Effective date: 30 November 2009
Last amended: 3 April 2019
Next review: 3 April 2021
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 60 of the Liquor Control Act 1988(“the Act”)provides for the Director of Liquor Licensing (the Director) to grant an extended trading permit (ETP) to authorise a licensee to sell and supply liquor under the licence, according to the
tenor of a permit, in circumstances and at times, in which the licence would not otherwise apply.
Section 60(4)(g)of the Act specifically identifies that one of the reasons for which an ETP may be granted is extended trading hours. These ETPs can be approved for a period of up to ten years.
This policy provides guidance on the Director’s requirements for liquor stores located outside the Perth metropolitan area to trade on Sundays under an ETP.
Application kits containing a lodgement guide,the required application forms and information on the lodgement fee can be downloaded from the department’s website or by telephoning the department on +61 8 6551 4888.
In considering an ETP for extended trading hours, the Director will take into account the permitted trading hours specified in Division 1 of Part 4 of the Act, the matters specified in sections 60 and 76 of the Act, the overall merits of the particular
application and most importantly, the objects of the Act as set out in section 5.
Additionally, in accordance with section 38(1)(b) of the Act and regulation 9F of the Liquor Control Regulations 1989, where an ETP is sought for a period exceeding three weeks, the Director will also need to consider whether the grant of the permit is
in the public interest.
The following factors are relevant for Sunday trading for liquor stores located outside of the Perth metropolitan area for both on-going trade, special occasions and peak holiday periods:
In support of an application for ongoing Sunday trading (for a period exceeding three weeks), licensees will need to demonstrate that the grant of the ETP is in the public interest. Further guidance on what may constitute the public interest can be found
in the objects of the Act, section 38 of the Act and the Director’s Public Interest Assessment policy guideline.
Importantly, section 33(1) of the Act provides that the licensing authority has the absolute discretion to grant or refuse an application under the Act, on any ground or for any reason that it considers to be in the public interest.
Given that Government policy, as reflected in section 98D of the Act, is to prohibit liquor stores located outside the Perth metropolitan area from trading on Sundays, the following additional factors will also be considered relevant:
In addition to the above, the Supreme Court’s finding that the Act’s ETP provisions do not require the Director to treat Sunday in the same way as other days of the week is also relevant3
The Christmas/New Year shopping hours and the requirements of the public for packaged liquor during the festive season, are circumstances that can justify extended trading hours for liquor stores to trade on the two Sundays preceding Christmas and the Sunday before New Year’s Day.
In considering applications for ETPs from licensees of liquor stores located in a country town site to trade on the Sunday/s, one of the circumstances of particular relevance to an application will be whether the liquor store is located in a holiday/tourist area which traditionally attracts a large influx of visitors during peak periods the subject of the ETP application. Submissions in support of the application will be required.
A licensee that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival, must lodge submissions in support of their application that include the nature of the event, the additional number of people expected to visit the area or location, and the reasons why they believe that the demand for packaged liquor cannot be met by existing licensees in the area.
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.