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1.4.2 Alcohol and other drug issues - application for a liquor restricted premises declaration

Last Modified: 27-Jul-2018 Review Date: 02-Jan-2018

Purpose

These guidelines outline the process and approvals required for an application to the Director of Liquor Licensing to have premises declared liquor restricted under the Liquor Control Act 1988.

Practice Requirements

 
  • Child protection workers must complete a Safety and Wellbeing Assessment (SWA) before making an application for premises to be declared liquor restricted and discuss the outcome with their team leader.
  • As part of the process, the Western Australian Police (WA Police) must be consulted and notified of the Department of Communities' (the Department) intention to make an application to the Department of Racing, Gaming and Liquor (RGL) for the premises to be declared liquor restricted (Application).
  • Child protection workers must advise all owners and occupiers of the premises that an Application is being made.
  • Where the occupier is a tenant of the Department of Communities Housing division (Housing), Housing must be notified of the intention to make an Application.
  • All supporting documentation must be attached to the Application before it is submitted to the district director for approval.

 

Process Maps

Procedures

  • Overview
  • Assessment
  • Application method and type
  • Consultation
  • Consent
  • Supporting information
  • Notification
  • Application
  • Approval
  • Outcome of application
  • Additional assistance
  • Overview

    Where excessive use of alcohol in a home is impacting on the safety and wellbeing of a child and reasonable efforts have been made to engage with the child’s parent or carer to limit the use of alcohol on the premises, the child protection worker should consider making an Application. An Application must form part of a broader safety plan created through the Signs of Safety mapping process.

    Alternatively, a decision may be made for a child protection worker to assist a parent or carer to make an Application on their own behalf. Where the child protection worker is assisting a family to make their own application, the assessment and approval stages do not need to be completed.

    If granted, a liquor restricted premises declaration will make it an offence for any occupier or visitor to consume alcohol within the declared area or residence.

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    Assessment

    The child protection worker must complete a SWA to determine if excessive use of alcohol in the home is impacting on the safety and wellbeing of the child.

    The child protection worker must discuss the SWA with their team leader and consider whether to proceed with an Application.

    Applications to RGL may be appropriate in cases where:

    • a child is an open case to the Department, and
    • the safety and wellbeing of the child is put at ongoing risk as a result of excessive drinking by those living in, or visitors to the home.
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    Application method and type

    Where it is considered appropriate to make an Application, the child protection worker should:

    • assist a family to make their own application as an occupier of the property, or
    • prepare an Application on behalf of the Chief Executive Officer (CEO), Department of Communities.

    Assisting a family to make their own Application is a way of encouraging families to increase the safety and wellbeing of their children through restricting the use of alcohol in their home.

    Where this is unable to be achieved, the child protection worker should proceed with an Application, provided it forms part of an overall plan to address safety and wellbeing issues. An Application on its own will not achieve safety for the child.

    Consideration should be given to whether the Application:

    • is for all or part of the premises (the majority of the time, the area to be declared will be the entire property)
    • will be for 12 months or specific dates or nominated times, and
    • requires any specific conditions or exemptions.
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    Consultation

    Prior to making the Application, the child protection worker must consult with and consider the views of the WA Police.

    It is considered best practice for the child protection worker to consult with the family or carer prior to making an Application. However, a family’s consent is not required to proceed with the Application.

    The child protection worker should also consult and consider the views of other relevant services engaged with the family, including local drug and alcohol services.

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    Consent

    All owners and occupiers of a property must be advised of the Application prior to lodging the Application. Any consent that is obtained should be provided on RGL’s Acknowledgement and Consent Form - Liquor Restricted Premises (in related resources) RGL does not require the signature on the Form of an owner or occupier who does not consent, however the reason consent was not given should be attached to the application.

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    Supporting information

    The child protection worker should attach the following documentation to the Application:

    • An illustrated plan of the area - the child protection worker can obtain an illustrated plan by requesting a copy from the owner (this will often be Housing) or occupier.
    • A copy of the Tenancy Agreement or proof of ownership if the occupant owns the property.
    • Any available supporting information such as witness statements, police records, school reports, local council complaints or documentation relating to other agencies involvement with the family.
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    Notification


    • If the client is a tenant of Housing, the child protection worker must advise Housing of the proposed Application.
    • Any owner or occupier of the premises who does not consent should be advised that Communities intends to proceed with the application.
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    Application

    Provided the above steps have been completed, the child protection worker should have sufficient information to complete the Application for a Liquor Restricted Premises Declaration Form (in related resources).

    When a child protection worker is assisting an occupier to make a voluntary Application, there is no need to provide extensive information or a copy of the SWA in the Application. A brief explanation of Communities' assessment stating that a declaration is required to improve the safety and wellbeing of the child is all that is required.

    RGL have agreed to waive the application fee for Applications made by the CEO, Department of Communities. If an occupier is being assisted to make an application, there is no fee payable. 

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    Approval

    Where the Application is being made on behalf of the CEO, the child protection worker must provide the district director with the following documents for approval:

    • Approval to Submit Application for a Liquor Restricted Premises Declaration (in related resources)
    • Application for a Liquor Restricted Premises Declaration (in related resources)
    • supporting documentation, and
    • the SWA.  

    The district director will forward the application to the CEO. The CEO has the non-delegable authority to make applications for premises to be liquor restricted and must personally sign each Application.

    When the child protection worker receives the signed application, it and any supporting documentation must be emailed to RGL at rgl@rgl.wa.gov.au.

    RGL will enter the details of the Application into our online account (created by RGL) and commence their assessment process (usually several weeks). RGL will contact the occupier to give them the opportunity to respond.

    For more information on the RGL assessment process please see the Liquor Restricted Premises Information Bulletin (in related resources).

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    Outcome of application

    RGL will notify the CEO of the outcome of the Application and the reasons.

    If a declaration is made, RGL will provide a copy to:

    • the applicant (either the CEO or the occupier)
    • the Commissioner for Police, and 
    • any person who owns or occupies any part of the liquor restricted premises.

    If the CEO is the applicant and a residence is declared liquor restricted, we are responsible for putting up the signage. The WA Police may assist with this on request.

    When a child protection worker finds or suspects alcohol in a liquor restricted premises they must contact WA Police.

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    Additional assistance

    RGL’s Licensing Team can be contacted for additional advice and support (including assistance in obtaining supporting documentation) on:

    • Customer Service Officer, ph: 9425 1918
    • Deputy Director Licencing, ph: 9425 1844, or
    • Regional Community Engagement Officer, ph: 9425 1887
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