Fact Sheet: Section 64 Kimberley liquor restrictions

Fact Sheet: Section 64 Kimberley liquor restrictions

Background

On March 16, 2009 the Director of Liquor Licensing announced a number of restrictions on the sale and supply of takeaway liquor (i.e. packaged liquor) in the area of Western Australia north of 20° south, under section 64 of the Liquor Control Act 1988.

The restrictions were introduced to help address the level of alcohol-related harm that is prevalent in the Kimberley region.

Below are the restrictions and how they will affect licensees and the general public.

The wording of the restrictions

As from and including 30 March 2009, each relevant licence that authorises the sale of packaged liquor is subject to a condition that the licence does not authorise the sale of packaged liquor:

  1. in an individual container that contains more than one litre of relevant liquor; or
  2. in an individual glass container that contains more than 400 millilitres of beer, except –
  3. to a liquor merchant; or
  4. with the written permission of the Director.

For the purpose of (a), "relevant liquor" means a substance intended for human consumption that at 20° C contains more than six percent ethanol by volume.

For the purpose of these conditions, "relevant licence" means any licence granted before or after this decision for premises situated north of latitude 20° south.

If a term has a meaning in the Act, it has the same meaning in this decision, unless the contrary intention appears in this decision.

A condition that is applicable to a relevant licence and that is imposed by this decision is in addition to any other condition or requirement to which the licence is subject.

If there is an inconsistency between a condition that is applicable to a relevant licence and that is imposed by this decision, and any other condition to which the licence is subject under the Act, the condition that is more onerous for the licensee prevails.

What does it mean?

The following restrictions will apply to liquor licences located in areas of the State north of 20° south:

  • The sale of packaged liquor (with an alcohol content of more than six percent) in individual containers of more than one litre is prohibited. This includes spirits and two-litre cask wine.
  • The sale of all packaged beer in individual glass containers of more than 400 millilitres is prohibited. This includes so-called "king brown" bottles.

The restrictions only apply to the sale and supply of liquor in the above containers – it is not illegal for people to possess liquor in these sized containers.

This decision does not impact on the public’s ability to purchase cartons/blocks/kegs of beer, or 750ml bottles of wine or spirits.

Disclaimer: The information provided in this fact sheet is general in nature – for full details, call the Department of Racing, Gaming and Liquor on 08 9425 8888. For a copy of the Director’s decision, visit www.rgl.wa.gov.au

Last updated: 01/02/2010 17:21:52 PM