Do I Need a Liquor Licence? Unravelling the Mystery of Liquor Licensing Regulations in WA

Posted on September 27, 2024

All Posts

Ah, the land of wide open spaces, beautiful coastlines, and Perth’s sunny charm. WA is a place where there are incredible business opportunities in hospitality and tourism ventures, and a liquor licence can prove to be an important asset that can help you grow your business.  Alternatively, you might find yourself wondering whether you need a liquor licence for your next grand soirée or work function.

So, let’s dive into the world of liquor licensing in Western Australia.

What’s the Big Deal About Liquor Licences?

In WA, liquor licences aren’t just a bureaucratic hurdle; they’re a way to ensure that alcohol is consumed responsibly and in line with the State’s liquor licensing regulations. Think of them as a safeguard aimed at keeping things safe and sound, while also ensuring that your party or business runs smoothly.

Types of Liquor Licences in WA

In WA there are various classes of liquor licence. Here’s a quick rundown:

  1. On-Premises Licences (e.g. Tavern, Small Bar, Restaurant, Special Facility and sometimes also Producers) where alcohol is served and consumed on-site.
  2. Off-Premises Licences:  Other establishments where you can buy and take away alcohol will require a liquor licence such as Liquor Stores, Wholesalers and Producers.
  3. Occasional Licence: if you are hosting a one-time event and plan to sell or supply alcohol to people attending an event such as a festival, pop-up bar, community event.
  4. Club Licence: For clubs and societies where members can enjoy a drink in a social setting.

There are a few exceptions where a liquor licence is not required in WA, which are based on the expectation that only a small amount of alcohol will be consumed and small numbers in attendance.  Various conditions need to be met in these situations.

Click this link for further information https://www.dlgsc.wa.gov.au/racing-gaming-and-liquor/liquor/liquor-applications#exemptions

Do You Really Need a Liquor Licence?

The answer depends on what you’re planning. Here’s a handy broad guide to help you out:

Hosting a Private Party?

If you’re just having a few friends over for a casual gathering, you’re generally in the clear without needing a liquor licence. However, if you’re charging for drinks or selling alcohol with a view to making a profit (as opposed to sharing the costs amongst friends) you’ll need an Occasional licence.

Operating a Hospitality Business?

If you’re operating a pub, small bar, restaurant, or any other establishment where alcohol is sold or supplied, you absolutely need a liquor licence.

If you are a caterer and want to sell liquor as part of your function packages, you will need a Special Facility (Caterer) Licence.

Liquor is now also sold in less traditional licensed venues such as cinemas, amusement facilities, sporting arenas and tourist attractions where a special facility licence can be obtained that allows liquor services to be provided.  In fact, there are many different types of sub-classes of special facility licences that are available for prescribed purposes.

With a total of 10 permanent licence categories to choose from that have different trading conditions and requirements, it is important to carefully consider what type of licence best suits your business and how you would like to operate.

Selling takeaway liquor?

The most obvious one is the sale takeaway liquor to the public, where a Liquor Store Licence is required.

Brewing your own beer and wanting to now start selling your product to the public?   You will need to consider obtaining a Producer’s Licence.  If you are looking to Import wine or spirits from overseas to sell wholesale to other businesses, you will need a Wholesaler’s licence.

Organising a Community Event?

For those who are planning a charity event, festival, or similar gathering, an Occasional licence is often required where the intention is to sell and supply liquor to the public. This type of licence helps cover the event’s specific needs and ensures that the sale and consumption of alcohol is properly managed.

How to Get a Liquor Licence

Getting a liquor licence in WA involves a few steps:

  1. Determine the Type of Licence: Figure out which licence fits your needs. Each type has its own requirements and processes.
  2. Submit an Application: You’ll need to fill out an application form with details about your business or event. The Liquor Control Act 1988 governs this, so be prepared to dive into some legalese.
  3. Public Notification: For some licences, especially for new businesses, you might need to notify the public through an advertising process which gives members of the public the opportunity to lodge objections.
  4. Approval and Compliance: Once approved, you’ll have to adhere to all conditions of the licence. This includes responsible service of alcohol and adhering to operational guidelines.

Tips for Navigating the Liquor Licence Maze

  • Start Early: Licence applications can take time, so give yourself plenty of lead time.
  • Check with the relevant Local Government Authority: To find out if planning approval for the intended use of your business will be given.
  • Consult a Professional: If you’re unsure, it might be worth having a chat to with one of our team at Fraser & Associates Lawyers as we specialise in Liquor Licensing and can streamline the process, prepare the application on your behalf and ensure you’re meeting all legal requirements.
  • Stay Informed: Regulations can change, so keep an eye on any updates to WA’s liquor laws.

Conclusion

Whether you’re throwing a backyard bash, running a bustling bar, or organising a local festival, understanding the need for a liquor licence in WA is key to ensuring a smooth and enjoyable experience.

With the right licence in hand, a liquor licence is a significant asset that enhances the customer experience and increases revenue opportunities.

If the process sounds overwhelming, too time consuming or simply not something you want to deal with, contact our office to see how we can assist you through the process.

Cheers to navigating WA’s liquor laws with ease and making every occasion memorable.