Liquor Control Amendment Regulations 2017 (WA)
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RACING, GAMING AND LIQUOR
RA301
Liquor Control Act 1988
Liquor Control Amendment Regulations 2017
Made by the Governor in Executive Council.
1. Citation
These regulations are the Liquor Control Amendment
Regulations 2017.2. Commencement
These regulations come into operation as follows —
(a) regulations 1 and 2 — on the day on which these regulations are published in the Gazette;
(b) the rest of the regulations — on the day after that day. 3. Regulations amended
These regulations amend the Liquor Control Regulations 1989.
4. Regulation 3A amended
In regulation 3A(1) insert in alphabetical order:
crowd controller has the meaning given in
section 126C(1);
prescribed incident means an incident that is
prescribed by regulation 18EB(1) for the purposes of
section 116A(1);
5. Regulation 8 amended
(1) In regulation 8(1):
(a) delete paragraph (h)(iii) and insert:
(iii) provider providing residential care, to a
person who is accommodated in theby a person who is an approved care is provided;
(b) in paragraph (ja) delete “or supply”;
10 January 2017 GOVERNMENT GAZETTE, WA 141
(c) after paragraph (ja) insert:
(jb) the sale of liquor on a cruise ship in the course
of a qualifying intra-State voyage to a
qualifying person for consumption on board the
cruise ship;
(2) Delete regulation 8(2) and insert: (2) In subregulation (1)(h)(iii) — approved provider has the meaning given in the Aged Care Act 1997 (Commonwealth) Schedule 1 clause 1;
residential care has the meaning given in the Aged
Care Act 1997 (Commonwealth) section 41-3.
(3) In regulation 8(3) delete “subregulation (1)(ja) —” and insert: subregulation (1)(ja) and (jb) — (4) In regulation 8(3) delete the definition of inter-State voyage and
overseas voyage.(5) In regulation 8(3) insert in alphabetical order:
cruise ship means a vessel that —
(a) is suitable for deep water cruising; and (b)
has a minimum capacity of 100 passenger berths;
inter-State voyage means a voyage between a port in
the State and a port in another State or Territory,
whether or not the vessel travels between 2 or moreports in the State in the course of the voyage;
overseas voyage has the meaning given in the
Navigation Act 2012 (Commonwealth) section 16;
qualifying intra-State voyage means a scheduled deep
water voyage —
(a)
that is not an inter-State voyage or an overseas voyage; and
(b) that continues over at least 1 night; qualifying person means a fare-paying passenger or a
crew member on a cruise ship who —
(a) has attained 18 years of age; and (b) is not drunk.
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6. Regulation 8D amended
(1) In regulation 8D(1) delete the definitions of: agricultural region primary production
(2) In regulation 8D(1) insert in alphabetical order: liquor producer means a producer of liquor, whether or
not a primary producer;
primary producer means a person who carries on a
business of agriculture, pastoral pursuits, horticulture,
grazing, dairy farming, beekeeping, orcharding,
viticulture, silviculture or other similar farmingactivities;
(3) In regulation 8D(2):
(a) in paragraph (a) delete “market held in an agricultural region; and” and insert: market; and
(b) in paragraph (b) after “provided by” insert: 1 or more liquor producers or by
(c) in paragraph (b) delete “2 or more producers of liquor; and” and insert: 1 or more liquor producers; and
(d) in paragraph (c) delete “the producers for whose benefit” and insert: a liquor producer by whom or for whose benefit
(e) in paragraph (d)(ii) delete “2.5 L” and insert: 9 L
7. Regulation 9A amended
After regulation 9A(23) insert:
Online wine sales
(24)
A special facility licence may be granted for the purpose of allowing the online sale of wine from
10 January 2017 GOVERNMENT GAZETTE, WA 143 premises specified in the special facility licence in sealed containers for consumption off the licensed premises.
(25) A special facility licence may be granted for the
purpose referred to in subregulation (24) only if thelicence is subject to all of the following conditions —
(a) the licensee may only sell wine produced by a holder of a producer’s licence;
(b) the licensee may only sell wine in satisfaction of an order that is —
(i) placed through a website maintained by the licensee for the purpose; and
(ii) accepted by the licensee at the licensed premises;
(c) the licensee must dispatch the wine sold — (i) from the licensed premises; or
(ii) from premises which are approved for the purposes of section 4(6) and which are not licensed premises in relation to any other licence;
(d) the licensee must dispatch the wine for delivery —
(i) at a delivery address nominated by the purchaser, to a person who is not a juvenile; or
(ii) at a post office, parcel depot or similar facility, to a person who is not a juvenile and who is either the purchaser or a person nominated by the purchaser to accept delivery of the wine;
(e) the licensee must arrange that, if the wine is delivered at a delivery address nominated by the purchaser, it is delivered —
(i) between 7 am and 7 pm on a day which is not ANZAC Day, Good Friday or Christmas day; or
(ii) before 12 noon on ANZAC day;
(f)
the licensee must not invite or admit a purchaser or prospective purchaser of wine to the licensed premises or to any premises or place where the licensee stores wine intended for sale by the licensee under the special facility licence.
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8. Regulation 14AD amended
(1) In regulation 14AD(4) delete “successfully” and insert: successfully, within 6 months before being employed or
engaged in that capacity,(2) After regulation 14AD(4) insert:
(4A) A person employed or engaged as a crowd controller in
respect of licenced premises (other than licensed
premises under an occasional licence) on or after
1 July 2018 is required to complete successfully, within
4 weeks after being employed or engaged in that
capacity, a course of training or an assessment,
approved by the Director for the purposes of this
subregulation, in responsible practices in the sale,
supply and service of liquor.(4B) A person employed or engaged as a crowd controller in
respect of licenced premises under an occasional
licence, where the anticipated number of patrons is
greater than 300, on or after 1 July 2018 is required to
have completed successfully, within 6 months before
being employed or engaged in that capacity, a course of
training or an assessment, approved by the Director for
the purposes of this subregulation, in responsible
practices in the sale, supply and service of liquor.(4C) A person who completes a course of training or
assessment approved for the purposes of
subregulation (2), (3), (4), (4A) or (4B) is thereafter
exempt from that subregulation.
(3) In regulation 14AD(5) delete “subregulation (2), (3) or (4)” and insert: subregulation (2), (3), (4), (4A) or (4B) 9. Regulation 14AE amended
(1) In regulation 14AE(1):
(a) in paragraph (a) delete “regulation 14AD(2) or (3); and” and insert:
regulation 14AD(2), (3) or (4A); and
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(b) delete “Penalty:” and insert: Penalty for this subregulation:
(2) In regulation 14AE(2):
(a) in paragraph (a) delete “regulation 14AD(4); and” and insert:
regulation 14AD(4) or (4B); and
(b) delete “Penalty:” and insert: Penalty for this subregulation:
10. Regulation 14AF deleted
Regulation 14AF is deleted.
11. Regulation 17A amended
In regulation 17A(j) delete “corner of Albany Highway and”.
12. Regulation 18EB amended
(1) In regulation 18EB(2):
(a) delete “an incident” and insert: a prescribed incident
(b) delete paragraph (a) and insert:
(a)
the name and address of the licensed premises at which the incident takes place;
(2) Delete regulation 18EB(3). 13. Regulation 18EC inserted
After regulation 18EB insert:
18EC. Prescribed incidents involving physical force (1) This regulation applies to a prescribed incident that
takes place at licensed premises, in the course of or in
consequence of which a person is physically restrained,
physically removed from the premises or physically
prevented from entering the premises.
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(2) Where an incident to which this regulation applies takes place, the licensee must —
(a) request each crowd controller who made physical contact with the person in the course of or in consequence of the incident to provide the licensee with an account of the incident; and (b) prepare a written statement of the incident detailing —
(i) the reason the person was restrained, removed or prevented from entering; and
(ii) details of the manner in which the person was restrained, removed or prevented from entering; and
(iii) the name, address and crowd
controller’s licence number of each
crowd controller who made physical
contact with the person in the course of
or in consequence of the incident;and
(c)
invite each crowd controller named in the statement to confirm the accuracy of the statement; and
(d)
add a note to the statement identifying those crowd controllers who have confirmed it and those who have not; and
(e)
provide copies of the statement and the note to the crowd control agent by whom each of the crowd controllers is engaged.
(3) For the purposes of section 116A(2), the following
information is prescribed in relation to an incident towhich this regulation applies —
(a)
a copy of the statement prepared in relation to the incident under subregulation (2)(b) and the note prepared under subregulation (2)(d); and
(b)
a statement of the date and time when copies of the statement and note were provided to each crowd control agent under subregulation (2)(e).
R. KENNEDY, Clerk of the Executive Council.
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