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Purpose

This factsheet explains provisions in the Liquor Control Act 1988 (LC Act), which limit the density of licensed premises selling packaged liquor in any one area. Packaged liquor means alcohol in sealed containers, sold for consumption off a licensed premises.¹

Grant or removal of a licence authorising the sale of packaged liquor

Under the LC Act, the Director of Liquor Licensing (DLL) is required to consider any applications for the grant or removal of a liquor licence. Removal of a licence is where an application is made for the licence to be removed from an existing premises and applied to a different premises.²

If an application for the grant or removal of a licence for the sale of packaged liquor has been made, the DLL must consider if there are existing licensed premises selling packaged liquor in the proposed locality.

Outlet density is a relevant consideration for the grant or removal of three different liquor licence types: hotels (if they are authorised to sell packaged liquor), taverns and liquor stores.³

The DLL must not approve additional packaged liquor outlets in an area unless satisfied that existing licensed premises cannot meet local requirements.⁴ As a result, applications for a new packaged liquor outlet in an area must provide evidence to satisfy the DLL that any existing premises cannot meet local requirements.

If the proposed premises has a retail area dedicated to the sale of packaged liquor which is larger than 400m², the DLL cannot approve the grant or removal application if there is an existing premises:

• located within 5km by road if in the metropolitan area, or 12km in regional WA; and
• which has a retail area for the sale of packaged liquor larger than 400m².

The application for the grant or removal of a licence must be accompanied by floor plans for each building which clearly show the use of each room, including areas dedicated to the sale of packaged liquor, and any on-site consumption.⁵

Restrictions on altering or redefining an existing packaged liquor premises

DLL permission must be sought before certain alterations or redefinitions of licensed premises are made,⁶ for example to make the licensed premises larger.

If it is proposed that the premises associated with the licence for a hotel,⁷ tavern or liquor store is going to be altered or redefined so that the retail area for packaged liquor would increase to more than 400m², outlet density in the local area must be considered. The DLL cannot approve the proposed alteration if there is an existing premises selling packaged liquor with a retail area larger than 400m² within 5km by road if in the metropolitan area, or 12km in regional WA.⁸

DLL powers to impose and vary conditions on licence

Note that the DLL has extensive powers to impose conditions on any licence, and may impose, vary, or cancel conditions which are in addition to the requirements of the LC Act.

Additional guidance

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

Disclaimer

The factsheet 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 s3(1)
2. LC Act s31(1)(b)
3. LC Act s36B(2)(d) allows the LC Regs to prescribe that outlet density be a consideration before certain special facility licences are granted, but to date no regulations have been created
4. LC Act s36B(4)
5. LC Regs r11(1b)(a)
6. LC Act s77
7. If the hotel is authorised to sell packaged liquor.
8. LC Act 77A(3).