Extended Trading Permits for Restaurants to Sell and Supply Liquor Without a Meal
Summary of Changes

To maintain the predominant purpose of a restaurant, that is, the regular supply of meals and to ensure restaurants do not become de-facto bars, the Director’s policy has been updated to include that the following condition will be imposed on the licence:

"Liquor may only be consumed by patrons while seated at a table, or a fixed structure used as a table for the eating of food, and not elsewhere and the sale and supply of liquor to patrons will be restricted to table service by staff of the licensee."

Juveniles – Working/Training on Licensed Premises
Summary of Changes

The Director of Liquor Licensing’s policies "Juveniles Employed or Engaged in the Service of Alcohol on Licensed Premises" and "Juveniles – Work Experience on Licensed Premises" have been combined to form the "Juveniles – Working/Training on Licensed Premises" policy. This policy provides guidance on the legislative provisions relating to juveniles being employed in the service of liquor on licensed premises and juveniles being engaged in work experience on licensed premises.

Juveniles – Present on Licensed Premises for Reasons Other Than Work/Training
Summary of Changes

The Director of Liquor Licensing’s policy “Juvenile Functions” has been expanded and is now titled “Juveniles – Present on Licensed Premises for Reasons Other Than Work/Training.” Along with providing guidance in relation to juvenile functions on licensed premises, this policy now also provides guidance in relation to situations where it is acceptable for juveniles to be on licensed premises (for reasons other than work experience or training).

Mandatory Training
Summary of Changes

This policy has been amended to allow subsequent/secondary approved managers until 30 April 2011 (previously 31 December 2010) to complete the Course in Liquor Licensing.

Special Facility Licence – Foodhall
Summary of Changes

A Special Facility Licence – Foodhall Policy has been developed to provide guidance as to the legislative requirements relating to special facility - foodhall licences and the matters that may be taken into consideration when determining an application for such a licence.

Extended Trading Permits - Long Weekends
Summary of Changes

Changes to 'Extended Trading Hours – Sunday Trading on Long Weekends for Nightclubs, Hotels, Taverns, Small Bars and Special Facility Licences' Policy, July 2010

• Licensees wishing to apply for extended trading must lodge an application for each long weekend (for the following year) by 31 October (was previously 30 November).
• The section on free drinking water has been removed, as this is a condition imposed on all licences under the Liquor Control Act 1988.
• Limit of 4 drinks per person has been removed;
• Container size is now restricted to 750ml except for vessels containing premixed drinks (e.g. RTDs) which shall not exceed 375ml.
• No liquor is to be supplied with energy drinks.

The amended policy applies for the weekends from 1 January 2011 onwards.

Public Interest Assessment

 

Summary of Changes

 

The Public Interest Assessment policy has been amended, in consideration of precedent Liquor Commission decisions.

Details of Changes

• Paragraph added to page 2 to explain, in consideration of precedent Liquor Commission decisions, that the PIA must be supported by objective evidence.
• Paragraph added to page 3 to explain, in consideration of precedent Liquor Commission decisions, that applicants must demonstrate the positive aspects of their application. It is not sufficient to merely demonstrate that the application will not have any negative impact.

Profit Sharing and Management Agreements

 

Summary of Changes

 

The Profit Sharing and Management Agreements policy has been amended to clarify the requirements relating to these types of agreements. In this regard, examples of agreements and arrangements that would be approved, as well as those that would not be approved have been included in the policy. The updated policy is attached.

 

Details of Changes

 

• Paragraph added to explain that an application fee is applicable (in addition to the base fee payable for the approval of a profit sharing or management agreement) for each person who is party to the agreement / arrangement and in relation to whom a police probity check is sought to verify that they are fit and proper.
• Paragraph added to clarify that it is the Licensing Authority’s view that section 104 of the Act is not intended to be a mechanism whereby not-for-profit organizations raise funds through the promotion and sale of liquor.
• Examples of agreements and arrangements that may be approved have been added.
• Examples of agreements and arrangements that would not be approved have been added.
• Paragraph clarifying section 119 of the Act (conduct of a business on or from a licensed premises) has been added.

Manadatory Training

 

Summary of Changes

 

The Mandatory Training policy was amended to list the training providers in alphabetical order, according to the business name registered on the National Training Information Service (NTIS) website. Clubs WA’s new contact details have also been included. The updated policy is attached.

 

Details of Changes

 

• Clubs WA have moved to a new premises. The contact details for Clubs WA have been amended accordingly.
• The approved training providers have been listed in alphabetical order, according to the business name they have registered with the National Training Information Service (NTIS). In this regard, Australian Hotels Association is now listed as ‘WA Hotels and Hospitality Association’ in line with the NTIS website.