Liquor Control Regulations 1989

The following sales and supplies are exempted from the application of the Act —

the sale of liquor in bond by the proprietor of premises which are the subject of a warehouse licence under the Customs Act 1901 of the Commonwealth, to a person who proposes personally to take the liquor outside Australia;

the sale of liquor on a train in the course of an interstate rail passenger service to or from Perth;

subject to subregulation (1AA), the sale or supply of liquor together with flowers, food or other products, to be delivered by the vendor or supplier as a gift, where —

the gift is delivered no earlier than 7 a.m. and no later than 7 p.m.; and

the person to whom the gift is delivered has reached 18 years of age and is not the vendor, supplier or purchaser; and

the quantity of liquor sold or supplied does not exceed 2 L; and

the liquor was purchased by the vendor or supplier from the holder of a hotel licence or a liquor store licence; and

the value of the liquor and its container is not more than half of the purchase price of the gift; and

the business of the vendor or supplier is genuinely marketed as a service for the sale and delivery of gifts; and

the gift is packaged so that a person to whom it is delivered would be likely to know that it was intended to be a gift;

the sale or supply of liquor as a prize in a lottery conducted in accordance with the Gaming and Wagering Commission Act 1987;

the sale of liquor to the master of a ship as ships’ stores for consumption on that ship outside the WA territorial seas;

the sale by a person, authorised in writing by the Director, of an alcohol based food essence, as defined in regulation 4A(2);

the sale or supply of liquor —

by a person who conducts or manages a nursing home as defined in the Private Hospitals and Health Services Act 1927 section 2(1), to a person who is a patient and resident of the nursing home or to a guest of the patient and resident; or

by a person who conducts or manages a hospital, within the meaning of the Health Services Act 2016, to a patient of that hospital; or

by a person who conducts or manages a private psychiatric hostel, as defined in the Private Hospitals and Health Services Act 1927 section 2(1), to a person who is a resident of the private psychiatric hostel; or

by a person who is an approved provider providing residential care, to a person (the resident) who is accommodated in the residential facility where that residential care is provided or to a guest of the resident; or

by a person who owns or operates a retirement village, to a resident of the retirement village or a guest of the resident; or

by a resident of a retirement village who is a member of a residents’ committee, subcommittee, incorporated association or other body of residents, to a resident of the retirement village or a guest of the resident;

the sale of liquor on an aircraft in the course of a flight of the aircraft;

the sale of liquor on a commercial vessel in the course of an inter‑State voyage or overseas voyage of the vessel;

the sale of liquor on a cruise ship in the course of a qualifying intra‑State voyage to a qualifying person for consumption on board the cruise ship;

the supply of liquor by a person who conducts, supervises or manages a bed and breakfast facility (being an accommodation facility that offers bed and breakfast) if —

that supply of the liquor is to an adult recipient staying at the facility; and

that supply of the liquor is at the facility; and

that supply of the liquor is gratuitous; and

that supply of the liquor does not exceed 1.5 L in quantity, either by itself or in aggregate with any other liquor supplied gratuitously by that person to that recipient during the period for which that recipient stays at the facility; and

the liquor was purchased by that person from the holder of a licence to sell packaged liquor, except if the licence was a wholesaler’s licence or a club licence; and

no more than 8 persons can stay at the facility at any one time.

Subregulation (1)(c) does not apply in relation to the sale or supply of liquor together with flowers, food or other products to be delivered as a gift —

in a restricted area; or

to liquor restricted premises.

In subregulation (1)(e) —

In subregulation (1)(h)(iii) —

In subregulation (1)(h)(iv) and (v) —

In subregulation (1)(ja) and (jb) —

is suitable for deep water cruising; and

has a minimum capacity of 100 passenger berths;

that is not an inter‑State voyage or an overseas voyage; and

that continues over at least 1 night;

has attained 18 years of age; and

is not drunk.