Purpose
This factsheet explains what a proceeding before the Director of Liquor Licensing (DLL) is, and how it might be conducted.
What are proceedings before the DLL?
As a licensing authority under the Liquor Control Act 1988 (LC Act) the DLL can determine applications or other matters under that Act. For example, the DLL could consider whether an application for a liquor licence should be granted, or whether an offence has occurred in a licensed premises.
Proceedings in relation to the grant of a licence or permit
If the DLL requires that an application be advertised, the advertisement must include a statement that objections to the application should be lodged with the DLL by a specified date.
Objections to an application can be lodged by any person1 on one or more of the following grounds, namely that the grant of the application would:
- not be in the public interest
- cause undue harm due to the use of alcohol
- cause undue inconvenience to people who reside or work nearby, or are travelling to a place of public worship, hospital or school (existing or proposed)
- decrease the amenity, quiet or good order of the locality
- be contrary to the LC Act.2 For example, the LC Act sets out that new packaged liquor outlets will not be permitted if there are existing liquor stores within a certain distance to the proposed store.3
The following parties may object to,7 or intervene in proceedings before the DLL:
- the Commissioner of Police
- a person authorised by the relevant local government
- the chief executive officer appointed under the Western Australian Tourism Commission Act 1983
- the Chief Health Officer.8
Official submissions
An official may make an official submission to the Director about an application. Such a submission may be an objection as well as an official submission, where it meets both definitions.
The following persons are classified as an official and are permitted to make an official submission:
- the Commissioner of Police;
- local government of the district the relevant licensed premises are located;
- the chief executive officer appointed under the Western Australian Tourism Commission Act 1983;
- the Chief Health Officer;8
an interested person in an application relating to a club licence in relation to certain matters (for example the hours during which the sale of liquor should be authorised under the licence.
How proceedings will be conducted
The DLL will often determine matters on the basis of written submissions but can choose to determine the matter at a conciliatory conference, teleconference or formal hearing. The DLL determines how a matter is to be progressed. For example, the Director may determine an application or matter without conducting a hearing.
Where the Director chooses to conduct a hearing, the procedures in connection with the hearing are to be determined by the Director
The DLL is to act without excessive formality and may:
- make determinations on the balance of probabilities
- adjourn hearings, either on the DLL’s own motion or on the application of any party
- receive submissions and representations, and dismiss or determine applications, in whatever manner the DLL thinks suitable16
- conduct hearings, meetings, consultation and negotiations at the times and places that the DLL decides on.
The DLL is:
- not bound by the rules of evidence or any court procedures
- to act according to equity, good conscience and the merits of each case
- to act as speedily and with as little formality and technicality as is practical17
- able to set aside an application for irregularity if the applicant contravened a requirement or order of the DLL.18
The DLL will determine how a matter is to be progressed.
Reviewable decision
A person aggrieved by a reviewable decision may apply to the State Administrative Tribunal for a review of the decision (s 172O of the Act). Schedule 3 of the Act lists the kind of decisions that are a reviewable decision.
A person aggrieved means:
- For decisions about an application:
- the applicant; and
- a relevant person (defined under section 172N, a ‘relevant person’ includes, for example, a person who makes an objection under section 73(1)) to an advertised application).
- For decisions about barring notices, prohibition orders, exclusion orders or banned drinker orders:
- the person the subject of the notice or order; and
- the Commissioner of Police;
- For decisions about an approval, interim authorisation or business continuity order:
- a person having or seeking the benefit of the approval, authorisation or order
- For a decision under section 89 in relation to a dispute:
- a party to the dispute.
- For decisions about an approval, interim authorisation or business continuity order:
The time limit for review applications to the State Administrative Tribunal are listed under section 172P of the Act. Please visit State Administrative Tribunal (SAT) for further information.
Additional guidance
Further information on licence requirements is available, or contact 61 8 6551 4888.
Disclaimer
The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.
Notes
- LC Act s73(1)
- LC Act s73(1)(e)
- LC Act s36B(3)
- LC Act s73(10)
- LC Act s69(12)
- LC Act s69(13)(a)
- LC Act s73(1)
- LC Act s69
- LC Act s73(4)
- LC Act s69(12)
- Except for some objections which will not be heard, for example, if the DLL determines they are frivolous or vexatious. See s74(4).
- LC Act s16(11)
- LC Act s17(1)
- LC Act s13(5)
- LC Act s13(6)
- LC Act s16(1)
- LC Act s16(7)
- LC Act s(4)(b)
- LC Act s172P(1)
- State Administrative Tribunal Act 2004
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