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Effective date: 13 November 2007 Last amended: 15 March 2021
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
Section 33(7) of the Liquor Control Act 1988 (the Act) requires that where the licensing authority is to determine whether any premises are of a sufficient standard or suitable for the proper conduct of the business:
must be taken as relevant and amongst the matters to which consideration should be given.
Furthermore, section 37 of the Act also emphasises the importance of the suitability of the premises by requiring that the licensing authority shall not grant an application for a licence unless it is satisfied that the premises to which the application relates are of a sufficient standard and suitable for the conduct of the business.
This document also provides guidance as to the legislative requirements and criteria that will be used when considering the suitability of premises to be licensed under the Act.
The aim of this policy, and the associated legislative requirements, is to ensure that liquor licensed premises are designed and constructed to support good public safety outcomes.
The potential need for requirements above the National Construction Code and Public Health Act reflect the differences the consumption of alcohol in ‘public’ places can make to the achievement of good safety outcomes for patrons and the community more generally.
The following general criteria will be used to determine whether or not premises should be licensed:
This policy is designed to focus on meeting sought outcomes, and a range of materials and technologies will be considered in determining compliance with this policy. Nevertheless, guidance is provided on the types of materials or designs that are more likely to be deemed acceptable to allow applicants to more easily understand the policy.
Unless otherwise authorised, plans are required to conform with regulation 11 of the Liquor Control Regulations 1989 (the Regulations). In particular, floor plans are to be on at least A3 size paper or larger, and drawn to a scale of 1:100.
Plans may also be lodged electronically in PDF on a disc or via email at: plans@dlgsc.wa.gov.au. If lodging plans via email, please include in the subject line the name of the applicant and proposed name of the premises.
Electronically submitted plans must show:
All finishes in licensed premises are to be of commercial quality and capable of withstanding the wear and tear expected in premises of this nature. Construction of bar counters, benches and fixtures of a like nature are to be from materials suitable for the purpose. Generally this will require a minimum of galvanised tubular steel framework with facings of a waterproof nature.
Particle or chipboard is specifically prohibited. However, marine ply or HMR board or materials of a similar nature are permitted in most circumstances, provided they are covered with a commercial surface finish in situations where it is exposed to view, i.e. servery tops, sleeve rails, etc. Work surfaces subject to high levels of liquor spillage (e.g. bar counter work surfaces and draining boards) are to be stainless steel. Where concrete is permitted as a finish, the concrete used is to be of high density and be treated with a hardening process to render it acid resistant, waterproof and non-absorbent. It is to be steel trowelled to a smooth finish.
All kitchens, food preparation and associated areas and bar serveries are subject to the Food Safety Standard 3.2.2 and the requirements of the local health authority. Further information is available at www.foodstandards.gov.au
Applicants are also advised to contact their local authority to ensure that proposed toilet facilities comply with that authority’s requirements in addition to these requirements (such as disabled and ambulatory requirements).
Nightclubs, clubs (including restricted clubs) and entertainment/function areas of licences of any other class, are required to comply with the provisions of the Health (Public Buildings) Regulations 1992 (as amended).
Areas of licensed premises where entertainment is provided by way of live bands or recorded amplified music presented by a DJ, must also comply with the following requirements:
Ablution facilities at licensed venues must be maintained at a hygienic standard, particularly when they:
These standards should be maintained even at the busiest trading times, as this is often when complaints are lodged.
Therefore, as a matter of policy, the following standards are identified as guidance for best practice:
Section 99(1) provides that every licence is subject to the condition that the licensee:
Subsection (2) provides that where the Director is of the opinion that the licensee has failed to comply with a condition referred to in subsection (1), the Director may, by notice in writing, require:
to take specified action, carry out specified works, or provide specified things.
In respect of section 99 and taking into consideration the above, work orders may be imposed after an inspection by department inspectors, if the licensee has failed to maintain the licensed premises.