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.
Application for Liquor Restricted Premises Declaration Flowchart
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.
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:
Where it is considered appropriate to make an Application, the child protection worker should:
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:
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.
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.
The child protection worker should attach the following documentation to the 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.
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:
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 firstname.lastname@example.org.
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).
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:
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.
RGL’s Licensing Team can be contacted for additional advice and support (including assistance in obtaining supporting documentation) on: