There appears to be a continuing focus by the WA Police on compliance with licensing laws, regulations and policies.
We understand that infringement notices are being issued for minor technical breaches of the Act that may have previously been dealt with by way of a warning.
Even experienced licensees have reported increased visits by Police.
Licensees should bear in mind that whilst payment of an infringement notice is not considered to be an admission of guilt, it can give rise to proper cause for disciplinary action pursuant to the liquor legislation.
The issue of infringement notices can also be used in support of a show cause notice which can potentially trigger conditions or restrictions being imposed on a licence.
Some of the common breaches include the following:
We consistently receive enquiries from people who want to start an online liquor store without having to maintain physical premises.
There is a type of special facility licence that authorises wine produced in WA to be sold online.
However, there is no category of licence in the WA liquor legislation that expressly authorises a full packaged liquor service online.
Although such a concept is not expressly prohibited, the licensing authority requires an applicant for a liquor store licence to maintain physical premises that are open to the general public.
The Department of Local Government, Sport and Cultural Industries has introduced a system enabling applications for permanent liquor licences and extended trading permits to be lodged online via a new portal within which information can be inputted and documents downloaded.
According to the Department’s website:
“Online lodgement automatically creates a record of an application assisting processing time. Applicants can track the progress of their application online, pay outstanding fees and check their payment history.”
Applications will be accepted in hard copy, over the counter and by email, for the foreseeable future.
We have been assisting the licensing authority work through a few teething problems with the new system.
The Australian Government’s national authority on measurement, the National Measurement Institute, has announced plans to audit pubs around the country stating that it “…will focus on the sale of beer and prescribed spirits in licensed premises to ensure consumer (sic) are receiving correct measure.”
Licensees are reminded to make sure their standard pours are on point!
The State Government has asked for expressions of interest in relation to the hospitality spaces within the new WA Museum. Construction is due to be completed in late 2019, with an opening in 2020.
The main food and beverage tenancy is a 400m2 space on the first floor of the heritage listed Jubilee building. According to the expression of interest document, the space includes:“140sqm of external terrace space overlooking the James Street mall and the bustle of Beaufort and James Street intersection to the Perth Cultural Precinct.”
Access the expression of interest document here.
For our clients we have recently been successful in a Supreme Court appeal and obtaining various new licences, including two contested liquor store licences, ETPs and approvals to alter existing premises.
Lavan’s Liquor, Hospitality and Events Team recently attended the annual Clubs WA Industry Awards for Excellence at Crown. Lavan has proudly been a sponsor of Clubs WA and has acted on its behalf and that of many of its members, for 50 years!
Congratulations to all clubs that won awards on the night!
