Liquor Licensing Amendment Regulations (No. 4) 2001 (WA)

No judgment structure available for this case.

4 January 2002 GOVERNMENT GAZETTE, WA
RG301*
Liquor Licensing Act 1988

into operation.
Liquor Licensing Amendment

Regulations (No. 4) 2001

Made by the Lieutenant-Governor and deputy of the Governor in
Executive Council.
1. Citation

These regulations may be cited as the Liquor Licensing
Amendment Regulations (No. 4) 2001.
2. Commencement
These regulations come into operation on the day on which section 5 of the Liquor Licensing Amendment Act 2001 comes

8

GOVERNMENT GAZETTE, WA

4 January 2002

3. The regulations amended

The amendments in these regulations are to the Liquor
Licensing Regulations 1989*.
[* Reprinted as at 7 January 2000.
For amendments to 5 December 2001 see 2000 Index to Legislation of Western Australia, Table 4, p. 198-9, and Gazette 6 and 17 July, 28 September and 2 October 2001.]

4. Regulation 9A replaced by regulations 9A to 9C
Regulation 9A is repealed and the following regulations are inserted instead -

9A. Purposes for which a special facility licence may be
,granted
Works canteen

(1)

A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other premises specified in the licence, to
workers and their guests.
(2) A licence granted for this purpose may permit the sale
of packaged liquor.
(3) In subregulation (1) -

"workers" means the persons working on a project or for a business in relation to which a works canteen is provided;
"works canteen" means a canteen, located at or near

the place where a project is being undertaken or a
business carried on, catering for the needs of
persons working on the project or for the business.

Theatre or cinema

(4) A special facility licence may be granted for the
purpose of allowing the sale of liquor at a theatre or
cinema to persons attending a performance or film at
the theatre or cinema.
Reception or function centre

(5) A special facility licence may be granted for the
purpose of allowing the sale of liquor at a reception or
function centre (being premises primarily used as a
venue for functions and receptions) to persons
attending a reception or function at the centre.

4 January 2002 GOVERNMENT GAZETTE, WA 9
Transport
(6) A special facility licence may be granted for the

purpose of allowing the sale of liquor -

(a)

at an airport, railway station, bus station or seaport; or
(b) on an aeroplane, train, bus, ship or vehicle,
to passengers and their guests.
Tourism
(7) A special facility licence may be granted for the
purpose of allowing the sale of liquor to persons likely
to be attracted to, or present at, a place that, in the
opinion of the licensing authority, is or will become -

(a) an attraction for tourists; or

(b)

a facility that enhances the State's tourist industry.

(8) A licence granted for this purpose may permit the sale
of packaged liquor.

(9) In subregulation (7) -

"tourist" means a person who is -

(a)
staying at a place that is at least residence for a period of at least one night;

(b)

intending to stay away from his or her usual place of residence for a period of less than 12 months;

(c)

not in the course of travelling on a regular journey between his or her usual place of residence and his or her place of work or

education; and

(d)

travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.
Post secondary educational institution

(10) A special facility licence maybe granted for the

purpose of allowing the sale of liquor at a post
secondary educational institution to students and staff
of the institution and their guests.
Sports arena

(I I) A special facility licence may be granted for the

purpose of allowing the sale of liquor at a sports arena
(being premises primarily used for playing and viewing
sport) to persons playing or viewing sports, or
attending any other event, at the arena.

10

GOVERNMENT GAZETTE, WA

4 January 2002

Foodhall
(12) A special facility licence maybe granted for the
purpose of allowing the sale of liquor at a foodhall to
customers of the foodhall for consumption ancillary to
a meal.

Catering
(13) A special facility licence may be granted for the
purpose of allowing the sale, by a caterer, of liquor
supplied at premises at which the caterer has agreed to
provide liquor (whether with or without food), for
consumption by persons at that premises.

Bed and breakfast facility
(14) A special facility licence may be granted for the
purpose of allowing the sale of liquor at a bed and
breakfast facility (being an accommodation facility that
offers bed and breakfast facilities to guests) to persons
staying at the facility.

Room service restaurant

(15) A special facility licence maybe granted for the
purpose of allowing the sale, at or from a room service
restaurant -

(a)

of liquor to customers at the restaurant for consumption ancillary to meals eaten in the restaurant; and

(b)

of packaged liquor supplied from the restaurant as room service to the accommodation serviced by the restaurant, whether ancillary to a meal or not.

(16) A special facility licence granted for the purpose
referred to in subregulation (15) may also be granted

room service restaurant of liquor other than ancillary to for the additional purpose of allowing the sale at the
a meal if—

(a)

dining tables making up not more than 20% of the restaurant's seating capacity are set aside for the consumption of liquor other than ancillary to meals; and

(b)

the liquor is sold for consumption at those tables.

(17) In subregulations (15) and (16)—

"room service restaurant" means a restaurant that

provides room service to persons residing or
staying in residential accommodation on the same
premises as the restaurant or adjacent premises
(not being accommodation provided by the
licensee).

4 January 2002 GOVERNMENT GAZETTE, WA 11
Amusement venue

(18) A special facility licence may be granted for the
purpose of allowing the sale of liquor at an amusement
venue (being premises the primary purpose of which is
the playing and viewing of snooker, bowling, electronic
games or other similar amusements) to patrons at the
venue.
Interstate wine club

(19) A special facility licence may be granted for the
purpose of allowing an interstate liquor merchant to
sell packaged liquor, sent from the State or Territory in
which the merchant is licensed, to persons in Western
Australia who are members of a wine club.
(20) A licence granted for this purpose does not permit the
sale of liquor other than packaged liquor.
(21) In subregulation (19) -
"interstate liquor merchant" means a person who is
authorised under the law of another State or of a Territory to sell packaged liquor by sending it to persons outside that State or Territory.

Auction

(22) A special facility licence may be granted for the
purpose of allowing the sale by auction of packaged
liquor at premises specified in the licence.
(23) A licence granted for this purpose does not permit the
sale of liquor other than packaged liquor.

9B. Sale of packaged liquor
Unless otherwise provided in regulation 9A, a special

facility licence -

(a)

permits the sale of liquor for consumption on the licensed premises; and
(b) does not permit the sale of packaged liquor.

9C. Types of special facility licences that may be
exempted

For the purposes of section 46(6) of the Act a special facility licence is a licence of a type prescribed if it is granted for a purpose described in one of the following
regulations -

(a) regulation 9A(1) - works canteen;
(b) regulation 9A(6) - transport;

(c) regulation 9A( 11) - sports arena;
(d) regulation 9A(12) - foodhall;

12

GOVERNMENT GAZETTE, WA

4 January 2002

(e) regulation 9A(13) - catering;
(f) regulation 9A(14) - bed and breakfast facility;
(g) regulation 9A(15) and (16) - room service restaurant;
(h) regulation 9A( 19) - interstate wine club;
(i) regulation 9A(22) - auction.

5. Schedule 1 amended
Schedule 1 is amended by deleting Form 2 and inserting the following form instead -
44

Form 2

Liquor Licensing Act 1988

[Section 681

APPLICATION FOR LICENCE
(For a Club Licence use Form 3 and for an Occasional Licence use Form 4 or 5)

To the Director of Liquor Licensing
Applicant's details
(If there are 2 or more applicants, give detail for each one)
Name
Address
Postcode

Address for service of documents
Postcode

Address for service of documents after application is determined
Postcode

Contact person

Phone No. Mobile
Date of birth (If applicant is an individual)
Manager (if not the applicant)
Name
Address
Postcode

Place of Birth Date of birth

Application details

Type of licence U Hotel U Hotel (Restricted)

U Hotel (Tavern)

U Cabaret U Casino U Liquor store
U Restaurant U Producer's U Wholesaler's
U Special facility

Premises to be licensed
Address
Postcode

Certificate of Title Volume Folio
Trading name

Is the premises owned by the applicant? U Yes U No
If no, give details of owner and applicant's tenure
Name
Address
Postcode

Applicant's tenure U Lease U Other____________________ Duration of lease/tenure____________________________________________

Is licence conditional on construction or completion of the premises? U Yes_U No

4 January 2002 GOVERNMENT GAZETTE, WA 13
ComDanv details
(10 be filled in if applicant is a company)
ACN number
Place of registration
Date of incorporation/registration
Directors and other officers
(Give details of all directors, company secretaries, executive officer and any other officers)
Name Office Address

Postcode_________________

Place of Birth Date of birth

Name Office Address
Postcode_________________
Place of Birth Date of birth

Name Office Address
Postcode_________________
Place of Birth Date of birth

Name Office Address
Postcode_________________
Place of Birth Date of birth
Shareholders
(To be filled in if applicant is a proprietary company. Give details of all shareholders)
Name
Address

Postcode_________________

Place of Birth Date of birth
Name
Address
Postcode_________________
Place of Birth Date of birth

Name
Address

Postcode_________________

Place of Birth Date of birth
Name
Address
Postcode_________________
Place of Birth Date of birth
Trusts

Will the company hold the licence as a trustee? L1 Yes U No
If the applicant is a proprietary company, does any shareholder hold the shares as a

trustee? U Yes U No
If yes, give full details of the trust (including the name, address and date of birth of all beneficiaries)

14

GOVERNMENT GAZETTE, WA

4 January 2002

Special conditions
Liquor store licence

Is approval sought for a sampling area? U Yes UN0
If yes, part of premises to be used as sampling area
Wholesaler's or producer's licence

Is approval sought for a sampling area? U Yes U No
If yes, part of premises to be used as sampling area

Is approval sought to store liquor off the licensed premises? UYes UNo
If yes, address of storage premises
Postcode

Special facility licence
Purpose for which licence is required (see Liquor Licensing Regulations 1989,r. 9A)

U Works canteen U Theatre or cinema U Reception or function centre
U Transport

U Tourism U Post secondary educational institution
U Sports arena

U Foodhall U Catering

U Bed and breakfast facility U Room service restaurant
U Amusement venue U Interstate wine club U Auction
Trading hours sought

Monday am/pm to am/pm
Tuesday am/pm to am/pm
Wednesday am/pm to am/pm
Thursday am/pm to am/pm
Friday am/pm to am/pm
Saturday am/pm to am/pm
Sunday am/pm to am/pm
Is approval sought to sell liquor on -

U Christmas Day U Christmas Day U Anzac Day
Any special trading condition being sought
Extended trading permit

Is an extended trading permit sought? U Yes U No
If yes, give details
Purpose (see Liquor Licensing Act 1988, s. 60(4))
Permit requested for -

U Part of the licensed premises. Give details
U Other area. Give details
Trading hours sought

Declaration
(Must be signed by all applicants)
The applicant declares that all the information in this form and in any supporting documents is true and correct and no relevant information has been omitted.

If applicant is a Company
The common seal of
]

was affixed by authority Date
of the directors
Director Signature
Name

Director Signature
Name

4 January 2002 GOVERNMENT GAZETTE, WA 15
If applicant is one or more individuals

Signature Date / /
Witness Signature
Name

Signature Date / /

Witness Signature
Name

1,

By Command of the Lieutenant-Governor and deputy of the Governor.
M. C. WAUCHOPE, Clerk of the Executive Council.

Actions

Download as PDF Download as Word Document

Citations

Liquor Licensing Amendment Regulations (No. 4) 2001 (WA)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

(1)	A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other premises specified in the licence, to
workers and their guests.
(2)	A licence granted for this purpose may permit the sale of packaged liquor.
(3)	In subregulation (1) -
"workers" means the persons working on a project or for a business in relation to which a works canteen is provided;
"works canteen" means a canteen, located at or near

(a)	at an airport, railway station, bus station or seaport; or
(b)	on an aeroplane, train, bus, ship or vehicle,

(a)	an attraction for tourists; or
(b)	a facility that enhances the State's tourist industry.

(b)	intending to stay away from his or her usual place of residence for a period of less than 12 months;
(c)	not in the course of travelling on a regular journey between his or her usual place of residence and his or her place of work or
education; and
(d)	travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.

(a)	of liquor to customers at the restaurant for consumption ancillary to meals eaten in the restaurant; and
(b)	of packaged liquor supplied from the restaurant as room service to the accommodation serviced by the restaurant, whether ancillary to a meal or not.

room service restaurant of liquor other than ancillary to	for the additional purpose of allowing the sale at the
a meal if—
(a)	dining tables making up not more than 20% of the restaurant's seating capacity are set aside for the consumption of liquor other than ancillary to meals; and
(b)	the liquor is sold for consumption at those tables.

(19)	A special facility licence may be granted for the purpose of allowing an interstate liquor merchant to sell packaged liquor, sent from the State or Territory in which the merchant is licensed, to persons in Western Australia who are members of a wine club.
(20)	A licence granted for this purpose does not permit the sale of liquor other than packaged liquor.
(21)	In subregulation (19) - "interstate liquor merchant" means a person who is

(22)	A special facility licence may be granted for the purpose of allowing the sale by auction of packaged liquor at premises specified in the licence.
(23)	A licence granted for this purpose does not permit the sale of liquor other than packaged liquor.
9B.	Sale of packaged liquor
Unless otherwise provided in regulation 9A, a special

facility licence -
(a)	permits the sale of liquor for consumption on the licensed premises; and
(b)	does not permit the sale of packaged liquor.

9C.	Types of special facility licences that may be exempted
For the purposes of section 46(6) of the Act a special facility licence is a licence of a type prescribed if it is granted for a purpose described in one of the following
regulations -

(a)	regulation 9A(1) -	works canteen;
(b)	regulation 9A(6) -	transport;
(c)	regulation 9A( 11) -	sports arena;
(d)	regulation 9A(12) -	foodhall;

(e)	regulation 9A(13) - catering;
(f)	regulation 9A(14) - bed and breakfast facility;
(g)	regulation 9A(15) and (16) - room service restaurant;
(h)	regulation 9A( 19) - interstate wine club;

Phone No.	Mobile
Date of birth (If applicant is an individual) Manager (if not the applicant)

U Cabaret	U Casino	U Liquor store
U Restaurant	U Producer's	U Wholesaler's
U Special facility

Place of Birth	Date of birth
Name Office Address
Postcode_________________
Place of Birth	Date of birth
Name Office Address
Postcode_________________
Place of Birth	Date of birth
Name Office Address
Postcode_________________
Place of Birth	Date of birth
Shareholders

Place of Birth	Date of birth
Name Address
Postcode_________________
Place of Birth	Date of birth
Name
Address

Monday	am/pm	to	am/pm
Tuesday	am/pm	to	am/pm
Wednesday	am/pm	to	am/pm
Thursday	am/pm	to	am/pm
Friday	am/pm	to	am/pm
Saturday	am/pm	to	am/pm
Sunday	am/pm	to	am/pm

was affixed by authority	Date
of the directors
Director Signature