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Purpose

Any person or organisation wanting to hold a liquor licence in Western Australia must submit a harm minimisation plan as part of their application for a permanent licence or for a licence transfer.¹

This policy details the information that the Director of Liquor Licensing (DLL) requires as part of a licence application, to meet and maintain measures and practices of harm minimisation.

Who this policy applies to

This policy applies to liquor licence applicants wanting to hold a permanent liquor licence in Western Australia.

It does not apply to wholesalers and occasional licences as they are not required to submit a plan.

Objectives

This policy is intended to clarify to applicants what harm minimisation information they need to consider and provide to the DLL. Early consideration of what harms and minimisation strategies can be used will make the application process easier and quicker for licensees and detail the licensee’s commitment to minimising the harmful impacts of alcohol.

Important legislative references

The DLL is required to have regard to the objects of the Liquor Control Act 1988 (the LC Act), including to minimise harm or ill-health caused due to liquor.²

The DLL has discretion to grant or refuse an application on any grounds or for any reason that they consider in the public interest.³

The Act includes a number of offences and penalties intended to uphold harm minimisation principles, for example to ensure:

• liquor is not sold to a drunk person (section 115)
• free drinking water is available (section 115A)
• liquor is not supplied to a juvenile (section 121).

The DLL has powers to impose, vary and cancel conditions on a licence.⁴

The plan must set out the practical strategies and actions that all licensees, approved managers and staff will take at the licensed premises so that alcohol will be sold and consumed in a responsible manner, and alcohol related harm will be minimised.

Applicants will need to submit the following information:

• name of the licensee and the licensed premises
• a statement of intent about the way the applicant wants their premises to operate
• detail on the strategies and actions which will be taken at the premises to ensure that:
  • all staff understand their obligations to serve alcohol responsibly and have received an appropriate level of training
  • intoxicated patrons are refused service
  • juveniles are not served alcohol, and are appropriately controlled, in terms of which areas of the premises they can access (which may vary according to the licence type)
  • free drinking water is always available
  • the risk of alcohol-related harm is minimised, by strategies such as the availability of food and non-alcoholic products, and the display of responsible service posters on the premises
  • any complaints are properly managed and recorded
  • the amenity of the area is protected (for example, the licensed premises does not generate excessive noise and the surrounding areas are kept clean)
  • disorderly behaviour is discouraged, and patrons are encouraged to respect the rights of neighbours and not disturb the local area.

This is a list of matters that the DLL would want to see included in the plan to be satisfied that the grant of a licence is in the public interest, but it is not exhaustive. The DLL recommends the applicant include any other harm minimisation strategies that would be relevant for the premises.

Premises subject to a higher risk of alcohol related harm, such as hotels and taverns, and licences subject to special conditions, will need to provide more detail on harm reduction strategies in line with their risks to satisfy the DLL. For example, because nightclubs will be subject to a special condition on their licence requiring them to provide licensed crowd controllers, the applicant for a nightclub licence should set out in their plan how crowd controllers are to undertake their duties.

It is expected that, once a licence is granted, the daily operations of the licensed premises will follow the measures set out in the plan.

It is recommended that licensees regularly review and update their plan to ensure that the goal of minimising harm is still met, even when there have been changes to the community or to business practices over time.

The plan must be stored (electronically or paper based) at the licensed premises and be available to any authorised officer who asks to see it.⁵ Licensees are encouraged to make their plan available, such as on their website and on their premises, to demonstrate their commitment to harm minimisation.

Transitional arrangements

Applicants who started preparing their licensing application prior to this policy coming into effect on 29 August 2024 may submit the documents in the format required by the previous policy; that is, a house management policy, code of conduct and management plan.

Additional guidance

Further information on licence requirements is available, or the Licensing section can be contacted on 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. LC Act s68(1)
2. LC Act s5(1)(b)
3. LC Act s33(1)
4. LC Act s64
5. LC Act s154(1)(f) provides that authorised officers may require the provision of any information relating to the duties of the licensee or manager which is reasonably required.

Approval

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