Guidance for licensees on how to apply for an extended trading permit.
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This information explains the types of ongoing extended trading permits (ETP) available under the Liquor Control Act 1988 (the Act). To be read in conjunction with the relevant policies available on our website.
All information is entered directly into the online form unless specified otherwise. Please note any Director’s policy or forms.
No additional information is required for Liquor without a Meal (restricted to 120 persons or less) or Late Delivery.
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:
Ongoing extended trading permits (ETPs) are designed to extend trading conditions in accordance with the permit. Applicants with an existing liquor licence can complete an online application form for these types of permanent extensions. The online form is designed to be intuitive; it will change to reflect the options you select as you proceed. This process will provide greater visibility of the overall application process to all applicants and aims to reduce determination times.
In order to access this application you have to log in to the account that is linked to the permanent liquor licence. You will not be able to complete this application form using a new account or an account that is linked to a different licensee/entity.
The department is committed to ensuring that information on our website is widely accessible. If you require a manual copy of the new application form to be emailed or posted to you, please contact the department on 61 8 6551 4888.
Please note that the time taken to process an application will vary depending on a range of factors including the complexity of the application, advertising times and any objections which may be raised.
Applications for ongoing extended trading permits must be lodged under an account that is linked to an existing liquor licence, specifically the one you are intending to extend.
Please refer to the following steps to lodge your application:
Log in to your existing account to start this process.
If you are an existing licensee, but do not yet have an online account, please set up a new account and select ‘No’ that you are not a current licence holder, then register the account. Please email your new Username to firstname.lastname@example.org so we can connect your new account to your existing liquor licence. Please note - if the person emailing the username is not part of the licensee entity (eg employee) they will need to also email authority from the licensee authorising the request being made.
Now that you are set up with an account you can start the application.
The application form will open onto an Instructions page which explains how to use the form. Read through each question carefully and remember to save your form often.
This form is designed to be intuitive, when you answer a question it will change the form to allow you to provide more information. Please be sure to give the pages a few moments to update when you select an option in case it needs to create more fields for you to fill out.
If you do not have the information required at hand you can save your form and return to it later via the My Account page. Clicking on Save will create a link on the My Account page under Saved Forms. You can click on Resume to proceed or Delete to remove the saved form.
If you wish to keep a copy of the application form for your records you can only do this prior to submitting the application. Clicking on the PDF button will create a PDF of the application form in its current state for you to save to your computer.
Upon submission of the form click on the Pay Fee button to view the payment options and make payment.
Payment for online lodgement can be made online via BPOINT. To pay via any other method, including BPay, please click the View Quote button. This will generate a quote with payment details and your unique application number.
Please make sure to quote the Application Reference Number when submitting any enquiries or manual documents in relation to this application.
When the fee is paid the date of lodgement will be the date the payment is receipted by the licensing authority. It generally takes 1-2 business days for the fee to register on our system. Please be aware that we will be unable to issue you with an official receipt until the fee has fully registered. When you make payment online you will instead be offered a payment confirmation slip which you can retain as evidence of payment if required.
For a full list of the fees and charges please refer to the fees and charges page.
If your application is submitted successfully, you will be emailed an acknowledgment letter. This will confirm that the department has received your application; it will also outline any further information required for this application and the date by which it must be submitted.
Do not submit enquiries with this form.