Liquor Licensing Amendment Regulations (No. 2) 1999 (WA)

'1256 GOVERNMENT GAZETTE, WA [31 August 1999

RACING, GAMING AND LIQUOR

RA301*

Amendment Regulations (No. 2) 1999.

Liquor Licensing Act 1988

Liquor Licensing Amendment Regulations

(No. 2) 1999

Made by the Governor in Executive Council.

1.            Citation

These regulations may be cited as the Liquor Licensing

31 August 19991 GOVERNMENT GAZETTE, WA 4257

2. Regulations 12A, 12B, 12C and 12D inserted in the Liquor
Licensing Regulations 1989

After regulation 12 of the Liquor Licensing Regulations 1989* the following regulations are inserted -

12A. New Year 2000 weekend - extended trading hours

(1) A licensee of a licence referred to in the Table to this

regulation may make application on or before 15 is authorized to sell liquor in relation to the licensed premises specified in the application to be extended in accordance with that Table.

(2) An application is to specify -

(a)	the name and licence number of the applicant; and
(b)	the name and address of the licensed premises in relation to which the extension of trading hours is sought,

and is to be accompanied by a fee of $150.

(3) Unless the Director has refused an application under

subregulation (4), on 1 December 1999 an application
in respect of which a receipt has been given by the

Director is to be taken to be approved and -

(a)	the applicant is authorized to sell liquor from the premises specified in the application in accordance with the Table to this regulation; and
(b)	that authorization is to be taken to be a condition of the licence relating to the premises.

(4) The Director, by notice in writing served on the applicant before 1 December 1999 -

(a)	is to refuse an application in respect of licensed premises located in the district of a local government, or the community lands of an Aboriginal community, in relation to which the Director has been notified under regulation 12B that the local government or council, as is relevant, does not want the trading hours of licensed premises extended under this regulation; or
(b)	may refuse an application if the Director is of the opinion that it is in the public interest to do so,

4258 GOVERNMENT GAZETTE, WA [31 August 1999

and the decision of the Director to refuse an application

is not subject to review or appeal.

(5) If an application is refused, the Director is to refund
$130 of the fee paid by the applicant under
subregulation (2).

Table of extended trading hours for the New Year 2000 weekend

licence type	extension of hours	any restrictions
Hotel licence	on New Year's Day -	the extended hours
from 2 a.m. to 6 a.m.	apply only in respect of sales of
on 2 January 2000 -	liquor for
up to 2 a.m. and from	consumption on the
10 p.m. to midnight	premises
Liquor store	on 31 December 1999 -
licence	from 10 p.m. to midnight
on 2 January 2000 - from 10 a.m. to 10 p.m.
Cabaret licence	on New Year's Eve - from 4 p.m. to 6 p.m.
on 3 January 2000 - up to 6 a.m.
Club licence,	on New Year's Day -	the extended hours
other than a club	from 2 a.m. to 4 a.m.	apply only in
restricted	respect of sales of
licence	on 2 January 2000 -	liquor for
from 10 p.m. to midnight	consumption on the

premises

12B.	Local government or Aboriginal community may choose not to have trading hours extended on the New Year 2000 weekend
On or before 31 October 1999 -

(a)	a local government; or
(b)	the council of an Aboriginal community under the Aboriginal Communities Act 1979,

may notify the Director in writing that it has decided
that it does not want the trading hours of licensed
premises in the district of the local government, or the
community lands of the community, as is relevant,
extended under regulation 12A during the New Year
2000 weekend.

31 August 19991 GOVERNMENT GAZETTE, WA 4259

12C. Receipt and notice of refusal of application to be
kept at premises

(1) A licensee shall keep and retain on the licensed

premises to which it relates for 3 months after receiving

it —

(a)	a receipt given in respect of an application under regulation 12A; and
(b)	a notice refusing an application served under regulation 12A(4).

(2) A licensee shall make a receipt or notice referred to in

subregulation (1) available for inspection by an

authorized officer at the officer's request.

(3) An authorized officer may —

(a)	examine a receipt or notice produced under this regulation;
(b)	make a copy of the receipt or notice; and
(c)	retain the receipt or notice for such reasonable period as may be necessary for the purposes of the Act.

(4) A licensee who contravenes subregulation (1) or (2)

commits an offence and is liable to a penalty of $2 000.

12D. Evidence

In the absence of evidence to the contrary, a copy of a notice refusing an application under regulation 12A in relation to particular licensed premises and certified by the Director as —

(a)	being such a copy; and
(b)	having been served under regulation 12A(4),
is to be taken to be proof that the extended trading

hours specified in the Table to regulation 12A in
relation to the relevant licence are not permitted hours

in relation to those premises.

[* Reprinted as at 8 September 1997.

For amendments to 12 August 1999 see 1998 Index to
Legislation of Western Australia, Table 4, pp. 188-9, and

Gazette 30 April 1999.]

By Command of the Governor,

ROD SPENCER, Clerk of the Executive Council.