In Western Australia, liquor licences are governed by the Liquor Control Act 1988. The trading conditions attached to a liquor licence dictate how, when, and under what circumstances a licensee can operate. These conditions are designed to promote responsible service of alcohol and ensure public safety. However, overly restrictive or impractical trading conditions can significantly impact the viability and flexibility of a hospitality business.
Common Trading Conditions
Trading conditions typically cover:
- Hours of Operation: Specified trading hours during which liquor can be sold or consumed.
- Permitted Areas: Restrictions on where liquor can be served and consumed within the licensed premises.
- Types of Liquor: Limitations on the types of liquor that can be sold (e.g., beer, wine, or spirits).
- Security Measures: Requirements for security personnel or surveillance equipment.
- Noise Restrictions: Conditions to manage noise levels and minimise disturbances to nearby residents or businesses.
- Entertainment Provisions: Guidelines and/or limitation relating to the provision of entertainment, such as live music or other performances.
New Liquor Licence Applications
To avoid unworkable or onerous trading conditions when applying for a liquor licence Applicants need to understand the requirements of the Liquor Control Act 1988 and any relevant regulations or policies that have been issued by the Department of Local Government, Sport and Cultural Industries (DLGSC).
It might be both useful and advantageous to seek professional advice to obtain assistance in:
- Conducting a Needs Analysis: Assessing the nature of your business, the clientele you intend to serve, and the type of licence that best suits your operations.
- Providing Guidance & Support in Engaging with Stakeholders: Consulting with local councils, community groups, and law enforcement can all be part of the application process, as well as effectively responding to potential concerns and addressing them proactively.
- Negotiate Conditions: Where the licensing authority or stakeholders propose conditions, these need to be carefully considered, including their practicality and potential impact on revenue. A lawyer can assist in negotiating terms that align with your operational needs while addressing regulatory concerns.
Reviewing Existing Trading Conditions
If your business is already operating with a liquor licence and the trading conditions are proving problematic, seek professional advice to see how these conditions might be varied or cancelled.
Final Thoughts
Managing trading conditions effectively is crucial for the success of any licensed venue. Whether you are applying for a new liquor licence or reviewing existing conditions, thorough preparation and strategic advice can be invaluable.
The experienced team at Fraser & Associates Lawyers can help you to prepare a new application and also present a strong case for a variation or cancellation of an existing trading condition.