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 – restaurants holding finger food/cocktail functions policy

May 30, 2019, 10:56 AM
Title : Extended Trading Permits – restaurants holding finger food/cocktail functions policy
Introduction : 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.
Select a publication type : Policy

Effective date: 3 February 2012
Last amended: 18 June 2020 
Next review: June 2022

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 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:

  1. (a) that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food; and
  2. (b) that is of sufficient substance as to be ordinarily accepted as a meal; and
  3. (c) that may consist of one or more courses,

but does 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.

Section 60(4)(f) provides the purposes for which an extended trading permit may be issued to a restaurant in respect of a function where no meal is being supplied.

This policy provides guidance as to the circumstances in which permits may be considered for restaurants that are holding finger food or cocktail style functions.  This policy should be read in conjunction with the Director’s policies on Extended Trading Permits – Hours and or Area for ‘One-off’ Events or Functions and Extended Trading Permits – Restaurants to Sell and Supply Liquor Without a Meal.

General restrictions and conditions of approval

Restaurant licences may seek a permit to authorise the sale and supply of liquor at a private function being held on the licensed premises where no meal is being supplied.

With the exception of a “Grand Opening” and New Year’s Eve functions, permits will generally not be granted where the licensee is seeking to host a function that is open to the public. 

Applications will generally be considered where a patron has approached the licensee to hold a private function, for example; a birthday/wedding anniversary celebration, wedding reception, or fashion launch/parade.

Generally no more than twenty four (24) permits of this kind may be issued in a 12 month period.

Tags :
  • Extended Trading Permit
  • liquor
  • policy
  • restaurant
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