Effective date: 3 April 2019
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.
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.
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:
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.
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 online lodgement guide available on the department’s website.
In considering an ETP for an extended area, the Director will take the following factors into account:
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.
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:
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:
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.
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 email@example.com or by telephoning +61 8 6551 4888.
Do not submit enquiries with this form.