Liquor Control Amendment Regulations (No. 4) 2010 (WA)

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22 October 2010 GOVERNMENT GAZETTE, WA 5225

RG301*

Liquor Control Act 1988

Liquor Control Amendment Regulations

(No. 4) 2010

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Liquor Control Amendment
Regulations (No. 4) 2010.

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.

that day;

4.            Regulation 3A amended

(1) In regulation 3A(1) delete the definition of anticipated number
of persons attending.
(2) In regulation 3A(1) insert in alphabetical order:

anticipated number of patrons, in relation to an
application for an occasional licence, means the sum of
the maximum number of patrons for each day of the
period to which the application relates;
maximum number of patrons, in relation to a day of
the period to which an application for an occasional
licence relates, means the maximum number of patrons
that the person making the application reasonably
expects to be in the licensed area at any one time on

5226 GOVERNMENT GAZETTE, WA 22 October 2010

5.            Regulation 9A amended

(1) Delete regulation 9A(l) and insert:

(1)

A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other specified premises, to workers and

their guests.

(2) Delete regulation 9A(3) and insert:

(3) In this regulation -
specified means specified in the licence;
worker means a person -
(a) working on a specified project; or
(b) working for a specified business;

works canteen means a canteen, located at or near the
place where a specified project is being undertaken or a
specified business is being carried on, catering for the

needs of workers.

(3) Delete regulation 9A(13a) and insert:

(14A) In subregulation (13) -

caterer means a person who -

(a)

carries on a food business as defined in the Food Act 2008 section 10; and

(b)

handles or sells food for consumption at functions.

6.            Regulation 91) amended

In regulation 91)(1) and (2) delete "persons attending" and insert:

patrons

7.            Regulation 9E amended

In regulation 9E(3)(a) and (b) delete "persons attending" and insert:

patrons

22 October 2010 GOVERNMENT GAZETTE, WA 5227

8.            Regulation 14AB amended

In regulation 14AB(a) and (b) delete "persons attending" and insert:

patrons

9.            Regulation 14AC amended

(I) Delete regulation 14AC(1) and insert:

(1) In this regulation -

anticipated number ofpatrons , in relation to an
application for a prescribed permit, means the sum of
the maximum number of patrons for each day of the
period to which the application relates;
maximum number ofpatrons, in relation to a day of
the period to which an application for a prescribed
permit relates, means the maximum number of patrons
that the person making the application reasonably
expects to be in the permit area at any one time on that
day;
permit area means the place or premises in respect of
which the application is made;
prescribed permit means an extended trading permit to
be issued for a specified period not exceeding 3 weeks
and for the purposes referred to in section 60(4)(a),

(cb), (0. (g) or (h).

(2) In regulation 14AC(2) delete "an extended trading permit of a
kind to which this regulation applies" and insert:
a prescribed permit
(3) In regulation 14AC(2)(a) and (b) delete "persons attending" and
insert:
patrons
(4) Delete regulation I 4AC(3).

10.          Regulation 14AD amended

In regulation I 4AD(4) delete "persons attending" and insert:

patrons

5228 GOVERNMENT GAZETTE, WA 22 October 2010

11.          Regulation 14AE amended

In regulation 14AE(2)(b) delete "persons attending" and insert:

patrons

12.          Regulation 18B amended

(1) In regulation 18B(3) delete "applicant and" and insert:
applicant and, unless subregulation (3AA) applies,
(2) After regulation 1813(3) insert:

(3AA) This subregulation applies if the applicant is unable to

sign because of a permanent disability.

13.          Regulation 18C amended

Delete regulation 18C(1)(b) and insert:

(b) shall display —

(i)     a photograph of the person; and

(ii)     the person's date of birth; and

(iii)     unless regulation 18B(3AA) applies, the person's signature; and

(iv)     any other matter that the Director may approve.

14.          Regulation 18EB amended

Delete regulation 18EB(1)(a) and insert:

(aa) a person is refused entry to the premises

because the person is -

(i)     drunk; or

(ii)

behaving in an offensive manner, disorderly or indecent behaviour;

(ab) a person who has been refused entry to the

premises -

(i)     repeatedly attempts to gain entry to the premises; or

(ii)     behaves in an offensive manner, including violent, quarrelsome, disorderly or indecent behaviour;

22 October 2010 GOVERNMENT GAZETTE, WA 5229

(a) a person is required to leave or is removed from

the premises;

15. Regulation 26 amended
Delete regulation 26(4).
16. Schedule 3 amended
Delete Schedule 3 item 6 and insert:

6.

Application for an occasional licence if the anticipated number of patrons is —

(a) up to 250 50
(b) between 251 and 500 100
(c) between 501 and 1 000 200
(d) between 1 001 and 5 000 1 000
(e) between 5 001 and 10 000 2 000
(f) over 10 000 4 000

By Command of the Governor,

PETER CONRAN, Clerk of the Executive Council.

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