Licence types and trading hours

Related policies

The Act provides for the grant of a hotel licence, hotel restricted licence, tavern licence and a tavern restricted licence. However, they are all referred to as a hotel licence and vary in the manner of trade and trading restrictions in accordance with section 41 of the Act. These are outlined below.

Hotel

Authorise the sale and supply of liquor, for consumption on and off the licensed premises and must provide accommodation.

Hotel restricted

Authorises the sale and supply of liquor for consumption on the premises only (i.e. no packaged liquor sales except to a lodger and only in such quantities that might be reasonably consumed by that lodger on that day). It is also subject to the conditions that it provides accommodation.

Tavern

Authorises the sale and supply of liquor for consumption on and off the licensed premises. A holder of a tavern licence does not need to provide accommodation.

Tavern restricted

Authorises the sale and supply of liquor for consumption on the licensed premises only (i.e. no packaged liquor sales). A holder of a tavern restricted licence does not need to provide accommodation.

Trading hours 

In respect to a hotel and hotel restricted licence the licensee is authorised to sell liquor to a lodger at any time.

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (s 110(6A)).

A liquor store licence under section 47 of the Act authorises the sale and supply of liquor for consumption off the licensed premises. This includes situations where the liquor is being sold online to the general public.

Provision of tastings

An application for a liquor store can include a request to authorise free tastings. Free tastings are permitted for:

• Consumption on a part of the licensed premises as approved by the licensing authority.
• For consumption off the premises.

The sample amounts that can be offered by licensees when conducting tastings are:

• Wine 50ml
• Beer 100ml
• Spirits 15ml

Tastings on other licensed premises (wine and food shows)

Section 59A of the Act authorises a liquor store licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Trading hours

Metropolitan region

The Perth Metropolitan Region Scheme is defined by the WA Planning Commission.

Perth Metropolitan Region Scheme map (pdf) 1065 KB

A nightclub licence under section 42 of the Act authorises the sale and supply of liquor for consumption on the licensed premises. A nightclub licence is subject to the condition that liquor may only be sold ancillary to continuous live entertainment provided by one of more artists present in person performing there, or by way of recorded music presented by a DJ.

Trading hours

An occasional licence under section 59 of the Act is granted for an event that can not be covered under another type of licence. An occasional licence allows an individual, a group of people, a company or an incorporated association the ability to supply and sell liquor to people attending an event.

Trading hours

There are no specific trading hours set out under the Act for occasional licences. However, when assessing an application the start and finish times, as well as the duration of the period in which liquor will be consumed are considered to ensure harm minimisation principles are adhered to.

A producer’s licence under section 55 of the Act primarily authorises the licensee to sell liquor that has actually been produced by, or under the control or direction of, that person. However, the licensee is also authorised to sell or supply liquor, other than liquor produced by the licensee if the liquor is consumed ancillary to a meal in a dining area on the licensed premises or for the purpose of tastings.

Requirements to be met

Wine is deemed to be produced by the licensee if it was fermented from produce grown on the property of the licensed premises or the fermentation process occurred at the licensed premises.  Spirits distilled from wine must either be distilled on the licensed premises or distilled under the control or direction of the licensee.

Beer and other spirits must be brewed/distilled on the licensed premises to be deemed liquor produced by the licensee. Liquor containing spirits can only contain spirits distilled by the Producer or under the control or direction of the licensee.

A producer must maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase of liquor. A return of all liquor transactions made during the previous financial year is due by 31 July each year.

Consumption on the premises

Generally, a producer’s licence is authorised to sell and supply take-away liquor for consumption off the licensed premises.

A producer's licence can also include an area on the licensed premises for the conduct of tastings or consumption subject to appropriate facilities such as toilets being available and local health and planning approvals having been issued.

Liquor not produced by the licensee can only be sold if it is ancillary to a meal or for the purposes of tastings.

What is considered to be a 'genuine producer' under the Act

Wine

The licensing authority must be satisfied that there is a sufficient yield from the vineyard/orchard or apiary to enable the applicant to be regarded as a genuine producer of liquor (tonnage sufficient to produce 5000 bottles of liquor).

Beer

Beer producers must possess commercial grade and scale of production facilities which involve the processing and fermentation of grain and encompasses the entire brewing process.

Spirits

Spirit producers must possess commercial grade and scale of production facilities in order to distil base products to produce spirits.

Telephone and internet sales

A licensee of a producer’s licence is also authorised to sell liquor produced by the licensee from any place if the sale of liquor is made by way of a telephone or the internet and the liquor sold in that manner is delivered to the purchaser, or to premises specified by the purchaser, from the licensed premises or an approved off-site storage location.

Conditions relating to blending and cleanskins

The holder of a producer’s licence cannot lawfully purchase wine that has been produced by another person and then label or re-label that wine for subsequent sale, as the wine would not constitute liquor that has been genuinely produced by that person.

Where a licensed producer authorised to sell wine, purchases wine for the purposes of blending, at least 50% of the blended wine must come from wine produced by the licensee, so that the final product is unique to that person’s own produce.
 

Similarly, if the holder of a producer’s licence buys wine already bottled (for example cleanskins) and then allows it to mature in the bottle, this is not considered to be production of wine, and the person cannot sell that wine under a producer’s licence.

Tastings on other licensed premises

Section 59A of the Act authorises a producer’s licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

The sample amounts that can be offered by licensees when conducting tastings are:

• Wine 50 ml
• Beer 100 ml
• Spirits 15 ml

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (s 110(6A)).

Trading hours

Generally, a licensee is authorised by a producer’s licence to trade at any time. However, with respect to ANZAC Day, Christmas Day, Good Friday and liquor sold for consumption on the licensed premises the following trading hours apply:

• On ANZAC Day, trading can occur between 10 am and 12 midnight.
• On Christmas Day and Good Friday, trading can occur between 10 am and 12 midnight but only for liquor sold for consumption on the licensed premises.
• The sale of beer and spirits for consumption on the licensed premises where authorised, between 10 am and 12 midnight. 

A restaurant licence under section 50 of the Act, authorises the sale and supply of liquor to persons on the licensed premises for consumption with a meal supplied by the licensee.

In essence, the business should be focused on the regular supply of genuine meals. The supply of liquor should be secondary to this.

The premises must have a kitchen for preparing food. It must also have sufficient toilet facilities for patrons and staff. In addition, the dining area must always be set up with tables and chairs for dining.

The licensing authority may impose certain conditions on the grant of a restaurant licence to ensure the nature of the business conducted under the licence conforms with representations made to the licensing authority when applying for the grant of the licence or other proceedings under the Act.

Licensees need to be careful when advertising the business to ensure that liquor is not used as an attraction to the premises.

Trading hours

Unconsumed wine

A person may bring their own liquor onto licensed premises (with the consent of the licensee), to consume it with a meal provided by the licensee. A person may also remove any unconsumed portion of that liquor from the licensed premises when they leave, regardless of whether they purchased the liquor on the premises or brought the liquor with them (s 110).

A small bar licence authorises the sale and supply of liquor for consumption on the licensed premises only (such as no packaged liquor sales). It is also subject to the condition that no more than 150 persons may be present on the licensed premises at any one time.

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (section 110(6A)).

Trading hours

A special facility licence under section 46 of the Act authorises the holder of the licence to sell liquor in accordance with the conditions imposed on the licence based on the tenor of the business.

The Act provides that the licensing authority shall not grant a special facility licence except for a prescribed purpose. The Act further provides that a special facility licence should not be granted or varied if granting or varying a licence of another class, or imposing, varying or cancelling a condition on a licence of another class, or issuing an extended trading permit in respect of another class of licence, would achieve the purposes for which the special facility licence is sought.

The licensing authority may substitute an alternative type of licence where an applicant seeks the grant of a special facility licence, but in the view of the licensing authority a licence of another class would be adequate for the purpose. Furthermore, an existing special facility licence cannot be varied to such an extent that a licence of another class, with or without permits, would achieve the purpose.

The 15 different special facility sub-classifications are:

Amusement venue

A special facility licence may be granted for the purpose of allowing the sale of liquor at an amusement venue to persons in the venue.

An amusement venue is defined as a premises which is primarily being used for:

• the playing and viewing of snooker, bowling, electronic games or any similar type of amusement; or
• to participate in or view karaoke.

Auction

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.

A licence granted for this purpose may permit the supply of samples of the packaged liquor that is for auction, for tasting.

Bed and breakfast facility

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) to persons staying at the facility.

Catering

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

A ‘caterer’ is defined as a person who:

• is in the business of providing food for consumption at functions; and
• carries on a food business as defined in section 10 of the Food Act 2008.

Foodhall

A special facility licence may be granted for the purpose of allowing the sale of liquor at a foodhall to customers of the foodhall for consumption ancillary to a meal.

Online wine sales

A special facility licence may be granted for the purpose of allowing the online sale of packaged wine for consumption away from the licensed premises (the licensed premises may be a home office). The licence only allows the licensee to sell wine produced by holders of a Western Australian producer's licence.

Reception or function centre

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.

Room service restaurant

A special facility licence may be granted for the purpose of allowing the sale of liquor to customers at the room service restaurant whether or not ancillary to meals eaten at the restaurant if:

1. The liquor is consumed at the restaurant:
   1. During the hours that are permitted hours under a hotel licence; and
   2. By customers while sitting at a table, or at a fixed structure used as a table; and
2. The sale and consumption of the liquor are in accordance with any conditions imposed on the special facility licence by the licensing authority.

A room service restaurant is defined as 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).

Sports arena

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.

Theatre or cinema

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.

Tourism

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:

• an attraction for tourists; or
• a facility that enhances the State’s tourist industry.

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

A tourist is defined as a person who is:

• staying at a place that is at least 40 kilometres from his or her usual place of residence for a period of at least one night
• intending to stay away from his or her usual place of residence for a period of less than 12 months
• 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
• travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.

Transport

A special facility licence may be granted for the purpose of allowing the sale of liquor to passengers and their guests:

• at an airport, railway station, bus station or seaport; or
• on a train, bus, ship or vehicle.

A special facility licence of this nature may also be granted for the purpose of allowing the sale of liquor at another place of the licensee provided that the sale and supply is in connection with a booking for travel on a train, bus, ship or vehicle.

Vocational and education training course

A special facility licence may be granted for the purpose of allowing the sale or supply of liquor by vocational and education training institution or a higher education institution to provide:

1. For the tasting of liquor by students/trainees as part of the course curriculum and the sale and supply of liquor by students/trainees for the purposes of a course of instruction or training conducted by the institution in which the students are enrolled.
2. For the sale of liquor that is produced as part of an approved viticulture course, provided the liquor is only sold or supplied during a special event; and in an area approved by the Director. The liquor must be sold or supplied by persons aged 16 years or older; and the amount of liquor being sold or supplied is limited:
   1. In the case of liquor supplied for consumption on the grounds of the institution, to the supply of free 30 ml samples for tasting purposes; or
   2. In the case of packaged liquor, to the provision of not more than 9 litres per person and per transaction.
   3. In the case of liquor supplied to a liquor merchant, points (i) and (ii) apply however prior approval must be sought from the licensing authority.

Tasting of liquor will only be authorised in circumstances where the students/trainees are 16 years or older, the student/trainee is supervised at all times and the activity they are undertaking is being assessed for the purposes of an accredited hospitality qualification in which they are enrolled.

An approved viticulture course is defined as a course that delivers Units of Competency from the Food Processing Industry Training package (Wine Sector) leading to a qualification recognised under the:

• Australian Qualifications Framework; and
• a higher education course relating to viticulture.

A special event is defined as a graduation  ceremony, speech night or annual open day that relates to vocational education and training institution or higher education institution, or any other related event approved in writing by the Director.
 

A vocational education and training institution includes a secondary school if the relevant course of instruction or training conducted by the school is vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).

Vocational education and training institutions

A special facility licence may be granted for the purpose of allowing the sale of liquor at a vocational education and training institution or a higher education institution to students and staff of the institution and their guests.

Works canteen

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

The Liquor Control Regulations 1989 (the regulations) defines ‘workers’ as persons working on a project or for a business in relation to which a works canteen is provided.

A ‘works canteen’ is defined as 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.

Trading hours

The trading hours for each special facility licence are determined individually by the Director of Liquor Licensing.

Sale of packaged liquor

In addition to the sale of liquor for consumption on the licensed premises the special facility licence types that permit the sale of packaged liquor are works canteen, tourism, room service restaurant, vocational education and training course or auction.

Exemption from section 37(5) of the Act

Unlike other licences it is possible to have the the requirements of section 37(5) of the Act, pertaining to the applicant demonstrating that it will solely occupy, and retain the right to occupy, the licensed premises to the exclusion of others waived, for works canteen, transport, sports arena, foodhall, education and training institution, approved viticulture course, catering, bed and breakfast facility, room service restaurant, tourism or auction.

A wholesaler’s licence under section 58 of the Act authorises the licensee to sell liquor for consumption off the licensed premises in any amount to liquor merchants.

A licensee of a wholesaler’s licence may sell liquor for consumption off the licensed premises to members of the general public as well, but it must be supplied in aggregate quantities of not less than 4 litres at a time and the wholesaler needs to maintain at least 90% of the gross turnover from sales of liquor to liquor merchants or persons otherwise authorised to sell liquor.

Requirements

A wholesaler must maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase of liquor. A return of all liquor transactions made during the previous financial year is due by 31 July each year.

Provision of tastings

Generally, a wholesaler’s licence is authorised to sell and supply liquor for consumption off the licensed premises. The licensee can also seek to include an area on the licensed premises for the conduct of free tastings subject to appropriate facilities such as toilets and local health and planning approvals.
 

Section 59A of the Act authorises a wholesaler’s licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Storage and distribution of liquor

Licensees who wish to licence premises that are located in a residential area may be restricted from receiving customers onto their premises, and also from storing liquor on those premises. Approval may be given by the licensing authority to a licensee to store liquor at or supply and deliver liquor from, a premise other than the licensed premises.

Trading hours