On 20 November 2015 a range of amendments to the Liquor Control Act 1988 (WA) (Act) came into effect.
The notable changes are as follows:
- An application for a licence can now be filed with the licensing authority without a section 40 certificate from the local planning authority at the time of lodgement. However, an unconditional section 40 certificate will be required before an application can be determined. In the interim, processing of the application can commence. This amendment has reduced some of the red tape.
- Sections 98 and 98A of the Act were amended regarding Sunday trading. Hotel licence types became authorised to trade until midnight on Sundays and nightclubs until 2am the following Monday morning. However, if an existing licence stipulates a specific closing time on the licence for Sundays, the amendment will not apply automatically and will require an application to be made to vary the licence.
- Secondary supply laws came into effect which make it an offence for liquor to be supplied to a juvenile on unlicensed premises without the consent of the juvenile’s parent or guardian.
The Act continues to be subject to review and with the new Labour government recently coming into power further amendments seem likely in the future.
Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.
