Western Australian Bills

[Index] [Search] [Download] [Related Items] [Help]


This is a Bill, not an Act. For current law, see the Acts databases.


LIQUOR LICENSING AMENDMENT (PETROL STATIONS AND LODGERS' REGISTERS) BILL 2000

                           Western Australia



                      LEGISLATIVE COUNCIL



       Liquor Licensing Amendment (Petrol
     Stations and Lodgers' Registers) Bill 2000


                               A Bill for


An Act to amend the Liquor Licensing Act 1988.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Liquor Licensing Amendment
        (Petrol Stations and Lodgers' Registers) Act 2000.




                                                              page 1


                               90--1C
     Liquor Licensing Amendment (Petrol Stations and Lodgers' Registers)
     Bill 2000



     s. 2


     2.       Commencement
              This Act comes into operation on a day fixed by proclamation.

     3.       The Act amended
              The amendments in this Act are to the Liquor Licensing
5             Act 1988*.
              [* Reprinted as at 12 June 1998.]

     4.       Section 3 amended
              Section 3(1) is amended by inserting after the definition of "this
              Act" the following definition --
10            "
                    "townsite" means a townsite under the Land
                        Administration Act 1997;
                                                                               ".

     5.       Section 36A inserted
15            After section 36 the following section is inserted --
     "

            36A.    Petrol stations in some areas not to be granted
                    licences
              (1)   In this section --
20                  "country townsite" means a townsite that is outside
                        the metropolitan area;
                    "packaged liquor outlet" means licensed premises
                        from which packaged liquor is sold but does not
                        include premises in respect of which a club licence
25                      is in force;
                    "petrol station" means a business that involves the
                        retail sale of fuel for road vehicles to people

     page 2
          Liquor Licensing Amendment (Petrol Stations and Lodgers' Registers)
                                                                    Bill 2000



                                                                               s. 6


                         travelling in them, whether or not other goods or
                         services are also sold or supplied to those people.
               (2)   The licensing authority shall not approve the grant or
                     removal of a licence that would authorize the sale of
5                    packaged liquor from any premises if there is a petrol
                     station on the premises and the premises are --
                       (a) in the metropolitan area; or
                       (b) in, or within a prescribed distance outside, a
                             country townsite in which there is a packaged
10                           liquor outlet.
                                                                                 ".

     6.        Section 65A inserted
               After section 65 the following section is inserted --
     "

15          65A.     Petrol station not to be established on premises
                     from which packaged liquor is sold
               (1)   In this section --
                     "applicable day" means the day on which the Liquor
                          Licensing Amendment (Petrol Stations and
20                        Lodgers' Registers) Act 2000 comes into
                          operation;
                     "country townsite" has the same meaning as it has in
                          section 36A;
                     "petrol station" has the same meaning as it has in
25                        section 36A.
               (2)   A licence that authorizes the sale of packaged liquor
                     and that is in respect of premises in the metropolitan
                     area or in a country townsite is subject to the condition


                                                                           page 3
     Liquor Licensing Amendment (Petrol Stations and Lodgers' Registers)
     Bill 2000



     s. 7


                      that after the applicable day a petrol station must not be
                      established on the premises.
              (3)     Subsection (2) does not apply to premises that are in a
                      country townsite if the Director, on an application by
5                     the licensee of the premises, so orders.
              (4)     In the case of a breach of the condition referred to in
                      subsection (2) the licensing authority must cancel the
                      licence in respect of the premises unless it is satisfied
                      that the construction of the petrol station commenced
10                    before the applicable day in which case the authority
                      may exercise any of the powers in section 96.
                                                                                   ".

     7.       Section 105 amended
              Section 105(7)(a) is amended by deleting "6 years" and
15            inserting instead --
              "     2 years   ".




 


[Index] [Search] [Download] [Related Items] [Help]