“Show Cause” notice issued to Broome and Derby liquor licensees restrictions
On 8 January 2024, the Director of Liquor Licensing (DLL) issued ‘show-cause’ notices to licensees in respect of 37 licensed premises in the Kimberley towns of Broome and Derby outlining proposed liquor sales restrictions under Section 64 of the Liquor Control Act 1988 (the Act). Separate notices proposed different restrictions for the two towns.
The proposal by the DLL follows an inquiry into the impact of alcohol consumption in the two towns, in consultation with WA Police, local licensees, service providers, community groups, health agencies, local governments, academics and other stakeholders.
The proposed restrictions are aimed at minimising alcohol-related harm and ensuring public order and safety. It follows a detailed inquiry which gathered extensive evidence of the effects of excessive alcohol consumption in those areas and considered the impact on the health and safety of individuals and families.
The licensees will now have until 15 March 2024 in which to respond to the proposed restrictions and provide reasons why they should not be imposed, before a final decision is made.
The submissions will be reviewed, and a final decision will be made on the restrictions to be imposed in Broome and Derby, and licensees and relevant parties notified.
The following conditions have been proposed for Broome
(a) The sale and supply of packaged liquor is only authorised on permitted days between the hours of 12 midday to 7 pm.
(b) The licensee must not sell packaged liquor in excess of the following quantities per customer per permitted trading day (i.e., daily quantity restrictions):
(i) 11.25 litres of beer, cider, or pre-mixed spirits (e.g., one carton or a combination of each kind of liquor up to 11.25 litres) where the alcohol content does not exceed 6%; or
(ii) 3.75 litres of beer, cider or pre-mix spirts (or a combination of each kind up to 3.75 litres) where the alcohol content exceeds 6%; or
(iii) 1.5 litres of wine (e.g., 2 bottles or 1.5 litre cask); or
(iv) 1 litre of spirits; or
(v) 1 litre of fortified wine; or
(vi) a combination of:
(1) 5.6 litres of beer, cider, or pre-mixed spirits (e.g., half a carton or a combination of each kind of liquor up to 5.6 litres) where the alcohol content does not exceed 6%; or
(2) 1.87 litres of beer, cider or pre-mix spirts (or a combination of each kind up to 1.87 litres) where the alcohol content exceeds 6%; and
(3) 1.5 litres of wine (e.g., 2 bottles or 1.5 litre cask).
(c) The licensee must scan identification for all customers purchasing packaged liquor for compliance with the Banned Drinkers Register and Takeaway Alcohol Management System (TAMS).
(d) The sale of packaged liquor is not subject to the daily quantity restrictions where the sale is to a liquor merchant.
(e) Where a packaged liquor product is available in Australia in a non-glass container, the licensee is prohibited from selling the product in a glass container, except where the sale is to a liquor merchant.
(f) The sale of liquor is not subject to the daily quantity restrictions where a customer pre-orders liquor at least 72 hours in advance of pickup or delivery and:
(i) the customer has completed a Bulk Purchase Order form; and
(ii) the Bulk Purchase Order form contains the following information—
(1) name, address and licence number of relevant licence and signature of licensee or employee;
(2) name, address, phone number of customer;
(3) address where the liquor is being taken or delivered; and
(4) description and quantity of liquor ordered and the reason for the bulk purchase;
(iii) a copy of the Bulk Purchase Order form is:
(1) provided to the Officer in Charge of the local Police station within 24 hours of the order being received by the licensee; and
(2) provided to the customer; and
(3) retained by the licensee and made available for inspection at the request of an authorised officer.
Register of exempt sales
(a) Licensees must maintain on the licensed premises, a register of purchases made by a tourist, station owner, pastoralist or a person operating or employed at a remote work site.
(b) The register must be made available for inspection at the request of an authorised officer and must contain:
(i) name, address and phone number of the purchaser, including the residential address of a tourist; and
(ii) address where the liquor is being taken or delivered; and
(iii) description and quantity of liquor purchased; and
(iv) vehicle registration of the purchaser.
Record of liquor transactions
(a) The licensee is required to submit a return of liquor purchased from liquor merchants in Western Australia and elsewhere, by product type and quantity, to the Director of Liquor Licensing for each financial year by 31 July. The return must contain the following information:
(i) Total amount paid or payable to the licensee and the quantity supplied in respect of:
(1) low alcohol liquor (2.7% ethanol by volume or less);
(2) mid strength alcohol liquor (2.8% to 3.5% ethanol by volume); and
(3) full strength alcohol liquor (3.6% ethanol by volume or more).
(ii) The information is to be provided under the headings of the following product types:
(1) wine, beer, and spirits (as defined in section 3 of the Act), and
(2) pre-packaged pre-mixed alcohol beverages generally known as ‘ready-to-drinks (RTDs).
The following conditions have been proposed for Derby
(a) The sale and supply of packaged liquor is prohibited on Sundays and Mondays.
(b) The sale and supply of packaged liquor is only authorised on permitted days between the hours of 12 midday to 7 pm.
(c) The licensee must not sell packaged liquor in excess of the following quantities per customer per permitted trading day (i.e., daily quantity restrictions):
(i) 11.25 litres of beer, cider, or pre-mixed spirits (e.g., one carton or a combination of each kind of liquor up to 11.25 litres) where the alcohol content does not exceed 6%; or
(ii) 3.75 litres of beer, cider or pre-mix spirts (or a combination of each kind up to 3.75 litres) where the alcohol content exceeds 6%; or
(iii) 1.5 litres of wine (e.g., 2 bottles or 1.5 litre cask); or
(iv) 1 litre of spirits; or
(v) 1 litre of fortified wine; or
(vi) a combination of:
(1) 5.6 litres of beer, cider, or pre-mixed spirits (e.g., half a carton or a combination of each kind of liquor up to 5.6 litres) where the alcohol content does not exceed 6%; or
(2) 1.87 litres of beer, cider or pre-mix spirts (or a combination of each kind up to 1.87 litres) where the alcohol content exceeds 6%; and
(3) 1.5 litres of wine (e.g., 2 bottles or 1.5 litre cask).
(d) The licensee must scan I.D. for all customers purchasing packaged liquor for compliance with the Banned Drinkers Register and Take Away Alcohol Management System (TAMS).
(e) The sale of packaged liquor is not subject to the daily quantity restrictions where the sale is to a liquor merchant.
(f) Where a packaged liquor product is available in Australia in a non-glass container, the licensee is prohibited from selling the product in a glass container, except where the sale is to a liquor merchant.
(g) The sale of liquor is not subject to the daily quantity restrictions where a customer pre-orders liquor at least 72 hours in advance of pickup or delivery and:
(i) the customer has completed a Bulk Purchase Order form; and
(ii) the Bulk Purchase Order form contains the following information:
(1) name, address and licence number of relevant licence and signature of licensee or employee;
(2) name, address, phone number of customer;
(3) address where the liquor is being taken or delivered; and
(4) description and quantity of liquor ordered and the reason for the bulk purchase;
(iii) a copy of the Bulk Purchase Order form is:
(1) provided to the Officer in Charge of the local Police station within 24 hours of the order being received by the licensee; and
(2) provided to the customer; and
(3) retained by the licensee and made available for inspection at the request of an authorised officer.
Register of exempt sales
(a) Licensees must maintain on the licensed premises, a register of purchases made by a tourist, station owner, pastoralist or a person operating or employed at a remote work site.
(b) The register must be made available for inspection at the request of an authorised officer and must contain:
(i) name, address and phone number of the purchaser, including the residential address of a tourist; and
(ii) address where the liquor is being taken or delivered; and
(iii) description and quantity of liquor purchased; and
(iv) vehicle registration of the purchaser.
Record of liquor transactions
(a) The licensee is required to submit a return of liquor purchased from liquor merchants in Western Australia and elsewhere, by product type and quantity, to the Director of Liquor Licensing for each financial year by 31 July. The return must contain the following information:
(i) Total amount paid or payable to the licensee and the quantity supplied in respect of:
(1) low alcohol liquor (2.7% ethanol by volume or less);
(2) mid strength alcohol liquor (2.8% to 3.5% ethanol by volume); and
(3) full strength alcohol liquor (3.6% ethanol by volume or more).
(ii) The information is to be provided under the headings of the following product types:
(1) wine, beer, and spirits (as defined in section 3 of the Act), and
(2) pre-packaged pre-mixed alcohol beverages generally known as ‘ready-to-drinks (RTDs).