By Andrew Starke

The Western Australian government will change the Liquor Control Act of 1988 to allow BYO alcohol to be permitted at some live entertainment venues while relaxing restrictions on small functions.

Racing and Gaming Minister Terry Waldron said further changes would exempt the sale, supply and consumption of small amounts of liquor in controlled environments.

“These situations involve small amounts of liquor supplied in controlled environments and social situations with relatively few people in attendance,” Waldron said.

“The State Government recognises that some low-risk situations exist where the full application of the legislation would be considered onerous and unnecessary.

“However, these prescribed situations are only considered to be exempt from the Act when the exact conditions of the exemptions are met.

“This could prove to be a real boost to the live music scene in Western Australia and it was one of the key drivers of these changes.”

There are a number of situations that qualify for an exemption under the regulations.

These include:

  • Live entertainment venues – where the primary purpose of a venue is to provide continuous live entertainment, the consumption of BYO liquor on the premises is exempt from the Act, provided this consumption is ancillary to the provision of live entertainment and there are no more than 200 patrons present;
  • Small occasional functions – exemptions apply if the total number of attendees over the entire course of the function does not exceed 100, and the service of liquor lasts a maximum of two continuous hours, or the total number of attendees over the entire course of the function does not exceed 75 and the service of liquor lasts a maximum of four continuous hours;
  • Farmers’ markets – where liquor producers have an association or representative body that hosts a co-operative stall at a local farmers’ market in an agricultural region, liquor may be sold or supplied in quantities of no more than 2.5 litres of packaged liquor per customer, or by way of a free sample;
  • Small chartered vehicles – the consumption of BYO liquor in small charter vehicles is exempt from the Act, provided the vehicle is capable of carrying 14 passengers or less. However, the purpose of the vehicle hire cannot include transportation of one or more school students to or from a school-based function (such as a school ball).

The Minister said under a provision of the Act, the venue or vehicle as referred to in the regulations was deemed to be a regulated premise.

“This means that offence provisions apply if a juvenile or drunk person is sold, supplied or permitted to consume liquor on the premises,” he said.

For full details of the exemptions and the conditions attached to them, visit the Department of Racing, Gaming and Liquor website by clicking here.


The Shout Team

The leading online news service for Australia's beer, wine, spirits and hospitality industries.

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