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 – Producers – Cellar Door Operations policy

May 30, 2019, 10:18 AM
Title : Extended Trading Permits – Producers – Cellar Door Operations policy
Introduction : The cellar door ETP provides producers with the opportunity to promote their products to the wider public within their region.
Select a publication type : Policy

Effective date: 1 December 2015
Last amended: 3 October 2018
Next review: October 2020

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

Section 61A of the Liquor Control Act 1988 (the Act), provides for the issue of a cellar door extended trading permit (ETP) to producers to enable them to establish, either individually or with other producers, a cellar door operation away from their respective licensed premises.

The cellar door ETP provides producers with the opportunity to promote their products to the wider public within their region.

A wine producer contemplating establishing a cellar door operation is limited to one operation per wine region where their licensed premises exist, whereas a beer or spirit producer is limited to one operation per local government district in which their production facilities exist.

Legislative provisions

Sections 60(4)(ia) and 61A of the Act collectively provide the authority that enables a producer to sell liquor under their licence from another premises in which a licensee would not ordinarily be authorised to sell their products from.

The authorisation will be in a form of a cellar door ETP attached to the producer’s licence. In the case of two or more producers operating from the same cellar door operation, a separate cellar door ETP will be issued against each individual producer’s licence involved in the operation, however those licensees will be jointly and severally liable in respect of any civil or criminal liability that attaches to the licensee under this Act.

Wine producing regions are as specified under section 4(1) of the Australian Grape and Wine Authority Act 2013(Cth).  Refer to Attachment 1 for the current wine producing regions of Western Australia. With respect to beer and spirit producers, Attachment 2 specifies all local government districts throughout the state.

Requirements

A cellar door ETP cannot be issued to a producer unless the licensing authority is satisfied that the:

  1. intended premises is fit for the purposes for selling liquor and the producer is entitled to use the premises for a cellar door operation; and
  2. applicant has consulted and obtained the support/approval of the relevant local government authority to conduct a cellar door operation.

In addition, the following requirements are required to be adopted by a producer in relation to the operation of cellar door ETP and may also be placed as conditions on the permit:

Management agreements

Section 61A(5) of the Act requires that where two or more producers are involved in a cellar door operation, there is a management agreement in place between the licensees for the purposes of managing the premises. A copy of the management agreement (and as amended from time to time) must be provided to the licensing authority.

The content of a management agreement is a matter for the relevant parties to determine. However, while the management agreement is not required to be approved by the licensing authority, as part of the agreement, it must specify that the persons actually selling the liquor at the cellar door is the employee or agent of all licensees involved in the cellar door operation.

Licensees will be jointly and severally liable in respect of any civil or criminal liability that attaches to the licensee under this Act.

Approved managers

In accordance with section 60(3)(b) of the Act, an approved manager must be in attendance at the premises at all times while liquor is authorised to be sold or supplied at the premises under the ETP. The management of premises subject to a cellar door ETP is to be undertaken by an unrestricted approved manager.

Signage/trading names

Premises where a cellar door ETP is operated a sign must be displayed in a conspicuous position at the exit/entry points to each part of the premises providing the following minimum detail:

  1. Class of Licence: Producer’s Licence.
  2. Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation may use a trading name. However, if it differs from a licensee’s current approved trading name it must be approved by the Director of Liquor Licensing. Please refer to the Director’s policy for Trading Names.

Incident/training registers

Incident and training registers are to be maintained on the premises at all times. For guidance on the minimum requirements of the registers please refer to the Director’s policies for Incident Registers at Licensed Premises and Mandatory Training.

Plans/permits/licence

The licensee(s) of a cellar door ETP must maintain on the premises a copy of each cellar door ETP relevant to the location, a copy of each respective producers licence and a plan of the premises subject to the ETP.

Unaccompanied Juveniles

Unaccompanied juveniles are not permitted to enter or remain on any premises subject to a cellar door ETP.

Liquor returns

Licensees are responsible for including any sales to other liquor merchants under a cellar door ETP in their respective annual liquor return.

Trading hours

The permitted trading hours for a cellar door ETP are:

  • Monday to Saturday: 8am to 10pm
  • Sunday:  10am to 10pm
  • ANZAC Day: 12noon to 10pm

No trading will be permitted on Good Friday or Christmas Day.

All cellar door ETPs will be conditioned with the permitted trading hours.

Profit Sharing

Where a licensee in a collective cellar door operation only receives the portion of revenue derived from the sale of their own product will not be required to lodge an application for profit sharing. However, licensees involved in a collective cellar door operation where the proceeds from the sale of liquor under the operation is on a share basis will be required to lodge an application for profit sharing under section 104 of the Act.

For further information in relation to profit sharing please refer to the Director’s policy for Profit Sharing and Management Agreements.

Application fees

The fee applicable to an application for a cellar door ETP is outlined in Schedule 3 of the Liquor Control Regulations 1989.

An application for a cellar door ETP lodged with an application for the grant of a producer’s licence does not attract a fee.

Lodging an application

An application for a cellar door ETP is to be lodged with the department . An application kit can be obtained from the department’s website.

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

Attachment 1 wine regions of Western Australia

Attachment 1 wine regions of Western Australia

Attachment 2 local government areas of Western Australia

Local governments in Western Australia
Tags :
  • cellar door
  • Extended Trading Permit
  • policy
  • producer
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