Liquor Licensing Control Act 1988
Overview of Licences and Summary of
Mandatory Knowledge for
Objects of the Act",
The minimisation of harm or ill health caused by the use of liquor.
to regulate the sale, supply and consumption of liquor;
to regulate, and to contribute to the proper development of, the liquor, hospitality and
related industries in the State
to cater for the requirements of the tourism industry
to facilitate the use and development of licensed facilities reflecting the diversity of
to provide adequate controls over, and over the persons directly or indirectly involved in,
the sale, disposal and consumption of liquor, and
to provide a flexible system, with formality of technicality as may be practicable, for the
administration of the Act
Liquor Licences and Permits
Club and club restricted
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Obtaining a Liquor Licence
The following will be taken into consideration for anybody applying for a Liquor License:
the creditworthiness of that person;
the character and reputation of that person;
the number and nature of any convictions of that person for offences in any jurisdiction; an
extension of the previous point
the conduct of that person in respect to other businesses or to matters to which this Act
relates; and does the person have the skills and required business ethics to be involved in
the sale of alcohol
any report submitted, or intervention made, under section 69, The commissioner of police
or other agencies may be requested to provide reports as evidence
The licensing authority may require a person wishing to be appointed to a position of
authority in the conduct of a liquor licence to demonstrate relevant knowledge or undertake
training relevant to managing licensed premises.
Licence maybe granted to:
(a) to a natural person;
(b) to a body corporate;
(c) to an unincorporated body of persons in accordance with section 35A; or
(d) jointly to two or more of the above.
Where a licence is granted to 2 or more persons, those persons are jointly and severally liable -
(a) as licensee; and
(b) in respect of any civil or criminal liability that attaches to the licensee under this Act.
The most common offences committed under the Liquor Control Act are those that involve:
Trading outside permitted hours
Trading contrary to a condition of the licence
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Trading without an approved manager
Noise and Behaviour
Licensees are obliged to operate their licensed premises in a manner that that does not have a
negative impact on the surrounding community. This means that the Licensee is not only
responsible for what happens on their premises, but also for issues that effect people, property
and businesses due to the manner in which licence is operated.
Obligations of Licensee
All licensees must provide free, potable drinking water for consumption on the premises
during all hours that liquor is available.
Members of the Police Force have the power to close licensed premises if they believe that
the closure is in the best interests of the community.
The manager may declare ‘special events’ and the Director licensing issue ETP’s for these
events.(Extention to Trading Permit)
Police will have enhanced power including that of destroying opened and unopened liquor
The Liquor Licensing Act obligates those people involved in the running of licensed premises
to refuse service to drunken persons and to those people it deems it would otherwise be
inappropriate to sell alcohol to.
Obligations of Licensee
Legislation will enable the Director of Liquor Licensing to ban a person from entering or
being employed on, licensed premises under a prohibition order.
Persons removed from, or refused entry to licensed premises must leave the area of the
premises, including car parks. Failure to do so immediately may result in Police action
including a ‘move on’ notice.
All licenses must maintain an incident register to be available for inspection at all times. For
format, see RGL website.
Parties to liquor accords may request the Director to vary, impose or cancel conditions on
Licensees can sell over the internet if:
They have a valid license
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Do not sell to juveniles
Provide specific information (see ‘Sale of liquor on internet’ policy at www.rgc.wa.gov.au)
Do not sell prohibited alcohol products
There are numerous Acts and Regulations that licensees need to be aware of, these include:
Liquor Control Act
Security and Related Activities (Control) Act
Racial Discrimination Act
Equal Employment Opportunity Act
Occupational Safety and Health Act
Fair Trading Act
Gaming Commission Act
Local Government Act
Workers Compensation Act
Food Regulations Act
Environment Protection Act
Each of these Acts can have an impact on the operation of licensed premises, and as with any
business, owners and managers should be proactive in ensuring compliance to facilitate ongoing
operation of the business.
Responsibilities and Liabilities
Duty of Care
A duty of care is a duty owed by one person to another and based on the particular
relationship. A duty of care is not a one sided obligation; if you owe a duty of care to an
individual, they also owe a duty of care to you.
To be liable for negligence in relation to another person, an individual must owe a legal duty
of care to that other person.
Negligence is the basis of most personal injury cases. Its four elements are as follows:
1. The defendant owed a duty of due care (that is, bound to act as a reasonably
prudent person under the circumstances) to the plaintiff
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2. The defendant breached that duty
3. The defendant's breach was the legal and proximate cause of injury to the
4. The plaintiff suffered damages as a result of the defendant's actions.
These elements are often summarized as the formula of "duty, breach, causation, and damages."
Obviously, whether any given injury can be brought as a negligence claim depends upon whether a
lawyer can convince a court that the defendant owed the plaintiff a duty of due care to not inflict
the particular injury at issue.
In contract law, a misrepresentation occurs when a party to a contract makes a representation by
words or conduct that conveys a false or misleading understanding. For example, under certain
circumstances, false statements or promises made by a seller of goods regarding the quality or
nature of the product that the seller has may constitute misrepresentation.
There are three different classification of misrepresentation.
1. Innocent Misrepresentation When the representation is made with an honest belief
that it is true.
2. Negligent Misrepresentation When the representation is made carelessly. It is a
requirement that the maker of the representation knew or ought to have known
that the representations were likely to be acted upon. Naturally, the representations
must be false, and made negligently, i.e. without taking appropriate care.
3. Fraudulent Misrepresentation When the representation is made with intent to
deceive and with the knowledge that it is false.
Occupational Safety and Health Act
Employers have a duty under the Occupational Safety and Health Act to provide a safe
workplace. They must develop safe systems of work and provide supervision, instruction and
training. They must consult with employees and safety and health representatives on
occupational safety and health matters.
Employees must take reasonable care to protect themselves and others from hazards in the
workplace. They must cooperate with employers, follow safe work procedures and use
For an employee to succeed in a damages claim in which it is alleged that the system of work
was unsafe four elements must be proved:
1. Foreseeability: That the employer's operations involved a risk of injury that was
2. Preventability: That there was a reasonable practicable means of obviating that risk.
3. Causation: That the employee's injury was caused by the risk in question.
4. Reasonableness: That the failure of the employer to eliminate the risk showed a
want of reasonable care for the employee's safety.
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The investment made in obtaining a liquor licence is quite considerable and the potential for
exposure to risk can be significant if the licence is not operated in accordance with the requirements
of the Liquor Control Act.
Generally, risk management is the process of measuring, or assessing risk and then
developing strategies to manage the risk. In general, the strategies employed include:
Transferring the risk to another party.
Avoiding the risk.
Reducing the negative effect of the risk, and
Accepting some or all of the consequences of a particular risk.
This section discusses some strategies to manage the risks associated with operating licensed
To be successful in any business you must provide for the needs of your customers,
Once you have a clear understanding of the type of business you wish operate and the way
you wish to operate it, you then need to determine if this fits with your customer's needs.
You will need to have an understanding of:
1. Who - your customers are
2. What - they come for
3. When - they come
4. Why - they come to you
5. Where - they come from
If your customer's expectations do not match your vision you will need to re-evaluate the
operation of the business. This means that you will need to do one of two things:
Change the business to meet the expectations of existing customers or
Change the business to attract new customers
At the end of the day it is up to the business operator to make the changes required for the
business to succeed.
Responsible Service of Alcohol
The reasons for providing responsible service of alcohol are both moral and legal. Moral
reasons relate to your concern for the wellbeing of another person. Legal reasons include
concerns over negligence in civil matters along with the liability and legislative requirements
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under the Liquor Control Act. This is now clearly demonstrated with the object of the Act
that refers to harm minimisation.
Elements and Performance Criteria
Identify customers to whom service may be refused
Prepare and serve alcoholic beverages responsibly
Assist customers to drink within appropriate limits
Assist alcohol affected customers
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