In a landmark liquor licensing decision a Perth restaurateur has been afforded the right to serve his customers alcohol without the requirement to serve a meal.
The proprietor of Perth-based 9Marys Indian restaurant, Murray Kimber, has been granted a heavily conditioned tavern licence, which effectively renders the venue as a restaurant that can serve patrons alcohol without a meal needing to be ordered.
Mr Kimber’s liquor licensing lawyer John Prior said his client stipulated a range of conditions when lodging his tavern application.
They included that the venue be smoke-free at all times and there would be no live bands or amplified music.
Other conditions imposed on 9Marys’ conditional tavern licence is the provision of seating for a minimum of 150 people at all times, and that food be available during all trading hours.
Mr Prior said the 11 conditions to the licence helped negate arguments from three commercial objectors – Box Deli, The Melbourne Hotel, and The Spirit Sound Bar – who argued that there were sufficient venues in Perth providing similar services to those offered by 9Marys.
Australian Hotels Association WA executive director Bradley Woods said the decision showed the flexibility in the licensing system for restaurateurs.
However, Mr Woods expressed concern that such a decision may set a precedent.
“I don’t think the public would want 2,500 licences in WA getting this, there are neighbourhood issues and health issues,” he said.
Liquor licensing lawyers spoken to by WA Business News said the decision proved it was possible for restaurateurs to get around WA’s restrictive liquor licensing laws.
