The amendments to the Liquor Control Act have now passed through Parliament with their commencement as law imminent. There are a number of key changes which impact on liquor stores, in particular the larger liquor barns. There is now a prohibition on granting, removing, altering or redefining packaged liquor premises in certain circumstances.  The Act prohibits the application for the grant of a new packaged liquor outlet or for the

Data protection is afforded in Australia by the Privacy Act’s in each State and Territory. These laws regulate the collection, use and disclosure of information about individuals and businesses. With the development of technology and the omnipresent threat of cyber-criminals and hackers, the law is constantly needing to evolve to provide sufficient safeguards for the data and personal information of internet users. In 2018, the following legislative developments have reached

Despite being introduced over six years ago, the Personal Property Securities Register or the PPSR is still widely unknown in business. What is the PPSR? The PPSR is the single national register of security interests in personal property.  Personal property includes vehicles, stock and equipment or basically anything that is not land, buildings or fixtures. A security interest is an interest in personal property that secures payment of a debt

Image rights are the right to one’s own image and the ability to decide when, how and by whom one’s physically recognisable features, including image, voice and name, can be captured, reproduced and/or published. In Australia, a person does not necessarily have a proprietary interest in their own image rights, however the law has allowed a person to grant a licence to a third party for the exploitation of one’s

The highly anticipated Liquor Control Amendment Bill 2018 was presented to Parliament on 20 February 2018, and passed the lower house on 10 April 2018. In keeping with his election commitment, Premier Mark McGowan introduced a range of improvements in the way liquor outlets around the state are controlled.  There are a number of key changes proposed which impact on liquor stores, in particular the larger liquor barns. As a result,

Registration of a trade mark offers different, and important, protections to the registration of a business name.  Whilst both can be used to identify your business, registering your business name does not give you legal proprietary rights over that name. Business Name A business name is the name under which your business operates.  You only need to register a business name if you are trading under a name that is

Pursuant to the Liquor Control Act 1988 (WA) the primary and predominant purpose of a restaurant must be the regular supply of meals to customers seated at a dining table (or similar fixed structure). However, restaurants can obtain an extended trading permit to serve liquor without a meal. If the capacity of the premises is less than 120 persons, then the process for obtaining an extended trading permit is relatively

Dubbed the ‘Unfair Contracts Act’, recent changes to legislation finally provides parties to standard form contracts with greater protection. A standard form contract is one that has been prepared by one party to the contract and where the other party has little or no opportunity to negotiate the terms of the contract, effectively it is a ‘take it or leave it’ contract. These changes apply to contracts entered into on

If leasing a hospitality premises, it is critical to get the lease right or your business will suffer. Whilst recent data is showing a slow and stagnant market, one thing remains constant with any business, rent.  Behind staffing costs, rent is one of the largest expenses for any hospitality venue. Therefore, it is critical that the rent payable is sustainable and the other terms and conditions of the lease are

Whilst distilleries were forgotten in the recent review of the Liquor Control Act 1988 (WA), common sense has finally prevailed with at least one distiller in Western Australia now allowed to sell their spirit sample product with a mixer. Section 55 of the Liquor Control Act covers wine, beer and spirit producers, however, all is not equal with distillers not allowed to sell or supply their own product for on