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 – sale and supply of liquor to non-members at club and club restricted licensed premises policy

May 30, 2019, 11:17 AM
Title : Extended Trading Permits – sale and supply of liquor to non-members at club and club restricted licensed premises policy
Introduction : Section 48(2) of the of the Liquor Control Act 1988 provides that a club licence authorises the sale and supply of liquor to club members and to the guests of members.
Select a publication type : Policy

Effective date: 10 May 1999
Last amended: 18 June 2020 
Next review: June 2022

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 for non-member functions and the circumstances that the licensing authority may have regard to when considering applications for these permits.  Licensees should also refer to the policy on Extended Trading Permits for One-Off Events or Functions in conjunction with Information Bulletin No. 14.

Section 48(2) of the of the Liquor Control Act 1988 provides that a club licence authorises the sale and supply of liquor to club members and to the guests of members.

In addition, section 48(2A) provides that a club licence authorises the sale and supply of liquor to a visitor for consumption on the licensed premises if the sale does not contravene the rules of the club.  A visitor is defined as a person who:

  1. is at least 40 km or, if a greater distance is prescribed for the purposes of this paragraph, at least that distance from their usual place of residence; and
  2. is visiting the club while travelling in the course of a holiday or travelling for leisure or business; and
  3. is required, at the time of their visit, to pay a fee to the club for the use of its facilities.

Clubs are required to make available an up to date register of visitors continually available for inspection at the club premises.

Pursuant to section 60 of the Liquor Control Act 1988, 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 circumstances to which that licence would not otherwise apply.

Section 60(4)(cb) specifically identifies that one of the purposes for which a permit may be granted is to authorise the sale and supply of liquor by club and club restricted licences, to persons who are not members (or genuine guests of a member) of the club for a special occasion or function.  For example, an open day, or function such as a wedding reception held by a non-member.   

As this type of extended trading permit allows clubs to sell and supply liquor to the general public, the function or event to be held must not conflict with the rules of the club’s constitution.

Generally speaking, a club will be able to apply for up to 24 permits to sell and supply liquor to non-members in any 12-month period.  Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12-month period, the onus will be on the club to demonstrate that the grant of the additional permit(s) will be in the public interest.

Lodging an application

An application for an extended trading permit under section 60(4)(cb) will be required to meet the following criteria:

  1. Applications must be submitted well in advance of the proposed function date.  Regulation 14AC of the Liquor Control Regulations 1989 identifies the minimum lodgement periods.
  2. A request to trade outside the permitted hours or the area of the licensed premises will require consent of the premises owner and local council. 
  3. Payment of the prescribed application fee as outlined in Schedule 3 of the Liquor Control Regulations 1989.
  4. Lodgement of a Form 7A Notice of Application for Extended Trading Permit for Non-Members.
  5. Applications for ‘non-members permits’ in excess of 24 permits in a 12-month period must be accompanied by written submissions demonstrating why the grant of further permits is in the public interest.
Tags :
  • club
  • 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