Occasional Liquor Licence lodgement guide

Occasional Liquor Licence information and lodgement guide.

Contents

What constitutes a sale

The Liquor Control Act 1988 defines a sale as:

  • Agree or attempt to sell;
  • Offer or expose for the purpose of selling;
  • Send, forward or deliver for sale or on sale;
  • Barter or exchange;
  • Dispose, by lot or chance or by auction;
  • Supply, or offer, agree or attempt to supply;
    • In circumstances in which the supplier derives, or would be likely to derive, a direct or indirect pecuniary benefit; or
    • Gratuitously, but with a view to gaining or maintaining custom or other commercial advantage; or
    • Authorise, direct, cause or permit to be done any act referred to in this definition, and includes, in relation to a club, supply to or 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.

It is an offence to sell liquor without a relevant licence issued under the Act. A conviction for selling liquor without a licence carries a penalty of up to $20,000 per offence.

Examples of a sale

  • Liquor sold or supplied at an event.
  • Liquor supplied at an event where an entry fee is charged to the patron.
  • Where a limousine is hired out and includes liquor as part of the hire cost.

Which entity type are you?

Section 35 of the Act provides for the entity types who may apply for an occasional licence.  An application can be made by-

Natural Person: A natural/individual person may apply for the application if they intend to be solely responsible for the licence including purchasing the liquor themselves and retaining the proceeds.  If you are the approved manager, volunteer or an employee assisting with the application, please refer to the other entity types below as the application must be made in the name of the entity who is ultimately in control and will retain the proceeds from the sale and supply of liquor.

For example, you are an approved manager at a local football club who is responsible for organising a fundraising event on behalf of the club.  All proceeds from the sale and supply of liquor are retained by the club.  In this case the club would be the correct applicant entity.

Partnership: Where two or more entities are responsible for the conduct of the licence and intend to share proceeds from the sale and supply of liquor. Please note, all parties under this category will be jointly and severally liable in respect of any civil or criminal liability that attaches to the licensee.

Body Corporate: A legal entity such as an association, company, government agency, or institution identified by a particular name.

Unincorporated Body: A group or committee of like-minded individuals who are not registered as a legal entity but are instead represented by an individual person. You will be required to nominate a natural person as a trustee to hold the licence on its behalf

Occasional liquor licence categories

There will be seven event categories to select from when completing the application. It is important to select the category which aligns with your event. This will ensure the relevant information is requested.

  • Charter Boats and Raft-ups – Select this category for a one-off licensed event held on a vessel;
  • Event involving Liquor Exhibitors –This category is appropriate when the proposed event includes stall holders/exhibitors seeking to sell and supply liquor;
  • Music Concert/Live Performance – Select this category for events featuring live entertainment such as a concert;
  • Quiz Nights, Fundraisers, Sporting or other small functions – This category is self-explanatory, however it is encouraged for any other small function under 500 patrons;
  • Wetmess Canteen – Select this category to sell and supply liquor at a remote site for workers and their guests; or
  • Other – Any other scenario which does not  fit into the above categories.

 

When applications must be lodged

The time frame required for the licensing authority to process the application before the commencement of the event depends on the number of patrons anticipated to attend.

Lodgement timeframes
Number of patrons at the eventLodge no later than
Up to 500 patrons14 days
Between 501 and 5000 patrons30 days
Over 5001 patrons60 days

If your application is lodged outside of these times you will not be able to proceed without contacting the licensing authority. See exemptions for late applications below.

The purpose of an occasional liquor licence is to allow the applicant to sell and supply liquor at a genuine one-off event that cannot be covered under a permanent liquor licence. The sale of liquor must be ancillary to the purpose of the event. Occasional liquor licences cannot be used to operate a business in place of a permanent licence.

An occasional liquor licence authorises the licensee to sell or supply, or allow the consumption of liquor:
    a)  at such times, and on such occasion, or during such period not exceeding three weeks, as may be specified;
    b)  at such places, and within such designated area as may be specified; and
    c)  subject to terms or conditions as may be specified.

Occasional liquor licence applications must be lodged online via the department’s portal. If you require assistance with the lodgement of your application you can either contact the department on 61 6551 4999 or attend the department’s office and seek assistance from the front counter reception staff. For events being held in regional areas, occasional liquor applications for fewer than 500 persons can be lodged on paper through the local courthouse.

For small occasional events please review the Exemptions to the Liquor Control Act 1988 policy as there are certain instances where the sale or supply of liquor is exempt from the Liquor Control Act 1988 (the Act).

Exemptions for late applications

If an application is deemed late you may not be able to proceed with the online form and you must contact our E-Business section on 61 8 6551 4999 to seek the department’s approval to accept the application. Please have your client reference number and/or username available so that the e-business officers can locate your application. Please note, late applications will generally only be considered if the Department has the ability to assess the application within the afforded timeframe. In addition, providing you with an exemption code does not guarantee a late application will be assessed and determined in time for the event.

Late trading

Trading beyond 12 midnight on Mondays to Saturdays or 10pm on Sundays will generally not be approved unless there are special circumstances. You may be asked to provide further submissions if you indicate that your event will go beyond these hours.

Profit sharing

Will there be another entity obtaining proceeds from the event, such as entry tickets or a percentage of the proceeds from liquor? If yes, please ensure that profit sharing is declared in the application including a description of the profit sharing arrangement and contact details of Profit sharer is required. If another person/entity is receiving proceeds from the sale of liquor, it is important to establish who will be responsible for the licence when choosing the correct entity type.

Door charge

If liquor is inclusive of the ticket/door charge (albeit complimentary), you cannot pre-sell tickets to the event until an occasional liquor licence has been granted. In addition, if another party is receiving proceeds from tickets which include liquor (such as a promoter), the licence should be lodged in partnership which would allow the event organiser to sell liquor included in the ticket price.

Map of defined licensed premises

If the proposed licensed area is outdoors or partly outdoors, a map of the defined licensed area is required to accompany the application. A hand drawn floor plan or existing building plan will suffice including an additional screen shot from google maps or Landgate to illustrate the location. The map must include any nearby buildings or rooms you wish to use, nearby roads and other identifying features, and the location of bar areas within the desired licensed area. Please make sure to highlight the boundary of the licensed area where liquor will be sold, supplied and consumed.

The acceptable formats for uploading maps are:

  • Portable Network Graphics (.png)
  • Joint Photographic Experts Group (.jpg)
  • Graphics Interchange Format (.gif)
  • Portable Document Format (.pdf)

Figure 1 Example of proposed licensed area

Occasional Map

Exhibitors

Depending on the nature of an event, the holder of a permanent liquor licence may be authorised, under an occasional licence, to attend an event to exhibit their own produce. Generally, these type of applications are lodged by the event organiser. The type of permanent liquor licence held by an exhibitor will be taken into consideration when assessing the application and as a general principle, an exhibitor will not be permitted to trade in a manner contrary to their existing licence. Should exhibitors wish to trade in a manner not authorised under their permanent licence, a submission should be lodged demonstrating why the application is in the public interest.

A spreadsheet will be required which should contain a full list of all participating licensed premises/licensees including the liquor licence number and proposed manner of sale and supply i.e. tastings, by the glass, packaged liquor. Please see below for example of approved exhibitor list template.

Exhibitor spreadsheet example

Crowd controllers

The purpose of crowd controllers at occasional licensed events is to manage the number of people within the licensed area as well as usual crowd control requirements. High risk events such as concerts benefit from good crowd controllers as they can make the difference between a well managed event and possible disaster.

The term ‘crowd controllers’ refers exclusively to licensed crowd controllers only. Bar staff or local volunteers offering to manage crowds is not acceptable as crowd controllers under the Security and Related Control Act.

If deemed necessary you may be requested to hire crowd controllers if your event is considered high risk despite the number of patrons.

In this regard, the crowd control requirements will be determined on the merits of the application and the level of risk to the community the premises/events may present. Consideration of such applications and the crowd controller requirements will be subject to the initiatives the applicant proposes to implement to minimise risk.

Crowd controller requirements will be determined on a case-by-case basis depending on the nature of the licensed premises/event and the initiatives proposed by the applicant to mitigate risk. The licensing authority may determine that the security requirements can be met through the use of a combination of: licensed crowd controllers, licensed security officers, approved managers or responsible service of alcohol marshals. However, a minimum number of crowd controllers determined by the licensing authority may be required.

Supervision and management

An approved manager is an authorised person who has been pre-approved by the department to manage licensed venues across Western Australia. It is a requirement under the Act that every occasional licence is supervised by the holder of a restricted or unrestricted manager approval at all times.

The approved manager is not required to be a member of the organisation or company and any person who carries the approved manager ID card may be hired or engaged to manage the sale and supply of liquor at your proposed event. If you are interested in applying for the approved manager ID card please refer to the Approved manager lodgement guide on our website.

Lodgement alternatives

Applications sought in regional areas for a period of up to seven days and where no more than 500 patrons are expected to attend on any one day can be lodged manually through the local court house.

For small occasional events please review the Exemptions to the Liquor Control Act 1988 policy as there are certain instances where the sale or supply of liquor is exempt from the Liquor Control Act 1988 (the Act).

Exemptions to the Liquor Control Act 1988 policy

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the applicationof the Actunder the Liquor Control Regulations 1989(‘the regulations’).

Occasional Liquor Licence fees
Fee description Fee
Up to 250 patrons
$54.50
Between 251 and 500$114.50
Between 501 and 1000 $235
Between 1001 and 5000 $1190.50
Between 5001 and 10000$2384
Over 10,000$4779.50

With respect to an Occasional Liquor Licence application sought for a function or event that takes place over a number of dates, the fee will be calculated based upon the total maximum number of persons expected to be present in the licensed area at any one time over the period. For example: if a function or event runs for 2 days and the maximum number of persons expected to be present in the licensed area at any one time is 300, then the fee will be calculated on an attendance of 600 people in total and will be $235.

In addition to the application fee, new applicants in respect of profit sharing agreements or arrangements will pay an additional $154 fee for each individual who is party to the agreement or arrangement and in relation to whom a background check is sought from the WA Police.

Checklist

Please have the following information available for when you commence lodgement of the occasional application form.

Event details

Trustee details for unincorporated bodies

Events with profit sharing

Events with exhibitors

Wet mess/canteen applications

How to lodge an application

Please refer to the following steps to lodge your application:

  1. Create an account
  2. Complete the liquor licence applicant details form
  3. Complete the liquor licence application form
  4. Make payment

1.  Creating an account

First you must create an account. This account will be used to submit your applications, returns and change your address details.

  • Visit the online portal
  • Select Create Account.
  • Add all required fields and click Register.
    • The username must be in lowercase letters and cannot contain spaces or symbols such as @, !, &.
    • The password must be at least 8 characters long and contain at least 1 number, 1 uppercase and 1 lowercase letters.
  • An email will be sent to the email entered when completing the required fields.
    • Go to your email account and locate the registration email and click on the registration link to complete your account creation.
    • If copying the registration link please ensure you copy and paste the entire link into your internet browser.
  • To complete the account verification, log into your account when prompted by entering your username and password.
  • Click Register to finalise and activate your account.

Once your details have been entered and registered, you will not be required to register your details again. You can amend your details at anytime by logging into your account.

If you experience any issues with the account creation process please contact our department on 61 8 6551 4999.

2. Completing the applicant details

Now that you are set up with an account you can start the application. Whenever you start an application for the first time in a new account it will automatically divert you to an Applicant Details form. This must be completed prior to starting any application types and once created cannot be changed. If you are using an existing account, you will be given an option to skip this form if your contact information has not changed.

  1. In the menu bar at the top of the page click on New Lodgement to locate the online application forms
  2. From the drop down menu select the Group as Liquor and then the Type as Occasional Liquor Licence Application. Click on Submit to start the form.
  3. Complete the Liquor Licence Applicant Details form
    • Ensure you read the Instructions page carefully
    • Please note that if this is a new account you cannot Save this form and return to it at a later date, it must be completed in full and submitted the first time around to properly set up the account. If you have to exit the form for whatever reason you will be required to restart the application to return to this point.
  4. Click on Submit to complete the form. You will then get your Applicant Reference Number. If you need to contact us you can use this number as a reference to assist us with any enquiries.
  5. Click on Continue to proceed through to the Liquor Licence Application form. If you click on continue and it does not automatically start the next form please return to New Lodgement, select the form type again, and choose to skip the Applicant Details form to proceed.

 

New lodgement Occasional Liquor Licence step 2 screenshot

3. Complete the Liquor Licence Applicant Details form

The application form works the same way as the Liquor Licence Applicant Details form, just with different questions. Read through each question carefully and remember to save your form often.

This form is designed to be intuitive, when you answer a question it will change the form to allow you to provide more information. Please be sure to give the pages a few moments to update when you select an option in case it needs to create more fields for you to fill out.

If you do not have the information required at hand you can save your form and return to it later via the My Account page. Clicking on Save will create a link on the My Account page under Saved Forms. You can click on Resume to proceed or Delete to remove the saved form.

It is recommended you keep a copy of the application form for your records. You can only do this prior to submitting the application. Clicking on the PDF button will create a PDF of the application form in its current state for you to save to your computer.
Applicant details continue through to application form screenshot Occasional online form screenshot

Step 4: Making payment

Upon submission of the form click on the Pay Fee button to view the payment options and make payment.

Payment for online lodgement can be made online via BPOINT. To pay via any other method, including BPay, please click the View Quote button. This will generate a quote with payment details and your unique application number.

Please make sure to quote the Application Reference Number when submitting any enquiries or manual documents in relation to this application.

When the fee is paid the date of lodgement will be the date the payment is receipted by the licensing authority. It generally takes 1-2 business days for the fee to register on our system. Please be aware that we will be unable to issue you with an official receipt until the fee has fully registered. When you make payment online you will instead be offered a payment confirmation slip which you can retain as evidence of payment if required.

For a full list of the fees and charges please refer to the fees and charges page.

Permanent online step 4 making payment screenshot

What happens next?

Once your application is submitted successfully, if further information is required, a Customer Service Officer will contact you, otherwise you will be advised of the outcome of your application via email in due course.

Related policy

Charter boats policy

This policy provides guidance as to the legislative and operational requirements associated with the sale, supply and consumption of liquor on commercial charter boats.

Exemptions to the Liquor Control Act 1988 policy

This document provides guidance on the specific circumstances whereby the sale, supply and consumption of liquor is exempt from the applicationof the Actunder the Liquor Control Regulations 1989(‘the regulations’).

Mandatory training policy

Guidance for mandatory training

Occasional liquor licence policy

Guidance for occasional liquor licences.

Responsible promotion and advertising of liquor

This document provides the industry with a framework of practices to follow in the responsible promotion and advertising of liquor.

Temporary bars policy

Guidance on Temporary Bar Licences.

Page reviewed 05 June 2019