Legislation

Western Australia

WA Government Agency

In Western Australia, the state government office responsible for developing and maintaining legislation and policy relating to liquor is the Department of Racing, Gaming and liquor (RGL).

The Legislation

The key legislation in WA that covers the sale and supply of alcohol includes the:

  • Liquor Control Act 1988: An Act to regulate the sale, supply and consumption of liquor, the use of premises on which liquor is sold, and the services and facilities provided in conjunction with or ancillary to the sale of liquor, to minimise harm or ill health caused to people, or any group of people due to the use of liquor, to provide for orders that may prohibit persons from being employed at, or from entering, licensed premises, to repeal the Liquor Act 1970, and for related matters
  • Liquor Control Regulations 1989: The objectives of this regulation is to prescribe the minimum standard operating procedures for licensed and BYO premises throughout Western Australia.

The legislation identifies:

  • Who alcohol may not be served to e.g. minors or unduly intoxicated persons
  • When alcohol may be consumed e.g. trading hours on licences
  • How alcohol may be sold e.g. authorities related to different licence types

The legislation sets out a range of requirements such as:

  • The need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour),
  • The need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor,
  • The need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life.

Responsibilities Under The Legislation

The Western Australia liquor laws contain extensive harm minimisation provisions to minimise the potential for the misuse and abuse of alcohol. Also industry is required to:

  • Have regard to the need to minimise alcohol-related harm;
  • Encourage responsible attitudes towards drinking in the community; and
  • Ensure alcohol sales and drinking does not detract from the amenity of the community.

Under the legislation, the licensee, approved manager and staff may all be held accountable for their actions. The legislation aims to ensure that alcohol is sold by responsible people and that the possible harmful effects of alcohol are minimised or avoided. This is also referred to as ‘harm-minimisation’.

The following individuals have responsibilities under the legislation and can face fines if they do not comply with the requirements.

  • Licensee
  • Manager
  • Bar staff
  • Security
  • Hosts/Hostesses
  • Glassies
  • Any staff in involved in the sale of supply of Alcohol
  • Customers


Responsibilities

Licensee / Managers
  • Must prevent intoxication and/or disorderly or offensive behaviour on licensed premises
  • Permits drunkenness; or violent, quarrelsome, disorderly or indecent behaviour
  • Must remove juvenile who are at risk from the premises
  • Must provide drinking water free or at a reasonable fee

Bar Staff/ Hosts/ Glassies/ Other Sale Staff/ Security
  • Ensure liquor is not sold or supplied to:
    - Juveniles (under 18 years of age)
    - Person in a Drunk state
    - Acting in an offensive manner
  • Must no make a false statement to investigators
  • Must remove juvenile who are at risk from the premise
  • Must provide drinking water free or at a reasonable fee

Juveniles

  • A juvenile must not obtain or consume liquor in regulated premises
  • Must not supply or be in possession of a fake ID
  • Must not pursued a person to obtain alcohol for them
  • Must not attempt to purchase alcohol

Customers (Non-Juveniles)

  • Not sell or supply alcohol to any another patron who is a juvenile
  • Must not aid a drunk person to obtain liquor
  • Must cooperate with direction of the licensee
  • Must not return to the premise for 24 hours after being evicted

Fines And Penalties For: Licensee/Managers

Responsibility:
Must prevent intoxication and/or disorderly or offensive behaviour on licensed premises

Fines & Penalties:
Supplying liquor to a juvenile: $10,000

Supplying liquor to a person who is in a drunk state: $10,000

Suppling liquor to a patron acting in an offensive manner: $10,000

Responsibility:
Permits drunkenness; or violent, quarrelsome, disorderly or indecent behaviour.

Fines & Penalties:
Fails to protect the safety, health and welfare of minors on licensed premises: $10,000

Fails to maintain a reporting of incidents that occur on the premises: $5,000

Responsibility:
Must remove juvenile who are at risk from the premises.

Fines & Penalties:
Fails remove juveniles who are at risk from the premises: $20,000

Responsibility:
Must provide drinking water free or at a reasonable fee

Fines & Penalties:
Fails to provide a safe venue that minimises harm for all patrons and staff: $10,000

Fines And Penalties For: Bar Staff/ Hosts/ Glassies/ Other Sale Staff/ Security

Responsibility:
Ensure liquor is not sold or supplied to:

  • Juveniles (under 18 years of age)
  • Persons in a Drunk state
  • Persons acting in an offensive manner

Fines & Penalties:
Supplying liquor to a juvenile: $5,000

Supplying liquor to a person who is in a Drunk state: $4,000

Suppling liquor to a patron acting in an offensive manner: $10,000


Responsibility:
Must remove juvenile who are at risk from the premises.

Fines & Penalties:
Fails remove juveniles who are at risk from the premises: $4,000

Allows a Juvenile to purchase or obtain, or attempt to purchase or obtain, liquor from any other person on licensed or regulated premises: $4,000

Responsibility:
Must provide drinking water free or at a reasonable fee.

Fines & Penalties:
Fails to provide drinking water free or at a reasonable fee: $2,000

Breaches And Penalties: Juveniles

Responsibility:
A juvenile must not obtain or consume liquor in regulated premises.

Fines & Penalties:
Minor obtaining alcohol on a licensed premises: $2,000


Responsibility:
Must not supply or be in possession of a fake ID.

Fines & Penalties:
Using fake Identification: $2,000

Responsibility:
Must not pursued a person to obtain alcohol for them.

Fines & Penalties:
Persuading a person to obtain liquor for them: $2,000

Responsibility:
Must not attempt to purchase alcohol from third parties on a licensed premises.

Fines & Penalties:
Purchasing or obtaining, or attempt to purchase or obtain, liquor from any other person on licensed or regulated premises: $2,000

Breaches And Penalties: Customers (Non-Juveniles)

Responsibility:
Not sell or supply alcohol to any another patron who is a juvenile.

Fines & Penalties:
Supplying liquor to a Juvenile: $2,000


Responsibility:
Must not aid a drunk person to obtain liquor.

Fines & Penalties:
Must leave the premise/special permit when asked to: $2,000

Hinders and authorised officer: $2,000

Responsibility:
Must cooperate with direction of the licensee.

Fines & Penalties:
Failing to provide name, DOB and address to a Police officer or investigator if asked: $2,000

Responsibility:
Must not return to the premise for 24 hours after being evicted.

Fines & Penalties:
Re-enter a premises within 24 hours of leaving/being removed: $2,000

Other Legislation

It is important to be aware of the other legislation that a licensed venue must comply with, such as:

  • Work Health and Safety Act 2011
    • The WHS Act 2011 is legislation enacted by government to ensure a safe environment for all staff, contractors (agents) and guest’s. The Act was established to reasonably prevent illness, injury or death to any persons within a workplace. Personnel can be fined or imprisoned for breaches of this Act.
    • Further information is available at: WHS Act 2011
  • Trade Measurement Act 1990 and the Trade Measurement (Miscellaneous) Regulation 1991.
    • The Act and regulation sets out the correct and approved measuring instruments for alcoholic beverages including Beer and Spirits. It also provides guidelines for the capacity and specifications of glasses and jugs. It ensures consumers receive the same measurement no matter which establishment they attend.
    • Further information is available at: Trade Measurement Regulation 1991 
  •  Food Act 2006
    • All venues that provide food service must adhere to the requirements of the Food Act 2006 in relation food safety and hygiene. It means that food set for sale must be safe and suitable for human consumption and establishments must not mislead consumers with the sale of food.
    • Further information is available at: Food Act 2006 and Food Standards Code
  • Gaming Machine Act 1991
    • This Act describes who the laws related to supply, compliance and operating Poker Machines.  A Machine Gaming License can only be issued to an applicant who already holds a Liquor License and states that they must provide high standards of machine gaming.
    • Further information is available at: Gaming Machine Act 
  • Tobacco and Other Smoking Products Act 1998
    • This Act aims to reduce smoking and minimise exposure to passive smoking, discourage young people from smoking and supports those trying to quit. From the 1st of July 2006 amendments were made to the Act which state that 100% of indoor and poker machine areas must be designated as smoke free. Outdoor areas which are used for the service and consumption of food must also be designated non smoking areas, if a venue creates an area for smoking they have to list it as a Designated Outdoor Smoking Area (DOSA) and abide by the guidelines set in sections 26ZA – 26ZC of the Act.
    • Further information is available at: Tobacco and other smoking products
  • Fire and Rescue Services Act 1990
    • The Fire and Rescue Services Act 1990 covers the appropriate systems establishments must have in place to ensure employees or visitors are safe in the case of an emergency. It sets out the appropriate exit lighting, alarms and directional equipment, fire fighting and suppression equipment, staff training and emergency exit requirements.
    • Further information is available at: QLD Fire and Emergency Service
  • Anti Discrimination Act 1991
    • This Act was designed to make sure everyone is treated equally. It explains that a person should not be treated unfairly due to their sex, relationship or parental status, religion, politics, disability or impairment, trade union, pregnancy or breast feeding needs, family responsibilities, gender identity or sexuality, age or race.
    • Further information is available at: Anti-Discrimination Commission Queensland and Australian Human Rights Commission
  • Security Providers  Act 1993
  • Industrial Relations Act 1999
    • Describes the legal rights for worker’s undertaking any type of employment. It sets out to protect workers’ rights with regards to employment conditions, awards, types of leave and protection against unfair dismissal.
    • Further information is available at: Industrial Relations Act
  • Workers Compensation and Rehabilitation Act 2003
    • This act was created to make sure workers are appropriately compensated for injuries they have sustained while either in transit or undertaking work tasks for their employer. It sets out the requirements for employers to hold duty of care for the injured workers  and the rehabilitation that is required through the appropriate government organisations.
    • Further information is available at: Workers Compensation and Rehabilitation Act
  • Business Name Act 1962
    • Describes the business names that need to be registered, when businesses have to display their name or trading name and the regulations and penalties for misleading consumers or failing to provide correct business information.
    • Further information is available at: Business Names Act
  • Other local by-laws outlined by local government.

Applying For A Liquor Licence

For a venue to apply for a liquor licence, they must apply to the Department of Racing, Gaming and liquor (RGL).

Where To Get More Information

To get more information on the legislation in Western Australia, up to date fines and penalties, community awareness campaigns and any other information, go to the RGL website: http://www.rgl.wa.gov.au/

Legal Definition Of ‘Intoxication’

“The person is on licensed premises or regulated premises; the person’s speech, balance, co ordination or behaviour appears to be noticeably impaired; it is reasonable in the circumstances to believe that that impairment results from the consumption of liquor.”