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RTO No: 52312

Reminder of what is an Approved Manager WA - DLGSC

4 June 2021

Approved manager and training requirements at licensed premises

Guidance for licensees on how to comply with:

  • The requirement to have an approved manager.
  • The mandatory training requirements for approved managers and other persons engaged in the sale, supply or service of liquor.

Approved Managers
Well managed premises and the responsible service of alcohol are seen as important tools in providing consumers with safer, more responsible venues that are committed to implementing harm-minimisation strategies.

In this context, the provisions of section 100 of the Liquor Control Act 1988 (the Act) require that there is always a person in a position of authority on the premises who is capable of managing and supervising the conduct of business and exercising authority over the activities that occur at the premises. They must be approved by the licensing authority as an Approved Manager.

In practice, the licensee must appoint someone to be the responsible person in charge of the premises. That person represents the licensee and therefore also carries responsibility in respect of the obligations under the Act. An appointed person (approved manager) must be present at the premises at any time the licensee is open for business.

A person seeking to become an approved manager must lodge an application with the department and pay the prescribed fee at a participating Australia Post outlet. Once the application is successfully lodged, that person is deemed to be an approved manager unless the licensing authority determines otherwise.

In determining whether to approve a person as a manager of licensed premises the licensing authority will assess the suitability in respect of whether that person is fit and proper to be approved.

There are two types of Approved Manager:

  1. Restricted: entitles the manager to work at Club, Club Restricted and Occasional licensed premises only.
  2. Unrestricted: entitles the manager to work at all types of licensed premises.

Temporary approved managers
Section 100(3) of the Act provides that where an approved manager is absent for any reason, the licensee or approved manager may appoint another person to act as a temporary manager for a period of:

  • Up to seven consecutive days; or
  • No more than seven days in any 28 day period.

The temporary manager provisions are intended to be used in extenuating circumstances and should not be used as a means for the licensee to evade their obligations to appoint an approved manager.

Some examples of appropriate uses of the temporary manager provisions include:

  • The approved manager has called in sick and the club cannot get another approved manager to work that shift on short notice.
  • The approved manager has to leave due to an emergency and there is no other approved manager on site to take his/her place.
  • The licensee terminates the approved manager’s employment on short notice.
  • The approved manager resigns with short notice.

Some examples of inappropriate uses of the temporary manager provisions include:

  • The approved manager does not feel like working today.
  • Where the approved manager has given sufficient notice that he/she is going on holidays and the licensee does not act to appoint another approved manager ahead of time.
  • The licensee does not roster an approved manager so as to save money.

A temporary manager cannot be someone who has been found not 'fit and proper' by the licensing authority.

It is good practice for the licensee to provide written authorisation to a person that they appoint as a temporary manager which can be recorded in the incident register.

Author: DLGSC WA