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.
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 ongoing(i.e. long term)or indefinite circumstances and the factors that the licensing authority may have regard to when considering applications for these permits.
Where appropriate, this document should be read in conjunction with the Director’s policy Extended Trading Permits —Restaurants to Sell/Supply Liquor Without a Meal or Extended Trading Permits — Sunday Trading for Non-Metropolitan Liquor Stores
or Extended Trading Permits — Caterers — Ongoing or Extended Trading Permits — Area (Ongoing).
Section 60(4) of the Act outlines the purposes for which extended trading permits may be issued. Ongoing and indefinite permits may be sought for the following purposes:
Where a licensee is seeking to provide catering services (with or without food)at avenue away from their licensed premises. 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 10 years (see Director’s Policy Extended Trading Permits — Caterers-Ongoing).
Where a hotel, nightclub or producers licence includes a specified dining area and the serving of liquor (ancillary to a meal) is required in this area outside of the normal licence trading hours. The dining area must be controlled by the licensee (not
a third party) during the extended trading permitted hours. Provided these terms continue to be met, this type of permit may be granted for an indefinite period.
Where a restaurant is located within guest accommodation (operated by the licensee) and the licensee wishes to sell liquor to a lodger at any time, ancillary to a meal or otherwise. Liquor can be served to lodgers in any area reserved for the private
use of lodgers. In this circumstance, the Director must be satisfied that the predominant purpose of the premises within which the restaurant is located is to provide guest accommodation.
Provided the accommodation continues to be operated by the licensee, this type of permit may be granted for an indefinite period.
or a restaurant to serve liquor to patrons that is not ancillary to a meal(see Director’s Policy Extended Trading Permits —Restaurants to Sell/Supply Liquor Without a Meal). This type of permit may be granted for an ongoing period up to 10 years.
To enable a liquor store licensee to deliver or supply liquor after permitted trading hours have ceased (but before 12 midnight), provided the liquor was sold or agreed to be sold during permitted trading hours.This type of permit may be granted for an
To enable the licensee of a club or special facility licence to sell liquor to a member (or the guest of a member) of an association of persons attending the licensed venue together by reason of a common interest. Each member of the visiting association
is permitted to bring up to 5 guests. This type of permit may be granted for an ongoing period of up to 10 years.
To allow the licensee to extend the permitted trading hours of the premises. This type of permit may be granted for an ongoing period of up to 10 years.
To allow a licensee to sell liquor in a specified area or premises, that would not otherwise be authorised under the licence.This type of permit may be granted for an ongoing period of up to 10 years, please see Director’s Policy — Extended Trading
Permits — Area (Ongoing)for further information.
To allow a licensee of a producer’s to sell liquor under their licence on specified premises on which the licensee would not otherwise be authorised to sell liquor (see Director’s policy Extended Trading Permits -Cellar Door Operations). This
type of permit may be granted for an indefinite period.
An application for an extended trading permit is required to be dealt with on its merits, after such inquiry as the licensing authority sees fit. In support of the application, licensees seeking an extended trading permit under section 60(4)(g) will be
expected to demonstrate that the grant of the permit is in the public interest as set out in section 38 of the Act. Please refer to the Director’s policy titled “Public Interest Assessment”.
In terms of the public interest, under section 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.
The licensee is required to lodge a written submission in support of all other extended trading permit applications.
Applications for permits issued under section 60(4)(g) of the Act will be considered in conjunction with a licence application. However, in such cases, applicants are expected to demonstrate that the grant of the licence is in the public interest and in
addition provide evidence that the grant of the permit is in the public interest. Applicants may consider lodging separate PIAs for each application to clearly address the differing interests of the public in relation to a new licensed premise and
an application for ongoing extended trading hours in their community.
Where applications for extended trading permits are approved under section 60(4)(g), (for example extended hours) those approvals will generally have,but are not limited to, the following conditions imposed where appropriate:
In addition to the above conditions, it is open to the licensing authority to impose conditions on a licence or permit in order to:
The licensing authority may also grant an application for extended hours in whole or in part; that is, reduce the extended hours sought by an applicant.
Consequently, an applicant may wish to lodge submissions in respect of the above matters as part of their application.
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:
Application kits containing the lodgement guide and all the required forms can be obtained from the department’s website or by contacting the department on 61 8 6551 4888.
Do not submit enquiries with this form.