1Citation
These regulations may be cited as the Liquor Control Regulations 1989.
[Regulation 1 amended: Gazette 1 May 2007 p. 1864.]
Parliamentary material from the official source. Links open the official source in a new tab.
Bill homepageThese regulations may be cited as the Liquor Control Regulations 1989.
[Regulation 1 amended: Gazette 1 May 2007 p. 1864.]
These regulations shall come into operation on the day on which the Liquor Control Act 1988 1 comes into operation.
[(1), (2) deleted]
All applications and accompanying documents, other than plans, must be on paper of A4 size.
Subregulation (3) does not apply to applications and accompanying documents that are lodged by an electronic means acceptable to the Director.
[Regulation 3 amended: Gazette 3 Jun 2011 p. 1999; SL 2026/98 r. 4 and 37.]
In these regulations, unless the contrary intention appears —
anticipated number of patrons means, in relation to an application for a permit or licence, or an application to vary a condition of a permit or licence, the sum of the maximum number of patrons for each day of the period to which the application relates;
approved manager has the meaning given in section 102A;
Authority means the Western Australian Land Information Authority established by the Land Information Authority Act 2006 section 5(1);
crowd controller has the meaning given in section 126C(1);
Deposited Plan, followed by a number, means the deposited plan of that number —
lodged with the Authority; and
approved by an authorised land officer as defined in the Land Administration Act 1997 section 3(1);
higher education course has the meaning given in the Higher Education Act 2004 section 3;
higher education institution means an education institution as defined in the Higher Education Act 2004 section 3 that provides a higher education course;
ID system has the meaning given in section 152ZI;
liquor restricted premises has the meaning given in section 152N;
low alcohol liquor means liquor in which the concentration of ethanol does not exceed 3.5% at 20°C;
manager’s approval has the meaning given in section 102A;
maximum number of patrons means —
in relation to a day of the period to which an application for a permit or licence relates, the maximum number of patrons that the person making the application reasonably expects to be in the place or on the premises in respect of which the application is made at any one time on that day;
in relation to a day of the period to which an application to add or vary a condition of a permit or licence relates, the maximum number of patrons that the person making the application reasonably expects to be in the place or on the premises in respect of which the application is made at any one time on that day;
in relation to a day of the period for which an occasional licence is granted, the maximum number of patrons that the licensee reasonably expected (at the time that they applied for the licence) to be on the licensed premises at any one time on that day;
metropolitan region has the meaning given in the Planning and Development Act 2005 section 4(1);
prescribed incident means an incident that is prescribed by regulation 18EB(1) for the purposes of section 116A(1);
producer has the meaning given in section 129;
restricted area means an area of the State declared for the purposes of section 175(1a) to be a restricted area;
road has the meaning given in the Road Traffic (Administration) Act 2008 section 4;
standard drink means a drink containing not more than 10 g of ethanol measured at 20°C;
tax period has the meaning given by section 195‑1 of the Commonwealth A New Tax System (Goods and Services Tax) Act 1999;
vocational education and training institution means a college or other vocational education and training institution established under the Vocational Education and Training Act 1996;
WET has the meaning given to wine tax in section 33‑1 of the Commonwealth A New Tax System (Wine Equalisation Tax) Act 1999;
wholesaler has the meaning given in section 129.
In these regulations, unless the contrary intention appears, a reference to a section is to be taken to be a reference to a section of the Act.
[Regulation 3A inserted: Gazette 30 Jan 1998 p. 561; amended: Gazette 22 May 1998 p. 2940; 28 Jul 2000 p. 4029; 28 Jun 2002 p. 3105‑6; 10 Aug 2004 p. 3186; 1 May 2007 p. 1864 and 1888; 15 Jan 2010 p. 70‑1; 22 Oct 2010 p. 5225; 3 Jun 2011 p. 1994; 6 Sep 2016 p. 3828; 10 Jan 2017 p. 140; 2 Oct 2018 p. 3798‑9; 1 Nov 2019 p. 3858; SL 2021/207 r. 4; SL 2023/196 r. 4; SL 2026/98 r. 5.]
For the purposes of paragraph (e) of the definition of a kind in section 3(1), a substance that regulation 4AB prescribes as being liquor is prescribed as being a kind of liquor.
[Regulation 3AB inserted: Gazette 11 Jan 2005 p. 98; amended: Gazette 1 May 2007 p. 1888.]
For the purposes of paragraph (e) of the definition of a kind in section 3(1), a substance that regulation 4AC prescribes as being liquor is prescribed as being a kind of liquor.
[Regulation 3AC inserted: Gazette 11 Jan 2005 p. 98; amended: Gazette 1 May 2007 p. 1888.]
For the purposes of paragraph (e) of the definition of a kind in section 3(1), powdered alcohol that regulation 4AD(2) prescribes as being liquor is prescribed as being a kind of liquor.
[Regulation 3AD inserted: Gazette 7 Aug 2015 p. 3206.]
[4. Deleted: SL 2026/98 r. 6.]
For the purposes of paragraph (a) of the definition of liquor in section 3(1), 0.5% ethanol by volume is prescribed as the proportion of a beverage which at 20°C is liquor.
[Regulation 4AA inserted: Gazette 22 May 1998 p. 2940; amended: Gazette 6 Oct 1998 p. 5564; 1 May 2007 p. 1888.]
The following substances are prescribed under paragraph (b) of the definition of liquor in section 3(1) as being liquor for the purposes of the Act —
an alcohol based food essence that is sold by way of retail sale;
an alcohol based novelty food item that is sold by way of retail sale.
In subregulation (1) —
alcohol based food essence means a preparation of flavouring substance in liquid form with a concentration of ethanol exceeding 1.15% by volume in a container that has a volume exceeding —
100 ml, in the case of natural vanilla essence; or
50 ml, in any other case;
alcohol based novelty food item means a food item or ice confection which contains more than 0.5% ethanol by volume and is modelled on children’s food stuff, including but not limited to, lollipops, ice‑creams, or jellies;
retail sale has the meaning given in the Retail Trading Hours Act 1987.
[Regulation 4A inserted: Gazette 23 Sep 1994 p. 4901; amended: Gazette 30 Dec 1994 p. 7329; 26 Nov 1996 p. 6629; 30 Apr 1999 p. 1820‑1.]
For the purposes of paragraph (b) of the definition of liquor in section 3(1), a substance that is a mist made up of —
a gas; and
droplets of a liquid that at 20°C contains more than 0.5% ethanol by volume,
is prescribed as being liquor.
[Regulation 4AB inserted: Gazette 11 Jan 2005 p. 98‑9; amended: Gazette 1 May 2007 p. 1888‑9.]
For the purposes of paragraph (b) of the definition of liquor in section 3(1), a substance that —
is sold in an aerosol container; and
is intended to be inhaled by humans; and
at 20°C contains more than 0.5% ethanol by volume,
is prescribed as being liquor.
[Regulation 4AC inserted: Gazette 11 Jan 2005 p. 99; amended: Gazette 1 May 2007 p. 1888‑9.]
In this regulation —
powdered alcohol means a substance that —
appears to be of a powdered or crystalline nature; and
contains ethanol; and
is intended for human consumption.
For the purposes of paragraph (b) of the definition of liquor in section 3(1), powdered alcohol is prescribed as being liquor.
[Regulation 4AD inserted: Gazette 7 Aug 2015 p. 3206‑7.]
Showing the first 12 of 93 provisions. See all provisions