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Western Australia act
This law sets out a detailed system for licensing, regulating and enforcing the sale, supply and consumption of liquor. It defines many licence classes, application and transfer rules, fees, record‑keeping obligations, penalties, and enforcement tools (suspension, cancellation, business continuity orders, prohibition/banned‑drinker orders and exclusion orders). It affects licensees, occupiers, managers, employees, police, the Director and the Liquor Commission — who decide, collect fees/penalties and enforce compliance — and matters to businesses and individuals that sell, serve or consume alcohol.
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Direct links to the current provisions in Liquor Licensing Act 1988.
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
3A. Term used: drunk 14
Storing and receiving liquor for licensed premises at other premises; records to be kept 15
Objects of Act 15
Act not to apply in certain cases 17
Part 2 — The licensing authority
Division 1 — The licensing authority
Division 2 — The Liquor Commission
Commission established 20
Jurisdiction of Commission 20
9A. Constitution of Commission 20
Division 2A — Members of the Commission
9B. Commission members 21
9C. Tenure of office 21
9D. Deputy chairperson 21
9E. Removal or resignation 22
9F. Leave of absence 22
9G. Member whose term has expired may continue in office 23
9H. Remuneration and conditions of office 23
Division 2B — Other matters
9I. Decisions of Commission to be written etc. 23
9J. Seal of Commission 24
9K. Annual reports by Commission 24
9L. Laying annual report before House of Parliament not sitting 25
9M. Protection and immunity of members, parties etc. 26
Division 3 — The Director of Liquor Licensing
Functions of and hearings by Director 26
Inspectors etc., appointment of etc. 28
Division 4 — Other staff of the licensing authority
Division 5 — Proceedings before the licensing authority
Procedure, sittings, use of experts, evidentiary rules etc. 29
Representation of parties 33
Witnesses and evidence, powers to summon etc. 34
18AA. Notice of decision 35
18A. Enforcing decisions 36
Enforcing monetary penalties 36
Contempt etc. 37
Costs 38
Rules of Commission 39
Proof of process; protection from personal liability 40
Division 6 — Reference to the Commission, review and appeals
Director may refer matters to Commission 40
Review of Director’s decisions 41
25A. Commission may refer application for review to State Administrative Tribunal 45
Some Director’s decisions have effect despite application to review 46
Question of law, Commission may state to Supreme Court 46
Appeals against Commission’s decisions 46
Licence or permit continues to have effect pending appeal 48
Division 7 — Confidential police information
Part 3 — Licences and permits
Division 1 — General matters
30A. Licences to sell liquor, grant and nature of 52
30B. Power of attorney does not empower donee to act for licensee under this Act 52
Licences, generally 53
Duration of licences 54
Powers of licensing authority when deciding applications 56
Refusal of certain applications 58
Persons who may hold licences 60
35A. Trustees for unincorporated bodies 61
36A. Applications to be refused: sale of packaged liquor from metropolitan petrol stations 62
36B. Restrictions on grant or removal of certain licences authorising sale of packaged liquor 63
37A. Duty to inform Director of conviction 68
37B. Fingerprints of applicants for, and holders of, licences and approvals 68
37C. Register of licensed premises 70
Division 2 — Licences
Certain applications to be refused unless in the public interest 70
Certificate of local government as to whether premises comply with laws 72
Certificate of planning authority as to whether use of premises complies with planning laws 73
Hotel licence, kinds, conditions and effect of 74
41A. Effect and conditions of small bar licence 77
41B. Small bar licence may be granted as alternative to tavern restricted licence 77
Nightclub licence: effect and conditions 78
Nightclub licence, pre-requisites for grant of 79
Casino liquor licence: effect and conditions 79
Casino liquor licence, pre-requisites for grant of 80
Special facility licence, pre-requisites for grant of 81
46A. Special facility licence, restrictions on varying 83
46B. Alternatives to granting or varying special facility licences 83
Liquor store licence, effect of 84
Club licence, kinds, conditions and effect of 85
Club licence: requirements 89
Restaurant licence, effect and conditions of 90
50A. Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant 92
Unlicensed restaurants: offences 92
Extended trading permit authorising liquor ancillary to meals 93
Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals 94
Producer’s licence: effect 95
Presumption of production of liquor 96
Producer’s licence, pre-requisites for grant of 97
Wholesaler’s licence: effect and conditions 98
Occasional licence: effect, conditions and requirements 99
59A. Additional authorisations relating to supply and sale of liquor on licensed premises 102
Division 4 — Permits
Extended trading permits: purposes, effect and conditions 103
Extended trading permit for extended area (s. 60(4)(h)), pre‑requisites for grant of 108
61A. Extended trading permit for sale of liquor (s. 60(4)(ia)) 109
Division 5 — Conditional grants or approvals
62A. Conditional grants or removal of licenses: pending local government or planning authority certificates 114
62B. Conditional approval: satisfaction of matters under s. 77(5) 114
Division 6 — Conditions, generally
Limit on power to vary or cancel certain terms and conditions 115
Imposing, varying and cancelling conditions 116
Conditions relating to sale and delivery of packaged liquor or liquor for consumption off licensed premises 121
65A. Petrol station not to be established on premises from which packaged liquor is sold 123
65B. Promoting liquor, regulations may prescribe conditions about 124
Division 7 — Applications
Plans and specifications of premises, requirements as to 124
Advertisement of applications 125
Form, manner, notice and public inspection of applications 125
Advertising, referring, investigating and intervening in applications 127
Club licence applications, intervening in 132
Owner etc. of premises, when consent of required; right of owner, lessee etc. to object 132
72A. Submissions generally 133
Objecting to applications, general right and rules as to 134
Objecting to applications, grounds for etc. 136
Occasional licence, applications for 138
Extended trading permit, applications for 138
No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises 139
77A. Restrictions on alteration or redefinition of certain packaged liquor premises 142
Division 8 — Removals
Casino liquor licence not removable without authority 143
Licence relating to transport, when removable 143
Temporary removal or redefinition of licence 144
Applications for removal of licence 145
Division 9 — Transfers
82A. Transfer of licence between licence holders 147
Certain licences not transferable 147
Pre-requisites for transfer of licence 148
Transferee to succeed to certain of transferor’s liabilities and rights 150
Division 10 — Interim authorisations and business continuity orders
Interim authorisations to carry on business under licence 151
Grant and term of business continuity orders 154
Effect of business continuity orders 157
Disputes about terms of leases 158
Division 11 — Suspensions
Suspension of licence or permit in the public interest 159
Suspension because business has ceased etc. 159
92A. Cancellation of suspension 160
Division 12 — Surrenders
Division 13 — Disciplinary matters
Grounds and procedure for disciplinary action against licensees 162
Powers to take disciplinary action 167
Part 4 — The conduct of business
Division 1 — Hours of trading
Permitted hours generally 170
Hotel licence: permitted hours 170
98AA. Small bar licence: permitted hours 171
98A. Nightclub licence: permitted hours 171
98B. Casino liquor licence: permitted hours 172
98C. Special facility licence: permitted hours 172
98D. Liquor store licence: permitted hours 172
98E. Club licence and club restricted licence: permitted hours 173
98F. Restaurant licence: permitted hours 174
98G. Producer’s licence: permitted hours 175
98H. Wholesaler’s licence: permitted hours 175
Division 2 — Maintenance of the premises
Division 3 — Supervision and management
Subdivision 1 — Licensed premises to be supervised and managed
Licensee’s duties 177
Liability of managers and others 180
Subdivision 2 — Approval of managers
102A. Terms used 181
102B. Applications for and granting approvals 181
102C. Conditions on manager’s approval 182
102D. Duration of manager’s approval 182
102E. Renewal of manager’s approval 182
102F. Disciplinary action against approved managers 183
102G. Approval may be cancelled on request 184
Subdivision 3 — General matters
Unapproved management or control of incorporated licensee 184
Owners of licensed premises to notify Director of certain matters 185
Division 3A — Responsible practices in selling, supplying and serving liquor
103AA. Register of responsible practices’ training 186
103A. Regulations about training people in responsible practices 186
Division 4 — Profit sharing
Division 5 — Lodgers
Persons taken to be lodgers of licensed premises 189
Conditions applying to liquor supplied to lodgers 190
Division 6 — The sale and consumption of liquor, etc.
109A. Offence to carry liquor in excess of prescribed quantity in prescribed area of State 193
Licensed premises and sports arenas: offences 194
Trading outside permitted hours: offences 198
Exceptions to s. 109, 110 and 111 199
Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor 201
113A. Information required on licensees’ websites 201
Closure of licensed premises by police 202
Drunk, disruptive and other persons 203
115AA. Commissioner of Police may bar people from licensed premises 207
115AB. Delegation by Commissioner of Police 209
115AC. Publication and disclosure of details of people barred under barring notices 209
115ACA. Barring notice must be registered in banned drinkers register 212
115AD. Review of decision to give barring notice 212
115AE. Permitting entry to premises contrary to barring notice 213
115A. Drinking water to be provided free at certain licensed premises 214
116A. Register of incidents at licensed premises to be maintained 216
Division 7 — Complaints to Director
Division 8 — Liquor on unlicensed premises
Persons purporting to be licensee 221
Unlicensed premises: offences 222
Division 8A — Conduct of unapproved businesses on or from licensed premises
119A. Approval required to conduct non‑liquor business on or from licensed premises 225
Division 9 — Juveniles
When juveniles permitted on licensed premises 226
Juveniles on licensed premises: offences 228
122A. Supplying juveniles with alcohol on unlicensed premises 233
Juveniles on regulated premises: offences 233
Possession or consumption of liquor by juveniles: offences 236
Sending juvenile to obtain liquor: offence 236
Defences to offences under this Division 237
Suspected juveniles: evidence of age and removal from premises 238
126A. Entertainment for juveniles on licensed premises, application for approval of 241
126B. Entertainment for juveniles on licensed premises, approval of 242
Division 10 — Miscellaneous
126C. Crowd controllers to be authorised when removing persons from licensed premises 243
126D. Undesirable liquor products: declaration and offence 243
126E. Special events, operation of Act may be modified for 245
Part 5 — Financial provisions
Division 1 — Licence fees
Payment of licence fees 246
Regulations about licence fees 246
Division 3 — Power of Commission with respect to moneys due
Division 4 — Records and returns
Requirement to keep records of liquor transactions 248
Information to be given to Director in returns 249
Division 5 — Recovery of illegal gains
Division 6 — Information
Director’s power to obtain information 251
Use of information, Director’s powers as to 251
Director’s right of access to premises and records 252
Licensing authority may assist other authorities 252
Confidentiality of information 252
Part 5A — Prohibition orders
152A. Terms used 254
152B. Commissioner of Police may apply for prohibition orders 254
152C. Evidence in support of s. 152B application 255
152D. Notice of s. 152B application etc. to be given to relevant person 255
152E. Director may make prohibition orders 256
152F. Term of prohibition orders 257
152G. Applications to vary or revoke prohibition orders 257
152H. Evidence in support of s. 152G application 258
152I. Notice of s. 152G application etc. to be given to respondent 258
152J. Director may vary or revoke prohibition orders 258
152K. Service, publication and disclosure of prohibition orders 259
152KA. Prohibition order must be registered in banned drinkers register 262
152L. Failing to comply with prohibition orders 262
152M. Permitting entry to premises contrary to prohibition order 263
152NA. Relationship with Criminal Organisations Control Act 2012 263
Part 5AA — Protected entertainment precincts
Division 1 — Preliminary
152NB. Object of Part 264
152NC. Terms used 264
Division 2 — Short‑term exclusion orders
152ND. Police officer may make short‑term exclusion order 266
152NE. Provisions in relation to short‑term exclusion orders 267
152NF. Variation or revocation of short‑term exclusion order 268
152NG. Automatic revocation of short‑term exclusion order if extended exclusion order comes into effect 270
152NH. Review of short‑term exclusion order 270
152NI. Commissioner of Police to issue guidelines 272
Division 3 — Extended exclusion orders
152NJ. Commissioner of Police may apply for extended exclusion order 273
152NK. Evidence in support of application for extended exclusion order 273
152NL. Notice of application for extended exclusion order must be served on subject person 274
152NM. Director may make extended exclusion order 275
152NN. Provisions in relation to extended exclusion orders 277
152NO. Application for variation or revocation of extended exclusion order 278
152NP. Evidence in support of application for variation or revocation 278
152NQ. Notice of application for variation or revocation must be given to extended exclusion order respondent 279
152NR. Director may vary or revoke extended exclusion order on application 279
152NS. Director may vary or revoke extended exclusion order on own initiative 280
152NT. Effect of variation or revocation 282
Division 4 — General provisions about exclusion orders
152NU. Effect of changes to protected entertainment precincts on exclusion orders 282
152NV. Exclusion order applies at all times unless varied 283
152NW. Form of exclusion order 283
152NX. Exclusion order must be served and explained 284
152NY. Duration of exclusion order 285
152NZ. Term of extended exclusion order extended by period in custody 285
152NZA. Correcting mistakes in exclusion order 286
152NZB. Reasons for decisions and notice of right of review 286
152NZC. Publication and disclosure of information about exclusion orders 287
152NZD. Offence of further disclosing information about exclusion orders 289
152NZE. Relationship with Criminal Organisations Control Act 2012 290
152NZF. Orders not affected by other orders under Act 290
152NZG. Delegation by Commissioner of Police 291
152NZH. Decisions of Commission on review 291
Division 5 — Offences
152NZI. Offence of failing to comply with exclusion order 293
152NZJ. Excluded offender must not enter or remain in protected entertainment precinct 294
152NZK. Defences for s. 152NZI and 152NZJ 296
152NZL. Permitting person subject to exclusion order or excluded offender to enter premises 299
152NZM. Police officer may require person to give personal details in certain circumstances 301
Division 6 — Miscellaneous
Subdivision 1 — Other notices
152NZN. Notice must be given to excluded offender 302
152NZO. Protected entertainment precincts must be advertised and notified 303
Subdivision 2 — Service of documents
152NZP. Terms used 304
152NZQ. Service of exclusion orders and other documents 305
152NZR. Time when document served 307
152NZS. Proof of service of document 308
Subdivision 3 — Other matters
152NZT. Publication and disclosure of information about excluded offenders 309
152NZU. Offence of further disclosing information about excluded offenders 311
152NZV. Monitoring by Parliamentary Commissioner 312
Part 5B — Liquor restricted premises
152N. Terms used 314
152O. Liquor on restricted premises: offence 314
152P. Declaration of liquor restricted premises 315
152Q. Liquor restriction declarations, power to make 316
152R. Service etc. of liquor restriction declarations 317
152S. Notice of liquor restriction declaration to be displayed at premises 318
152T. Duration of liquor restriction declarations 319
152U. Varying liquor restriction declarations 319
152V. Revoking liquor restriction declarations 321
152W. Applications generally 322
152X. Decisions under Part 5B not subject to review under s. 25 322
Part 5C — Banned drinkers
Division 1 — Preliminary
152Y. Terms used 323
152YA. Who is a banned drinker 324
152YB. What is a banned drinker order 324
152YC. When banned drinker order, or extension or revocation of banned drinker order, takes effect 326
Division 2 — Banned drinker orders made by police officers
152YD. First police BDO, second police BDO and subsequent police BDO 326
152YE. Police officer may make banned drinker order 327
152YF. Police officer may make second police BDO or subsequent police BDO 328
152YG. Period of banned drinker order 328
152YH. Notice and registration of banned drinker order 329
152YI. Police officer may require person to give personal details 329
152YJ. Revocation of banned drinker order 330
152YK. Decision to revoke banned drinker order 331
Division 3 — Banned drinker order made on person’s request
152YL. Person may ask for self‑imposed banned drinker order 332
152YM. Director must make self‑imposed banned drinker order 333
152YN. Period of self‑imposed banned drinker order 333
152YO. Notice of decision and registration of self‑imposed banned drinker order 334
152YP. Revocation of self‑imposed banned drinker order 334
Division 4 — Banned drinker order made on application of certain professionals
152YQ. Application for banned drinker order 335
152YR. Director may make banned drinker order 336
152YS. Period of banned drinker order 337
152YT. Notice of decision and registration of banned drinker order 337
152YU. Director may extend banned drinker order 338
152YV. Police officer may extend banned drinker order 340
152YW. Revocation of banned drinker order 342
152YX. Decision to revoke banned drinker order 343
Division 5 — Other provisions about banned drinker orders
152YY. Review of decisions 344
152YZ. Decision of Commission on review 346
Division 6 — Offences
152Z. When packaged liquor is sold, or authorised by licence to be sold, in banned drinker area 347
152ZA. Offence of knowingly selling packaged liquor to banned drinker 347
152ZB. Offence of supplying packaged liquor to banned drinker 348
Division 7 — Disclosure and use of information
152ZC. Disclosure of information about banned drinker order or banned drinker 349
152ZD. Restriction on use or disclosure of information 350
152ZE. Protection for disclosure in good faith 350
Division 8 — Miscellaneous
152ZF. Condition relating to sale of packaged liquor in banned drinker areas 351
152ZG. Banned drinker order or written notice may be given electronically 352
152ZH. Director must keep banned drinkers register 352
152ZI. Director must establish ID system 353
152ZJ. Offence to use or disclose information obtained from banned drinkers register or using ID system 354
152ZK. Delegation by Commissioner of Police 355
Part 6 — Enforcement
Examination and reporting by authorised officers 356
Powers of authorised officers 357
Powers of police to enter premises and seize liquor etc. 359
Functions of local governments 362
Evasion of licence fees or other money: offence 362
Failing to comply with licensing authority’s requirements etc., offence 363
False or misleading statements or records: offence 363
Power to obtain information 364
Search warrants 365
Separate offences and continuing offences 368
Presumption of sale of liquor 368
Offences by bodies corporate and partnerships 369
164A. Liability of officers for offence by body corporate 371
Licensees liable for acts of employees and agents 371
General penalty 372
Infringement notices 373
Institution of prosecutions 375
Prosecutions, hearing of and limitation periods for 376
Evidentiary provisions as to proof of certain facts 376
Accomplices and evidence 378
Proof of certain matters 379
172A. Forfeiture of liquor etc. on conviction or payment of modified penalty 385
Part 7 — General
Pending review etc. not to affect liability 386
Service of documents 386
174A. Criminal and Found Property Disposal Act 2006, application of 387
174B. Liquor accords: authorisation for purposes of Competition and Consumer Act 2010 and Competition Code 387
Regulations 387
Transitional provisions 391
Review of Act 391
Schedule 1 — Transitional provisions
Terms used 392
Continuing effect of convictions, forfeitures etc. 393
Proceedings part heard, rules of court, and appointments under repealed Act 393
Fees 395
Continuing effect of conditions, delineated or designated areas, approvals etc. 396
Conversion of licences generally 397
Hotel licences 399
Limited hotel licences 399
Tavern licences 399
Obligatory trading hours relating to hotel licences 399
Winehouse licences and Australian wine licences 400
Casino liquor licences 401
Cabaret licences 401
Restaurant licences 401
Restaurant facilities on premises formerly licensed as a hotel, tavern, limited hotel, or winehouse 402
Store licences 403
Vigneron’s licences and brewer’s licences 403
Wholesale licences 404
Club licences and unlicensed club permits 404
Certain licences to become special facility licences 406
Caterer’s permit 407
Exempted producers etc. 407
Certain licences may become special facility licences 408
References in other written laws 408
Schedule 1A — Transitional provisions relating to the Liquor and Gaming Legislation Amendment Act 2006
Terms used 409
Liquor Licensing Court 409
Liquor Licensing Court judge 410
Pending cases stated and appeals to Supreme Court 410
Pending applications and matters 410
Licences granted and permits issued by Liquor Licensing Court 411
Cabaret licences 411
Courses of training and assessments 412
References to Liquor Licensing Court and Liquor Licensing Court judge 412
Transitional regulations 412
Schedule 1B — Transitional provisions relating to the Liquor Control Amendment Act 2010
Terms used 414
Current managers taken to be licensed 414
Duration of transitioned approvals 414
Current applications 415
Schedule 1C — Transitional provisions relating to the Liquor Control Amendment Act 2018
Application of s. 36B to existing applications for grant or removal of licence 416
Small bar licences 416
Certain restaurant licences: no fee for application for extended trading permit under section 60(4)(ca) 416
Application of s. 77A to existing applications for alteration or redefinition of licensed premises 417
Schedule 1D — Transitional provisions relating to the Liquor Control Amendment (Protected Entertainment Precincts) Act 2022
Terms used 418
Application of s. 115AC to existing notices 418
Application of s. 152K to existing prohibition orders 418
Short‑term exclusion orders 419
Extended exclusion orders 419
Excluded offenders 419
Schedule 1E — Transitional provisions relating to Liquor Control Amendment (Banned Drinkers Register) Act 2023
Application of s. 115ACA to existing barring notices 420
Application of s. 152KA to existing prohibition orders 420
Existing circumstances for police officer making banned drinker order under s. 152YE 420
Schedule 1F — Transitional provisions relating to Liquor Control Amendment Act 2025
Terms used 421
New licence provisions apply to existing licences 421
New permit provisions apply to existing permits 421
Protection orders are business continuity orders 422
New permitted hours apply to existing licences 422
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Liquor Control Act 1988
Western Australia
Liquor Control Act 1988
Contents
Part 1 — Preliminary
Short title 2
Commencement 2
Terms used 2
3A. Term used: drunk 14
Storing and receiving liquor for licensed premises at other premises; records to be kept 15
Objects of Act 15
Act not to apply in certain cases 17
Part 2 — The licensing authority
Division 1 — The licensing authority
Division 2 — The Liquor Commission
Commission established 20
Jurisdiction of Commission 20
9A. Constitution of Commission 20
Division 2A — Members of the Commission
9B. Commission members 21
9C. Tenure of office 21
9D. Deputy chairperson 21
9E. Removal or resignation 22
9F. Leave of absence 22
9G. Member whose term has expired may continue in office 23
9H. Remuneration and conditions of office 23
Division 2B — Other matters
9I. Decisions of Commission to be written etc. 23
9J. Seal of Commission 24
9K. Annual reports by Commission 24
9L. Laying annual report before House of Parliament not sitting 25
9M. Protection and immunity of members, parties etc. 26
Division 3 — The Director of Liquor Licensing
Functions of and hearings by Director 26
Inspectors etc., appointment of etc. 28
Division 4 — Other staff of the licensing authority
Division 5 — Proceedings before the licensing authority
Procedure, sittings, use of experts, evidentiary rules etc. 29
Representation of parties 33
Witnesses and evidence, powers to summon etc. 34
18AA. Notice of decision 35
18A. Enforcing decisions 36
Enforcing monetary penalties 36
Contempt etc. 37
Costs 38
Rules of Commission 39
Proof of process; protection from personal liability 40
Division 6 — Reference to the Commission, review and appeals
Director may refer matters to Commission 40
Review of Director’s decisions 41
25A. Commission may refer application for review to State Administrative Tribunal 45
Some Director’s decisions have effect despite application to review 46
Question of law, Commission may state to Supreme Court 46
Appeals against Commission’s decisions 46
Licence or permit continues to have effect pending appeal 48
Division 7 — Confidential police information
Part 3 — Licences and permits
Division 1 — General matters
30A. Licences to sell liquor, grant and nature of 52
30B. Power of attorney does not empower donee to act for licensee under this Act 52
Licences, generally 53
Duration of licences 54
Powers of licensing authority when deciding applications 56
Refusal of certain applications 58
Persons who may hold licences 60
35A. Trustees for unincorporated bodies 61
36A. Applications to be refused: sale of packaged liquor from metropolitan petrol stations 62
36B. Restrictions on grant or removal of certain licences authorising sale of packaged liquor 63
37A. Duty to inform Director of conviction 68
37B. Fingerprints of applicants for, and holders of, licences and approvals 68
37C. Register of licensed premises 70
Division 2 — Licences
Certain applications to be refused unless in the public interest 70
Certificate of local government as to whether premises comply with laws 72
Certificate of planning authority as to whether use of premises complies with planning laws 73
Hotel licence, kinds, conditions and effect of 74
41A. Effect and conditions of small bar licence 77
41B. Small bar licence may be granted as alternative to tavern restricted licence 77
Nightclub licence: effect and conditions 78
Nightclub licence, pre-requisites for grant of 79
Casino liquor licence: effect and conditions 79
Casino liquor licence, pre-requisites for grant of 80
Special facility licence, pre-requisites for grant of 81
46A. Special facility licence, restrictions on varying 83
46B. Alternatives to granting or varying special facility licences 83
Liquor store licence, effect of 84
Club licence, kinds, conditions and effect of 85
Club licence: requirements 89
Restaurant licence, effect and conditions of 90
50A. Issue of extended trading permit under s. 60(4)(ca) for certain restaurant licences at time of grant 92
Unlicensed restaurants: offences 92
Extended trading permit authorising liquor ancillary to meals 93
Restaurant licence and extended trading permit, effect of may be restricted as to selling liquor with meals 94
Producer’s licence: effect 95
Presumption of production of liquor 96
Producer’s licence, pre-requisites for grant of 97
Wholesaler’s licence: effect and conditions 98
Occasional licence: effect, conditions and requirements 99
59A. Additional authorisations relating to supply and sale of liquor on licensed premises 102
Division 4 — Permits
Extended trading permits: purposes, effect and conditions 103
Extended trading permit for extended area (s. 60(4)(h)), pre‑requisites for grant of 108
61A. Extended trading permit for sale of liquor (s. 60(4)(ia)) 109
Division 5 — Conditional grants or approvals
62A. Conditional grants or removal of licenses: pending local government or planning authority certificates 114
62B. Conditional approval: satisfaction of matters under s. 77(5) 114
Division 6 — Conditions, generally
Limit on power to vary or cancel certain terms and conditions 115
Imposing, varying and cancelling conditions 116
Conditions relating to sale and delivery of packaged liquor or liquor for consumption off licensed premises 121
65A. Petrol station not to be established on premises from which packaged liquor is sold 123
65B. Promoting liquor, regulations may prescribe conditions about 124
Division 7 — Applications
Plans and specifications of premises, requirements as to 124
Advertisement of applications 125
Form, manner, notice and public inspection of applications 125
Advertising, referring, investigating and intervening in applications 127
Club licence applications, intervening in 132
Owner etc. of premises, when consent of required; right of owner, lessee etc. to object 132
72A. Submissions generally 133
Objecting to applications, general right and rules as to 134
Objecting to applications, grounds for etc. 136
Occasional licence, applications for 138
Extended trading permit, applications for 138
No alteration of licensed premises without approval; application for approvals of alterations or redefinition of premises 139
77A. Restrictions on alteration or redefinition of certain packaged liquor premises 142
Division 8 — Removals
Casino liquor licence not removable without authority 143
Licence relating to transport, when removable 143
Temporary removal or redefinition of licence 144
Applications for removal of licence 145
Division 9 — Transfers
82A. Transfer of licence between licence holders 147
Certain licences not transferable 147
Pre-requisites for transfer of licence 148
Transferee to succeed to certain of transferor’s liabilities and rights 150
Division 10 — Interim authorisations and business continuity orders
Interim authorisations to carry on business under licence 151
Grant and term of business continuity orders 154
Effect of business continuity orders 157
Disputes about terms of leases 158
Division 11 — Suspensions
Suspension of licence or permit in the public interest 159
Suspension because business has ceased etc. 159
92A. Cancellation of suspension 160
Division 12 — Surrenders
Division 13 — Disciplinary matters
Grounds and procedure for disciplinary action against licensees 162
Powers to take disciplinary action 167
Part 4 — The conduct of business
Division 1 — Hours of trading
Permitted hours generally 170
Hotel licence: permitted hours 170
98AA. Small bar licence: permitted hours 171
98A. Nightclub licence: permitted hours 171
98B. Casino liquor licence: permitted hours 172
98C. Special facility licence: permitted hours 172
98D. Liquor store licence: permitted hours 172
98E. Club licence and club restricted licence: permitted hours 173
98F. Restaurant licence: permitted hours 174
98G. Producer’s licence: permitted hours 175
98H. Wholesaler’s licence: permitted hours 175
Division 2 — Maintenance of the premises
Division 3 — Supervision and management
Subdivision 1 — Licensed premises to be supervised and managed
Licensee’s duties 177
Liability of managers and others 180
Subdivision 2 — Approval of managers
102A. Terms used 181
102B. Applications for and granting approvals 181
102C. Conditions on manager’s approval 182
102D. Duration of manager’s approval 182
102E. Renewal of manager’s approval 182
102F. Disciplinary action against approved managers 183
102G. Approval may be cancelled on request 184
Subdivision 3 — General matters
Unapproved management or control of incorporated licensee 184
Owners of licensed premises to notify Director of certain matters 185
Division 3A — Responsible practices in selling, supplying and serving liquor
103AA. Register of responsible practices’ training 186
103A. Regulations about training people in responsible practices 186
Division 4 — Profit sharing
Division 5 — Lodgers
Persons taken to be lodgers of licensed premises 189
Conditions applying to liquor supplied to lodgers 190
Division 6 — The sale and consumption of liquor, etc.
109A. Offence to carry liquor in excess of prescribed quantity in prescribed area of State 193
Licensed premises and sports arenas: offences 194
Trading outside permitted hours: offences 198
Exceptions to s. 109, 110 and 111 199
Offence under s. 109, 110 or 111, finding as to unlawful dealing in liquor; forfeiture of liquor 201
113A. Information required on licensees’ websites 201
Closure of licensed premises by police 202
Drunk, disruptive and other persons 203
115AA. Commissioner of Police may bar people from licensed premises 207
115AB. Delegation by Commissioner of Police 209
115AC. Publication and disclosure of details of people barred under barring notices 209
115ACA. Barring notice must be registered in banned drinkers register 212
115AD. Review of decision to give barring notice 212
115AE. Permitting entry to premises contrary to barring notice 213
115A. Drinking water to be provided free at certain licensed premises 214
116A. Register of incidents at licensed premises to be maintained 216
Division 7 — Complaints to Director
Division 8 — Liquor on unlicensed premises
Persons purporting to be licensee 221
Unlicensed premises: offences 222
Division 8A — Conduct of unapproved businesses on or from licensed premises
119A. Approval required to conduct non‑liquor business on or from licensed premises 225
Division 9 — Juveniles
When juveniles permitted on licensed premises 226
Juveniles on licensed premises: offences 228
122A. Supplying juveniles with alcohol on unlicensed premises 233
Juveniles on regulated premises: offences 233
Possession or consumption of liquor by juveniles: offences 236
Sending juvenile to obtain liquor: offence 236
Defences to offences under this Division 237
Suspected juveniles: evidence of age and removal from premises 238
126A. Entertainment for juveniles on licensed premises, application for approval of 241
126B. Entertainment for juveniles on licensed premises, approval of 242
Division 10 — Miscellaneous
126C. Crowd controllers to be authorised when removing persons from licensed premises 243
126D. Undesirable liquor products: declaration and offence 243
126E. Special events, operation of Act may be modified for 245
Part 5 — Financial provisions
Division 1 — Licence fees
Payment of licence fees 246
Regulations about licence fees 246
Division 3 — Power of Commission with respect to moneys due
Division 4 — Records and returns
Requirement to keep records of liquor transactions 248
Information to be given to Director in returns 249
Division 5 — Recovery of illegal gains
Division 6 — Information
Director’s power to obtain information 251
Use of information, Director’s powers as to 251
Director’s right of access to premises and records 252
Licensing authority may assist other authorities 252
Confidentiality of information 252
Part 5A — Prohibition orders
152A. Terms used 254
152B. Commissioner of Police may apply for prohibition orders 254
152C. Evidence in support of s. 152B application 255
152D. Notice of s. 152B application etc. to be given to relevant person 255
152E. Director may make prohibition orders 256
152F. Term of prohibition orders 257
152G. Applications to vary or revoke prohibition orders 257
152H. Evidence in support of s. 152G application 258
152I. Notice of s. 152G application etc. to be given to respondent 258
152J. Director may vary or revoke prohibition orders 258
152K. Service, publication and disclosure of prohibition orders 259
152KA. Prohibition order must be registered in banned drinkers register 262
152L. Failing to comply with prohibition orders 262
152M. Permitting entry to premises contrary to prohibition order 263
152NA. Relationship with Criminal Organisations Control Act 2012 263
Part 5AA — Protected entertainment precincts
Division 1 — Preliminary
152NB. Object of Part 264
152NC. Terms used 264
Division 2 — Short‑term exclusion orders
152ND. Police officer may make short‑term exclusion order 266
152NE. Provisions in relation to short‑term exclusion orders 267
152NF. Variation or revocation of short‑term exclusion order 268
152NG. Automatic revocation of short‑term exclusion order if extended exclusion order comes into effect 270
152NH. Review of short‑term exclusion order 270
152NI. Commissioner of Police to issue guidelines 272
Division 3 — Extended exclusion orders
152NJ. Commissioner of Police may apply for extended exclusion order 273
152NK. Evidence in support of application for extended exclusion order 273
152NL. Notice of application for extended exclusion order must be served on subject person 274
152NM. Director may make extended exclusion order 275
152NN. Provisions in relation to extended exclusion orders 277
152NO. Application for variation or revocation of extended exclusion order 278
152NP. Evidence in support of application for variation or revocation 278
152NQ. Notice of application for variation or revocation must be given to extended exclusion order respondent 279
152NR. Director may vary or revoke extended exclusion order on application 279
152NS. Director may vary or revoke extended exclusion order on own initiative 280
152NT. Effect of variation or revocation 282
Division 4 — General provisions about exclusion orders
152NU. Effect of changes to protected entertainment precincts on exclusion orders 282
152NV. Exclusion order applies at all times unless varied 283
152NW. Form of exclusion order 283
152NX. Exclusion o
This is an opening excerpt, not the complete document.