Liquor Licensing Amendment (Petrol Stations and Lodgers' Registers) Act 2000 (WA)

Western Australia

Liquor Licensing Amendment (Petrol Stations

and Lodgers’ Registers) Act 2000

Western Australia

Liquor Licensing Amendment (Petrol Stations

and Lodgers’ Registers) Act 2000

CONTENTS

1.	Short title	1
2.	Commencement	1
3.	The Act amended	2
4.	Section 3 amended	2
5.	Section 36A inserted	2

36A.	Petrol stations in some areas not to be
granted licences 2

6. Section 65A inserted 3

65A.	Petrol station not to be established on
premises from which packaged liquor is
sold 3

7. Section 105 amended 4

Western Australia

Liquor Licensing Amendment (Petrol

Stations and Lodgers’ Registers) Act 2000

No. 23 of 2000

An Act to amend the Liquor Licensing Act 1988.

[Assented to 30 June 2000]

The Parliament of Western Australia enacts as follows:

1.             Short title

This Act may be cited as the Liquor Licensing Amendment

(Petrol Stations and Lodgers’ Registers) Act 2000.

2.             Commencement

Liquor Licensing Amendment (Petrol Stations and Lodgers’ Registers)

Act 2000

s. 3

This Act comes into operation on a day fixed by proclamation.

3.             The Act amended

The amendments in this Act are to the Liquor Licensing

Act 1988*.

[* Reprinted as at 12 June 1998.]

4.             Section 3 amended

Section 3(1) is amended by inserting after the definition of “this

Act” the following definition —

“

“townsite” means a townsite under the Land

Administration Act 1997;

”.

5.             Section 36A inserted

After section 36 the following section is inserted —

“

36A.

Petrol stations in some areas not to be granted

licences

(1) In this section —

“country townsite” means a townsite that is outside

the metropolitan area;

“packaged liquor outlet” means licensed premises from which packaged liquor is sold but does not include premises in respect of which a club licence

is in force;

“petrol station” means a business that involves the

retail sale of fuel for road vehicles to people

Liquor Licensing Amendment (Petrol Stations and Lodgers’ Registers)

Act 2000

s. 6

travelling in them, whether or not other goods or services are also sold or supplied to those people.

(2)	The licensing authority shall not approve the grant or removal of a licence that would authorize the sale of packaged liquor from any premises if there is a petrol
station on the premises and the premises are —

(a)	in the metropolitan area; or
(b)	in, or within a prescribed distance outside, a country townsite in which there is a packaged liquor outlet.

(3)

Subsection (2) does not apply in the case of an

application for the removal of a licence that is in

respect of premises on which there is a petrol station to

other premises situated not more than 500 metres from

the premises from which the licence is sought to be

removed.

”.

6.             Section 65A inserted

After section 65 the following section is inserted —

“

65A.

Petrol station not to be established on premises

from which packaged liquor is sold

(1) In this section —

“applicable day” means the day on which the Liquor

Licensing Amendment (Petrol Stations and operation;

“country townsite” has the same meaning as it has in

section 36A;

Liquor Licensing Amendment (Petrol Stations and Lodgers’ Registers)

Act 2000

s. 7

“petrol station” has the same meaning as it has in

section 36A.

(2)

A licence that authorizes the sale of packaged liquor and that is in respect of premises in the metropolitan area or in a country townsite is subject to the condition

that after the applicable day a petrol station must not be

established on the premises.

(3)

Subsection (2) does not apply to premises that are in a country townsite if the Director, on an application by the licensee of the premises, so orders.

(4)

In the case of a breach of the condition referred to in subsection (2) the licensing authority must cancel the licence in respect of the premises unless it is satisfied that the construction of the petrol station commenced before the applicable day in which case the authority may exercise any of the powers in section 96.

”.

7.             Section 105 amended

Section 105(7)(a) is amended by deleting “6 years” and

inserting instead —

“ 2 years ”.