There a two types of club licences under section 48 of the Act. A club licence and a club restricted licence. Each licence authorises the sale and supply of liquor to members of the club under certain circumstances. A club restricted licence is a club licence that has the following restrictions: clubs may not sell packaged liquor; and all liquor purchased can be purchased from any retail or wholesale liquor outlet authorised to sell packaged liquor (other than the holder of a club licence).
Both a club licence and a club restricted licence are subject to the following conditions:-
- An up to date register of members, in respect of each class of membership must be continually available for inspection at the club premises;
- The club’s constitution and rules cannot be changed without the prior approval of the Director; and
- The club must ensure that it’s constitution and rules, as approved by the Director, are not contravened.
A club can only apply for a licence if it is a genuine club, which has existed and been well managed for at least 12 months (if 2 or more well managed clubs that have existed for more than 12 months amalgamate, this is sufficient). Where a club is not incorporated under the Associations Incorporation Act, the club needs to appoint a trustee to apply for and hold the licence as the licensee on behalf of the club.
The club must have a proper constitution and rules which provide for:-
- Management of the club by a committee of management elected by the general body of members;
- Regular committee meetings (usually monthly) and regular members meetings (usually annually)
- Proper restrictions on the classes of membership and the number of people in each class;
- Proper nomination procedures for new members, in this regard new members should be proposed and seconded by an ordinary member of the club. The nomination form should be posted on the notice board of the club for 7 days and at least fourteen days should elapse between nomination and election
- Subscriptions to be paid annually, half yearly, quarterly or monthly;
- Proper records of meetings, membership categories and membership numbers;
- Proper financial accounts;
- The appointment of a secretary to keep the records, minutes and register of members, and to deal with correspondence; and
- In the case of an unincorporated club, the appointment of a trustee to hold the license.
A club license under section 48 of the Liquor Control Act 1988 (the Act), authorises the sale and supply of liquor to members of a club. In essence, the supply of liquor is secondary to the primary objects of the club.
WA govt provide extremely thorough break down of the regulations and requirements for clubs in WA includes all the permeations and the variations on what clubs can apply for and how to get it.
A liquor licence is required at any event where alcohol is to be sold. This includes events where alcohol is included in the ticket price or, for example, where a donation is required for entry to the venue or to obtain alcohol.
Non profit organisations are able to apply to the Licensing Court for one of two types of function licences – a permanent function licence or an occasional licence.
An occasional licence permits the sale of liquor at a function at which it is proposed that liquor be sold or supplied to those present. This type of licence is for people who do not have any other licence under the Act. A “function” means a gathering, occasion or event, including a sporting contest show, exhibition, trade or other fair or reception.
Alcohol can also be sold or supplied at functions and events through the use of existing caterer’s or hotelier’s licence, or through the use of a permanent liquor licence that already exists at the venue where the event will be held.