Demand for home delivery of liquor is likely to be on the increase given the social distancing recommendations related to Covid 19 and the Prime Minister’s announcement that liquor licensed premises including small bars, taverns, pubs and nightclubs will be required to close indefinitely.
A liquor store business is permitted to deliver packaged liquor alcohol it sells subject to the following:
- The sale of the liquor occurs on the licensed area of the liquor store premises. That is, the order is taken and processed on the licensed premises, whether it be by telephone, internet sale or via an app.
- The liquor sold and to be delivered must be taken from stock that is on the licensed premises, or from an approved off-site storage facility that is stated on the liquor licence.
- The liquor must remain packaged liquor. That is, in an unopened sealed container.
- Delivery must be made within the approved trading hours of the liquor store.
- There is no condition on the liquor store licence that restricts or prohibits delivery.
Penalties may apply if the above conditions are not complied with.
A “late delivery” extended trading permit can be applied for if the licensee needs or wants to make deliveries outside the permitted trading hours of the liquor store. This may be useful due to growing customer demand, resourcing issues or other reasons. To obtain a late delivery permit the licensee must lodge a formal application to the WA licensing authority. If granted the permit will authorise the licensee to deliver liquor after the permitted trading hours of the store, but before midnight. However, the liquor must still be sold during normal, permitted trading hours.
It is not a requirement that the licensee itself delivers the liquor. Therefore a licensee can engage someone else to carry out the delivery service on its behalf.
Finally, as with the sale of any liquor under the liquor store licence, the licensee is not permitted to sell and supply to juveniles. Therefore appropriate precautions need to be put in place to ensure any liquor sold by the licensee and to be home delivered is to a person who is 18 years of age or older.
For more information on the above, or how Western Australian liquor licensing laws may affect you and your business, please contact Susan Nicholson on (08) 9389 3999 or email SNicholson@cullenmacleod.com.au
