Liquor Licensing Regulations 1989

Definitions and prescribed “kinds” of liquor. The Regulations expand the Act’s baseline vocabulary. Regulation 3A sets numerous defined terms used throughout the instrument (for example “standard drink” is 10 g ethanol at 20°C, regulation 3A(1)). The Regulations prescribe the ethanol thresholds that determine whether a beverage is “low alcohol liquor” (3.5% at 20°C, regulation 4) and the minimum ethanol concentration that renders a beverage “liquor” for the Act (0.5% by volume at 20°C, regulation 4AA). The Regulations also bring non‑traditional products within the Act’s scope by prescribing that a mist containing droplets with >0.5% ethanol (regulation 4AB), an aerosol intended for inhalation containing >0.5% ethanol (regulation 4AC), powdered alcohol (regulation 4AD) and liqueur chocolate (regulation 4AE) are “liquor” or of a “kind” for Act purposes.

Licence types, special facility licences, and scope. Regulation 9A enumerates specific purposes for which a special facility licence may be granted: works canteens, transport, tourism, education and training institutions and courses, sports arenas, foodhalls, catering, bed and breakfast facilities, room service restaurants, amusement venues, auctions and online wine sales (see regulation 9A(1)-(25)). Regulation 9B clarifies that special facility licences, unless otherwise provided, permit on‑premises sales and not packaged liquor. Regulation 9C links particular subcategories with prescribed types for section 46(6) of the Act.

Exemptions and their conditionality. The Regulations set out a wide set of exemptions from application of the Act (regulation 8 and regs 8A-8G). These are condition‑rich: the live entertainment exemption (regulation 8A) requires notification to the Director at least 14 days beforehand (8A(4)(d)), limits patron numbers to 200 (8A(4)(f)), excludes persons with a “negative determination” (8A(4)(e)) and prohibits showing restricted material or indecent dress (8A(4)(k)). Complimentary supply by businesses is limited to small volumes or sampling (regulation 8C(2)(d)). Farmers’ market exemptions (8D) require production by the vendor and cap aggregate off‑site sales to 9 L per person per day (8D(2)(d)(ii)). These exemptions create granular, activity‑specific carve‑outs with precise conditions to avoid regulatory capture by general retail or wholesale activities.

Operational controls on sale, delivery and proof of age. Regulation 10C prescribes requirements for sale and delivery of packaged liquor: labelling of boxes with purchaser and vendor addresses (10C(2)), evidence of age for delivery recipients (10C(3)-(4)), delivery time windows (10C(8)), prohibition on delivery into restricted areas or to liquor restricted premises (10C(7)), and a training requirement for persons delivering liquor on the day of purchase (10C(9)). Acceptable proof of age documents are prescribed (regulation 18A(1A)), and the Director may issue proof‑of‑age cards with specified form and content (regulations 18B-18D).

Records, incident reporting and returns. Regulations 5, 22, 23 and 24 prescribe the documentary architecture licensees must maintain: specified transactional documents (invoices, delivery dockets, deposit slips etc, regulation 5), the details to be kept for sales to liquor merchants and other categories (regulation 22), the structure and verification of returns (regulation 23, including that returns are to be verified and lodged annually , 23(2a)), and the particulars required in returns (regulation 24). Incident registers and the information to be recorded for incidents at licensed premises are prescribed (regulations 18EB and 18EC).

Training, manager approvals and director discretion. The Regulations require responsible practices training for staff serving or supervising liquor (regulation 14AD); mandatory courses or assessments must be completed within specified timelines (14AD(2)-(4B)), and non‑compliance creates personal and licensee offences with specified penalties (14AE). Manager approvals, durations and the Director’s power to impose conditions are prescribed (regulations 14ADA-14ADB-14ADC-14ADD). The Director’s authority to set courses and approve providers is a recurring administrative control (regulations 7, 14AD, 14ADB).

Fees, forms and subsidies. Schedule 3 sets licence, application and other fees (regulation 26(1) and Schedule 3). The text prescribes application forms and the supporting documentation format (regulation 3, Schedule 1), and provides subsidy claim forms and mechanics for wine/beer low alcohol subsidies (regulations 19, 21, 21A and Forms 19/19A). The Director has express powers to reduce, waive or refund fees in particular cases (regulation 26(2)) and to impose conditions on subsidy payments (regulation 21B).

Geographic and quantitative prescriptions. The Regulations prescribe distances to be used in Act calculations (regulations 9AA, 9AAB, 14AAA; each requires shortest route by road), area thresholds (e.g., 400 m2 in regulation 9AAA and 14AA), sample quantities for tasting (regulation 5A), and quantities for offences in specified towns (regulation 16AA), including a formula for permitted carriage of liquor in vehicles (regulation 16AD).

Enforcement architecture. The Regulations identify who can take oaths (regulation 9), the layout and contents of warrants (Form 20), lists prescribed offences that may be handled by infringement notices (regulation 27 and its tables), and set penalties for specific regulatory breaches (for example training breaches, recordkeeping and failure to verify returns , regulations 14AE, 14AG, 23).

Cross‑referencing and interoperability with other laws. The Regulations embed multiple references to Commonwealth Acts (Customs, Excise, WET, GST) and State Acts (Road Traffic, Photo Card, Higher Education, Vocational Education and Training Acts) indicating that compliance typically requires alignment with other statutory regimes (regulation 3A and scattered cross‑references throughout).

Licensees and prospective licensees. The Regulations are primarily aimed at people and entities that hold, apply for, or manage licences and permits under the Liquor Control Act 1988. That includes holders of hotel licences, liquor store licences, special facility licences, wholesaler’s licences, producer’s licences, club licences, occasional licences and vehicles treated as premises for licensing purposes (see regulations 9A, 9B and the various definitions in regulation 3A). Process and content requirements for licence applications and transfers (regulations 3, 11, 13, Schedule 2) affect prospective licensees and must be complied with when applying.

Managers, employees and contractors of licensed premises. The Regulations target persons in supervisory or service roles: they require responsible service training for supervisors and service staff within specified timeframes (regulation 14AD(2)-(4B)), impose register‑keeping and certificate retention obligations on licensees (regulation 14AG), and create criminal/penalty exposure for persons and corresponding vicarious exposure for licensees if required training is not completed (regulation 14AE(1)-(3)). Crowd controllers are explicitly named (definition in regulation 3A and training obligations in 14AD(4A)). The requirement that a delivery person who leaves liquor with a purchaser on the day of purchase must have completed approved training (regulation 10C(9)) extends compliance obligations to employees of online or room service operations.

Retailers and businesses that offer promotional or complimentary liquor. The Regulations prescribe narrow exemptions and conditions for complimentary supply by businesses (regulation 8C) and for tourism businesses (regulation 8CA). Businesses offering tastings, product samples or promotional drinks at markets (regulation 8D), at functions (regulation 8B), or as part of a tourism service (8CA) are directly affected because those exemptions require the business to meet precise conditions (ancilliarity, quantity limits, training in some cases). Non‑compliance converts what might otherwise be an exempt activity into a regulated sale requiring an appropriate licence.

Wholesalers, producers and wine merchants. Producers and wholesalers are prescribed as licensee classes for recordkeeping and returns (regulations 21C and 22). The Regulations create a WET‑linked subsidy regime (regulations 19, 21, 21A) specifying eligibility, calculation methods and limits (regulation 21AC , subsidy payable once per sale). Wholesalers and producers need to maintain the records described in regulation 22 and lodge verified returns in accordance with regulation 23.

Event organisers and managers of entertainment venues. Special rules apply to live entertainment venues seeking exemption from licensing for consumption (regulation 8A): entitlement to rely on that exemption requires the person in charge to notify the Director at least 14 days beforehand, limit patrons to 200, exclude people with negative determinations and ensure no indecent dress or restricted material (regulation 8A(4)). Organisers of functions relying on the function exemption (regulation 8B) must ensure attendee numbers and service periods meet the prescribed caps. Organisers of “organised functions” on licensed premises (regulation 8E) also interact with authorised arrangement approvals under section 104 of the Act.

Delivery services and online sellers. Regulation 10C regulates sale and delivery of packaged liquor from licensed premises. Online wine sellers operating under a special facility licence (regulation 9A(24)-(25)) face detailed dispatch and delivery rules including restrictions on inviting purchasers to premises (9A(25)(f)) and on dispatch windows (9A(25)(e)). Delivery personnel and licensees using courier services must ensure ID checks, time windows and banned area prohibitions are observed (regulation 10C).

Residents and patrons in prescribed geographic areas. The Regulations define protected entertainment precincts (regulation 28 and Schedule 4) and banned drinker areas (regulation 29 and the Deposited Plans). Persons living in or visiting these areas are affected because other parts of the Act (cross‑referenced in the Regulations) will impose specific restrictions, obligations and enforcement mechanisms in those areas. The Regulations also prescribe town‑specific quantities and vehicle carriage formulas for offences (regulation 16AA-16AD), which directly affect what residents, visitors and drivers may lawfully transport.

Regulatory and enforcement officers. The Director, authorised officers and persons appointed to assist the Director (regulations 9, 18EBA) are identified as decision‑makers, certifiers and custodians of documentary processes. The Director’s power to approve courses, impose conditions, accept electronic lodgment and waive fees (regulations 7, 14ADB, 26(2)) concentrates administrative discretion in that office.

Indirectly affected parties. Third‑party vendors (postal services, parcel depots), software or ID system providers (prescribed classes under regulations 18EBA and 18EBB and 24AA), crowd control agents and security firms (through requirements in 18EC), and financial institutions handling subsidy payments or license fees (regulation 25 and subsidy forms) are also implicated.

Who pays and who decides. The structure makes licensees and businesses bear most compliance costs: application and licence fees (Schedule 3, regulation 26), training costs to meet regulation 14AD, recordkeeping and reporting overhead (regulations 22-24), and potential fines for non‑compliance (regulation 14AE, 14AG, 23). The Director and licensing authority have repeated decision rights to approve, impose conditions, accept or refuse (for example the Director approves courses under regulation 7; may impose subsidy conditions under regulation 21B; may impose and vary conditions on manager approvals under regulation 14ADB).

Documentary, recordkeeping and returns duties. The Regulations prescribe granular documentary duties. Regulation 5 lists sources of transactional information that constitute “records” for section 3(1) interpretation: original or true copies of order forms, invoices, delivery dockets, deposit slips and other documents evidencing sale/purchase. Regulation 22 prescribes the line items and transaction details to be kept for wholesalers, producers and special facility licence holders. Regulation 24 requires returns to contain segregated low‑alcohol and other liquor amounts, lists of liquor merchants supplied, particulars of persons in positions of authority (for bodies corporate), and owner details. Regulation 23 prescribes verification of returns, lodgment at the Director’s office and a yearly reporting cycle (23(2a)). Regulation 14AG requires a licensee to maintain a register of persons who have completed required responsible service training and to retain certificates.

Training duties and managerial approvals. Regulation 14AD requires staff engaged in supervisory roles and service of liquor at licensed premises to complete approved training or assessment in responsible practices within 4 weeks (or 6 months in certain occasional licence contexts) and requires crowd controllers to meet the same training standard from defined dates (14AD(2)-(4B)). The Director prescribes approved courses (regulation 7) and can exempt persons (14AD(5)). Manager’s approvals have prescribed forms, lodgment places and durations (regulations 14ADA, 14ADC, 14ADD). The Director may impose or vary conditions on approvals (14ADB) after giving an approved manager an opportunity to make submissions in prescribed circumstances (14ADB(4)).

Sales, delivery, proof of age and sample limits. Regulation 10C imposes obligations on licensees for sale and delivery of packaged liquor: labelling, ID checks at delivery, restrictions on leaving liquor with persons whose speech/behaviour appears intoxicated (10C(5)), restriction on deliveries into restricted or banned areas (10C(7)) and delivery time windows (10C(8)). Regulation 5A prescribes sample quantities for tastings (beer 100 ml, wine 50 ml, spirits 15 ml). The Regulation prescribes acceptable proof of age documents (regulation 18A(1A)) and the mechanics for proof of age cards (regulations 18B-18D).

Exemptions with conditional entitlements and procedural triggers. Several exemptions confer conditional legal rights to supply or consume liquor without a licence but impose procedural triggers. For example, a person in charge of premises relying on the live entertainment exemption must notify the Director at least 14 days before first relying on the exemption (regulation 8A(4)(d)). Function and farmers’ market exemptions set limits on attendee numbers, continuous service periods and sample or quantity caps (regulations 8B, 8D). Tourism business exemptions require completion of Director‑approved training for the supplier in some circumstances (regulation 8CA(2)(ba)).

Director’s administrative powers and licensee rights. The Regulations balance duties with administrative discretion. The Director can approve courses (regulation 7), accept electronic lodgment (regulation 3(4)), impose subsidy conditions (regulation 21B), issue proof of age cards (18B) and manager identification cards (14ADE), and reduce or waive fees (regulation 26(2)). Licensees have procedural rights to make applications in prescribed forms and timeframes (regulation 3, 14AB, 14AC), receive notice of conditions imposed on managers with opportunity to make submissions (14ADB(4)), and certain transitional protections for “transitioned approvals” (14ADG(3)).

Penalties, offences and infringement avenues. The Regulations prescribe offences tied to duties and create avenues for administrative enforcement. Regulation 14AE lists penalties for failure to complete approved training (personal fines for employees $2,000; licensee vicarious exposure $5,000 subject to a reasonable diligence defence 14AE(4)). Regulation 14AG(1a) sets a $5,000 penalty for failing to maintain the training register. Regulation 23(3) imposes a $1,000 penalty for failure to lodge returns or verify them. Regulation 27 lists an extensive set of Act provisions that are prescribed offences for the purposes of infringement notices and lists several regulations whose breaches attract infringement notice status.

Privacy and data handling duties. The Regulations require the licence holder to keep photographs and signature examples submitted for proof‑of‑age cards and then destroy them if not used within specified periods (regulation 18B(3b)-(3c)). They prescribe secure web page persons (regulation 18EBA), classes of persons engaged by the Department for ID systems (regulation 18EBB, 24AA) and prescribe a person (Scantek Solutions Pty Ltd) in relation to banned drinker order information disclosure (regulation 25C). Those rules allocate responsibility for secure handling and specify named third parties for data sharing.

Procedural duties about plans, specifications and premises definition. Regulation 11 prescribes detailed standards for plans and specifications accompanying licence applications: scale, A3/A4 size matters, floor plans, site plans, external elevations, photographic alternatives, dates and author names and Australian Standard compliance (regulation 11(1b)-(2)). Applications to vary plans attract fees (regulation 11(5) and Schedule 3 item 20).

Rights to electronic service and consent mechanics. Regulations 24A-24C set out permitted electronic means for service (URLs and mobile numbers), prescribe how consent is to be given and what does not constitute consent, and set time‑of‑service rules and exceptions if delivery fails. These rules create a statutory framework for electronic interactions under Part 5AA of the Act.

Who decides. The Director and the licensing authority adjudicate approvals and exemptions, with the Director holding repeated powers to approve courses, accept electronic lodgment, issue cards, impose conditions and reduce/waive fees. The Regulations provide process (forms, lodgment places, prescribed notice periods) and criteria that constrain but do not eliminate administrative discretion.

Prescribed offences and infringement notices. Regulation 27 identifies a wide list of offences under the Act that are declared “prescribed offences” for the purpose of infringement notices under section 167(2) of the Act. Regulation 27(3) and (4) also prescribe particular regulatory offences (for example r.14AE(1), r.14AG(1a), r.23(3)) for infringement notice treatment. The practical effect is to enable administrative enforcement (infringement notices) for many breaches rather than solely criminal prosecutions.

Specific monetary penalties in the Regulations. Several regulations set express monetary penalties:

• Failure to produce an identification card on direction (regulation 14ADE(4)): penalty $2,000.
• Failure by a person to complete required training and continue in the role (regulation 14AE(1)-(2)): personal penalty $2,000.
• A licensee vicariously taken to have committed the offence if an employee breaches the training duty (regulation 14AE(3)): penalty $5,000, with a defence of reasonable diligence (14AE(4)).
• A licensee failing to maintain the register of trained staff (regulation 14AG(1a)): penalty $5,000.
• Failure to lodge or correctly verify returns or to take reasonable steps to secure compliance (regulation 23(3)): penalty $1,000.
• Where a return or information requirement gives rise to a liability under section 71 of the Interpretation Act 1984, a penalty of $100 applies (regulation 23(4)).
• Failure to comply with directions to produce documentation (various) may attract penalties under the Act as listed in regulation 27’s table and the Act’s penalty schedule.

Enforcement actors and mechanisms. The Regulations identify persons authorised to administer oaths and affirmations for licensing matters (regulation 9), and incorporate Form 20 for search warrants under section 161 of the Act (Schedule 1 Form 20). Authorised officers and persons appointed to assist the Director who manage secure webpages are prescribed (regulation 18EBA). The Director has administrative enforcement levers: suspension or cancellation of licences for non‑payment of licence fees is explicitly enabled through regulation 26(1a)-(1d) and the Act’s enforcement provisions (for example, the Director may suspend operation of a licence if fees are not paid by specified deadlines). The Director can impose conditions on manager approvals and vary them (regulation 14ADB), and may impose subsidy conditions by notice (regulation 21B).

Procedural safeguards and opportunities to make submissions. Regulation 14ADB requires that, before imposing or varying a condition on a manager’s approval on the Director’s own initiative, the Director must give the approved manager a reasonable opportunity to make submissions (14ADB(4)). Regulation 14ADD provides that a renewal application pending at the time the approval would otherwise expire results in the applicant being taken to remain approved until determination, unless the Director otherwise determines (14ADD(4)). These rules give licensees and managers procedural entitlements even where the Director has discretionary powers.

Infringement notice policy and graduated enforcement. By prescribing a long list of offences for infringement notices (regulation 27), the Regulations permit administrative fines as an enforcement instrument for many contraventions. This mechanism supports faster, lower‑cost enforcement for particular contraventions, but the text also preserves prosecutorial or licensing actions for more serious or contested breaches under the Act itself.

Record and returns enforcement. The duty to lodge verified returns annually at the Director’s office (regulation 23(2a)) is enforced by specific monetary penalties for non‑compliance (regulation 23(3)) and by the Act’s own provisions allowing the Director to act on incomplete or missing information. The verification requirement for returns (regulation 23(1a)) imposes an evidentiary duty that exposes company officers to liability if they knowingly cause default (23(3)).

Geographic and quantity penalties. Regulation 16AA prescribes quantified limits for possession/carriage in particular towns and restricted areas and is likely linked to penalties in section 109A of the Act. Regulation 16AD provides the formulaic calculation for permissible carriage in vehicles to avoid triggering offences. These prescriptions convert otherwise open‑ended prohibitions into enforceable quantity thresholds in those defined locales.

Discretionary relief and fee waivers. The Director has explicit power to reduce, waive or refund fees in whole or in part (regulation 26(2)) and may reduce the fee for manager ID replacement (14ADF(2)(c)). Regulation 25B gives the Director the power to reduce, waive or refund the fee payable for review of a banned drinker order application (25B(4)). That discretion operates as a practical compliance and enforcement relief mechanism.

Public notices and protected precinct enforcement. Regulation 17 prescribes the format and typographic minimums for out‑of‑bounds notices (17(b)). The Regulations designate protected entertainment precincts (regulation 28) and banned drinker areas (regulation 29) and attach the legal effects of those designations via deposited plans. Enforcement in those defined areas typically follows Act provisions cross‑referenced in the Regulations.

Cross‑referencing the Act and Commonwealth law. The Regulations are designed to operate as subordinate legislation under the Liquor Control Act 1988 and repeatedly cross‑reference the Act (regulation 3A(2)). They also incorporate Commonwealth obligations and tax constructs: the definition of “notional wholesale selling price” and the WET reference (regulation 3A), the subsidy formulas referring to WET and the Commonwealth’s Wine Equalisation Tax (regulations 21, 21A), and prescription of documents linked to Commonwealth Customs and Excise Acts for record sources (regulation 5(1)(b)(iii)-(iv)). The Regulations therefore require licensees to align liquor records and subsidy claims with Commonwealth tax returns and customs/excise recordkeeping.

Interplay with identity and proof of age laws. Regulation 18A prescribes documents acceptable as proof of age and expressly references driver’s licences, current WA photo cards (Western Australian Photo Card Regulations 2014), Keypass identity cards issued by Australia Post, and equivalent interstate/Territory cards. The Director’s proof of age card scheme (regulation 18B-18D) interacts with the WA Photo Card Act and the Commonwealth/State identity frameworks. This cross‑legal interaction means that changes to identification laws or photo card availability in other jurisdictions may have immediate operational implications for licensing compliance under the Regulations.

Planning, transport and education law cross‑links. The Regulations reference the Planning and Development Act for “metropolitan region” (regulation 3A), the Transport (Road Passenger Services) Act 2018 for on‑demand charter vehicle authorisation (regulation 8F), and the Higher Education Act and the Vocational Education and Training Act for definitions of education institutions and approved courses (regulation 3A, 7, 18F). Special facility licences for educational courses (regulation 9A(10a)-(10e)) require alignment with VET and higher education accreditation systems.

Aged care and health law interactions for exemptions. Exemptions for sale or supply in institutional settings use definitions from Commonwealth Aged Care legislation and the State Health Services Act (regulation 8(h), 8(2)). For example, supply in nursing homes and hospitals is carved out if it meets the conditions set out and uses the Aged Care Act definitions for “approved provider” and “residential care”. This means that operators of such facilities must satisfy concurrent obligations under health/aged care laws as well as the liquor regime.

Road Traffic and vehicle law. Regulations that require shortest road route calculations for distance prescriptions (regulations 9AA(2), 9AAB(2), 14AAA(2)) refer to the Road Traffic (Administration) Act for “road” definition (regulation 3A). Vehicle carriage formulas for allowable quantities in specified regions reference vehicle occupancy and legal entitlement to buy liquor (regulation 16AD). Delivery and carriage rules therefore interact with road transport regulations and vehicle definitions under State traffic law.

Privacy, data systems and Departmental providers. The Regulations prescribe specific persons and classes for secure webpages, ID system providers and entities involved in the banned drinker register infrastructure (regulations 18EBA, 18EBB, 24AA, 25C). Those prescriptions interact with privacy, contract and procurement regimes because they identify third parties authorized to receive and process personal data for liquor control purposes. Legal obligations under privacy statutes or data protection policies will therefore run alongside the Regulations’ specified contractual or statutory permissions.

Interoperability with local government and venue approvals. The requirements for plans and specifications (regulation 11), including site plans and external elevations, connect with local government planning approvals and building regulation compliance. Licensing decisions that depend on capacity, layout and egress are therefore linked to building approvals and planning permissions issued under other State and local laws.

Tax and subsidy law. The subsidy calculations (regulations 21 and 21A) are tied to WET payments and “notional wholesale selling price” concepts; this creates an operational interface with Commonwealth taxation law where WET liabilities and evidence of WET payments are necessary to claim subsidies under State regulations.

Amendment and disallowance history. The Compilation table and other notes record that multiple earlier regulation instruments were disallowed and that the instrument has been amended repeatedly, sometimes with transitional savings provisions. Practitioners need to consult the compilation history and the Act concurrently to track operative provisions.

In short, the Regulations do not operate in isolation: they make frequent legal and factual assumptions about identity documents, taxation and customs documents, educational accreditation, transport authorisations and local government planning outcomes. Compliance therefore typically requires coordination across administrative regimes.

The regulation text includes an extensive compilation table and amendment history that records incremental modifications, insertions and repeals dating from the original Liquor Licensing Regulations 1989 through numerous amendment instruments and reprints up to the 2026 compilation. Key amendment milestones visible in the text include:

• 1998-2000 amendments introducing several new definitions and prescriptions (regulation 3A inserts and changes across 1998, 2000; see compilation table entries for 1998-2000).
• 2002-2004 series of amendments expanding special facility licence categories and introducing further recordkeeping and subsidy mechanics (see multiple Gazette entries and changes to regulations 9A, 21, 21A).
• 2005 insertion of regulations prescribing mists and aerosols (regulations 3AB, 3AC and 4AB, 4AC were introduced in 2005 , see Gazette references 11 Jan 2005).
• 2007 comprehensive amendments and a reprint (the Liquor Control Amendment Regulations 2007 and Reprint 6, see compilation entries 2007), which adjusted forms, fees, and certain administrative processes.
• 2011 insertion of live entertainment exemption and substantial restructuring of manager approvals, training obligations and incident reporting (regulations 8A, 14ADA-14ADG, 18EB, with Gazette entries around 2011; see regulation notes).
• 2015 addition of a specific prohibition/definition for powdered alcohol (regulation 4AD inserted 7 Aug 2015).
• 2016-2018 incremental amendments addressing tourism business exemptions, online sales and satellite regulatory refinements (e.g., regulation 8CA inserted 6 Sep 2016; regulation 9A online wine sales refined across 2017-2018).
• 2017-2018 and later: expanded training, ID and incident reporting changes, including the requirement for crowd controller training from 1 July 2018 (regulation 14AD(4A)).
• 2021-2023 package of changes introducing electronic service mechanics and banned drinker order infrastructure (regulations 24A-24C inserted SL 2022/217 etc; regulation 10C sale and delivery rules were introduced SL 2021/207 r.7).
• 2022-2025 boundary and precinct designations: protected entertainment precincts were formally prescribed in 2022 (regulation 28, SL 2022/217) with Schedule 4 maps; banned drinker areas were prescribed in 2023 (regulation 29, SL 2023/196 r.12); later adjustments to Schedule 3 fees occurred with SL 2025/187.
• 2024-2025 fee updates and technical amendments to Schedule 3 and various regulations (see compilation notes referencing SL 2024/213, SL 2025/143, SL 2025/149, and SL 2025/187).

The Compilation table records disallowances and transitional provisions for particular amendment instruments (for example, certain 2012 instruments were disallowed; see the “Other notes” and compilation table entries). The text also flags that some prospective amendments did not commence because related provisions were deleted by later Acts (see compilation note referencing SL 2023/196 r.2(d) and the Liquor Control Amendment Act 2025).

Mechanically, the amendment history shows a pattern of iterative policy responses: adding new product classes (mists, aerosols, powdered alcohol), expanding exemption regimes for specific commercial activities (tourism, farmers’ markets, online sales), strengthening training and incident reporting obligations, and integrating electronic service and banned drinker order infrastructure. The Directorate’s powers and forms have been updated multiple times to reflect administrative modernisation (electronic lodgment, online service, secure webpages).

For practitioners, the compilation table and notes in the regulation text are an essential reference: the Regulations have evolved via numerous statutory instruments and reprints and retain transitional provisions (for example regulation 14ADG on transitioned approvals) that affect licence holders and applicants during transitional periods.

The Regulations themselves do not name judicial decisions or provide a litigation register. The text contains no case citations, and the Compilation table and “Notes” section do not identify any court judgments interpreting specific regulatory provisions. The instrument records only legislative amendment and disallowance history, not litigation outcomes.

What the compilation notes do show is that some subordinate instruments were disallowed by Parliament (for example, a 1992 instrument disallowed; see compilation notes), which is a legislative oversight event rather than court litigation. The only adjudicative references in the Regulations are to administrative decisionmakers such as the Director, the Commission and the licensing authority, and to the procedural mechanisms for review and appeal embedded in the Act (for example, applications under section 152YY for review of banned drinker orders which attract a prescribed fee under regulation 25B). The Regulations prescribe the fee for review (25B) and the person liable for the fee, but do not set out judicial review procedures.

Consequently, if you need to assess case law bearing on the meaning or application of particular regulations (for example the scope of exemptions in regulation 8A or the enforcement of training obligations under regulation 14AD), you must consult decisions under the Liquor Control Act 1988 in Western Australian tribunals and courts. The Regulations themselves supply no case history or judicial interpretations and do not cite precedents.

For regulatory risk assessment, the absence of named litigation in the Regulations does not mean there is no case law: licensing, disciplinary and administrative decisions under the Act will be reported elsewhere. The Regulations provide the statutory text that courts and tribunals are asked to interpret; any litigation history relevant to particular regulatory provisions will be external to the instrument and should be sourced from case law databases and the Commission’s published decisions.

1. Exemptions look simple but are heavily conditional. Many operations can only rely on exemptions if strict conditions are met and documented. Examples: the live entertainment exemption (regulation 8A) requires notification to the Director at least 14 days before relying on it (8A(4)(d)), excludes persons with any prior “negative determination” unless reversed (8A(4)(e) and (3)), caps patrons at 200 (8A(4)(f)), and bans display of restricted material and indecent dress (8A(4)(k)). Function exemptions limit attendee numbers and continuous service windows (regulation 8B). Complimentary supply by business is capped at not more than 2 standard drinks on premises or 1 litre sealed container off premises on any one day (regulation 8C(2)(d)). Failing to meet any condition converts an apparent exemption into an unlicensed sale.

2. “Low alcohol” thresholds and product scope are technical. The Regulations prescribe low alcohol liquor as 3.5% ethanol at 20°C (regulation 4) and liquor as anything with 0.5% ethanol by volume at 20°C (regulation 4AA). That means many food items and non‑traditional delivery modes are captured by the Act: aerosols and mists containing >0.5% ethanol (regulations 4AB and 4AC), powdered alcohol intended for human consumption (4AD), and certain liqueur chocolates (4AE). Product developers cannot assume novelty form escapes licensing.

3. Online wine sales are tightly circumscribed. A special facility licence for online wine sales (regulation 9A(24)-(25)) carries multiple conditions: sales only of wine produced by a holder of a producer’s licence (9A(25)(a)); orders must be placed through a website maintained by the licensee and accepted at licensed premises (9A(25)(b)); dispatch must originate from the licensed premises or approved premises and be delivered only to persons who are not juveniles, with time‑of‑delivery restrictions and a prohibition on inviting purchasers onto premises where stock is stored (9A(25)(c)-(f)). Compliance requires operational controls in logistics, age verification and dispatch timing.

4. Delivery obligations delegate duties to licensees and delivery staff. Regulation 10C requires labelling with purchaser/vendor details (10C(2)), evidence of age on delivery (10C(3)-(4)), prohibits delivery into restricted areas or to liquor restricted premises (10C(7)), and mandates training for delivery personnel making same‑day deliveries (10C(9)). Licensees using third‑party couriers must ensure courier staff meet training and ID checks or risk licensee liability.

5. “Negative determination” is a broad disqualification. The live entertainment exemption (regulation 8A) excludes persons with a current negative determination , a term that covers refusals to grant licences, approvals to be trustee, manager approvals and other fit and proper refusals across a range of Act applications (8A(1) definition). Employers or event operators must screen personnel for prior licensing refusals or disqualifications.

6. Training compliance creates joint liability. Regulation 14AD sets individual training duties and regulation 14AE makes licensees vicariously liable for failures by employees to meet training requirements, subject to a defence of reasonable diligence (14AE(3)-(4)). Licensees must document training completions and maintain the register (14AG) or risk fines up to $5,000.

7. Verification and timing of returns are strict. Annual returns must be lodged and verified as accurate (regulation 23(1)-(2a)). Failure incurs monetary penalties (23(3)) and liability for company officers if reasonable steps were not taken. The lodgment window is within one month after 30 June each year (regulation 23(2a)).

8. Geographic calculations use road distances. Distances prescribed for various licensing tests are to be calculated using the shortest route by road (regulations 9AA(2), 9AAB(2), 14AAA(2)). That measurement can materially alter eligibility for packaged liquor premises, special facility licences, and proximity tests, compared to straight‑line distance.

9. Subsidy mechanics link to WET and are one‑time per sale. Subsidy rules (regulations 21, 21A, 21AC) require alignment with the Commonwealth WET regime, define “notional wholesale selling price” and state explicitly that a subsidy is payable only once in respect of a sale (21AC). Producers and wholesalers must maintain records of WET paid and meet the state’s documentary requirements.

10. Electronic service rules include nuances on consent. Regulations 24A-24C permit electronic service by URL links and mobile messages, but consent is narrowly defined and explicitly negated where there is coercion, incapacity or language misunderstanding (24B(3)). Documents served electronically are taken served at the time of sending unless delivery failure is notified (24C(1)-(2)). Organisational processes using electronic service must track delivery receipts and preserve proof of successful service.

11. Many offences are prescribed for infringement notices. Regulation 27 lists a long set of Act and regulatory offences eligible for infringement notices. Practitioners should not assume that every breach must proceed by prosecution; many can be resolved administratively by an infringement notice regime, shifting enforcement risk and remediation options.

12. The Director has broad administrative flex. The Director can approve courses and training providers (regulation 7), impose and vary conditions on manager approvals (14ADB), reduce or waive fees (26(2)), and impose subsidy conditions (21B). That discretion can result in case‑by‑case outcomes; licensees must engage with the Director’s processes and notices.

13. Transitional and repealed provisions appear in compilation notes. The Compilation table and Other notes record disallowed instruments and transitional arrangements (for example, certain 2012 instruments disallowed). Users should rely on the current reprint and the compilation table for operative provisions.

Start with a compliance map. Map each activity against the Regulations’ relevant provisions: licensing category (regulation 9A, 9EA), exemptions (regulations 8, 8A-8G), recordkeeping (regulations 5, 22-24), delivery restrictions (regulation 10C), staff training (regulation 14AD), proof of age and ID (regulation 18A-18D), and electronic service obligations (regulations 24A-24C). Use the Director’s forms and electronic lodgment methods where permitted (regulation 3(4), 14ADA, Schedule 1 Forms).

Documentation and recordkeeping: adopt the prescribed document types and retention. Ensure transactional records meet regulation 5 (invoices, order forms, deposit slips, delivery dockets) and include the line‑item detail regulation 22 requires (separating low alcohol liquor from others, freight, discounts, returns, etc.). Maintain the register and certificates required by regulation 14AG for trained staff, and keep copies of proof‑of‑age cards and acceptable ID evidence as per regulation 18A(1A). Set a records retention schedule aligned with the Director’s requirements and with the destruction timing for photographs/signatures in proof‑of‑age card applications (regulation 18B(3b)-(3c)).

Training and personnel compliance: ensure supervisors, servers and crowd controllers complete Director‑approved courses within the specified windows (regulation 14AD(2)-(4B)). Track completions, store certificates, and enter employees into the licensee register (14AG(1)-(2)). Implement a training policy and audit that demonstrates “reasonable diligence” to be available as a defence under 14AE(4) if employees fail to complete required training. If you use approved restricted managers seeking unrestricted status, follow the prescribed lodgment methods and fees in regulation 14ADA and Schedule 3.

Manager approvals and ID cards: lodge manager approval applications in the Director’s approved form with supporting documentation (14ADA(2)(a)-(b)). If issued, ensure the approved manager carries the identification card and is able to produce it on direction (14ADE(3)); maintain processes to replace lost cards per regulation 14ADF.

Delivery controls and age verification: for delivery businesses, implement procedures that satisfy regulation 10C: label boxes with purchaser and vendor addresses (10C(2)), require production of prescribed ID at delivery (10C(3)-(4)), ensure deliveries are not left with persons who appear intoxicated (10C(5)), avoid deliveries into restricted areas or to liquor restricted premises with notices (10C(7)), and observe delivery time windows (10C(8)). If you make same‑day deliveries, ensure delivery personnel have successfully completed approved responsible service training (10C(9)).

Exemptions and pre‑reliance notifications: where relying on an exemption with a notification requirement (for example live entertainment, regulation 8A(4)(d)), prepare and lodge the required notice with the Director in the form and manner approved, and do so at least the minimum days before relying on the exemption. For organised functions relying on authorised arrangements (regulation 8E), obtain section 104 approval where required and retain documentary evidence of authorised arrangements.

Plans, premises and application format: when lodging plans per regulation 11, adhere exactly to the plan requirements: scales, A3 floor plan duplicates, site plans, external elevations or photographs, date, scale and author name, and specifications of finishes and fit‑out (regulation 11(1b)-(3)). Use the forms in Schedule 1 and ensure that non‑plan documents are A4 unless the Director accepts electronic lodgment (regulation 3).

Accounting, returns and subsidies: prepare accounting and sales records to support returns under regulations 22-24. Lodge returns within the prescribed annual window (regulation 23(2a)), verify them as required (23(1a)), and maintain supportive tax and WET documentation if claiming subsidies (regulations 19, 21, 21A). Be aware subsidy eligibility rules (21(2), 21A(2)) and that a subsidy is payable only once per sale (21AC).

Electronic service, consent and secure webpages: obtain explicit consent for electronic service under regulation 24B if relying on Part 5AA electronic processes. Maintain logs and delivery receipts when using URL or mobile message service methods (24A-24C). If you implement or use ID systems, ensure compliance with secure webpage persons and prescribed classes (regulations 18EBA, 18EBB, 24AA).

Geographic and distance computations: compute distances for proximity tests using the shortest route by road as prescribed (9AA(2), 9AAB(2), 14AAA(2)). If operating in or delivering to protected entertainment precincts (regulation 28) or banned drinker areas (regulation 29), obtain and map the deposited plan images in Schedule 4 and the Deposited Plans referenced to ensure operations respect area‑specific rules.

Fee payment and administrative deadlines: pay fees per Schedule 3 and observe the payment timelines and penalties in regulation 26 (annual licence fees payable by 1 January, penalties for late payment and Director powers to suspend or cancel for non‑payment, 26(1a)-(1d)). Schedule application lodgment timeframes for occasional licences and extended trading permits in regulations 14AB and 14AC and 10B to allow time for the Director’s determinations.

Incident reporting and crowd controller procedures: maintain an incident register that records the incidents prescribed in regulation 18EB and the detailed information required in 18EB(2). For incidents involving physical force, follow the procedural duties in regulation 18EC to obtain accounts from crowd controllers, prepare written statements, invite confirmations, and provide copies to the crowd control agent.

Data protection and third‑party providers: if engaging with Department‑prescribed providers for ID systems or banned drinker registers (regulations 18EBB, 24AA, 25C), ensure contractual arrangements, data handling and security measures reflect statutory prescriptions and applicable privacy laws. Maintain records of disclosures, consents and secure webpage controls where required.

Audit readiness and legal review. Given the Director’s discretion to impose conditions and the risk of infringement notices, licensees should establish internal audit and compliance reviews against the Regulations, maintain audit trails for personnel training, delivery logs, proof of age checks, incident registers and returns verification. Where in doubt, seek administrative directions from the Director or formal advice and preserve correspondence documenting compliance efforts.

By mapping each operational activity to the Regulations’ specific clauses, establishing documented procedures, training personnel, and maintaining the prescribed records and registers, a licensee or operator can materially reduce enforcement risk and create evidence of compliance in the event of inquiries or enforcement action.