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Purpose

This document explains what special facility licences (SFLs) are, then sets out the specific requirements for each type of SFL.

Who this policy applies to

This policy applies to anyone who intends to sell and supply alcohol for a purpose not covered by any other liquor licence. In this case, they may apply for an SFL¹ so long as their application meets a purpose prescribed in the Liquor Control Regulations 1989 (LC Regs).²

Operational requirements

The Liquor Control Act 1988 (the LC Act) allows the Director of Liquor Licensing (DLL) to grant SFLs for certain prescribed purposes. An applicant for a SFL must demonstrate how the licence meets one of the prescribed purposes for which an SFL may be granted.³

The DLL may not grant an SFL if the licensing function the applicant is seeking could be achieved by:

• granting or varying a licence of another class
• imposing, varying or cancelling a condition on a licence of another class
• issuing an extended trading permit in respect of another class of licence.⁴

An SFL will be granted with conditions to ensure it is only used for the purpose for which it was granted,⁵ and the licensee is authorised to sell alcohol in accordance with those conditions.⁶

Applications for an SFL licence will not be granted unless the DLL is satisfied that the alcohol will be sold in a place or premises suitable for the purpose.⁷

The DLL cannot grant a special facility licence if the applicant was seeking one of the following:

• the grant or variation of a different type of licence
• the change of a condition imposed on a different type of licence (that is, the imposition, variation or cancellation of one)
• the issue of an extended trading permit for a licence of another class

but was unable to get it because an approval, consent or exemption required under another written law could not be obtained.⁸

The following information applies to all SFL categories.

An SFL can be granted for a specific period and when that period ends, the licence expires. An SFL can also expire if the DLL determines that it is no longer necessary and sends the licensee a written notice specifying an expiry date.⁹

The DLL is not to vary an SFL, or impose, vary or cancel a condition on it if the proposed variation could be achieved by:

• granting or varying a different type of licence, with or without the issue of an extended trading permit; or
• imposing, varying or cancelling a condition on a different type of licence.

This restriction on the DLL varying an SFL applies whether or not an application was made for an alteration of the SFL or the conditions on it.¹⁰

If the DLL does not grant or vary an SFL, the DLL may, with the agreement of the applicant, consider the application as an application for either:

• the grant or variation of a licence of another class, with or without the issue of an extended trading permit or
• the imposition, variation or cancellation of a condition on a licence of another class.¹¹

The DLL may cancel an SFL, either as their own decision or on application of the licensee. In respect to the premises to which the SFL was granted, the DLL may of their own decision or on application of the licensee, grant to the licensee another class of licence and issue an extended trading permit to that licensee.¹²

If the DLL proposes to cancel an SFL and grant another class of licence, the DLL is to give the licensee a notice outlining the rationale for the proposal and is to give the licensee reasonable opportunity to make submissions in relation to it.¹³

The SFL will specify the hours during which the licensee is authorised to sell alcohol.¹⁴

In addition to the obligations on the specific SFL, these licenses are subject to additional legislative requirements. Some of these requirements may include the need for a harm minimisation plan, approved managers, mandatory training of staff, availability of free drinking water and the maintenance of an incident register. Additional conditions may also be imposed on the licences.

Special facility licence categories 

• Works canteen
• Transport
• Tourism
• Education and training institution
• Education and training course
• Sports arena
• Foodhall
• Catering
• Bed and breakfast facility
• Room service restaurant
• Liquor auction
• Online wine sales
• Amusement venue.

Works canteen

A works canteen SFL is granted for the purposes of allowing the licensee to sell alcohol at a works canteen, or at other specified premises, to workers and their guests during the permitted trading hours.¹⁵ A works canteen is a canteen located on or near the place where the project is being completed or the business is carried out, catering for the needs of the workers.¹⁶

A worker is a person working on a specific project or working for a specified business.¹⁷

A works canteen SFL may permit the sale of packaged alcohol, however it is intended that this will only apply to those premises located in remote areas, which are not in close proximity to licensed premises which are authorised to sell packaged alcohol.¹⁸ Applicants intending to sell packaged alcohol need to lodge a submission demonstrating why the sale of packaged alcohol is in the public interest.¹⁹

Works canteens in closed sites in Banned Drinker Areas are exempt from the requirements to operate the Banned Drinkers Register onsite. There is no requirement to check the Banned Drinkers Register when selling packaged alcohol as works canteen SFLs are specifically excluded from the areas in which the Banned Drinkers Register operates.

Outside of permitted trading hours, the holder of a works canteen SFL may sell packaged alcohol to a worker. Limits on the quantity of alcohol and the alcohol content that may be sold may also be imposed on an SFL.

The alcohol sold outside of permitted hours must only be sold to a specified person in the SFL and be of a quantity that might be reasonably consumed by that person on the day it is sold.²⁰

Transport

A transport SFL may be granted for the purpose of allowing the sale of alcohol to passengers and their guests at an airport, railway station, bus station, seaport, or on a train, bus, ship or vehicle.²¹

A transport SFL may also permit the sale of alcohol at another place of business of the licensee if the sale is related to a booking for travel on the transport and if the alcohol is to be supplied on the transport that was booked.²² For example, patrons may be able to purchase a drinks package as part of their charter booking, where the booking takes place at a booking office.

Charter Boats

Charter boat operators that sell and supply alcohol to patrons on an ongoing basis are required to have a permanent liquor licence. In this case, the DLL may grant a transport special facility licence.²³

These licences may be subject to a number of conditions imposed on the licence by the DLL.²⁴

Conditions on a transport SFL granted to a charter boat may include:

• specified trading hours²⁵ during which the licensee is authorised to sell and supply alcohol on the licensed premises to passengers attending a pre-booked event
• that sale and supply of alcohol may commence 30 minutes before departure and for 30 minutes after the return of the vessel to its mooring position
• where a vessel cannot leave its mooring due to closure of the cruising area for a special occasion, sale and supply may commence 30 minutes before the function onboard the vessel, during the function while in its mooring position and for 30 minutes after the function²⁶
• sale of packaged alcohol for consumption off the premises is prohibited
• an approved manager must be on board the vessel at any time alcohol is available for sale, supply and consumption — note that where the approved manager is the captain of the vessel, another approved manager needs to be present to monitor the sale, supply and consumption of alcohol.

The charter boat will be considered a licenced premises and is subject to standards of premises requirements.

In some cases, an applicant may intend to sell and supply alcohol at a one-off event on a charter boat and will require an occasional licence. For more information, please refer to the Occasional licence policy. 

Tourism

A tourism SFL is granted for the sale of alcohol to persons at a place that, in the opinion of the DLL, is or will become an attraction for tourists or that enhances the State’s tourist industry.²⁷

A tourist is defined as a person who is staying at least 40 kilometres from their usual place of residence for a period of at least one night, and who is intending to stay away from their usual place of residence for less than 12 months for the purposes of a holiday or for leisure, business, visiting friends or relatives or for any other reason. A tourist is not a person who is travelling on a regular journey between his or her usual place of residence and his or her place of work or education.²⁸

Outside of permitted trading hours, the holder of a tourism SFL may, if they have the authority to do so, sell packaged alcohol to a lodger²⁹ or a specified³⁰ class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by the person on the day it is sold. This applies even when the sale of alcohol to any other person not specified would not be permitted by the SFL.³¹

A licensee with a tourism SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).³² If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an SFL, or separately at a later time.

Education and training institution

An education and training institution SFL may be granted for the purpose of allowing the sale of alcohol at a vocational education and training (VET) institution³³ or a higher education institution to students and staff of the institution and their guests.³⁴

A VET institution includes a secondary school if the relevant course or training conducted by the school is considered vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).³⁵

Education and training course

An education and training course SFL may be granted for the purpose of allowing the sale of alcohol by:

• a VET or higher education institution for tasting by students for the purposes of a course or training conducted by the institution in which the students are enrolled or
• students enrolled in a course or training conducted by a VET or higher education institution, if the alcohol is sold or supplied for the purposes of the course.³⁶

An education and training course SFL may be granted for the purpose of tasting by students only if the tasting is supervised at all times, is part of the course or training assessments for which the student is enrolled and the students are aged 16 years or older.³⁷

An education and training course SFL may be granted for the purpose of allowing the sale and supply of alcohol produced as part of an approved viticulture course.³⁸ The licensee must ensure:

• the alcohol is sold or supplied only during a special event³⁹ and in an area approved by the DLL
• the alcohol is sold or supplied only by persons who are at least 16 years of age, and in the case of persons under 18 years of age, under the supervision of a responsible adult
• the sale or supply of alcohol to a person other than a liquor merchant must be limited to the supply of 30ml free samples for consumption on the grounds of the institution and for packaged alcohol, the provision of not more than 9 litres to any person and in any transaction
• the sale or supply of alcohol to a liquor merchant must be limited as above or must be approved by the DLL.⁴⁰

For the purposes of this SFL category, an approved viticulture course refers to:

• that from the Food Processing Industry Training Package (Wine Sector) leading to a qualification recognised under the Australian Qualifications Framework; or
• a higher education course relating to viticulture.⁴¹

Sports arena

A sports arena SFL is granted for the purpose of allowing the sale of alcohol at a sports arena (being premises primarily used for playing and viewing sport) to persons playing or viewing sports, or attending any other event, at the arena.⁴²

Foodhall

A foodhall SFL may be granted for the purposes of sale of alcohol at a foodhall to customers of the foodhall for consumption ancillary to a meal.⁴³

The DLL considers that a foodhall consists of at least four stalls which sell meals for consumption in a common dining area. A foodhall is generally considered to be a common dining area within a facility such as a shopping centre, market etc, consisting of a number of stalls or vendors selling a selection of food.

While a licensed stall in a foodhall is not necessarily required to sell food, the licensee must ensure that the alcohol is only provided ancillary to a meal to be consumed in the common dining area. Therefore, it is the licensee’s responsibility to establish whether patrons have, or intend to consume, a meal. It is also the licensee’s responsibility to effectively manage the consumption area that relates to the licence (generally the common seated area) in accordance with their responsibilities under the Act.

A meal is defined as food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food, that is of sufficient substance as to be ordinarily accepted as a meal and that may consist of one or more courses, but does not include any food prescribed not to be a meal.⁴⁴

Catering

A catering SFL may be granted to a bona fide caterer to authorise the sale of alcohol at a function on an agreed premises where they are engaged to provide alcohol (with or without food) for consumption on the specified premises.⁴⁵

A caterer is a person who carries on a food business as defined in the Food Act 2008⁴⁶ and handles or sells food for consumption at functions.⁴⁷ When considering an application for a catering SFL, the DLL must be satisfied that the premises on which the catering business is conducted are of a sufficient standard.⁴⁸ Businesses involved in the handling of food will be subject to the requirements of the Food Safety Standard 3.2.2 and may also be subject to separate licensing requirements as set out in the Health Act 1911, Food Act 2008, and local government local laws. Applicants need to be aware of their obligations under each of these laws.

If the holder of a catering SFL is providing alcohol at functions where less than 200 people are present, they do not need to notify the DLL. However, where they are engaged to sell or supply alcohol at a function where more than 200 persons are expected to be in the licensed area at a given time, they are required to apply for a variation of their licence conditions.

Applications for a variation of licence conditions must be lodged with the DLL, at any time where the anticipated number of persons in the licensed area at a given time changes as follows:

• not greater than 500 persons — no less than 14 days prior to the event
• greater than 500 but not greater than 5000 — no less than 60 days prior to the event
• greater than 5000 persons — no less than 90 days prior to the event.⁴⁹

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their licence, and must provide the following information:

• the date of the event, including start and finish times
• a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
• details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
• details of the person engaging the licensee and organising the event
• an application for approval for any profit sharing arrangement between the licensee and another entity⁵⁰
• confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

An application fee will not be charged to vary the licence in these circumstances.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

The applicant must satisfy the DLL that it is carrying on a food business for events that have been organised by an unrelated third party.

The following conditions will normally be imposed to ensure that the licensee is carrying out a catering business:

• where the licensee does not have its own facilities, details of the commercial kitchen the licensee will have access to will be included on the licence
• a person who engages a licensee as a caterer to supply liquor at a function must not be in a related body corporate of the licensee.

Bed and breakfast facility

A bed and breakfast facility SFL is granted for the purpose of allowing the sale of alcohol at a bed and breakfast facility to persons staying at the facility.⁵¹

Room service restaurant

A room service restaurant SFL may be granted for the purpose of allowing the sale or alcohol at or from a room service restaurant.

A room service restaurant provides room service to persons staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).⁵²

Alcohol can be sold to customers for consumption with meals eaten in the room service restaurant. This SFL also allows the sale of packaged alcohol supplied from the restaurant as room service to the accommodation serviced by the restaurant, with or without a meal.⁵³

A room service restaurant SFL may also be granted for the purpose of allowing the sale of alcohol to customers at the room service restaurant, with or without a meal being eaten in the restaurant if the alcohol is consumed at the restaurant during the permitted hours by customers sitting at a table. In addition, the sale and consumption of alcohol must be in accordance with any conditions imposed by the DLL.

Outside of permitted trading hours, the holder of a room service restaurant SFL may, if they have the authority to do so, sell packaged alcohol to a lodger⁵⁴ or a specified⁵⁵ class of person. The alcohol sold must only be of a quantity that might be reasonably consumed by that person on the day it is sold.⁵⁶

Liquor auction

An auction SFL may be granted for the purposes of allowing the sale by auction of packaged alcohol at premises specified in the licence.⁵⁷

This SFL may permit the supply of samples of the packaged alcohol that is to be auctioned for tasting.⁵⁸ A licensee with an auction SFL is allowed to store alcohol away from the licensed premises at an offsite storage facility (for example in a warehouse).⁵⁹ If a licensee wishes to have access to an off-site storage facility they must apply for it, either on their initial application for an auction SFL, or separately at a later time.

Online wine sales

An online wine sales SFL may be granted for the purposes of allowing the online sale of wine from premises specified in the SFL in sealed containers for consumption off the licensed premises.⁶⁰

The licensee will only be able to sell wine that has been produced by holders of a producer’s licence and that has been ordered via a website maintained by the licensee for the purposes of online wine sales.⁶¹

All orders must be accepted by the licensee whilst at the licensed premises.⁶² The licensed premises is the place at which the licensee processes their sales, for example a home office.

A licensee with an online wine sales SFL is allowed to store alcohol away from the licensed premises at an off-site storage facility if necessary (for example in a warehouse).⁶³ If they wish to do so, they must seek the DLL approval of the off-site storage facility.

Wine sold online must be dispatched from either the licensed premises⁶⁴ or the approved off-site storage facility noting that the off-site storage facility must not be licensed premises in relation to any other licence.⁶⁵

Orders must not be dispatched to a juvenile,⁶⁶ so licensees must ensure that the courier engaged to deliver the alcohol understands and will follow this requirement. Orders must be dispatched to the delivery address nominated by the purchaser or to a post office, parcel depot or similar for collection by the purchaser or a nominee of the purchaser.⁶⁷

Dispatch and delivery of alcohol can only take place between the hours of 7am and 7pm (excluding Christmas and Good Friday and between 12 noon and 7pm on Anzac Day).⁶⁸.

The licensee is not permitted to invite or admit prospective purchasers of the alcohol to the licensed premises of the approved off-site storage facility where the alcohol is stored.⁶⁹

The licensee must include on their website a notice warning that it is an offence to sell or supply alcohol to a person under the age of 18 years, and it is an offence for a person under the age of 18 years to attempt to purchase alcohol.⁷⁰ Further information on this can be found on the Mandatory website information factsheet.

Amusement venue

An amusement venue SFL may be granted for the purpose of allowing the sale of alcohol at to persons in an amusement venue.⁷¹ An amusement venue is a premises whose primary purpose is to allow people to play or view snooker, bowling, electronic games or similar amusements, or to participate in or view karaoke.⁷²

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 Regs r9A
2. LC Act s46(1)
3. LC Act s46(2)(b)
4. LC Act s46(2)
5. LC Act s46(3)
6. LC Act s46(4)
7. LC Act s37(1)(e)
8. LC Act s46(1a)
9. LC Act s32(3). Note that the Liquor Commission can order that the SFL does not expire on the date the DLL specified
10. LC Act s46A(1)
11. LC Act s46B(1)
12. LC Act s46B(2)
13. LC Act s46B(3)
14. LC Act s98C
15. LC Regs r9A(1) and LC Act s98C
16. LC Regs r9A(3)
17. LC Regs r9A(3)
18. LC Regs r9A (2)
19. LC Act s38(2)
20. LC Act s46 (5)
21. LC Regs r9A (6)
22. LC Regs r9A (7A)
23. Liquor Control Regulations 1989 (LC Regs) r9A (6)
24. Liquor Control Act 1988 (LC Act) s46 (3)
25. LC Act s98C
26. This condition will be subject to approval of the relevant local authority
27. LC Regs r9A(7)
28. LC Regs r9A(9)
29. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
30. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
31. LC Act s46(5)
32. LC Act s4(6), LC Regs 5C(a)(i)
33. LC Regs r3A defines vocational education and training institution as a college or other vocational education and training institution established under the Vocational Education and Training Act 1996
34. LC Regs r9A(10)
35. LC Regs r9A(10e)(b)
36. LC Regs r9A(10a)
37. LC Regs r9A(10b)
38.  LC Regs r9A(10c)
39. LC Regs r9A(10e)(b) — such as a graduation ceremony, speech night or annual open day for the institution or any other related event approved by the DLL
40. LC Regs r9A(10d)
41. LC Regs r9A(10e)
42. LC Regs r9A(11)
43. LC Regs r9A(12)
44. LC Act s3
45. LC Regs r9A(13)
46. Food Act 2008 s10
47. LC Regs r9A(14A)
48. LC Act s33(7)
49. LC Act s64(1BA) and LC Regs 10B
50. LC Act s104
51. LC Regs r9A(14)
52. LC Regs r9A(17)
53. LC Regs r9A(15)
54. LC Act s3(1) defines lodger as a person residing, whether casually or permanently, on the premises
55. LC Regs r9A(3) defines specified as specified in the licence for the purposes of this regulation
56. LC Act s46(5)
57. LC Regs r9A(22)
58. LC Regs r9A(23)
59. LC Act s4(6), LC Regs 5C(a)(ii)
60. LC Regs r9A(24)
61. LC Regs r9A(25)(a),(b)(i)
62. LC Regs r9A(25)(b)(ii)
63. LC Act s4(6), LC Regs 5C(a)(iii)
64. LC Regs r9A(25)(c)(i)
65. LC Regs r9A(25)(c)(ii)
66. LC Regs r9A(25)(d)
67. LC Regs r9A(25)(d)
68. LC Regs r9A(25)(e)
69. LC Regs r9A(25)(f)
70. LC Act s113A, LC Regs 18EA(3)
71. LC Regs r9A(18)
72. LC Regs r9A(19).

Approval

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