Liquor Licensing Act 1988 - 03-00-00 - Western Australian Legislation

Western Australia Liquor Licensing Act 1988 Reprint 3: The Act as at 23 April 2004
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[pic] Endnotes, Compilation table, and Table of provisions that have
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2. The information in the reprint is current on the date shown as
the date as at which the Act is reprinted. That date is not the date
when the reprint was published by the State Law Publisher and it is
probably not the date when the most recent amendment had effect. | | |Reprinted under |
| | |the Reprints Act |
| | |1984 as |
| | |at 23 April 2004 |
Western Australia Liquor Licensing Act 1988 CONTENTS
Part 1 - Preliminary
1. Short title 2
2. Commencement 2
3. Interpretation 2
4. Storage of liquor on licensed and approved premises etc. 13
5. Objects of the Act 14
6. Act not to apply in certain cases 15 Part 2 - The licensing authority
Division 1 - The licensing authority
7. Constitution of the licensing authority 17
Division 2 - The Liquor Licensing Court
8. Establishment and constitution of the Liquor Licensing Court 18
9. Appointment of the Judge of the Liquor Licensing Court 18
Division 3 - The Director of Liquor Licensing
13. The Director 19
14. Staff 21
Division 4 - Other staff of the licensing authority
15. Delegation and authorisation by the Director 21
Division 5 - Proceedings before the licensing authority
16. Procedure 22
17. Representation 26
18. Powers with respect to witnesses and evidence 27
19. Enforcement of orders 28
20. Contempt etc. 28
21. Costs 30
22. Rules of Court 31
23. Proof of authority and indemnity 31
Division 6 - Reference to the Court, review and appeals
24. Director may refer matters to the Court 32
25. Application for review of a decision by the Director 32
26. Decision of Director to be given effect unless otherwise directed 34
27. Case stated on question of law 34
28. Appeals 34
29. Licence or permit continues to have effect pending appeal 35
Division 7 - Division of responsibility between the Court and the
Director
30. Division of responsibilities 36 Part 3 - Licences and permits
Division 1 - General matters
30A. Licensing authority may grant licences to sell liquor 37
30B. Power of attorney does not empower donee to act for licensee
under this Act 37
31. Licences, generally 37
32. Duration of licences 39
33. Discretion vested in licensing authority 40
34. Restrictions on certain applications 42
35. Persons who may hold licences 44
35A. Trustees 44
35B. Approval of person as manager 44
36. Limitation on dual licensing of premises 45
36A. Petrol stations in some areas not to be granted licences 46
37. Requirements relating to licences and permits, generally 47
37A. Director to be informed of convictions 50
Division 2 - Category A licences
38. Requirements for the grant or removal of a Category A licence 50
39. Certificate of local government 53
40. Certificate of local planning authority 53
41. Hotel licences 54
42. Cabaret licences 56
43. Requirements relating to a cabaret licence 57
44. Casino liquor licences 57
45. Requirements relating to a casino liquor licence 58
46. Special facility licences 59
47. Liquor store licences 60
Division 3 - Category B licences
48. Club or club restricted licences 61
49. Requirements relating to a club licence 65
50. Restaurant licences 67
51. Liquor in unlicensed restaurants 68
52. Liquor sold or consumed ancillary to a meal, and evidentiary matters
69
53. Conditions on authorisation for sale ancillary to a meal 70
55. Producer's licences 71
56. Evidence as to production of liquor 72
57. Requirements relating to a producer's licence 72
58. Wholesaler's licences 73
59. Occasional licences 74
Division 4 - Permits
60. Extended trading permits 76
61. Requirements relating to permits for an extended area 81
Division 5 - Conditional grants or approvals
62. Conditional grants or removals for uncompleted premises 82
62A. Conditional grants pending local authority approvals etc. 85
62B. Conditional approvals pending local authority approvals etc. 85
Division 6 - Conditions, generally
63. Restriction on power to vary terms fixed or conditions imposed by the
Act 86
64. Power of licensing authority to impose, vary or cancel conditions 87
65. Conditions relating to sales for consumption off the licensed
premises 90
65A. Petrol station not to be established on premises from which
packaged liquor is sold 92
Division 7 - Applications
66. Plans and specifications 92
67. Advertisement of applications 93
68. Notice of application, and inspection of records 95
69. Disposal of applications, and interventions generally 96
70. Intervention by persons interested in a club licence 100
71. The affected area 101
72. Requirement for consent of an owner or lessor, and objections by an
owner, lessor, lessee or mortgagee 102
73. The general right of objection 104
74. The general grounds of objection 106
75. Application for an occasional licence 108
76. Applications for extended trading permits 109
77. Applications for alteration, or redefinition, of licensed premises
110
Division 8 - Removals
78. Casino liquor licences not removable 112
79. Applications for variation or removal of licences relating to
transport may be made informally 113
80. Temporary removal or redefinition 113
81. Applications for removal 114
Division 9 - Transfers
82. Transfer of a licence 115
82A. Transfer of licence between licence holders 116
83. Certain licences not transferable 116
84. Applications for approval to a transfer 117
85. Transferee to succeed to certain of transferor's liabilities and
rights 119
Division 10 - Interim authorisations and protection orders
86. Interim authorisations to carry on business 120
87. Protection orders 123
88. Effect of a protection order 126
89. Disputes as to leases 127
Division 11 - Suspensions
90. Application for suspension of a licence or permit 127
91. Suspension on ground of public order or safety 128
92. Suspension where business not carried on 128
92A. Cancellation of suspension 128
93. Cancellation of suspended licences 129
Division 12 - Surrenders
94. Surrender of licences 130
Division 13 - Disciplinary matters
95. Disciplinary action 131
96. Disciplinary powers 135 Part 4 - The conduct of business
Division 1 - Hours of trading
97. Permitted hours of trading 138
Division 2 - Maintenance of the premises
99. Obligation to keep clean and in repair, and directions to make
alterations or provide facilities, services etc. 143
Division 3 - Supervision and management
100. Supervision and management 144
101. Responsibility of man