Information on the types of Extended Trading Permits.
Section 60 of the Liquor Control Act 1988 (the Act) provides for a licensee to apply for extended trading permits authorising the licensee to sell and supply liquor under the licence, according to the tenor of a permit, in circumstances to which that licence would not otherwise apply. Subject to the provisions provided by the Act permits, can be applied for either on an ongoing basis (generally granted for ten years) or for one off events.
If a licensee is found in breach of the conditions of their permit, or if it is determined that the permit is no longer in the best interest of the public, the permit can be cancelled immediately.
This permit type is used for licensees who wish to provide liquor to patrons seated in an alfresco area adjacent to the licensed premises. Freehold owner consent and plans of the proposed permit area will be required for a permit to be granted.
This permit type is used for licensees who wish to provide liquor in an adjacent specified area that would not otherwise be authorised under the licence, on such days and between such hours on those days as may be specified.
This permit type is used to authorise the licensee of a club (not including club restricted) or special facility licence to sell liquor for consumption on a specified part of the premises to a separate group of persons with a common interest in the use of the premises. For clubs, a prerequisite is that their constitution must allow associations to use a part of their licensed premises.
This permit authorises the holder of a producer’s licence to sell their liquor product on specified premises on which the licensee would not otherwise be authorised.
This permit type is used to authorise the sale of liquor ancillary to a meal outside the normal licensed hours in a specified dining area for hotel, nightclub and producer’s licences only.
This permit type is used to authorise a restaurant licensee to sell and supply liquor at any time to a lodger who is residing in the residential accommodation operated by the licensee and located at the restaurant premises.
This permit type is used to increase the existing trading hours on the liquor licence.
This permit type authorises the licensee to sell liquor via table service for consumption on the premises whether or not ancillary to a meal. Strict conditions may apply to liquor without a meal permits including, but not restricted to:
This permit type authorises the licensee to sell liquor via table service for consumption on the premises whether or not ancillary to a meal. A maximum numbers limitation will be imposed on the premises & permit of 120 patrons or, if the capacity of the premises is lower, a lesser number will apply.
Strict conditions may apply to liquor without a meal permits including, but not restricted to:
There are 6 types of one-off event permits
It is possible to apply for multiple categories of these permit within the one application to cover your event.
This permit type is used to extend the area for a one-off event to be held adjacent to the existing liquor licensed premises.
This permit type allows the licensee of a restaurant liquor licence to serve liquor to patrons not necessarily seated and not ancillary to a meal.
This permit type is used to extend the hours for a one-off event to be held on the liquor licensed premises.
This permit type is used when the holder of a Club or Club Restricted liquor licence wishes to hold an event for non-members (ie persons not members of the club or guests of members). It allows for non-members to purchase liquor directly from the bar without being a member or a guest of a member.
This permit type is used to waive the requirement for continuous live entertainment for a special occasion or function.
This permit type is used by a licensee who has been engaged to cater for a one-off function not at the licensed premises for a one-off private function.
Effective date: 7 May 2007 Last amended: 12 August 2020
This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.
Section 50 of the Liquor Control Act 1988 (‘the Act’) authorises a restaurant licence to sell and supply liquor for consumption on the licensed premises only ancillary to a meal supplied by the licensee and eaten by the patron on the licensed premises.
A ‘meal’ is defined by the Act as food:
but does not include any food prescribed by the Liquor Control Regulations 1989 not to be a meal.
When read as a whole, the provisions of the Act in relation to restaurants (that is; sections 50 to 53) mean that the business conducted under a restaurant licence must consist primarily and predominantly of the regular supply to customers of meals to be eaten on the premises, by patrons seated at a dining table or fixed structure used for dining.
The Act provides flexibility, by way of an extended trading permit, for a restaurant licensee to also sell liquor without a meal, in certain circumstances. In this regard, however, section 50(1a) specifically provides that the consumption of liquor without a meal can only occur where an extended trading permit has been issued under section 60(4)(ca) of the Act, and only where the patron is sitting at a table, or at a fixed structure used as a table.
Section 50A of the Act provides that when the licensing authority grants a restaurant licence that is subject to a condition limiting the maximum number of persons (excluding responsible persons and authorised officers) who may be on the licensed premises to 120, an extended trading permit may also be issued under section 60(4)(ca).
Further, section 53 of the Act provides that the authority conferred by section 50 or by an extended trading permit may be conditioned such that:
This publication provides guidance as to the legislative requirements associated with “liquor without a meal” permits and the matters that the licensing authority may have regard to when considering such applications.
Section 60(4)(ca) of the Act provides that an extended trading permit may be issued to a licensee of a restaurant, authorising the licensee to sell liquor for consumption on the premises, without a meal, during the hours which are permitted hours under a hotel licence and as set out in section 98. These permits are an addition to the licence and complement the authority granted under that particular licence; that is, permits do not alter the primary and predominant purpose of a licence type.
In essence, extended trading permits are a privilege and are not an automatic right.
A licensee seeking the grant of “liquor without a meal” permit will be required to submit the documentation identified in the department’s lodgement guide applicable to the application type. Application kits containing the lodgement guides and all the required forms can be downloaded from the department’s website or by contacting the department on 61 8 6551 4888.
To ensure that restaurants do not become de-facto bars, conditions will be imposed so as to maintain the predominant purpose of a restaurant – that is, the regular supply of meals.
Where an application for a “liquor without a meal” permit is granted, in accordance with the powers given by section 53 and section 64 of the Act, the licence will be conditioned so that liquor may only be consumed by patrons while seated at a table, or a fixed structure used as a table for the eating of food, and not elsewhere and the sale and supply of liquor to patrons will be restricted to table service by staff of the licensee.
Further, conditions that may be imposed on the permit include, but are not limited to, the following:
Applicants for a “liquor without a meal” permit for may be expected to confirm that they have read and understood these standard conditions prior to a determination on the application being made. Further, licensees may be expected to confirm what menus are available for patrons to order from throughout the permit hours.
If a licensee fails to comply with the conditions of the permit, the licensing authority may decide to: