Amendments to the Liquor Control Regulations: Making it easier to drink?

Very recent amendments to the Liquor Control Regulations exempt a number of circumstances from the application of the Liquor Control Act 1988.  Although the amendments appear to amount to concessions and a step in the direction of deregulation, those persons who believe they are affected, who seek to sell, supply or consume liquor where no licence is involved, will need to ensure they fall squarely within the exemptions.  If they do not comply they will become liable under the Act.   Exemptions will only apply on a strict basis precisely as set out in the new provisions.

The sale and supply of liquor is now exempt from the Act where liquor is sold or supplied ancillary to the purpose of a small function.  This exemption only applies in narrowly defined circumstances:

• where the total number of people attending the function does not exceed 100 and the duration of the function is limited to two hours; or
  
  
• where the total number of attendees does not exceed 75 and the service of liquor is limited to four hours. 

In addition such functions cannot start before 6am and must finish prior to 10pm.

The amendments have also authorised the consumption of BYO liquor in certain circumstances that was not previously allowed.  For example, venues that facilitate continuous live entertainment may now allow patrons to consume their own liquor at the venue provided the capacity of the venue does not exceed 200 people.

Other notable changes to the Regulations include:

1. Businesses now being able to supply a customer with a maximum of two standard drinks for consumption on the premises, or up to one litre of takeaway packaged liquor for consumption off the premises, provided it is ancillary to the purpose of the customer’s attendance at the business and the liquor is supplied gratuitously.  This concession will result in the business being deemed to be ‘regulated premises’ which means the supplier has the responsibilities of a licensee.
   
   
2. Authorising the consumption of BYO liquor in some small charter vehicles.
   
   
3. Allowing non-licensees to organise functions on licensed premises without obtaining a licence in their own right, provided any profit sharing arrangements are approved.

Subsequent snapshots will address some of the other new exemption provisions.

For more information, please contact:
Dan Mossenson                                           Alec Weston
Partner                                                       Solicitor
(08) 9288 6769                                           (08) 9288 6873
dan.mossenson@lavanlegal.com.au              alec.weston@lavanlegal.com.au