Effective date: 7 May 2007 Last amended: 12 August 2020
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.
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
A ‘meal’ is defined by the Act as food:
but does not 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.
The Act provides flexibility, by way of an extended trading permit, for a restaurant licensee to also sell liquor without a meal, in certain circumstances. In this regard, however, section 50(1a) specifically provides that the consumption of liquor without
a meal can only occur where an extended trading permit has been issued under section 60(4)(ca) of the Act, and only where the patron is sitting at a table, or at a fixed structure used as a table.
Section 50A of the Act provides that when the licensing authority grants a restaurant licence that is subject to a condition limiting the maximum number of persons (excluding responsible persons and authorised officers) who may be on the licensed premises
to 120, an extended trading permit may also be issued under section 60(4)(ca).
Further, section 53 of the Act provides that the authority conferred by section 50 or by an extended trading permit may be conditioned such that:
This publication provides guidance as to the legislative requirements associated with “liquor without a meal” permits and the matters that the licensing authority may have regard to when considering such applications.
Section 60(4)(ca) of the Act provides that an extended trading permit may be issued to a licensee of a restaurant, authorising the licensee to sell liquor for consumption on the premises, without a meal, during the hours which are permitted hours under
a hotel licence and as set out in section 98. These permits are an addition to the licence and complement the authority granted under that particular licence; that is, permits do not alter the primary and predominant purpose of a licence type.
In essence, extended trading permits are a privilege and are not an automatic right.
A licensee seeking the grant of “liquor without a meal” permit will be required to submit the documentation identified in the department’s lodgement guide applicable to the application type. Application kits containing the lodgement
guides and all the required forms can be downloaded from the department’s website or by contacting the department on 61 8 6551 4888.
To ensure that restaurants do not become de-facto bars, conditions will be imposed so as to maintain the predominant purpose of a restaurant – that is, the regular supply of meals.
Where an application for a “liquor without a meal” permit is granted, in accordance with the powers given by section 53 and section 64 of the Act, the licence will be conditioned so that liquor may only be consumed by patrons while seated
at a table, or a fixed structure used as a table for the eating of food, and not elsewhere and the sale and supply of liquor to patrons will be restricted to table service by staff of the licensee.
Further, conditions that may be imposed on the permit include, but are not limited to, the following:
Applicants for a “liquor without a meal” permit for may be expected to confirm that they have read and understood these standard conditions prior to a determination on the application being made. Further, licensees may be expected to confirm
what menus are available for patrons to order from throughout the permit hours.
If a licensee fails to comply with the conditions of the permit, the licensing authority may decide to:
Do not submit enquiries with this form.