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

Last Modified: 22-Mar-2022 Review Date: 02-Jan-2018

 ‭(Hidden)‬ Legislation

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, you should consider making an application for a liquor restricted premises declaration (application). 


The paramount consideration is the best interests of the child and every child should be treated as a valued member of society in a manner that respects the child's dignity and privacy.

Alternatively, after discussion with your team leader, you may decide to assist a parent or carer to make their own application.  In this situation, the assessment and approval stages do not need to be completed.  

Applications are made through the Department of Local Government, Sport and Cultural Industries (DLGSC) on behalf of the Chief Executive Officer (CEO) of the Department of Communities (the Department)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 under the Liquor Control Act 1988.

Rules

  • The application must form part of a broader safety plan created through the Signs of Safety mapping process.

  • Before making the application, you must consult with and consider the views of:
    • the family or carer (however, you don't need consent to proceed with the application).

    • other relevant services engaged with the family, including local drug and alcohol services, and 

    • Western Australia Police (WA Police) and Housing Services, and notify both agencies of the  Department's intention to make an application for the premises to be declared liquor restricted.

Process Maps

Information and Instructions

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

    Applications to DLGSC 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.

    You must complete a Child Safety Investigation (CSI) to determin if excessive use of alcohol in the home is impacting on the safety and wellbeing of the child.

    You must discuss the CSI with your team leader and consider whether to proceed with an application. 


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    Application method and type

    If you decide that making an application is appropriate, you should: 

    • assist the family to make their own application as an occupier of the property, or

    • prepare an Application on behalf of the CEO of the Department.

    Assisting a family to submit their own application encourages them to increase their children's safety and wellbeing by restricting the use of alcohol in their home.

    Where this is not able to do this, your should proceed with the application, provided it forms part of the overall plan to address safety and wellbeing issues. 

    An application on its own will not achieve safety for the child.

    Consider whether the application: 

    • is for all or part of the premises (most 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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    Consent

    Before lodging the application, you must advise all owners and occupiers of the property of your intention and ask them to provide consent.  

    Download the DLGSC Acknowledgement and Consent Form - Liquor Restricted Premises  and ask owner or occupiers to record their consent (link to the form is also in related resources).  If the owner or occupier does not sign the consent form, record their reasons for this and attach it to the application.

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    Supporting information

    You must collate all supporting documentation, complete the applicaton and forward to your district director for approval before lodging the application with DLGSC.  Refer to 'Approval' section below.

    You must complete Form 19 Notice of Application for a liquor restricted premises declaration and attach the following supporting documentation:

    • An illustrated plan of the premises clearly showing the extent of the area to be declared a Liquor Restricted Premises (request this from Housing or the property owner).

    • Proof of ownership where the applicant owns the property (mortgage payments document, property title, etc.).

    • Copy of the tenancy agreement to demonstrate occupancy.

    • Acknowledgement form to show that all owners or occupiers have been advised that an application will be lodged with the section of consent to the application completed.

    Also attach a brief explanation of the assessment stating that a declaration is required to improve the safety and wellbeing of the child. 

    When you are assisting an occupier to make a voluntary application, there is no need to provide extensive information, however, attach the brief explanation of our assessment to support their application.

    Contact DGLSC by email for information on the application fee: rgl@dlgsc.wa.gov.au   

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    Approval

    Where the application is being made on behalf of the CEO, you must forward the following documents to your district director for approval:

    • The completed Approval to Submit Application for a Liquor Restricted Premises Declaration.

    • The completed Application for a Liquor Restricted Premises Declaration. 

    • Other supporting documentation.  

    • The outcome of the CSI.  

    The district director then forwards 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 you receive the signed application, you must email it and the  supporting documentation to DLGSC at rgl@dlgsc.wa.gov.au.

    The DLGSC enters the details of the applicationand commences their assessment process (usually several weeks). They will contact the occupier to give them the opportunity to respond.

    For more information on the DLCSC assessment process refer to their website.  

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    Outcome of application

    the CEO will be notified of the outcome of the application and reasons by DLGSC.  

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

    • the applicant (either the CEO or the occupier)
    • the WA Commissioner of 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.

    If you find or suspect alcohol use in a liquor ristricted premises, you must contact WA Police. 

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    Additional assistance

    For more information and support, including assistance in obtaining supporting documentation and information on application fees, contact:

    • the DLGSC's  Industry Services Team on 65514980, or

    • switchboard on 6551 4888. 

    Postal address:

    PO Box 8349 

    Perth Business Centre  WA  6849

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