Business Toolbox

Two decades ago, significant reforms reshaped Western Australia’s liquor licensing regime, replacing the requirement to demonstrate a market need with a public interest test overseen by the newly established Liquor Commission.

In 2026, the liquor licensing landscape shifted again. On July 1, key reforms under the Liquor Control Amendment Act 2025 (WA) came into effect, abolishing the Liquor Commission and transferred its review functions to the State Administrative Tribunal (SAT).

What has changed?

Sole decision-maker

Before July 2026, there were two key decision-makers:

1. Director of Liquor Licensing: responsible for day-to-day licensing decisions
2. Liquor Commission: responsible for handling reviews and contested matters.

From July 1, 2026, the Director is now solely responsible for licensing matters including:

• applications and renewals;
• licence conditions and changes;
• transfers; and
• complaints and disciplinary action.

If an aggrieved party disagrees with the Director’s decision, the next step is to apply to the SAT.

Penalties

The Amendment Act also increased and recalibrated a range of penalties under the Liquor Control Act 1988 (WA). The key changes include:

• unlicensed liquor sales now attracts a maximum fine of $50,000 and up to two years' imprisonment (minimum penalty $2000); and
• the maximum disciplinary penalty available to the SAT has increased to $75,000.

Numerous penalties under the Liquor Control Act have also been increased, particularly those relating to compliance, inspections and enforcement. This is evident in the expanded penalty framework for offences under sections 154 and 158 of the Act. For example, under section 154(3), a person commits an offence if they:

• hinder an authorised officer in exercising powers under the Act;
• fail, without reasonable excuse, to comply with a requirement of an authorised offer; or
• fail, without reasonable excuse, to answer a question put by an authorised officer.

The maximum penalty for these offences has increased from $10,000 to $15,000.

‘Failing to comply with a requirement of an authorised officer’ includes actions such as refusing access to an incident register or failing to produce a Responsible Service of Alcohol certificate.

Commentary on applications

Individuals can comment on a licensing application via the following options:

1. Objections. Any individual is permitted to object to an advertised application prior to the deadline, but on very limited grounds, including:

• it is not in the public interest;
• it would cause undue harm or ill-health;
• it would cause undue noise, disturbance or inconvenience to nearby residents or sensitive locations;
• it would reduce amenity or good order in the area; and
• it would otherwise breach the Liquor Control Act.

It is important to note that landlords, lessees and mortgagees can also object on proprietary grounds, with no deadline restriction.

2. Official Submissions. Certain public bodies are entitled to make formal submissions at any time (including after the public deadline), including:

• the Police Commissioner;
• local governments;
• the Chief Health Officer; and
• the Tourism WA CEO.

Any submissions made by these public bodies must be considered by the Director. If the Director does consider any submission, the applicant must be given a copy and a chance to respond before a decision is made.

3. General Submissions. Any person can lodge a submission that supports or opposes an application. However, in this category of submission, the Director is not required to consider or even acknowledge general submissions.

Challenging a decision – merits review

An aggrieved individual can apply to the SAT for a merits review of the decision. Reviewable decisions are outlined under Schedule 3 of the Liquor Control Act. These reviewing decisions include most major licensing decisions, such as:

• granting or refusing a licence;
• imposing, varying or cancelling licence conditions;
• suspension decisions;
• manager approvals;
• barring notices of three months or more;
• complaint outcomes; and
• prohibition orders, exclusion orders and banned drinker orders.

Who can apply?

Eligible applicants can include:

• the original applicant;
• the public officials who made official submissions;
• property-interest objectors (such as landlords or lessees);
• the licensee;
• a person subject to an order; or
• the Police Commissioner.

Time Limit

The deadline to challenge a Director’s decision is usually one month from receiving written notice of the decision and your review rights or, if reasons are not provided, one month from when reasons are given.

However, the SAT can extend the time to challenge, even if after the deadline.

Evidence to be considered

As a merits review of the Director’s decision, the SAT can only consider material before the Director at the time the decision was made. New evidence cannot be introduced.

What do these changes mean for your business?

If your existing liquor licence and permit was handled under the previous framework, these have been carried over into the new regime. You are not required to do anything to maintain your current authorisations. However, any future dealings that you may have with the liquor licensing system will be handled under the new regime.

How can Business Law WA assist?

Business Law WA’s team can assist with liquor licence applications, regulatory advice and compliance reviews. With increased penalties now in force, including maximum fines of $75,000, licensees should proactively review their compliance systems. BLWA can provide a liquor licensing compliance check, including an onsite visit and written report to identify any potential compliance risks and recommend practical steps to reduce the likelihood of complaints or disciplinary action.

To discuss how the reforms affect your licence, application or business, or to arrange a compliance check, please contact [email protected] or call 08 9365 7560 to discuss further.

This article is authorised by Business Law WA, an incorporated legal practice and wholly owned subsidiary of CCIWA. The contents of this article is general in nature and is not legal or professional advice and should not be relied upon as such.