Intro
The first liquor laws, which concerned only public revenue and drunkenness, were passed following the foundation of the State in 1829. Over time, the objectives of liquor legislation have shifted to focus on the social effects of the supply and consumption of liquor. In this regard, the legislation includes controls in respect of under-age drinking, public order issues and the amenity of the local community. The legislation also has harm minimisation as one of the primary objects of the Liquor Control Act 1988.
Although the sale, supply and consumption of liquor is accepted throughout society, alcohol is not an ordinary commodity. The misuse of liquor can be associated with harm and anti-social behaviour, and this can have a significant impact on the amenity and the quiet or good order of the local neighbourhood. These problems can go unaddressed and raising the awareness at the local level about the types of remedies that can be applied to such activity can assist to remedy some of these problems. The development of a liquor policy by local governments may be of assistance.
This guide has been produced to provide assistance and information for local governments in relation to the Liquor Control Act 1988 and the development of a local liquor policy.
Local governments have power under the Act to:
The Liquor Control Act 1988 provides the legislative framework for the liquor licensing authority, comprising the Director of Liquor Licensing and the Liquor Commission, to regulate the sale, supply and consumption of liquor in Western Australia.
Section 5(1)identifies the Act’s primary objects as to:
Section 5(2) lists the secondary objects of the Act, which are to:
The Act not only affects licensees and their businesses, but also the general public of Western Australia.
The Act defines liquor as:
The most common instance of a sale occurs when the owner of the goods (for example the vendor, seller or supplier) agrees to sell those goods to someone else (the purchaser or customer) in return for money (the price).
For the purposes of the Liquor Control Act 1988, “sell” also includes:
and includes, in relation to a club, supply to or to the order of members otherwise than by way of sale, but does not in relation to any class of licence include the provision of a free sample authorised by this Act.
The Act also provides that any trader who gives away or delivers liquor to a customer with other goods, is deemed to have sold that liquor.
Furthermore, in the absence of proof to the contrary, the supply of liquor to someone who has:
will be deemed to be a sale of liquor and would require a liquor licence.
Local governments are able to influence liquor decisions through the various provisions of the Liquor Control Act, which provide a power for local government to confirm or refute that liquor licensing applications comply with local government legislative requirements; or express any concerns about existing or proposed licensed premises through the Act’s objection, intervention or complaint process.
There is often public confusion about who to contact regarding complaints about licensed premises. In the past, this has resulted in local governments not being aware of community or individual concerns about a proposed or existing licence, or liquor related issues.
By informing the public within the vicinity of an impending application, the local government will be better able to assist its constituents in forwarding concerns to the liquor licensing authority.
The relevant sections of the Act are mentioned below and are followed by comments to assist local government in interpreting the section’s provisions. An online copy of the Liquor Control Act and Regulations can be accessed at the website of the State Law Publisher.
Local Planning Schemes (LPS) can help a community control the type, number and trading hours of licensed premises through zoning and setting development standards. Liquor outlets constitute a significant percentage of commercial enterprises in many communities. A LPS could be framed so as to have regard to liquor-related and community amenity issues.
A LPS should seek to balance the number, type and density of outlets in a community. The question for planners is whether to grant routine planning approvals for liquor outlets, leaving their growth to market mechanisms or to review such applications for their impact upon community life.
There are special planning considerations for late night trading venues in regard to amenity impacts on the local community. Licensed premises such as nightclubs, special facility licences, hotels, taverns and small bars, need to be closely examined, particularly if they are situated close to residential homes. Other key issues that could be considered include the availability of late night transport and adequate security and policing in the early hours of the morning.
A certificate issued by a local government under section 39 of the Liquor Control Act confirms that the premises or proposed premises comply with all the relevant requirements of the following legislation: the Health Act 1911; the Food Act 2008; the Local Government Act 1995; the Building Act 2011; and any written laws relating to sewerage and drainage.
Section 39 certificates are required for all new liquor licence applications and applications for any alterations to existing licensed premises. There is no prescribed form for section 39 certificates, however a pro-forma is available from the department if required.
This certificate is not required to be lodged at the same time as the application if the applicant is seeking the conditional grant of a liquor licence. The certificate, however, must be lodged prior to the issue of the licence.
Local governments can condition section 39 certificates if a premises has outstanding work to be completed, or withhold the certificate until the premises has been made to comply. Local governments can also impose conditions relating to the use of premises, or certain areas of the premises as deemed necessary.
A common example is where local government condition a building certificate/s to specify the number of patrons who can be on the premises at any one time under the Health (Public Building) Regulations. This can be imposed as a condition of licence if required.
The department is seeking confirmation that the premises complies with the relevant requirements of the Building Act 2011 as it pertains to each particular application.Therefore, where construction or building works are undertaken as part of a new liquor licence application or an alteration/redefinition application, the department’s expectation is that all works undertaken have been completed in accordance with any building permits issued by the local government.
With respect to a new licence application to be located in a premises constructed prior to 2011, provided no additional building or construction works are to be undertaken, then the department is seeking confirmation from the local government that the premises was constructed in accordance with the relevant legislation at the time of its construction.
The only instance where it is expected that a section 39 certificate has reference to the Building Act 2011 deleted or removed is for an application for a liquor without a meal permit, or for an alteration/redefinition application where no building/construction works are undertaken (for instance adding a lawn outdoor area to the licensed premises).
A certificate or development approval issued by a local government under section 40 of the Liquor Control Act confirms that the premises or proposed premises comply with the local government’s LPS and other planning requirements.
Section 40 certificates or development approvals are required for an application for the grant or removal of a licence, or for a change in the use or condition of any premises, unless otherwise determined.
Development approvals must specify the type of liquor licence sought and all conditions. A pro-forma section 40 certificate is available from the department on request.
The certificate or development approval is not required to be lodged at the same time as the application, however, the application cannot be determined until the certificate or development approval has been provided, unless the licensing authority determines otherwise.
Local governments are able to condition certificates or development approvals if the premises requires the imposition of specified trading restrictions in order to comply with planning approval requirements. As a general rule, any trading restrictions specified by a local government would be imposed by the licensing authority as conditions on any licence issued. For example, such restrictions could include compliance with noise requirements or maximum accommodation numbers.
If the premises cannot be made to comply with planning legislation, the certificate or development approval can be conditioned accordingly. Following receipt of a certificate or development approval confirming that a premises cannot comply with planning laws, the licensing authority would not allow that the application to proceed any further.
Section 99 of the Liquor Control Act requires every licensee to:
Where a local government health or building inspection has identified items that a premises or its fittings and fixtures are not being maintained, kept in a clean, hygienic condition or in good repair, then the department can adopt any work orders/schedule of works issued by local government to also be carried out under section 99 of the Act.
Local governments are in a unique position to assist in liquor licensing decisions. Where an application is made for the grant of a licence, local governments can request that the Director of Liquor Licensing forward to them a copy of that particular application. Details regarding these applications are also available from the department’s website.
Local governments could consider consulting with residents, schools, hospitals, businesses and community groups in the vicinity of each application site. In this regard, local governments could provide an outline of the application, explain residents’ rights of objection and invite responses. They may then represent the objectors at a hearing before the licensing authority.
Each local government has a different planning scheme and other policies that are specific to their community. While local governments can influence whether or not a liquor licence type is permitted at a particular location, it is not always able to do so unless it has the appropriate scheme and policy provisions in place.
To be effective in ensuring desired outcomes with regard to licensed venues, regulatory approvals systems need to provide to clear, coordinated and defined interrelationship between policies, structures and processes. Local planning policies are a way for local governments to incorporate provisions relating to the treatment of licensed premises.
For those local governments seeking assistance to work towards the management of alcohol-related harm, there are a number of existing town planning tools available that may be employed more effectively through appropriate strategic planning processes.
Local governments should contact the WA Local Government Association for further details about these existing tools and support resources.
Application process for the grant of a licence (PDF)
There are a number of situations where the sale, supply and consumption of liquor is specifically exempt from the application of the Act, that is, there is no need for a licence. Such situations involve small amounts of liquor supplied in controlled environments and social situations where relatively few people are in attendance.
These prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions, as stated in the Liquor Control Regulations 1989 (the regulations), are met. The prescribed exemptions and the conditions of each are summarised below.
This exemption applies only when BYO liquor is consumed at a live entertainment venue. “Live entertainment” is defined as a musical, theatrical, dance or comic entertainment provided by one or more persons present at the venue. Live entertainment does not include sporting contests, recorded music, DJs, and live broadcasts or transmissions.
Where the primary purpose of a venue is to facilitate continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment. This exemption does not allow the sale and supply of liquor by the venue operator.
The following conditions must be met in order for the consumption of BYO liquor at live entertainment venues to be exempt from the Act:
Where liquor consumption takes place at a live entertainment venue, the premises is deemed to be a regulated premises under section 122 of the Act. Offence provisions under sections 115 and 122 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.
Whilst the consumption of BYO liquor is exempt from the Act in many circumstances, it is important to note that section 119(7) of the Act prohibits allowing unlicensed premises to be kept or used as a place of resort for the consumption of liquor. The exemption relating to live entertainment venues therefore clarifies that this type of BYO consumption is not a breach of section 119(7).
The small functions exemption is applicable to small events where previously the organiser would have been required to apply for an occasional licence (for example a book launch or a small private event);does not apply to premises where a permanent liquor licence is already in effect; and does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor.
The sale or supply of liquor at a function where the serving of liquor is ancillary to the purpose of the function is exempt from the Act, provided:
An attendee does not include a person who is managing or supervising the function; providing services at the function (such as serving food or liquor; security etc); and providing entertainment at the function or assisting a person who is providing entertainment.
A function can only be held between the hours of 6am and 10pm on the same day. Additionally, a drunk person is not allowed to consume liquor at the function, nor is liquor to be supplied to a drunk person.
For the purposes of this exemption, a function is defined under section 3(1) of the Act as “a gathering, occasion or event (including a sporting contest, show, exhibition, trade or other fair, or reception) at which it is proposed that liquor be sold or supplied to those present.”
Where liquor is sold or supplied at a small occasional function, the premises on which the function takes place is deemed to be regulated premises under section 122 of the Act. Offence provisions under sections 115 and 122 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on those premises.
This exemption provides that businesses may supply liquor to customers, provided it is gratuitous (without charge) and ancillary to the purpose of the customer’s attendance at the business. However, the quantity of liquor supplied cannot be more than two standard drinks per person for consumption on the premises or one litre per person for consumption away from the premises.
For example, a hair salon may wish to offer a complimentary glass of wine or champagne to a client; or a real estate agent may wish to offer a complimentary bottle of champagne to a home buyer.
A standard drink is classified as a drink containing no more than 10 grams of ethanol measured at 20°c. The Australian Guidelines to Reduce Health Risks from Drinking Alcohol, published by the National Health and Medical Research Council in February 2009, provide further guidance on the Australian standard drink size.
Where gratuitous liquor is supplied by a business in these circumstances, the business premises is deemed to be regulated premises under section 122 of the Act. Offence provisions under sections 115 and 122 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on those premises.
This exemption does not provide the means by which an entity can establish a permanent business in the sale and supply of liquor. In these instances it would be necessary to obtain a permanent liquor licence.
The gratuitous (without charge) supply of liquor by a tourism business, either on the business premises or during the course of a tour, is exempt from the Act in the following circumstances:
For the purpose of the regulations, the person who supplies the liquor to the customer is taken to mean the person in charge of the business such as the owner/manager and the tour leader. Staff that are involved in serving liquor (such as pouring glasses of wine for guests) will also require training, however staff who simply place liquor in a room or on a table for example, do not require training.
A map showing the relevant restricted areas is available on the department’s website.
The supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (with a maximum capacity of eight guests at any one time) is exempt from the Act provided that the following conditions are met:
The operator of a bed and breakfast facility may elect to rely on this exemption or on the tourism operator exemption instead.
Where one or more liquor producers host a stall at a farmers market, liquor may be sold or supplied where it is no more than 9 litres of packaged liquor per customer or by way of free sample. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.
Sample sizes cannot be greater than 100ml for beer, 50ml for wine and 15ml for spirits. Orders can also be taken for larger quantities, with the sale or supply of the liquor to take place at a later date.
Farmers markets are those markets where primary producers display and sell their products directly to the public. Primary producers include agriculture, pastoral pursuits, horticulture, grazing, dairy farming, bee-keeping, orcharding, viticulture, silviculture and other similar farming activities.
The stall, and the area immediately surrounding the stall in which customers congregate to sample or purchase liquor, is deemed to be regulated premises under section 122 of the Act. Offence provisions under sections 115 and 122 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.
Where the organiser of a function enters into an arrangement with a licensee of an appropriately licensed premises and the licensee provides the venue, food and liquor for the function, at a set price; and the organiser arranges for the function to advertised to the public and for the sale of tickets to the function, then the sale or supply of liquor by the function organiser is exempt from the Act, provided that:
The consumption of BYO liquor in charter vehicles that are licensed by the Department of Transport, are exempt from the Act, provided that all of the following conditions are met:
A responsible adult is defined in section 125(2)(b)of the Act as “an adult who is a parent, step-parent, spouse, de facto partner or legal guardian of the juvenile, or other person in loco parent is to the juvenile.”
Where BYO liquor consumption takes place in a charter vehicle, the vehicle is deemed to be regulated premises under section 122 of the Act. Offence provisions under sections 115 and 122 therefore apply to the supply of liquor to juveniles and drunk persons, the consumption and possession of liquor by juveniles and the consumption of liquor by drunk persons on these premises.
Where a premises is licensed as a warehouse (under the Customs Act 1901) and the sale of liquor in bond by the proprietor occurs with a person who proposes to personally take the liquor outside of Australia, this sale is exempt from the Act.
The sale and supply of liquor is exempt when it occurs:
The sale or supply of liquor together with flowers, a food parcel or a gift hamper to be delivered by the vendor or supplier as a gift, to a person other than the purchaser, vendor or supplier is exempt from the Act, provided that the following conditions are met:
The value of the liquor and its container is based on the cost of buying that liquor from a liquor store or hotel licence
The sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987 is exempt from the Act.
The retail sale of an alcohol based food essence is exempt from the Act. This is defined as a flavour substance in liquid form, with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding 100 millilitres in the case of vanilla essence; or 50 millilitres in any other case.
The sale must be authorised in writing by the Director of Liquor Licensing in order for the exemption to apply.
The sale or supply of liquor is exempt from the Act where it is to a patient or resident at a nursing home; hospital; private psychiatric hostel; or a residential facility operated by an approved provider of residential care.
The sale or supply is authorised by the person who conducts or manages the premises or is the approved provider of residential care.
Despite being exempt from the application of the Act, in many of the above situations the venue/premises are deemed to be regulated premises under section 122 of the Act. This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises. The penalty for a breach of these sections of the Act is a fine of up to $10,000.
A significant number of Western Australian remote communities continue to explore methods to reduce the level of harm caused due to the use of liquor.
Section 175(1a)of the Act enables the Governor, on the recommendation of the Minister for Racing and Gaming, to declare an area of the State a restricted area that prohibits the bringing in, possession and consumption of liquor in the declared area. If a person commits an offence against the regulations, a penalty of between $2000 and $5000 applies.Police have the necessary powers to seize and dispose of opened or unopened containers of liquor that are brought into the restricted area illegally.
The restricted area declaration is currently the State Government’s preferred legislative mechanism for alcohol management in Aboriginal communities.
Section 64 of the Act allows the Director of Liquor Licensing, where it is in the public interest, to impose conditions on licensees restricting the sale and supply of liquor from licensed premises. A condition may include a limitation, prohibition or an authorisation on any licence or permit and can relate to any aspect of business carried out under the licence, or any activity that takes place at the licensed premises.
Restrictions imposed under section 64 of the Act apply to a number of rural and remote communities throughout Western Australia.
An interactive map showing the location of all liquor restrictions in WA (imposed under sections 64 and 175 of the Act), with a description of each restriction, is available on the department’s website.
Part 5B of the Act enables the owner or occupier of a private premises or privately owned land to apply to the Director of Liquor Licensing to have the premises declared a restricted premises. This makes it an offence for a person to bring into, consume or possess liquor on those premises for a specified period.
A penalty of $2000 applies if:
Section 152P(4) of the Act also allows for a prescribed class of person to apply for a declaration of a liquor restricted premises. In this regard, the Chief Executive Officer of the Department of Communities is the only class of prescribed person in the regulations.
It is not an offence for a person who is passing though restricted premises, open to or used by the public, with unopened liquor if it is to be consumed somewhere else. For example, if part of a shopping centre is a restricted area you can carry liquor bought at a liquor store through the area without committing an offence.
A person cannot be charged if that person did not know, and could not reasonably have been expected to know, that the premises were liquor restricted premises.
The Liquor Control Act provides for a number of different types of liquor licence, each with specific trading conditions. They are:
A Special Facility licence can be granted for any of the purposes shown in the table below. The trading hours are not prescribed by the Act, but are imposed as conditions at the time the licence is granted.
An applicant for the grant of a Special Facility licence is required to lodge a written submission demonstrating how the business for which the licence is sought meets any of the prescribed purposes for which a Special Facility licence may be granted.
The onus is upon the applicant to demonstrate that no other class of licence (such as a Tavern, Hotel, Restaurant, etc)is adequate. In addition, the applicant should provide a detailed outline of how the business under the licence is proposed to operate and the trading conditions which are sought for the licence.
Local government authorities should note that the licensing authority will not grant a Special Facility licence just because the grant of another class of licence for the premises is not possible under the town planning scheme.
The licensing authority can substitute an alternative type of licence if another type of licence is deemed more appropriate.
The normal prescribed trading hours for the different licence types are:
Section 59 of the Liquor Control Act provides for occasional licences to be issued for a period of up to three weeks. If the proposed event is to be conducted on a council reserve or in a public open space, local governments can influence the grant of occasional licences.
Similarly, local governments can liaise informally with the licensing authority to identify any concerns and suggest possible solutions.
Local governments should note that outside the metropolitan area, the Director has delegated to the local Clerk of Courts the power to grant or, in certain circumstances, to refuse occasional licences.
In addition, section 75 also provides local governments with an opportunity to be heard in respect of applications relating to the grant of an occasional licence.
Occasional licences are intended for people who want to sell liquor, but do not have any other liquor licence. An occasional licence authorises the sale of liquor at a “function”, defined by the Act as meaning “a gathering, occasion or event, including a sporting contest, show, exhibition, trade or other fair or a reception.”
Most occasional licences will cover one function lasting only a few hours, however,an occasional licence can be granted to authorise the sale of liquor over a number of days.
However, one licence cannot cover a period of more than 21 days. One occasional licence can also licence several different venues, if those venues are involved in something like a cultural festival.
When considering an application for the grant of an occasional licence, the Director must be satisfied that the owner or occupier or person having control of the premises has consented to the application. This includes local government approval for public areas, parks, ovals, etc. In this respect, some local governments issue their own function permits for the use of their facilities. The occasional licence is required in addition to such a permit. If consent is not given, the Director of Liquor Licensing would not allow that application to proceed any further.
Section 60 of the Liquor Control Act allows extended trading permits to be issued to licensees to authorise the sale and supply of liquor at times outside of normal trading hours, for example after midnight on Fridays.
Section 61 provides a direct power for local governments to influence any application for the grant of an extended trading permit to allow the sale of liquor in an extended area outside of the licensed premises.
Local governments are able to condition such approvals so as to comply with specified trading restrictions. Usually,any trading restrictions specified by a local government would be imposed by the licensing authority as conditions on any permit issued.
This provision is especially relevant to applications for extended trading permits to sell and supply liquor al fresco on footpaths outside of licensed premises and when the licensee of a restaurant seeks an extended trading permit to sell and supply liquor without a meal.
If an applicant cannot establish that the local government has been consulted, or the local government does not give approval, the licensing authority would not allow the application to proceed any further.
Section 64(3)(ba) of the Liquor Control Act provides power for the licensing authority to impose conditions on an existing licence, which it considers to be in the public interest, or desirable to ensure that the local laws of a local government under the Local Government Act 1995 are complied with. In effect, this section provides for local communities to have some impact on liquor licensing decisions, following the proclamation of a local law, even if the imposition of such a condition resulted in a condition imposed by the Act becoming more restrictive. Local governments can bring any matter of this type to the attention of the Director of Liquor Licensing by way of a report or submission.
Section 69 of the Liquor Control Act provides fora Local government that has an interest in any application for the grant of a licence to:
Section 69(8) also provides for a person authorised by the relevant local government to intervene in proceedings before the licensing authority. An intervention can be exercised instead of, or in conjunction with a notice of objection. Grounds for intervention by a local government is restricted to the requirements of the Health Act 1911, any written law relating to sewerage or drainage; or the Local Government Act 1995 or the Local Government (Miscellaneous Provisions) Act 1960, in relation to health matters.
It is important to note that section 69(12) provides that a notice of intervention by a local government should be lodged before the last day on which objections can be lodged.
This date is made public in the application notice and applicants are required to post it on the premises; and publish it in The Western Australian newspaper (all licence grants).
Details of advertised applications are also displayed on the department’s website.
Section 69(13) provides that a person who intervenes in proceedings before the licensing authority may be held on any appeal to have become a party to the proceedings and may be made a respondent to any appeal. This means that if a local government has sought to intervene in an application and is not happy with the decision of the Director of Liquor Licensing,then that authority can seek a review or appeal of the decision (see sections 25 and 28 of the Liquor Control Act).
Liquor licences are issued to specified persons,“the licensee”, to authorise those persons to sell liquor. No one except the licensee may use the licence. Sometimes, however, situations arise in which other persons can be authorised by the licensing authority to step in and temporarily carry on the business at the licensed premises, instead of the licensee.
Section 86 of the Liquor Control Act provides for an authorisation, known as a “protection order,” to be granted to a local government, located in a rural area, to temporarily carry on the business of a hotel or liquor store, in order to service the needs of the local community, until the licence can be lawfully transferred.
An application for the grant of a “protection order” must be made on the approved Form 13. Until the Director grants the protection order, the local authority would not be permitted to sell and supply liquor under the licence.
An application for a protection order does not need to be advertised, unless the Director orders it. If granted to a local government, the order commences on a specified date and lasts for up to 12 months, unless a shorter time is specified in the order.
The Liquor Control Act requires licensees to ensure that the activities of their licensed premises or the actions of its patrons do not unduly affect any person(s). For this reason, applicants for the grant of a new licence are usually required to advertise their applications for public comment.
There are provisions in the Act enabling local governments to forward submissions of concern regarding any probable negative effects (see sections 69 (7) (c) and 74 of the Liquor Control Act) of the grant of a new licence.
An objection to a proposed licensed premises may be lodged by the local government in which the premises is situated, or by any adjacent local government with an interest in the neighbourhood of the licensed premises. The power to intervene is provided by section 69 of the Act.
For an individual to object to an application, he or she may be required by the Director of Liquor Licensing to verify the objection with the support of other people (with their consent) who object to the application. A local government can assist these people to become aware of other community members’ concerns, their rights to action and provide support to resolve their problem.
Objections may be lodged against most applications under the Liquor Control Act. The following applications are specifically advertised for public information:
No objection may be made unless it is on one or more of the following grounds:
The approved form for objections is the Form 17 Notice of Objection, a copy of which is available from the department’s website. The form should be lodged no later than the date shown on the advertisement published in the newspaper. All objections must be lodged on the Director of Liquor Licensing andon the applicant.
Where an objection is lodged, the objector must provide full particulars in support of their objection prior to the last day for objections.
During the objection period any person may view application details.
The Director may also allow objections to be lodged by a person or body of persons not otherwise allowed to object; which are not in the approved form, or that are otherwise incomplete; or which are outside of the prescribed time limitation.
In those cases, the licensing authority will then decide whether such an objection should be heard
While an occasional licence is not subject to the Act’s objection process, it may be made the subject of a submission or an intervention under section 69 of the Act. Under section 69, local governments may also intervene in proceedings for the purpose of introducing evidence or making representations as to whether the premises are suitable to be licensed or the subject of a permit (see earlier reference to section 69).
Section 117 of the Liquor Control Act provides for a complaint to be made against a licensee if noise coming from the licensed premises or the behaviour of patrons at premises is affecting people in the neighbourhood.
A complaint may be made by the local government of the municipality in which the premises are situated, or by an adjoining local government, in addition to residents and the Commissioner of Police.
A complaint may be made where it is alleged that:
A pro-forma Section 117 complaint form is available from the department’s website.
Ideally, before lodging a complaint with the Director, the local government should serve a copy of the complaint on the licensee and allow sufficient time for the licensee to rectify the cause of the complaint.
Once a complaint has been lodged, the Director of Liquor Licensing will request an Inspector to visit the premises to attempt to resolve the complaint through negotiation and conciliation.
If the Inspector’s effort does not resolve the complaint satisfactorily, the Director will determine the matter. All parties to the complaint will be given the opportunity to make submissions on their respective case and the Director will consider the information on its merits.
There is no requirement for parties to be legally represented.After considering the information presented, the Director may dismiss the complaint, or:
Any party to these proceedings who is dissatisfied with the Director’s decision may apply to the Liquor Commission for a review of the decision. An application for review should be made within one month of the parties receiving notice of the Director’s decision. Any order made by the Director remains in force until quashed by the Commission or revoked by the Director.
Section 95 of the Liquor Control Act empowers a local government to make an official complaint about licensed premises to the Liquor Commission. The grounds available for complaint by a local government are the:
Further information in respect to lodging a section 95 is available from the Liquor Commission’s website.
The Liquor Control Act provides for inspectors and local governments to share information on licensed premises in certain circumstances.
Section 153 of the Act provides for a liquor licensing inspector to make his or her report, on the suitability of licensed or proposed licensed premises, available for inspection by the local government where so requested by a local government.