A special facility licence under section 46 of the Act authorises the holder of the licence to sell liquor in accordance with the conditions imposed on the licence based on the tenor of the business.
The Act provides that the licensing authority shall not grant a special facility licence except for a prescribed purpose. The Act further provides that a special facility licence should not be granted or varied if granting or varying a licence of another
class, or imposing, varying or cancelling a condition on a licence of another class, or issuing an extended trading permit in respect of another class of licence, would achieve the purposes for which the special facility licence is sought.
The licensing authority may substitute an alternative type of licence where an applicant seeks the grant of a special facility licence, but in the view of the licensing authority a licence of another class would be adequate for the purpose. Furthermore,
an existing special facility licence cannot be varied to such an extent that a licence of another class, with or without permits, would achieve thee purpose.
The 15 different special facility sub-classifications are:
A special facility licence may be granted for the purpose of allowing the sale of liquor at an amusement venue to persons in the venue.
An amusement venue is defined as a premises which is primarily being used for:
- The playing and viewing of snooker, bowling, electronic games or any similar type of amusement; or
- To participate in or view karaoke.
A special facility licence may be granted for the purpose of allowing the sale by auction of packaged liquor at premises specified in the licence.
A licence granted for this purpose may permit the supply of samples of the packaged liquor that is for auction, for tasting.
Bed and breakfast facility
A special facility licence may be granted for the purpose of allowing the sale of liquor at a bed and breakfast facility (being an accommodation facility that offers bed and breakfast) to persons staying at the facility.
A special facility licence may be granted for the purpose of allowing at a function the sale, by a caterer, of liquor supplied at premises at which the caterer has agreed with the person organising the function to provide liquor (whether with or without
food), for consumption by persons at that premises.
A ‘caterer’ is defined as a person who:
- Is in the business of providing food for consumption at functions; and
- Carries on a food business as defined in section 10 of the Food Act 2008.
A special facility licence may be granted for the purpose of allowing the sale of liquor at a foodhall to customers of the foodhall for consumption ancillary to a meal.
Online wine sales
A special facility licence may be granted for the purpose of allowing the online sale of packaged wine for consumption away from the licensed premises (the licensed premises may be a home office). The licence only allows the licensee to sell wine produced by holders of a Western Australian producer's licence.
Reception or function centre
A special facility licence may be granted for the purpose of allowing the sale of liquor at a reception or function centre (being premises primarily used as a venue for functions and receptions) to persons attending a reception or function at the centre.
Room service restaurant
A special facility licence may be granted for the purpose of allowing the sale of liquor to customers at the room service restaurant whether or not ancillary to meals eaten at the restaurant if:
- The liquor is consumed at the restaurant:
- During the hours that are permitted hours under a hotel licence; and
- By customers while sitting at a table, or at a fixed structure used as a table; and
- The sale and consumption of the liquor are in accordance with any conditions imposed on the special facility licence by the licensing authority.
A room service restaurant is defined as a restaurant that provides room service to persons residing or staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).
A special facility licence may be granted for the purpose of allowing the sale of liquor at a sports arena (being premises primarily used for playing and viewing sport) to persons playing or viewing sports, or attending any other event, at the arena.
Theatre or cinema
A special facility licence may be granted for the purpose of allowing the sale of liquor at a theatre or cinema to persons attending a performance or film at the theatre or cinema.
A special facility licence may be granted for the purpose of allowing the sale of liquor to persons likely to be attracted to, or present at, a place that, in the opinion of the licensing authority, is or will become:
- An attraction for tourists; or
- A facility that enhances the State’s tourist industry.
A licence granted for this purpose may permit the sale of packaged liquor.
A tourist is defined as a person who is:
- Staying at a place that is at least 40 kilometres from his or her usual place of residence for a period of at least one night.
- Intending to stay away from his or her usual place of residence for a period of less than 12 months.
- Not in the course of travelling on a regular journey between his or her usual place of residence and his or her place of work or education.
- Travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.
A special facility licence may be granted for the purpose of allowing the sale of liquor to passengers and their guests:
- At an airport, railway station, bus station or seaport; or
- On a train, bus, ship or vehicle.
A special facility licence of this nature may also be granted for the purpose of allowing the sale of liquor at another place of the licensee provided that the sale and supply is in connection with a booking for travel on a train, bus, ship or vehicle.
Vocational and education training course
A special facility licence may be granted for the purpose of allowing the sale or supply of liquor by vocational and education training institution or a higher education institution to provide:
- For the tasting of liquor by students/trainees as part of the course curriculum and the sale and supply of liquor by students/trainees for the purposes of a course of instruction or training conducted by the institution
in which the students are enrolled.
- For the sale of liquor that is produced as part of an approved viticulture course, provided the liquor is only sold or supplied during a special event; and in an area approved by the Director. The liquor must be sold or
supplied by persons aged 16 years or older; and the amount of liquor being sold or supplied is limited:
- In the case of liquor supplied for consumption on the grounds of the institution, to the supply of free
30 ml samples for tasting purposes; or
- In the case of packaged liquor, to the provision of not more than 9 litres per person and per transaction.
- In the case of liquor supplied to a liquor merchant, points (i) and (ii) apply however prior approval must be sought from
the licensing authority.
Tasting of liquor will only be authorised in circumstances where the students/trainees are 16 years or older, the student/trainee is supervised at all times and the activity they are undertaking is being assessed for the purposes of an accredited hospitality
qualification in which they are enrolled.
An approved viticulture course is defined as a course that delivers Units of Competency from the Food Processing Industry Training package (Wine Sector) leading to a qualification recognised under the:
- Australian Qualifications Framework; and
- A higher education course relating to viticulture.
A special event is defined as a graduation ceremony, speech night or annual open day that relates to vocational education and training institution or higher education institution, or any other related event approved in writing by the
A vocational education and training institution includes a secondary school if the relevant course of instruction or training conducted by the school is vocational education and training, as defined in the Vocational Education and Training
Act 1996 section 5(1).
Vocational education and training institutions
A special facility licence may be granted for the purpose of allowing the sale of liquor at a vocational education and training institution or a higher education institution to students and staff of the institution and their guests.
A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other premises specified in the licence, to workers and their guests. A licence granted for this purpose may permit the sale of packaged liquor.
The Liquor Control Regulations 1989 (the regulations) defines ‘workers’ as persons working on a project or for a business in relation to which a works canteen is provided.
A ‘works canteen’ is defined as a canteen, located at or near the place where a project is being undertaken or a business carried on, catering for the needs of persons working on the project or for the business.
The trading hours for each special facility licence are determined individually by the Director of Liquor Licensing.
Sale of packaged liquor
In addition to the sale of liquor for consumption on the licensed premises the special facility licence types that permit the sale of packaged liquor are Works Canteen, Tourism, Room Service Restaurant, Vocational Education and Training Course or Auction.
Exemption from section 37(5) of the Act
Unlike other licences it is possible to have the the requirements of section 37(5) of the Act, pertaining to the applicant demonstrating that it will solely occupy, and retain the right to occupy, the licensed premises to the exclusion of others waived,
for Works Canteen, Transport, Sports Arena, Foodhall, Education and Training Institution, Approved Viticulture Course, Catering, Bed and Breakfast Facility, Room Service Restaurant, Tourism or Auction.