Information on the types of Extended Trading Permits.
Section 60 of the Liquor Control Act 1988 (the Act) provides for a licensee to apply for extended trading permits 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. Subject to the provisions provided by the Act permits, can be applied for either on an ongoing basis (generally granted for ten years) or for one off events.
If a licensee is found in breach of the conditions of their permit, or if it is determined that the permit is no longer in the best interest of the public, the permit can be cancelled immediately.
This permit type is used for licensees who wish to provide liquor to patrons seated in an alfresco area adjacent to the licensed premises. Freehold owner consent and plans of the proposed permit area will be required for a permit to be granted.
This permit type is used for licensees who wish to provide liquor in an adjacent 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.
This permit type is used to authorise the licensee of a club (not including club restricted) or special facility licence to sell liquor for consumption on a specified part of the premises to a separate group of persons with a common interest in the use of the premises. For clubs, a prerequisite is that their constitution must allow associations to use a part of their licensed premises.
This permit authorises the holder of a producer’s licence to sell their liquor product on specified premises on which the licensee would not otherwise be authorised.
This permit type is used to authorise the sale of liquor ancillary to a meal outside the normal licensed hours in a specified dining area for hotel, nightclub and producer’s licences only.
This permit type is used to authorise a restaurant licensee to sell and supply liquor at any time to a lodger who is residing in the residential accommodation operated by the licensee and located at the restaurant premises.
This permit type is used to increase the existing trading hours on the liquor licence.
This permit type authorises the licensee to sell liquor via table service for consumption on the premises whether or not ancillary to a meal. Strict conditions may apply to liquor without a meal permits including, but not restricted to:
This permit type authorises the licensee to sell liquor via table service for consumption on the premises whether or not ancillary to a meal. A maximum numbers limitation will be imposed on the premises & permit of 120 patrons or, if the capacity of the premises is lower, a lesser number will apply.
Strict conditions may apply to liquor without a meal permits including, but not restricted to:
There are 6 types of one-off event permits
It is possible to apply for multiple categories of these permit within the one application to cover your event.
This permit type is used to extend the area for a one-off event to be held adjacent to the existing liquor licensed premises.
This permit type allows the licensee of a restaurant liquor licence to serve liquor to patrons not necessarily seated and not ancillary to a meal.
This permit type is used to extend the hours for a one-off event to be held on the liquor licensed premises.
This permit type is used when the holder of a Club or Club Restricted liquor licence wishes to hold an event for non-members (ie persons not members of the club or guests of members). It allows for non-members to purchase liquor directly from the bar without being a member or a guest of a member.
This permit type is used to waive the requirement for continuous live entertainment for a special occasion or function.
This permit type is used by a licensee who has been engaged to cater for a one-off function not at the licensed premises for a one-off private function.
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 rgl@dlgsc.wa.gov.au or by telephoning +61 8 6551 4888.