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Purpose

This document sets out the main features of an occasional liquor licence (occasional licence) in the Liquor Control Act 1988 (LC Act).

When can an occasional licence be granted?

An occasional licence authorises the licensee to sell or supply alcohol or allows for the consumption of alcohol at an occasion with a duration of no more than 3 weeks.¹ ‘Occasion’ is a term included in the definition of a function, which is a gathering, occasion or event, including a sporting contest show, exhibition, trade, fair or reception where alcohol is proposed to be sold, supplied or consumed by those present.²

When determining whether to grant an application for a licence under the LC Act, the DLL must consider whether the grant is in the public interest and the potential for harm to be caused as a result of the use of alcohol.³ As a general rule, the DLL will not grant an occasional licence if the consumption of alcohol appears to be the primary purpose of the event.

The following are examples of occasions which are not predominantly about the consumption of alcohol, where the grant of an occasional licence would be considered:

• a community celebration, such as a cultural festival, significant commemoration, religious event or street festival
• a food, beverage and tourism festival, such as an event showcasing wine, beer or food which is predominantly produced in Western Australia
• a VIP visit
• an arts or entertainment event, such as an outdoor cinema, or an event with local, national or international acts
• business and trade conventions, consumer and trade shows, fairs and markets
• educational and scientific conferences, seminars and clinics
• sports competitions, including for amateurs or professionals, spectators and participants
• recreational fundraising activities, such as games, quizzes or trivia nights.   

An occasional licence authorises the organiser and specified persons to supply alcohol, which may be a specified type of alcohol, during specified times or occasions.⁴ An occasional licence allows the consumption of alcohol by those who are present at the occasion. The sale of packaged alcohol, which can be consumed elsewhere, will usually not be permitted because its consumption is not necessarily associated with the occasion that is being held. An applicant who wishes to sell packaged alcohol would need to demonstrate how this is in keeping with the occasion, in addition to satisfying the DLL that this manner of trade will not be detrimental to the public interest.⁵

Sometimes functions can be exempt from the requirements of the LC Act. Before lodging an application for an occasional licence, applicants should refer to the policy Exemptions to the Liquor Control Act 1988 to check whether the proposed event or function would be exempt from the Act.

When will an occasional licence not be granted?

An occasional licence will not be granted if, in the DLL’s opinion:

• it would not be lawful to sell, supply or provide for the consumption of alcohol in the location the occasional licence would apply to⁶
• the issue of an extended trading permit or the variation or cancellation of a condition of an existing licence would be better to achieve the same purpose.⁷ This only applies to someone who is already a licensee. It means that, rather than seeking an occasional licence, a licensee who wants to regularly trade in a way not permitted under their current licence should apply for an extended trading permit or a condition on their licence which would allow them to trade in this way
• the facilities and expertise for the proper operation of the licence might not be provided⁸
• sufficient measures might not be taken to ensure that trading is not detrimental to the public interest⁹
• a previous occasional licence had been granted to a particular applicant or for a particular cause, and granting another would tend to establish an undesirable pattern.¹⁰ An undesirable pattern occurs if it appears that the usual controls and provisions of the liquor licensing framework are being circumvented, such as an occasional licence being sought by:
  • a licensee, to permit them to trade in a way which is not allowed under their permanent licence
  • an unlicensed person, to permit them to regularly trade in alcohol, rather than to facilitate the holding of genuine events.

Applying for an occasional licence

If the DLL requires it, an applicant must be able to show that consent has been obtained from:

• the organiser of the function, for the proposed sale of alcohol (if the occasional licence is sought for a function organised by a person other than the applicant) and
• the occupier, or person or authority in control of the premises where the sale, supply or consumption of alcohol is to take place.¹¹

If the applicant for an occasional licence is intending to enter into a profit-sharing arrangement with another person, they must get the DLL’s approval for this arrangement. For example, the licensee may wish to share the proceeds from the sale of food with a caterer or share part of the entry fee with the entertainers. Refer to the factsheet Profit sharing agreements for further information.¹²

If the DLL requires it, an applicant for an occasional licence must submit plans of any premises on which the sale or consumption of alcohol is sought.¹³

An application for the grant of an occasional licence may be lodged with the DLL in the approved form at least 14 days before the licence is to take effect unless the DLL approves some other time period.¹⁴ The following lodgement periods apply if a large number of people are expected at the event:

• if more than 500 and less than 5000 patrons are expected, the form must be lodged at least 60 days before the licence is to take effect
• if more than 5000 patrons are expected, the form must be lodged at least 90 days before the licence is to take effect.¹⁵

In regional areas, if attendance at the function is expected to be more than 500 people, or the event duration is longer than 7 days, an application for an occasional liquor licence can be lodged with the managing registrar of the local courts located throughout the State. All other application must be lodged online, via the DLGSC’s website.

In general an applicant may be granted approval for an occasional liquor licence up to 24 times within a 12 month period.

If there is no advertising requirement for the grant of an occasional licence and a member of the public has not objected, there is still the possibility of a submission or an intervention by the:

• Commissioner of Police
• officers from the relevant local government
• chief executive officer appointed under the Western Australian Tourism Commission Act 1983 
• Chief Health Officer.¹⁶

Occasional licences cannot be transferred to another party.¹⁷ The DLL may cancel an occasional licence at any time if satisfied that it is no longer appropriate.¹⁸

Decisions in relation to occasional licences are not reviewable by the Liquor Commission.¹⁹ An occasional licence expires when the occasion has taken place, or the period for which the licence was issued has lapsed.²⁰

Exhibitors

An application for an occasional licence may be received for an event at which one or more holders of a permanent liquor licence wish to exhibit their own produce, for example, a fair showcasing a region’s food, beer and wine. Such events can be seen as meeting desirable goals under the LC Act such as supporting the proper development of tourism and hospitality,²¹ or encouraging responsible practices in the promotion and supply of alcohol, consistent with the interests of the community.²²

If multiple licensees will be present at an event serving alcohol, the DLL will need to be satisfied that provisions have been made for the event to be managed in a safe manner and the potential for alcohol to cause harm has been minimised. For example, this would include that areas where alcohol consumption is permitted are clearly delineated so that unaccompanied juveniles cannot access them. It could also include the provision of sufficient crowd controllers for the expected number of people.

Crowd controllers

If crowd controllers are required at an event which is covered by an occasional licence, the licensee should ensure that they understand their obligation to minimise the potential for alcohol to cause harm, and that the licensee has given them the required authorisation ²³ to allow them to remove a person who is drunk, or behaving in an offensive, quarrelsome or disorderly manner.

The licensee should ensure that crowd controllers will monitor for unaccompanied juveniles who are seeking to access areas where the consumption of alcohol is permitted, and prevent this access. They should also understand the need to monitor for people becoming intoxicated and even to remove drunk people. To ensure that crowd controllers can be utilised where they are most needed in licensed areas, licensees should ensure they are able to request the assistance of a crowd controller and direct them when necessary.

Training required for occasional licences

If an occasional licence is sought for an event where less than 250 patrons are expected on any one day, the licensee, and any approved manager (if the licensee is not undertaking this function), do not need to have completed an approved course of training in responsible practices in the sale, supply and service of alcohol.²⁴ If more than 250 patrons are expected on any one day, the licensee and managers must have completed the approved course in responsible practices in the sale, supply and service of alcohol. ²⁵

If more than 300 people are expected on any one day, any person employed or engaged to serve alcohol must have completed a course in responsible practices in the sale, supply and service of alcohol.²⁶ Similarly, any crowd controllers at the event must have completed this course.²⁷

Note that the DLL may impose a condition on an occasional licence that the approved manager be an unrestricted approved manager.²⁸ To become an unrestricted approved manager requires the completion of approved courses of training in both the responsible practices in the sale, supply and service of alcohol and the management of licensed premises.

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. LC Act s59(1)
2. LC Act s3(1)
3. LC Act s38(4)(a)
4. LC Act s59(5)
5. LC Act s59(2)(iv)
6. LC Act s59(2)(a)(i)
7. LC Act s59(2)(a)(ii)
8. LC Act s59(2)(a)(iii)
9. LC Act s59(2)(a)(iv)
10. LC Act s59(2)(a)(v)
11. LC Act s59(2)(b)
12. LC Act s59(3)
13. LC Act s59(4)
14. LC Act s66(3)
15. LC Act s75(1)
16. LC Regs r14AB
17. LC Act s69
18. LC Act s83(3)
19. LC Act s59(7)
20. LC Act s25(5)
21. LC Act s32(4)
22. LC Act s5(1)(c)
23. LC Act s5(2)(f)
24. LC Act s126C(2)
25. LC Regs 9D(2)
26. LC Regs r9D(1)
27. LC Regs r14AD(4)
28. LC Regs r14(4B).

Approval

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