The liquor licensing landscape in Western Australia is governed by the Liquor Control Act 1988, which regulates the sale, supply, and consumption of alcohol to minimize harm and ensure community well-being. For both new applicants and existing licensees, understanding and complying with these regulations can sometimes be time consuming and challenging.
- Licence Categories & Trading Conditions: Applicants often face difficulties in determining the appropriate type of liquor licence that will best suit their business model. Many first-time applicants don’t fully consider trading conditions that might be applied to their licence based on for example: class of licence, development approval, or an acoustic report. This could mean that they may end up with conditions that can be onerous to comply with and might stop them from operating as intended. In some instances, a licensee might end up with an unnecessary operating expense (e.g. security condition).
- Application Process: The process can be intricate, requiring a thorough understanding of the licence and permit categories and the documentation required to meet the Licensing Authority’s requirements.
- Public Interest Assessments (PIA): Many new grants of liquor licences, as well as an extended trading permit for ongoing hours necessitate a PIA, which involves demonstrating that the proposed operations and liquor services aligns with the community’s best interests. Preparing a comprehensive PIA can be daunting due to the need for detailed evidence and analysis.
- Compliance and Enforcement: Licensees must adhere to strict conditions, including trading hours, responsible service practices, and venue management policies. Non-compliance can lead to infringements, penalties, or even loss of the licence. Consider obtaining advice and getting representation, to avoid unnecessary convictions.
- Evolving Regulations: The liquor licensing framework is subject to ongoing reforms aimed at improving public safety and reducing alcohol-related harm. Staying updated with these changes is crucial for licensees to maintain compliance.
How Fraser & Associates Supports Applicants & Licensees
Fraser & Associates specialises in guiding clients through the complexities of WA’s liquor licensing laws and provide the following services:
- New Applications: Assisting clients in selecting the appropriate licence type and preparing all necessary documentation to increase the likelihood of approval.
- Public Interest Submissions: Crafting detailed PIAs that effectively present the benefits of the proposed establishment to the community, addressing potential concerns proactively.
- Licence Transfers and Variations: Managing the legal aspects of transferring existing licences or modifying licence conditions to accommodate business changes, ensuring seamless transitions.
- Extended Trading Permits: Advising on and facilitating applications for extended trading hours or additional service areas.
- Compliance and Disciplinary Proceedings: Providing representation and strategic advice in cases of alleged breaches, helping licensees to mitigate penalties and protect the business’s reputation.