Extended trading permits

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.

Related policy

Extended Trading Permits – area (ongoing) policy

May 30, 2019, 11:43 AM
Title : Extended Trading Permits – area (ongoing) policy
Introduction : Guidance on the legislative requirements relating to extended trading permits (ETP) for extended areas.
Select a publication type : Policy

Effective date: 3 April 2019
Next review: 3 April 2021

Disclaimer

This policy guideline 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.

Introduction

This document provides guidance on the legislative requirements relating to extended trading permits (ETP) for extended areas and the circumstances that the licensing authority may have regard to when considering applications for this type of permit.

Pursuant to section 60 of the Liquor Control Act 1988(the Act), on application by the licensee, the licensing authority may grant an extended trading permit authorising the licensee to sell and supply liquor under the licence, according to the tenor of a permit,in a place to which that licence would not otherwise apply.

Legislative provisions

Section 60(4)(h) of the Act provides the authority that enables a licensee to sell liquor in a 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. Permits can be issued for up to a period of 10 years.

Section 61 of the Act sets out the pre-requisites for the grant of such a permit which includes:

  • the premises or area must be adjacent to the premises to which the licence relates;
  • the licensing authority must be satisfied that it is not more appropriate to redefine the licensed premises or grant an occasional licence; and
  • the licensee will, at times when the sale of liquor under the permit is authorised, be entitled to use the premises or area to which the permit is sought.

Applicants are advised that they are responsible to contact their local authority to ensure they have that authority’s required approvals to operate in the ETP area; for example;health or planning approvals, or noise exemptions.

Alfresco dining permits

The application requirements of this policy do not apply to ETP areas for alfresco dining. For information relating to Alfresco ETP’s please refer to the application kit available on the department’s website.

Factors involved in assessing relevant applications

In considering an ETP for an extended area, the Director will take the following factors into account:

  1. the proposed hours of operation in the area;
  2. the type of entertainment to be provided in the area;
  3. whether there is likely to be any adverse impact on the amenity of the locality in which the licensed premises is located;
  4. how the area is to be defined;
  5. the size and capacity of the area taking into account the existing toilet facilities;
  6. if the area covers a public thoroughfare, how the applicant will manage the potential for conflict between patrons of the venue and pedestrians or juveniles passing through the area; and
  7. depending on the size and proposed operation of the area,whether there should be a requirement for the licensee to provide notice to the Liquor Enforcement Unit of the local police when the area is to be activated.

In addition, it is important to consider the type of liquor licence that the permit relates to as the conditions of the licence will apply to the extended area. For example,should the holder of a restaurant licence apply for an extended area permit, the conditions of the licence will still apply to the extended area i.e. liquor will only be able to be consumed by persons ancillary to a meal provided by the licensee (unless a liquor without a meal ETP applies); or, if the holder of a small bar licence applies for an extended area the maximum number of persons permitted in the whole of the area will not be able to exceed 120 persons. Restaurants holding a liquor without a meal permit for 120 persons or less will likewise be limited to the numbers imposed on the licence.

Ongoing extended area permits will not be issued to extend an area that is for the purpose of packaged liquor sales.

Standard conditions

To ensure that the area operates in accordance with the Act, and to minimise any impact on the amenity of the locality conditions that may be imposed on the permit include, but are not limited to, the following:

  1. Numbers limitation
    The number of persons permitted entry to the area covered by the extended trading permit licensed area is not to exceed (the number specified). Note: Where this permit applies to a small bar licence, the maximum persons permitted under the areas defined by the licence including the extended trading permit cannot exceed 120.
  2. Delineation
    Appropriate fencing or another means of physical delineation is to be positioned around the boundary of the licensed area so as to clearly define the licensed premises.
  3. Packaged liquor
    The sale and supply of packaged liquor for consumption off the licensed premisesfrom the permit areais prohibited.
  4. Unsealed containers only
    Liquor sold or supplied in the area must be supplied in unsealed containers.
  5. Notification
    Notice must be given to the Liquor Enforcement Unit of the Western Australian Police Force a minimum of 14 days before the area is to be activated when more than 200 persons are expected to be in the area.

In addition to the above conditions, it is open to the licensing authority to impose additional conditions on a licence or permit in order to:

  • ensure that the premises trades in accordance with the tenor of the licence or permit;
  • minimise alcohol-related harm;
  • reduce the likely or potential impact on the amenity of the area; or
  • for any other reason considered by the licensing authority to be in the public interest.

Application fees

The fee applicable to an application for an area ETP (section 60(4)(h)) is outlined in Schedule 3 of the Liquor Control Regulations 1989.

Lodging an application

An application for an (ongoing) ETP for extended area is to be lodged with the Local Government, Liquor and Gambling Division. An application kit can be obtained from the department’s website.

Applicants are advised that the Director may require the lodgement of a public interest assessment and the application maybe required to be advertised pursuant to section 67 of the Act.

Customer service officers are available during office hours to assist applicants understand the requirements relating to the lodgement of an ETP for extended area. Enquiries can be made by email at rgl@dlgsc.wa.gov.au or by telephoning +61 8 6551 4888.

 

Tags :
  • Extended Trading Permit
  • policy
Categories :
  • Liquor
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Types of ongoing extended trading permits

There are ten permanent extended trading permit types:

  • Alfresco dining
  • Area
  • Associations
  • Catering
  • Cellar door premises
  • Dining area
  • Lodgers/residential accommodation
  • Ongoing hours
  • Sell liquor without a meal (Unrestricted)
  • Sell liquor without a meal (Restricted)

Alfresco dining

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.

Area

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.  

Associations

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.

Catering

This permit type authorises the licensee to sell liquor on days other than Good Friday on the days and hours specified by the licensing authority, as a caterer when engaged by a third party to provide services. 

Cellar door 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.

Dining area

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.

Lodgers/residential accommodation

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.

Ongoing Hours

This permit type is used to increase the existing trading hours on the liquor licence. 

Sell liquor without a meal (Unrestricted)

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:

  • The restaurant must always be set up and presented for dining.
  • Tables can't be removed or shifted in order to create dance floors.
  • The kitchen must be open and operating at all times liquor is available and the restaurant's regular full menu must be available at all times.
  • Liquor may only be consumed by patrons seated at a dining table.
  • Table service only by restaurant staff, no bar service.
  • The venue can't be advertised as anything but a restaurant.
  • The permit does not automatically apply to an area currently trading under an al fresco extended trading permit. This would need to be requested.

Sell liquor without a meal (Restricted)

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:

  • The restaurant must always be set up and presented for dining.
  • Tables can't be removed or shifted in order to create dance floors.
  • The kitchen must be open and operating at all times liquor is available and the restaurant's regular full menu must be available at all times.
  • Liquor may only be consumed by patrons seated at a dining table.
  • Table service only by restaurant staff, no bar service.
  • The venue can't be advertised as anything but a restaurant.
  • The permit does not automatically apply to an area currently trading under an al fresco extended trading permit. This would need to be requested.

Types of one-off event permits

There are 6 types of one-off event permits

  • Area
  • Cocktail functions
  • Hours
  • Non-member functions
  • Nightclub functions
  • Offsite catering

It is possible to apply for multiple categories of these permit within the one application to cover your event.

Area

This permit type is used to extend the area for a one-off event to be held adjacent to the existing liquor licensed premises.

Cocktail functions

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.

Hours

This permit type is used to extend the hours for a one-off event to be held on the liquor licensed premises.  

Non-member functions

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. 

Nightclub Functions

This permit type is used to waive the requirement for continuous live entertainment for a special occasion or function.

Catering

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.

Page reviewed 21 June 2019