Extended trading permits

Effective date: 3 April 2019
Last amended: 30 September 2021
Next review: 30 September 2023

Disclaimer

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.

Introduction

Legislative provisions

Section 60(4)(a) of the Act outlines that the purpose for which an extended trading permit may be granted is catering, authorising the licensee to sell liquor as a caterer. 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.

Public interest

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. 

Other legislative obligations

Approved Manager

Section 100(2a) of the Act requires that an approved manager must be present at the licensed premises at any time when business is conducted at those premises.  In this regard, a licensee may choose to employ a number of approved managers.

For further information on the requirements relating to approved managers, please refer to the Director’s policy titled Managers at Licensed Premises.

Mandatory training

The Act imposes mandatory training requirements on licensees, approved managers, supervisory staff and bar staff in relation to the management of licensed premises and the responsible service of alcohol. There is also a requirement for licensees to maintain a training register that records employee information and their training compliance.

For further information on the mandatory training requirements and the register, please refer to the Director’s policy titled Mandatory Training.

Drinking water

Water suitable for drinking must be provided free of charge at all times when liquor is sold for consumption on the premises. For guidance on the minimum requirements in respect of this condition, please refer to the Director’s policy titled Free Drinking Water.

Incident register

The licensee is required to maintain a register of the incidents, of the prescribed kind, that take place at the licensed premises.

General licence conditions

The following conditions will normally be imposed to maintain the integrity of the licence classification system in relation to the conduct of a catering business:

1. A person who engages a licensee as a caterer to supply liquor at a function (as defined by section 3 of the Act), must not be a related body corporate of the licensee;
2. Where a licensee is engaged as a caterer in the following circumstances, it is not required to seek a variation of the conditions of the permit if;
   1. liquor is provided to guests throughout the event, free of charge, either with or without food, irrespective of the number of guests in attendance;or
   2. liquor is sold and supplied directly to guests throughout any stage of the event, either with or without food, where no more than 200 people are expected to be in the licensed area at any one time.
3. Where a licensee is engaged as a caterer to sell and supply liquor directly to guests at a function where more than 200 people are expected to be in the licensed area at any one time, the licensee is required to seek approval from the Director of Liquor Licensing via an application to vary the conditions of the permit in accordance with the following requirements:
   1. if the anticipated number of persons in the licensed area is not greater than 500, the application must be lodged with the Director no less than 14 days prior to the event;or
   2. if the anticipated number of persons in the licensed area is greater than 500 but not greater than 5000, the application must be lodged with the Director no less than 60 days prior to the event;
   3. if the anticipated number of persons in the licensed area is greater than 5000, the application must be lodged with the Director no less than 90 days prior to the event;and
   4. the application is required to be accompanied by the following:
      • a map of the venue or area from which liquor is to be sold, supplied and consumed to be outlined in red;
      • details of how the event will be managed/conducted;
      • the date of the event, including start and finish times;
      • details of the person engaging the licensee and organising the event;
      • an application with fee (under s 104 of the Act) for any profit sharing arrangement between the licensee and another entity;
      • details of the manner in which liquor will be sold and supplied at the event; and
      • confirmation that consent is given by the owner or occupier of the premises where the liquor is to be sold or supplied.
   5. the information contained within the submission as prescribed above must:
      • be provided in its entirety at one time (i.e. the information must not be submitted in parts, unless immediate and consecutive); and
      • be served on the Liquor Enforcement Unit of the Western Australian Police in the same manner mentioned above.

An application fee will not be charged to vary the permit in these circumstances.

It is recommended that licensees refer to the Director’s policy on Temporary Bars before lodging an application to vary the conditions of the permit.

Non-compliance

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:

1. cancel the permit under section 60(8a) of the Act. Permits may be cancelled, at the absolute discretion of the licensing authority, if it is satisfied that the permit is no longer appropriate nor in the public interest;
2. cancel the approval given under section 63(a) of the Actin respect of a special facility licence;
3. issue an infringement under section 167 of the Act to the licensee and approved manager;
4. require the licensee to show cause why more restrictive conditions should not be imposed on the licence(section 64); and/or
5. lodge a section 95 complaint for disciplinary action against the licensee.

Application kits

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.