Section 40 Liquor Licence

The sale of liquor from a premises requires a Liquor Licence from the Department of Local Government, Sport and Cultural Industries.

Prior to lodging your application 

Before a Liquor Licence can be lodged with the Department, applicants should contact the Shire to obtain a:

  • Section 39 (Certificate of Local Health Authority); and
  • Section 40 (Certificate of Local Planning Authority)

Section 39 and 40 certificates apply to:

  • The granting or removal of a licence
  • The altering or redefinition of a venue including renovations
  • An application for an alfresco area 
  • Applications for 'liquor without a meal' permits.

A Section 40 Certificate is required to state whether or not the premises complies with all relevant requirements of the:

  • Planning and Development Act 2005
  • Planning and Development (Local Planning Schemes) Regulations 2015; and
  • Shire’s Local Planning Scheme No.4 and Policies.


In issuing Section 39 and 40 Certificates, the Shire requires:

  • A completed (and signed) application form
  • A site plan showing location of the premises to be licensed including any development approval(s) that has been issued
  • A detailed floor plan of the premises identifying the portion of the building to which the liquor licence will apply
  • Payment of the application fee.

Download a copy of the forms here:

 Lodging your application 

Importantly, it is the Department of Local Government, Sport and Cultural Industries (DLGSCI) and not the Shire, that is ultimately responsible for undertaking a Public Interest Assessment and determining liquor licence applications.  Visit the DLGSCI website page for further information.

More information and contact

If you have any queries, the Shire’s Planning Department can be contacted regarding Section 40 applications, and the Shire’s Health Department can be contacted regarding Section 39 applications, on 9290 6666 or via shire@mundaring.wa.gov.au