❓ Hon Donna Faragher asks about the WA Government's proposed liquor licensing reforms, focusing on the criteria for tavern and small bar licenses, the public interest test, and the origin of the small bar license proposal.
AnsweredQoN 4197Legislative Council
QuestionView source ↗
I refer to the Government’s proposed liquor licensing reforms, and I ask -
(1) Will a venue that seats less than 120 people still be able to apply for a tavern licence?
(2) If no to (1), will only taverns that seat more than 120 people be allowed to sell packaged liquor?
(3) If yes to (1), what is the difference in application criteria for a proposed small bar licence and a tavern licence other than the number of people it sits?
(4) Does the Bill provide for restaurants and small bar licences to be subject to a ‘lesser’ public interest test?
(5) If yes (4), will the ‘lesser’ public interest test apply to classes of licence or by the size of the venue?
(6) What is the specific difference between a ‘lesser’ test and the proposed public interest test for hotels and taverns?
(7) Is the proposed new small bar licence a recommendation of the Fremantle Report or was it requested by the Department or some other party?
(8) Where in the Bill is the 40 percent cap on alcohol revenue for restaurants, or will this be departmental policy?
(1) Will a venue that seats less than 120 people still be able to apply for a tavern licence?
(2) If no to (1), will only taverns that seat more than 120 people be allowed to sell packaged liquor?
(3) If yes to (1), what is the difference in application criteria for a proposed small bar licence and a tavern licence other than the number of people it sits?
(4) Does the Bill provide for restaurants and small bar licences to be subject to a ‘lesser’ public interest test?
(5) If yes (4), will the ‘lesser’ public interest test apply to classes of licence or by the size of the venue?
(6) What is the specific difference between a ‘lesser’ test and the proposed public interest test for hotels and taverns?
(7) Is the proposed new small bar licence a recommendation of the Fremantle Report or was it requested by the Department or some other party?
(8) Where in the Bill is the 40 percent cap on alcohol revenue for restaurants, or will this be departmental policy?
AnswerView source ↗
Answered
26 October 2006
Responded by
Minister for Education and Training representing the Minister for Racing and Gaming
Response time
28 days
(2) Not applicable. (3) Applicants for either type of licence will be required to submit documentation in support of their application that the grant of the licence is in the public interest. Under proposed section 38(3), the documentation requirements may vary between application types. The determination of whether the grant of either type of licence is in the public interest, will include consideration of the type, nature and size of the proposed venue and its location, as well as whether the proposed tavern intends to sell packaged liquor. With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(3) Applicants for either type of licence will be required to submit documentation in support of their application that the grant of the licence is in the public interest. Under proposed section 38(3), the documentation requirements may vary between application types. The determination of whether the grant of either type of licence is in the public interest, will include consideration of the type, nature and size of the proposed venue and its location, as well as whether the proposed tavern intends to sell packaged liquor. With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
The determination of whether the grant of either type of licence is in the public interest, will include consideration of the type, nature and size of the proposed venue and its location, as well as whether the proposed tavern intends to sell packaged liquor. With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(3) Applicants for either type of licence will be required to submit documentation in support of their application that the grant of the licence is in the public interest. Under proposed section 38(3), the documentation requirements may vary between application types. The determination of whether the grant of either type of licence is in the public interest, will include consideration of the type, nature and size of the proposed venue and its location, as well as whether the proposed tavern intends to sell packaged liquor. With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
The determination of whether the grant of either type of licence is in the public interest, will include consideration of the type, nature and size of the proposed venue and its location, as well as whether the proposed tavern intends to sell packaged liquor. With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
With a small bar licence there is certainty that the 120 maximum patron limit and prohibition on the sale of packaged liquor can't be varied by the licensing authority. An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
An important part of the small bar proposal is the fact that it is not a tavern or hotel which are traditionally larger venues. This is an important issue for those who wish to establish small innovative bars. (4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(4) No. However, proposed section 38(2) provides that all applications be subject to a public interest test and proposed section 38(4) stipulates the criteria that may be considered as part of the test. While the licensing authority is not limited to or bound by this criteria, in exercising this discretion, the licensing authority must have regard to the scope and purpose (section 5) of the Liquor Licensing Act. Again, proposed section 38(3) contemplates that documentation requirements may vary between application types. This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
This provides the licensing authority with the discretion to determine the nature of the test and the documentation to be provided for different licence types. The critical issue that the licensing authority will consider when making these decisions, will be the impact of the proposed licensed premises on the community, including existing services and amenity. (5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(5) Not applicable. (6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(6) Any different public interest test for hotels and taverns compared with that for a restaurant or small bar will have regard to the impact of the proposed premises on the community. (7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(7) The proposed small bar category of hotel licence was not a recommendation of the Fremantle Report. It was the result of extensive consultation undertaken by the Government following the release of the Freemantle Report in July 2005 which highlighted the need for a licence type to bridge the considerable gap between restaurants and taverns. (8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
(8) The 40% criterion will be a condition of the extended trading permit to allow a restaurant to sell liquor without a meal.
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