Posted on June 9th, 2011 by sbawa

Our 25 March 2011 Snapshot focused on the findings of the Auditor General’s Report into the implementation of the Liquor Control Act. This Snapshot follows on from that earlier publication and examines the recommendations made by the Office of the Auditor General as a result of its investigations into the liquor industry. The Report largely [...]

Posted on May 26th, 2011 by sbawa

Without the prior approval of the Director of Liquor Licensing, licensees commit an offence if they: enter into a partnership with another person in relation to the business carried on under the licence; enter into any agreement or arrangement under which another person may participate in the proceeds of the business carried on under the [...]

Posted on May 12th, 2011 by sbawa

Restaurant pays $15,000 penalty for failing to properly indicate menu prices A prominent New South Wales restaurant recently agreed to pay a $15,000 penalty after a customer complained to the Australian Competition and Consumer Commission (ACCC) regarding the way prices were listed on its menu.  Whilst the maximum fine applicable to licensees under the Liquor [...]

Posted on May 10th, 2011 by sbawa

Licensee reminder The licensing authority’s transition toward unrestricted and restricted manager classifications took another step forward yesterday.  The Department of Racing, Gaming and Liquor website was updated to allow approved managers to log on and commence the process of being issued with an ID card.  Managers can now begin the application process by going to [...]

Posted on April 28th, 2011 by sbawa

Liquor licensing: Around the nation It is helpful to monitor changes in liquor licensing laws and policies outside of Western Australia as they occur around the rest of the country because they can potentially be adopted to some extent in this State. In Queensland a classification system has been introduced by which licensed premises with [...]

Posted on April 14th, 2011 by sbawa

Impending changes to the approved manager system An approved manager must be present on licensed premises during trading hours.  Every approved manager must have completed a course of training approved by the Director of Liquor Licensing.  Currently, managers are only authorised to manage specified premises.  An application must be made if that person wishes to [...]

Posted on March 25th, 2011 by sbawa

Licensed premises to face tougher scrutiny A recent report tabled in the Western Australian Parliament has stated that the licensing authority and Western Australian Police are not effectively monitoring or enforcing the responsible service of alcohol.  ‘Raising the Bar: Implementing key provisions of the Liquor Control Act in licensed premises’ was drafted by the Auditor [...]

Posted on March 17th, 2011 by sbawa

Is the tide changing for small bars? The small bar concept was introduced into Western Australian liquor legislation in 2007 when the Liquor Control Act 1988 was significantly amended in an attempt to create a new drinking scene and culture, as well as to try to rid Perth of its ‘dullsville’ tag. The small bar [...]

Posted on March 9th, 2011 by sbawa

Maintaining fitness and propriety Sections 33 and 34 of the Liquor Control Act 1988 require the licensing authority to be satisfied that persons to be approved in positions of authority with respect to any liquor licence are fit and proper. The licensing authority carries out initial assessments of prospective licensees and each individual proposed to [...]

Posted on February 17th, 2011 by sbawa

Licensee liability A recent decision in the District Court has continued the trend of exonerating licensees from claims for damages following injuries resulting from alcohol related incidents.  Mr Weston, the plaintiff, had been drinking at the Princess Road Tavern for three or four hours.  He became aggressive towards a barmaid after she refused him service [...]