Liquor legislation

Western Australia's liquor laws are defined in the Liquor Control Act 1988, which regulates 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 the sale of liquor.

The Act also includes a primary objective on minimising harm or ill-health caused to people, or any group of people due to the use of liquor.

This legislation offers flexibility regarding where and when liquor can be supplied and consumed in accordance with the ever-changing demands of a modern and diverse community, and the requirements of the tourism industry, consistent with the principles of harm-minimisation.

The foundations of the State's liquor laws are built on strong offence provisions relating to the sale of liquor, juveniles, public interest, drunkenness, security, anti-social behaviour, community amenity and trading hours.

The primary objects of the Act are:

• To regulate the sale, supply and consumption of liquor; and
• To minimise harm or ill-health caused to people, or any group of people, due to the use of liquor; and
• To cater for the requirements of consumers for liquor and related services, with regard to the proper development of the liquor industry, the tourism industry and other hospitality industries in the State.

The secondary objects of the Act are:

• To facilitate the use and development of licensed facilities, including their use and development for the performance of live original music, reflecting the diversity of the requirements of consumers in the State; and
• To provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and consumption of liquor; and
• To provide a flexible system, with as little formality or technicality as may be practicable, for the administration of the Act; and
• To encourage responsible attitudes and practices towards the promotion, sale, supply service and consumption of liquor that are consistent with the interests of the community.

Liquor Control Amendment Act 2025 

The Amendment Act was developed following public and stakeholder consultation to amend the Liquor Control Act1988. The resulting amendments will:

• improve the licensing framework by streamlining approaches and increasing opportunities for industry,
• enhance harm minimisation, compliance and enforcement measures; and
• modernise and simplify the legislation

It is being implemented in two main stages.

Summary of amendments

Stage 1 – effective on Assent

Business Continuity Orders (previously Protection Orders)

• Section 4 of the Amendment Act amends section 3(1) to rename protection orders as business continuity orders.
• Sections 5 & 6 of the Amendment Act amends sections 86 and 87 to extend the time to apply for a business continuity order from 28 days to 3 months to carry on the business. This amendment does not apply to section 87(1)(a). The owner, lessor or mortgagee of the licenced premises continue to have 28 days to apply for a business continuity order.

Informing the Director of Liquor Licensing

• Section 8 of the Amendment Act replaces section 37A to ensure that a licensee or manager must inform the Director of Liquor Licensing in writing within 14 days if they have been convicted of an offence in any jurisdiction.
• Section 14 of the Amendment Act amends section 82A to allow someone wanting to be removed from a licence that has continuing licensees to submit an informal application in writing.
• Section 15 of the Amendment Act amends section 103 to now require notice in writing within 7 days when an owner of a licensed premises changes their address for notifications.

  Small Bars

• Section 9 of the Amendment Act amends sections 41A and 41B to increase the allowable capacity of a small bar from 120 to 150.
• Section 42 of the Amendment Act amends section 98AA to allow small bars to open from 10am to 12 midnight on Christmas Day and Good Friday, and from 10am to midnight on Anzac Day.
• The amendment to section 98AA also removes the requirement to only serve alcohol ancillary to a meal on Christmas Day and Good Friday.

Producers

• Section 12 of the Amendment Act amends section 56 to allow a person to be considered a Producer if they produce ‘liquor containing spirits’ from spirits they distilled, or were distilled under their control or direction from wine they produced, and it does not contain spirits produced by any other person.
• Section 47 of the Amendment Act replaces section 98G to allow Producers to open from 10am to 12 midnight on Christmas Day and Good Friday for the sale of liquor to be consumed on the premises. It also allows them to open from 10am to midnight on Anzac Day and allows them to open from 10am to midnight on all other days for consumption on the premises.

Extended Trading Permits – Ongoing Hours

• Section 13 of the Amendment Act amends section 60 to remove the requirement to renew an Extended Trading Permit for ongoing hours every 10 years. It now runs for the life of the licence.

  Redundant Requirements

• Section 16 of the Amendment Act deletes section 107 which means licensees no longer have a prescribed liability limit for the loss of a lodger’s property.
• Section 17 of the Amendment Act deletes section 108 which means it is no longer necessary to exhibit a price list for meals and liquor when liquor can only be sold ancillary to a meal or in a licensed restaurant.

Proof of Age

• Section 18 of the Amendment Act amends section 126 to allow identification used to prove the age of a suspected juvenile may be provided in a digital format, if it was issued in a digital format. Photographs and screen shots are not acceptable.
• Under the provisions, the digital device being used to display the digital identification is not required to be handed over for the purposes of verification and cannot be confiscated.

Compliance Changes

• Section 24 of the Amendment Act amends section 154 to allow authorised officers to enter liquor restricted premises as well as licensed or regulated premises at any reasonable time. They also have the power to seize records as well as examining and making copies of them.
• Section 25 of the Amendment Act amends section 171 to clarify that when a person authorised to undertake compliance action (which includes a police officer) purchases alcohol, their role in purchasing that alcohol is not an offence in itself and they cannot be considered an accomplice.
• Sections 27 to 40 amend various sections to increase penalty values, with the most significant increases being for sly-grogging offences.

Hotel, Hotel Restricted, Taven and Tavern Restricted Licences

• Section 41 of the Amendment Act amends section 98 by removing the requirement for liquor to be sold ancillary to a meal on Christmas Day and Good Friday. It also extends the trading hours to from 10am to 12 midnight on those days for the sale of liquor for consumption on the licensed premises.
• Section 98 is also amended to allow premises to open from 10am to 12 midnight on Anzac Day.

Nightclubs

• Section 43 of the Amendment Act amends section 98A to allow a nightclub to open on Christmas Day and Good Friday until 5am and then from 8pm continuing to 2am the next day.
• Section 98A is also amended to allow a nightclub to remain open until 5am on Anzac Day.

Club and Club Restricted

• Section 45 of the Amendment Act amends section 98E to allow clubs to open until 12.30am Christmas and Good Friday morning and then from 10am to 10pm for the sale of liquor for consumption on the licensed premises.
• Section 98E is also amended to allow clubs to open until 1am on Anzac Day when it is a Sunday and 12.30am if it is not a Sunday. Then, regardless of the day of the week, to open from 10am to 12 midnight.

Restaurant

• Section 46 of the Amendment Act amends section 98F to allow restaurants to open two hours earlier from 10am on Anzac Day.

  Subsidies

• Sections 48 – 60 remove redundant references to subsidies in the Liquor Control Act 1988 as these subsidies were abolished several years ago.

   

  Stage 2 – effective from mid 2026 (date via proclamation)

  Liquor Commission

• Section 70 of the Amendment Act deletes sections 7 – 30 and replaces them with new sections 7-19. These replace Part 2 of the current Act with a new Part 2 about ‘Administration’, which includes various provisions about delegations, inspectors, obtaining information and confidentiality. As the Liquor Commission is being abolished, its provisions are being deleted. The State Administrative Tribunal becomes the review and disciplinary body and the Director of Liquor Licensing becomes the sole licensing authority.  
• Applications
• Section 78 of the Amendment Act inserts sections 65C, 65D & 65E. The sections define the application requirements.
• Section 79 of the Amendment Act deletes sections 67 – 76 and replaces sections 67 & 68.
• New section 67 sets out the application requirements for occasional licence and extended trading permits.
• New section 68 outlines the processes and requirements for advertising an application.

Submissions and Objections

• Section 80 of the Amendment Act inserts new sections 69 – 76I (Part 3 Division 7A) to reinstate provisions removed when sections 69-74 were deleted.
• New section 69 defines a submission as an objection, a general submission or an official submission. It also enables a submission to be both an objection and an official submission.
• New section 70 allows the Director to provide information to an official to enable an objection or official submission.
• New section 71 provides that the submission should be in the approved form, however any requirements can be waived by the Director.
• New section 72 requires the Director to consider a submission received before the submission deadline. The Director is also to consider an official submission or objection made by an official; or a submission by an owner, lessee, lessor or mortgagee of a licenced premises; even if received after the submission deadline. The Director may, but need not, consider any other submission.
• New section 73 outlines what an objection is and provides for a submission to be considered an objection if it meets certain criteria.
• New section 74 defines who may make an objection while new section 75 outlines the information that must be included and what may be required by the Director.
• New sections 76 – 76F specify what an official submission is, the basis it can be made, and who can make it, namely the Commissioner of Police, the Local Government Authority, the CEO of the WA Tourism Commission, the Chief Health Officer, and anyone wanting to make a submission about a club licence application.
• New sections 76G – 76I provide that a general submission is any submission that is not an official submission or an objection. Anyone can make a submission and the Director may, but need not, acknowledge receipt of the submission

Premises

• Section 80 of the Amendment Act inserts a new section 76J which replaces provisions that were in the previous section 72. They provide that the owner or lessor of a premises must have consented to the alteration or a redefinition of the premises, and not unreasonably have withheld approval, before the Director can grant an application for such a change.

  Review of Decisions

• Section 116 of the Amendment Act inserts sections 172N – 172S to give responsibility for the review of decisions in relation to an application to the State Administrative Tribunal.
• New section 172N defines who is considered a relevant person.
• New section 172O defines who can apply to the Tribunal for a review of a decision and includes the applicant and any relevant person. It also specifies that only those decisions set out in Schedule 3 can be reviewed.
• New section 172P provides the time limits for anyone seeking a review of a reviewable decision.
• New section 172Q defines who can be a party to a review proceeding. This includes the review applicant, the original applicant, the person the decision will directly impact, an official who makes a submission, or any person the Tribunal may order.
• New section 172R specifies that certain reviews must be undertaken by a Tribunal constituted by 3 members, rather than 1.
• New section 172S removes the ability for the Tribunal to consider new evidence when undertaking a review. They are only able to consider material that was before the Director when the Director made the decision.
• Section 121 of the Amendment Act inserts a new Schedule 3 which lists all decisions that are able to be reviewed by the Tribunal.

Banned Drinkers Register

• Sections 126 – 129 of the Amendment Act amend the Liquor Control Amendments (Banned Drinkers Register) Act 2023 to remove the sunset clause enabling the Banned Drinkers Register to become permanent.