To sell and supply liquor to customers of a restaurant in Western Australia, the owner of the restaurant business (called the “licensee”) requires a liquor licence.
What application is needed?
To apply for a new restaurant liquor licence a formal application for the grant of a restaurant licence must be lodged at the licensing authority of WA (being the Racing, Gaming and Liquor Division of the Department of Local Government, Sport and Cultural industries). The licensing authority is the regulatory authority that issues licences pursuant to the Liquor Control Act 1988 (WA).
The licensing authority prescribes what must be lodged for an application. This includes a Notice of Application, an application fee and supporting material, such as plans of the proposed premises.
What are the essential requirements?
There are some essential requirements that must be satisfied for a restaurant liquor licence to be granted. These are set out below.
There must be a licensee:
The licensee is the legal person who will own and operate the restaurant business. Only the licensee will be authorised to sell and supply liquor at the restaurant, in accordance with the terms of the licence.
A licensee may be an individual person, a company, an association, or two or more of these persons acting jointly. A company structure that has an underlying trust (or trusts) is also acceptable.
There are certain restrictions on who may be a licensee. For instance, an individual person who is bankrupt, a juvenile or a company that is in receivership may not be granted a licence.
There must be premises:
The premises is the specified place where the licensee is permitted to sell and supply liquor. For a restaurant licence, this is the restaurant premises. Premises can include land, a vehicle or part of premises provided the licensee has a lease or other right of exclusive possession of the premises.
The principal purpose of the premises is to serve meals:
The service of alcohol must be ancillary to the service of meals. That is, the business must be operated as a restaurant and not a bar in disguise.
It is also important that the premises:
- may be used as a restaurant under the local planning laws;
- has a kitchen;
- has sufficient toilet facilities; and
- has a defined dining area set up with tables and chairs.
What other things are required?
Other important requirements for a restaurant licence application are:
- Where the licensee is a company, all persons who hold a “position of authority” in the company (this includes a director or shareholder in any shareholding company or a beneficiary of a trust with an interest in the business of the licence) have to be approved by the licensing authority. This is done as part of the application.
- The licensee (or at least one director of the company if the licensee is a company) must have successfully completed the Course in Management of Licensed Premises.
- Plans must be prepared that comply with the licensing authority’s requirements.
- A House Management Policy, a Code of Conduct and Management Plan for the restaurant premises must be prepared that comply with the licensing authority’s requirements. These documents set out details on how the licensee will operate the premises and ensure the responsible service of alcohol.
- An application fee is payable to the licensing authority for the application. Additional fees may apply for the persons in a position of authority to be approved.
Where the premises are to be constructed or fitted out, a conditional grant can be sought. That is, that the licence be approved subject to completion of the premises. This enables the applicant to have a decision on the licence application before it spends money on obtaining a building certificate.
What is the application process?
Once an application has been lodged at the licensing authority, the licensing authority will complete a preliminary assessment of the application. It will then advise if further information or documents are required or not. It may also require the application to be advertised. This is generally for a period of 14 days. During the advertising period interested parties may oppose the application by lodging a notice of intervention or notice of objection.
Once all the licensing authority’s requirements have been are satisfied the application will be determined (i.e. a decision made). The time-frame for this will depend on the requirements to be satisfied.
For straightforward applications that are not opposed a decision can generally be expected within 2 to 4 months from the date of lodgement.
If you want to apply for a restaurant liquor licence, or have any queries about liquor licensing in WA, please contact me on snicholson@cullenmacleod.com.au
