After more than a year waiting in the wings, new laws regarding packaged/take-away liquor suddenly came into effect on Saturday 2 November 2019.
The new laws involve a two-pronged test and affect hotel, tavern, liquor store and special facility licences.
The laws apply to applications for new licences, applications to relocate an existing licence to a new location and applications for existing premises to be extended, redeveloped or refurbished.
Firstly, there is a new initial threshold hurdle that proponents must get over, to even be eligible to make an application. The new laws prohibit any additional packaged liquor outlet with a retail section of 400m2 or larger from being within 5km (by road) of an existing retail section of 400m2 or larger in the metropolitan area, or within 12km (by road) in the country.
The 400m2 area in question does not relate to the entirety of the premises but rather the area where packaged liquor is displayed for the purpose of take-away sale. Therefore, storage areas are excluded from the 400m2 area.
Applicants with proposals for new licences involving a retail area less than 400m2, that are not prohibited from applying, will now need to satisfy an additional “needs” test as well as the public interest test in order to be considered for approval. This means that applicants will have to prove that existing retail liquor services in the surrounding area cannot meet local consumer requirements for packaged/take-away.
This needs test sees a return to a similar test that existed prior to 2007 when new liquor store licence applications were especially complex and objections were common.
Applications in respect of affected licence types are now more complicated under the new regime. Evidence and submissions specifically addressing the new laws will be required. In the last three weeks the licensing authority has been requesting such additional evidence and submissions from applicants with a pending application in the system which has not yet been decided.
The new laws could well see a return of licensee objections as a regular occurrence.
Annual licence fees must be paid by 1 January 2020. If you have not received an invoice, you should still take steps to make payment by that date. Penalties can apply for late payment and non payment can result in more serious consequences.
Free samples are common in the liquor and hospitality industry, but is there a minimum or maximum volume associated with liquor tasting samples? – YES. Maximum quantities are prescribed by the Liquor Control Regulations 1989 (WA) as follows:
Spirits: 15ml Wine: 50ml Beer: 100ml
Earlier this year a licensee was the subject of a Police complaint to the Director of Liquor Licensing alleging the following:
Three driving under suspension offences
A conviction for using an unlicensed vehicle
A conviction for contravening a traffic signal
An assault on someone at the licensed premises
Hostile and offensive behaviour towards Police at the licensed premises
The Commission recently handed down its decision finding that it was not persuaded, in the circumstances, that the licensee should be ruled not fit and proper to be licensee. However, the Commission did find that disciplinary action should be imposed and made orders that the licensee do the following:
Pay a fine of $3,000
Undertake an anger management course
The Commission added that “the respondent is also on notice than any further breaches under the Act will be viewed gravely by the Commission and without pre-empting matters, there would be a strong likelihood that the Commission, if satisfied that there were further grounds for disciplinary action, would impose the penalty advocated by the Police in this matter”.
The published decision can be accessed here.
The State Government has said that new planning and environmental reforms will be introduced to “protect Western Australia’s entertainment areas…and support the State’s music industry”.
The reforms are apparently intended to address expectations of residents and the hospitality, event and music industries in regard to noise from entertainment and hospitality businesses, particularly as the population grows and higher density living develops.
The reforms include proposed changes to noise regulations.
Particular areas may be designated as “special entertainment precincts” and then be potentially subject to different requirements regarding noise and other related factors.
The draft reforms are open for public comment until 14 February 2020. Access further information and the opportunity to contribute your opinion here.
The office of the Director of Liquor Licensing will be closed over Christmas and New Year, from 5pm Tuesday 24 December 2019 to 8.30am on Thursday 2 January 2020.
Most licensees are restricted as to when they can trade on Christmas Day and many licences are subject to a condition prohibiting any trading on Christmas Day.
Some licences authorise additional trading hours for New Year’s Day.
Licensees should check the conditions of their licence and seek advice if unsure. Additional hours can be beneficial but infringements can be issued for trading outside approved hours.
CLICK HERE TO READ THE HOSPITIALITY MESSENGER PDF
