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 – caterers ongoing policy

May 30, 2019, 11:54 AM
Title : Extended Trading Permits – caterers ongoing policy
Introduction : Guidance on extended trading permits that are sought for providing catering services (with or without food) at venues away from the licensed premises.
Select a publication type : Policy

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

Disclaimer

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.

Introduction

On application by the licensee, the licensing authority may, under section 60 of the Liquor Control Act 1988 (‘the Act’), grant an extended trading permit 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.This document provides guidance on extended trading permits that are sought for providing catering services (with or without food) at venues away from the licensed premises.

Legislative provisions

Section 60(4)(a)of the Act outlines that the purpose for which an extended trading permit may be granted is catering, authorising the licensee to sell liquor as a caterer.The licensee must be engaged by a third party to provide catering services and trading will be authorised on days other than Good Friday and during the hours specified in the permit. This type of permit may be granted for an ongoing period of up to 10years.

Public interest

In terms of the public interest, undersection 33(1) of the Act, the licensing authority has an absolute discretion to grant or refuse an application on any ground or for any reason the licensing authority considers to be in the public interest.

Other legislative obligations

Approved Manager

Section 100(2a) of the Act requires that an approved manager must be present at the licensed premises at any time when business is conducted at those premises.In this regard, a licensee may choose to employ a number of approved managers.For further information on the requirements relating to approved managers, please refer to the Director’s policy titled Managers at Licensed Premises.

Mandatory training

The Act imposes mandatory training requirements on licensees, approved managers, supervisory staff and bar staff in relation to the management of licensed premises and the responsible service of alcohol. There is also a requirement for licensees to maintain a training register that records employee information and their training compliance.For further information on the mandatory training requirements and the register, please refer to the Director’s policy titled Mandatory Training.

Drinking water

Water suitable for drinking must be provided free of charge at all times when liquor is sold for consumption on the premises. For guidance on the minimum requirements in respect of this condition, please refer to the Director’s policy titled Free Drinking Water.

Incident register

The licensee is required to maintain a register of the incidents, of the prescribed kind, that take place at the licensed premises.For guidance on the minimum requirements in respect of this register, please refer to the Director’s policy titled Incident Registers at Licensed Premises.

General licence conditions

The following conditions will normally be imposed to maintain the integrity of the licence classification system in relation to the conduct of a catering business:

  1. A person who engages a licensee as a caterer to supply liquor at a function (as defined by section 3 of the Act), must not be a related body corporate of the licensee;
  2. Where a licensee is engaged as a caterer in the following circumstances, it is not required to seek a variation of the conditions of the permit if;
    1. liquor is provided to guests throughout the event, free of charge, either with or without food, irrespective of the number of guests in attendance;or
    2. liquor is sold and supplied directly to guests throughout any stage of the event, either with or without food, where no more than 200 people are expected to be in the licensed area at any one time.
  3. Where a licensee is engaged as a caterer to sell and supply liquor directly to guests at a function where more than 200 people are expected to be in the licensed area at any one time, the licensee is required to seek approval from the Director of Liquor Licensing via an application to vary the conditions of the permit in accordance with the following requirements:
    1. if the anticipated number of persons in the licensed area is not greater than 500, the application must be lodged with the Director no less than 14 days prior to the event;or
    2. if the anticipated number of persons in the licensed area is greater than 500but not greater than 5000, the application must be lodged with the Director no less than 30 days prior to the event;
    3. if the anticipated number of persons in the licensed area is greater than 5000, the application must be lodged with the Director no less than 60 days prior to the event;and
    4. the application is required to be accompanied by the following:
      • a map of the venue or area from which liquor is to be sold, supplied and consumed to be outlined in red;
      • details of how the event will be managed/conducted;
      • the date of the event, including start and finish times;▪details of the person engaging the licensee and organising the event;
      • an application with fee (under s 104 of the Act) for any profit sharing arrangement between the licensee and another entity;
      • details of the manner in which liquor will be sold and supplied at the event; and
      • confirmation that consent is given by the owner or occupier of the premises where theliquor is to be sold or supplied.
    5. the information contained within the submission as prescribed above must:
      • be provided in its entirety at one time (i.e. the information must not be submitted in parts, unless immediate and consecutive); and
      • be served on the Liquor Enforcement Unit of the Western Australian Police in thesame manner mentioned above.

       

     

An application fee will not be charged to vary the permit in these circumstances.

It is recommended that licensees refer to the Director’s policy on Temporary Bars before lodging an application to vary the conditions of the permit.

Non-compliance

Licensees should be aware that the approval of an extended trading permit can be withdrawn. If a licensee fails to comply with the conditions of the permit, the licensing authority may:

  1. cancel the permit under section 60(8a) of the Act. Permits may be cancelled, at the absolute discretion of the licensing authority, if it is satisfied that the permit is no longer appropriate nor in the public interest;
  2. cancel the approval given under section 63(a) of the Actin respect of a special facility licence;
  3. issue an infringement under section 167 of the Act to the licensee and approved manager;
  4. require the licensee to show cause why more restrictive conditions should not be imposed on the licence(section 64); and/or
  5. lodge a section 95 complaint for disciplinary action against the licensee.

Application kits

Application kits containing the lodgement guide and all the required forms can be obtained from the department’s website aor by contacting the department on +61 8 6551 4888

Tags :
  • catering
  • Extended Trading Permit
  • policy
Categories :
  • Liquor
Related local governments

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