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Purpose

This policy provides that the Director of Liquor Licensing (DLL) will not grant a liquor licence if the proposed licensed premises does not meet minimum fire safety standards. If an existing licensed premises does not meet minimum fire safety standards, work orders can be issued that require the licensee to rectify this.

Who this policy applies to

This policy applies to any applicant for a liquor licence and any existing licensee.

Background

In order to grant a liquor licence, the DLL must be satisfied that a premises is (or will be, if not yet built) of a sufficient standard to be suitable for the proposed business.¹ When determining the required standard of the premises, the DLL will consider the class of licence or permit sought, the usual requirements of customers of that type of venue and that it will comply with relevant planning laws.²

New buildings that adhere to the National Construction Code, the Building Act 2011 and the Building Regulations 2012 are required to meet modern fire safety standards, but older premises may not be required to meet all of these standards. However, the DLL requires that a licensed premises meets a minimum standard of fire safety, particularly in relation to people being able to safely evacuate if there is a fire.

Additionally, existing licensees must maintain their licensed premises at a reasonable standard.³ If the DLL determines that it is in the public interest for the licensed premises to be altered to achieve fire safety objectives, the DLL may require the licensee or premises owner to make alterations.⁴

The following are basic fire safety measures that can be reasonably expected of most licensed premises in Western Australia:

1. Ability to exit the building
   • Emergency exits are clear, and there are clear paths of travel to exit the building.
   • Emergency exit signs and directional signs are well lit, correctly located and easily visible. Signs and emergency lighting have a hard-wired battery backup.
   • Emergency exit doors open outwards with a single downward or pushing action.
   • Windows, doors, balconies and external stairways are clear and unobstructed, as they can be used as exits if the building is on fire.
2. Evacuation plan
   • An emergency evacuation plan is displayed in each room.
   • Staff and management have an evacuation management plan which details the evacuation procedure, external muster points and how all staff, patrons and guests are to be accounted for.
3. Core doors
   • Licensed premises that offer accommodation should ideally fit solid core doors with self-closing devices in each accommodation unit. These aid in compartmentalising a fire and delaying the spread of smoke and flames.
   • Heritage locations should provide alternative risk mitigation measures if modern fire doors are not in use.
     
4. Smoke alarms
   • Hardwired 240 volt smoke detectors should be provided in each accommodation room and throughout all areas of the building.
   • Ideally, smoke alarms should be interconnected so that when one triggers, all trigger.
5. Fire extinguishers
   • Must be of a type which is most relevant to the likely fire risk.
   • Must be inspected at least every six months and serviced at least every twelve months.
   • Must be operational, correctly sign posted, tagged and in a functional location.
6. Fire blankets
   • Are to be provided in food preparation areas and inspected and serviced annually.
7. Electrical
   • Electrical wiring and appliances are checked regularly by a qualified person.
   • It is highly recommended that residual current devices (RCDs) are installed These not only greatly reduce the risk of a fatal electric shock, they can also help prevent electrical fires.

If any of these fire safety measures are not practical due to the age or construction of the premises, licensees should speak to DLGSC inspectors to discuss if the desired safety outcome can be achieved through alternative measures.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

1. Liquor Control Act 1988 (LC Act) s37(1)(f)
2. LC Act s33(7) sets out that these are ‘amongst the matters’ that the DLL is to give consideration to
3. LC Act s99(1)
4. LC Act s99(3).

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