Licence types and trading hours

Information on the types of licences and their trading hours.

This information is provided as a guide for users to determine to understand what licence types are available and which might be most relevant for a specific business plan.

The Liquor Control Act 1988 provides for 11 different types of liquor licence in Western Australia. Each licence category varies in permitted trading hours and the manner in which liquor can be sold and supplied to the community.  Licences can also contain further conditions than those detailed below.

Licence types:

Casino liquor licence

A casino liquor licence authorises the sale of liquor for consumption at a casino or any other venue enclosed in the casino complex.

The permitted licensed area must be approved by the Gaming and Wagering Commission of Western Australia.

The conditions of a casino liquor licence may mean particular areas of the complex trade similar to other licence types such as a nightclub or hotel.

In Western Australia, Crown Casino is currently the only licensed premises operating under a casino liquor licence.

Trading hours

The permitted trading hours for a casino licence are determined by the Director of Liquor Licensing in conjunction with the Gaming and Wagering Commission.

Club and club restricted

Club

A club consists of a body or group of persons who join together to further some sporting, social, political, literary or other legitimate aim.

A club licence under section 48 of the Act, authorises the sale and supply of liquor to members of the club. In essence, the supply of liquor is secondary to the primary objects of the club.

There are two types of club licences under section 48 of the Act. Each licence authorises the sale and supply of liquor to members of the club, their bona fide invited guests and visitors.

Club restricted

A club restricted licence is a club licence that has the following restrictions:

  • It may not sell packaged liquor; and
  • The trading hours are specified in the conditions of the licence.

Conditions

Both a club and club restricted licence are subject to the following conditions:

  • An up to date register of members must be available for inspection at the club premises.
  • The club must ensure that its rules are not contravened.

In respect to the sale and supply of liquor, liquor may only be sold and supplied to:

  • A member of the licensee club and to the guests of that member in the company of that member, for consumption of the licensed premises. A member cannot be accompanied by more than five guests (or other number imposed on the licence) at any one time.
  • A member holding a private function at the club with an unlimited number of guests, if the sale of liquor is at the expense of the member (i.e. guests cannot purchase their own drinks). This is only authorised if the club constitution provides for it.
  • A member and the guests of that member (without limitation to number) can be served liquor ancillary to a meal supplied by the licensee club (in accordance with the constitution).
  • A visitor.  A visitor is a person, other than a member, who is at least 40km from their usual place of residence, is visiting the club whilst travelling in the course of a holiday, leisure or business and is required to pay a fee to the club.  This is only authorised if the club constitution provides for it.

Trading hours

The trading hours for each club restricted licence is determined individually by the Director of Liquor Licensing.

Trading hours for club licence
DayOpenCloseGeneral conditions
Monday to Friday6:00am
12 midnight**to 12:30am if sold ancillary to a meal supplied by the licensee
Saturday6:00am1:00am on Sunday 
Sunday10:00am10:00pm 
New Year's Eve (Monday to Saturday)6:00am2:00am 
New Year's Eve (Sunday)Until 1 am New Years Eve morning then from 10:00am
2:00am New Year's Day 
Good Friday No permitted trading hours after 12:30am Good Friday morningAncillary to a meal only
Christmas DayUntil 12:30am Christmas morning then from 12 noon
10:00pmAncillary to a meal only
ANZAC Day (Monday to Saturday)12 noon12 midnight 
ANZAC Day (Sunday)Until 1:00am ANZAC Day morning then from 12 noon
10:00pm 

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Hotel, hotel restricted, tavern and tavern restricted

The Act provides for the grant of a hotel licence, hotel restricted licence, tavern licence and a tavern restricted licence. However, they are all referred to as a hotel licence and vary in the manner of trade and trading restrictions in accordance with section 41 of the Act. These are outlined below.

Hotel

Authorise the sale and supply of liquor, for consumption on and off the licensed premises and must provide accommodation.

Hotel restricted

Authorises the sale and supply of liquor for consumption on the premises only (i.e. no packaged liquor sales except to a lodger and only in such quantities that might be reasonably consumed by that lodger on that day). It is also subject to the conditions that it provides accommodation.

Tavern

Authorises the sale and supply of liquor for consumption on and off the licensed premises. A holder of a tavern licence does not need to provide accommodation.

Tavern restricted

Authorises the sale and supply of liquor for consumption on the licensed premises only (i.e. no packaged liquor sales). A holder of a tavern restricted licence does not need to provide accommodation.

Trading hours

Trading hours for hotel, hotel restricted, tavern and tavern restricted licences
DayOpenCloseGeneral conditions
Monday to Saturday6:00am12 midnight 
Sunday10:00am12 midnight 
New Year's Eve (Monday to Saturday)6:00am2:00am New Year's Day
 
New Year's Eve (Sunday)10:00am 2:00am New Year's Day 
Good Friday12:00 noon10:00pmAncillary to a meal only
Christmas Day12:00 noon10:00pmAncillary to a meal only
ANZAC Day
12:00 noon12 midnight 

In respect to a hotel and hotel restricted licence the licensee is authorised to sell liquor to a lodger at any time.

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (s 110(6A)).

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Liquor store

A liquor store licence under section 47 of the Act authorises the sale and supply of liquor for consumption off the licensed premises. This includes situations where the liquor is being sold online to the general public.

Provision of tastings

An application for a liquor store can include a request to authorise free tastings. Free tastings are permitted for:

  • Consumption on a part of the licensed premises as approved by the licensing authority.
  • For consumption off the premises.

The sample amounts that can be offered by licensees when conducting tastings are:

  • Wine 50ml
  • Beer 100ml
  • Spirits 15ml

Tastings on other licensed premises (wine and food shows)

Section 59A of the Act authorises a liquor store licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Trading hours

The permitted trading hours for liquor stores located in the Perth metropolitan region
DayOpenClose
Monday to Saturday8:00am10:00pm
Sunday10:00am10:00pm
Good Friday
No permitted trading hours 
Christmas DayNo permitted trading hours 
ANZAC Day12 noon10:00pm
The permitted trading hours for liquor stores not located in the Perth metropolitan region
DayOpenClose
Monday to Saturday8:00am10:00pm
SundayNo permitted trading hours 
Good FridayNo permitted trading hours 
Christmas DayNo permitted trading hours 
ANZAC Day12 noon10:00pm

Metropolitan region

The Perth Metropolitan Region Scheme is defined by the WA Planning Commission.

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Nightclub

A nightclub licence under section 42 of the Act authorises the sale and supply of liquor for consumption on the licensed premises. A nightclub licence is subject to the condition that liquor may only be sold ancillary to continuous live entertainment provided by one of more artists present in person performing there, or by way of recorded music presented by a DJ.

Trading hours

The permitted trading hours for a nightclub
DayOpenClose
Monday to Saturday6:00pm5:00am on the next day
Sunday8:00pm2:00am on the next day
New Year's Eve (on a Sunday)8:00pm5:00am on the next day
Good FridayNo permitted trading hours after 3:00am 
Christmas Day (other than a Monday)No permitted trading hours after 3:00am 
Christmas Day (Monday)No permitted trading hours after 2:00am 
ANZAC Day Nightclubs must close at 3:00am on ANZAC Day, then reopen in accordance with normal trading hours


Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Occasional

An occasional licence under section 59 of the Act is granted for an event that can not be covered under another type of licence. An occasional licence allows an individual, a group of people, a company or an incorporated association the ability to supply and sell liquor to people attending an event.

Trading hours

There are no specific trading hours set out under the Act for occasional licences. However, when assessing an application the start and finish times, as well as the duration of the period in which liquor will be consumed are considered to ensure harm minimisation principles are adhered to.

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Producer

A producer’s licence under section 55 of the Act primarily authorises the licensee to sell liquor that has actually been produced by, or under the control or direction of, that person. However, the licensee is also authorised to sell or supply liquor, other than liquor produced by the licensee if the liquor is consumed ancillary to a meal in a dining area on the licensed premises or for the purpose of tastings.

Requirements to be met

Wine is deemed to be produced by the licensee if it was fermented from produce grown on the property of the licensed premises or the fermentation process occurred at the licensed premises.  Spirits distilled from wine must either be distilled on the licensed premises or distilled under the control or direction of the licensee.

Beer and other spirits must be brewed/distilled on the licensed premises to be deemed liquor produced by the licensee.

A wholesaler must maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase of liquor. A return of all liquor transactions made during the previous financial year is due by 31 July each year.

Consumption on the premises

Generally, a producer’s licence is authorised to sell and supply take-away liquor for consumption off the licensed premises.

A producer's licence can also include an area on the licensed premises for the conduct of tastings or consumption subject to appropriate facilities such as toilets being available and local health and planning approvals having been issued.

Liquor not produced by the licensee can only be sold if it is ancillary to a meal or for the purposes of tastings.

What is considered to be a 'genuine producer' under the Act

Wine

The licensing authority must be satisfied that there is a sufficient yield from the vineyard/orchard or apiary to enable the applicant to be regarded as a genuine producer of liquor (tonnage sufficient to produce 5000 bottles of liquor).

Beer

Beer producers must possess commercial grade and scale of production facilities which involve the processing and fermentation of grain and encompasses the entire brewing process.

Spirits

Spirit producers must possess commercial grade and scale of production facilities in order to distil base products to produce spirits.

Telephone and internet sales

A licensee of a producer’s licence is also authorised to sell liquor produced by the licensee from any place if the sale of liquor is made by way of a telephone or the internet and the liquor sold in that manner is delivered to the purchaser, or to premises specified by the purchaser, from the licensed premises or an approved off-site storage location.

Conditions relating to blending and cleanskins

The holder of a producer’s licence cannot lawfully purchase wine that has been produced by another person and then label or re-label that wine for subsequent sale, as the wine would not constitute liquor that has been genuinely produced by that person.

Where a licensed producer authorised to sell wine, purchases wine for the purposes of blending, at least 50% of the blended wine must come from wine produced by the licensee, so that the final product is unique to that person’s own produce.

Similarly, if the holder of a producer’s licence buys wine already bottled (for example cleanskins) and then allows it to mature in the bottle, this is not considered to be production of wine, and the person cannot sell that wine under a producer’s licence.

Tastings on other licensed premises

Section 59A of the Act authorises a producer’s licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

The sample amounts that can be offered by licensees when conducting tastings are:

  • Wine 50 ml
  • Beer 100 ml
  • Spirits 15 ml

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (s 110(6A)).

Trading hours

Generally, a licensee is authorised by a producer’s licence to trade at any time. However, with respect to ANZAC Day, Christmas Day, Good Friday and beer sold for consumption on the licensed premises the following trading hours apply:

  • On ANZAC Day, trading can occur between 12 noon and 12 midnight.

  • On Christmas Day and Good Friday, trading can occur between 12 noon and 10 pm ancillary to a meal supplied by the licensee (where consumption other than tastings has been authorised).

  • The sale of beer and spirits for consumption on the licensed premises, where authorised, between 10 am and 10 pm (Christmas Day, ANZAC Day and Good Friday hours above also apply.)


Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Restaurant

A restaurant licence under section 50 of the Act, authorises the sale and supply of liquor to persons on the licensed premises for consumption with a meal supplied by the licensee.

In essence, the business should be focused on the regular supply of genuine meals. The supply of liquor should be secondary to this.

The premises must have a kitchen for preparing food. It must also have sufficient toilet facilities for patrons and staff. In addition, the dining area must always be set up with tables and chairs for dining.

The licensing authority may impose certain conditions on the grant of a restaurant licence to ensure the nature of the business conducted under the licence conforms with representations made to the licensing authority when applying for the grant of the licence or other proceedings under the Act.

Licensees need to be careful when advertising the business to ensure that liquor is not used as an attraction to the premises.

Trading hours

Trading hours for restaurant licences
DayHoursGeneral conditions
Monday to SundayAt any timeAncillary to a meal only
New Year's Eve At any timeAncillary to a meal only
Good FridayAt any timeAncillary to a meal only
Christmas DayAt any timeAncillary to a meal only
ANZAC DayUntil 3:00am ANZAC Day morning then any time after 12 noon ANZAC Day
Ancillary to a meal only

Unconsumed wine

A person may bring their own liquor onto licensed premises (with the consent of the licensee), to consume it with a meal provided by the licensee. A person may also remove any unconsumed portion of that liquor from the licensed premises when they leave, regardless of whether they purchased the liquor on the premises or brought the liquor with them (s 110).

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Small bar

A small bar licence authorises the sale and supply of liquor for consumption on the licensed premises only (such as no packaged liquor sales). It is also subject to the condition that no more than 120 persons may be present on the licensed premises at any one time.

Unconsumed wine

If wine is sold for consumption on the licensed premises with a meal, provided by the licensee, a person may remove any unconsumed portion of that wine from the licensed premises when they leave (section 110(6A)).

Trading hours

Permitted trading hours for small bars
OpenCloseGeneral conditions
Monday to Saturday6:00am12 midnight 
Sunday10:00am12 midnight 
New Year's Eve (Monday to Saturday)6:00am2:00am New Year's Day 
New Year's Eve (Sunday)10:00am 2:00am New Year's Day 
Good Friday12 noon10:00pmAncillary to a meal only
Christmas Day12 noon10:00pmAncillary to a meal only
ANZAC Day12 noon12 midnight 

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Special facility

A special facility licence under section 46 of the Act authorises the holder of the licence to sell liquor in accordance with the conditions imposed on the licence based on the tenor of the business.

The Act provides that the licensing authority shall not grant a special facility licence except for a prescribed purpose. The Act further provides that a special facility licence should not be granted or varied if granting or varying a licence of another class, or imposing, varying or cancelling a condition on a licence of another class, or issuing an extended trading permit in respect of another class of licence, would achieve the purposes for which the special facility licence is sought.

The licensing authority may substitute an alternative type of licence where an applicant seeks the grant of a special facility licence, but in the view of the licensing authority a licence of another class would be adequate for the purpose. Furthermore, an existing special facility licence cannot be varied to such an extent that a licence of another class, with or without permits, would achieve the purpose.

The 15 different special facility sub-classifications are:

Amusement venue

A special facility licence may be granted for the purpose of allowing the sale of liquor at an amusement venue to persons in the venue.

An amusement venue is defined as a premises which is primarily being used for:

  • the playing and viewing of snooker, bowling, electronic games or any similar type of amusement; or
  • to participate in or view karaoke.

Auction

A special facility licence may be granted for the purpose of allowing the sale by auction of packaged liquor at premises specified in the licence.

A licence granted for this purpose may permit the supply of samples of the packaged liquor that is for auction, for tasting.

Bed and breakfast facility

A special facility licence may be granted for the purpose of allowing the sale of liquor at a bed and breakfast facility (being an accommodation facility that offers bed and breakfast) to persons staying at the facility.

Catering

A special facility licence may be granted for the purpose of allowing at a function the sale, by a caterer, of liquor supplied at premises at which the caterer has agreed with the person organising the function to provide liquor (whether with or without food), for consumption by persons at that premises.

A ‘caterer’ is defined as a person who:

  • is in the business of providing food for consumption at functions; and
  • carries on a food business as defined in section 10 of the Food Act 2008.

Foodhall

A special facility licence may be granted for the purpose of allowing the sale of liquor at a foodhall to customers of the foodhall for consumption ancillary to a meal.

Online wine sales

A special facility licence may be granted for the purpose of allowing the online sale of packaged wine for consumption away from the licensed premises (the licensed premises may be a home office). The licence only allows the licensee to sell wine produced by holders of a Western Australian producer's licence.

Reception or function centre

A special facility licence may be granted for the purpose of allowing the sale of liquor at a reception or function centre (being premises primarily used as a venue for functions and receptions) to persons attending a reception or function at the centre.

Room service restaurant

A special facility licence may be granted for the purpose of allowing the sale of liquor to customers at the room service restaurant whether or not ancillary to meals eaten at the restaurant if:

  1. The liquor is consumed at the restaurant:
    1. During the hours that are permitted hours under a hotel licence; and
    2. By customers while sitting at a table, or at a fixed structure used as a table; and
  2. The sale and consumption of the liquor are in accordance with any conditions imposed on the special facility licence by the licensing authority.

A room service restaurant is defined as a restaurant that provides room service to persons residing or staying in residential accommodation on the same premises as the restaurant or adjacent premises (not being accommodation provided by the licensee).

Sports arena

A special facility licence may be granted for the purpose of allowing the sale of liquor at a sports arena (being premises primarily used for playing and viewing sport) to persons playing or viewing sports, or attending any other event, at the arena.

Theatre or cinema

A special facility licence may be granted for the purpose of allowing the sale of liquor at a theatre or cinema to persons attending a performance or film at the theatre or cinema.

Tourism

A special facility licence may be granted for the purpose of allowing the sale of liquor to persons likely to be attracted to, or present at, a place that, in the opinion of the licensing authority, is or will become:

  • an attraction for tourists; or
  • a facility that enhances the State’s tourist industry.

A licence granted for this purpose may permit the sale of packaged liquor.

A tourist is defined as a person who is:

  • staying at a place that is at least 40 kilometres from his or her usual place of residence for a period of at least one night
  • intending to stay away from his or her usual place of residence for a period of less than 12 months
  • not in the course of travelling on a regular journey between his or her usual place of residence and his or her place of work or education
  • travelling in the course of a holiday or for leisure, business, to visit friends or relatives or for any other reason.

Transport

A special facility licence may be granted for the purpose of allowing the sale of liquor to passengers and their guests:

  • at an airport, railway station, bus station or seaport; or
  • on a train, bus, ship or vehicle.

A special facility licence of this nature may also be granted for the purpose of allowing the sale of liquor at another place of the licensee provided that the sale and supply is in connection with a booking for travel on a train, bus, ship or vehicle.

Vocational and education training course

A special facility licence may be granted for the purpose of allowing the sale or supply of liquor by vocational and education training institution or a higher education institution to provide:

  1. For the tasting of liquor by students/trainees as part of the course curriculum and the sale and supply of liquor by students/trainees for the purposes of a course of instruction or training conducted by the institution in which the students are enrolled.
  2. For the sale of liquor that is produced as part of an approved viticulture course, provided the liquor is only sold or supplied during a special event; and in an area approved by the Director. The liquor must be sold or supplied by persons aged 16 years or older; and the amount of liquor being sold or supplied is limited:
    1. In the case of liquor supplied for consumption on the grounds of the institution, to the supply of free 30 ml samples for tasting purposes; or
    2. In the case of packaged liquor, to the provision of not more than 9 litres per person and per transaction.
    3. In the case of liquor supplied to a liquor merchant, points (i) and (ii) apply however prior approval must be sought from the licensing authority.

Tasting of liquor will only be authorised in circumstances where the students/trainees are 16 years or older, the student/trainee is supervised at all times and the activity they are undertaking is being assessed for the purposes of an accredited hospitality qualification in which they are enrolled.

An approved viticulture course is defined as a course that delivers Units of Competency from the Food Processing Industry Training package (Wine Sector) leading to a qualification recognised under the:

  • Australian Qualifications Framework; and
  • a higher education course relating to viticulture.

A special event is defined as a graduation  ceremony, speech night or annual open day that relates to vocational education and training institution or higher education institution, or any other related event approved in writing by the Director.

A vocational education and training institution includes a secondary school if the relevant course of instruction or training conducted by the school is vocational education and training, as defined in the Vocational Education and Training Act 1996 section 5(1).

Vocational education and training institutions

A special facility licence may be granted for the purpose of allowing the sale of liquor at a vocational education and training institution or a higher education institution to students and staff of the institution and their guests.

Works canteen

A special facility licence may be granted for the purpose of allowing the sale of liquor at a works canteen, or at other premises specified in the licence, to workers and their guests.  A licence granted for this purpose may permit the sale of packaged liquor.

The Liquor Control Regulations 1989 (the regulations) defines ‘workers’ as persons working on a project or for a business in relation to which a works canteen is provided.

A ‘works canteen’ is defined as a canteen, located at or near the place where a project is being undertaken or a business carried on, catering for the needs of persons working on the project or for the business.

Trading hours

The trading hours for each special facility licence are determined individually by the Director of Liquor Licensing.

Sale of packaged liquor

In addition to the sale of liquor for consumption on the licensed premises the special facility licence types that permit the sale of packaged liquor are works canteen, tourism, room service restaurant, vocational education and training course or auction.

Exemption from section 37(5) of the Act

Unlike other licences it is possible to have the the requirements of section 37(5) of the Act, pertaining to the applicant demonstrating that it will solely occupy, and retain the right to occupy, the licensed premises to the exclusion of others waived, for works canteen, transport, sports arena, foodhall, education and training institution, approved viticulture course, catering, bed and breakfast facility, room service restaurant, tourism or auction.

Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Wholesaler

A wholesaler’s licence under section 58 of the Act authorises the licensee to sell liquor for consumption off the licensed premises in any amount to liquor merchants.

A licensee of a wholesaler’s licence may sell liquor for consumption off the licensed premises to members of the general public as well, but it must be supplied in aggregate quantities of not less than 4 litres at a time and the wholesaler needs to maintain at least 90% of the gross turnover from sales of liquor to liquor merchants or persons otherwise authorised to sell liquor.

Requirements

A wholesaler must maintain a record of all transactions entered into by or on behalf of the licensee involving the sale or purchase of liquor. A return of all liquor transactions made during the previous financial year is due by 31 July each year.

Provision of tastings

Generally, a wholesaler’s licence is authorised to sell and supply liquor for consumption off the licensed premises. The licensee can also seek to include an area on the licensed premises for the conduct of free tastings subject to appropriate facilities such as toilets and local health and planning approvals.

Section 59A of the Act authorises a wholesaler’s licence to supply free samples on the licensed premises of another licensee, with the agreement of the other licensee and sell packaged liquor (by way of order) on the licensed premises of the other licensee, provided the liquor is delivered to the purchaser from the licensed premises of the licensee or interstate supplier.

Storage and distribution of liquor

Licensees who wish to licence premises that are located in a residential area may be restricted from receiving customers onto their premises, and also from storing liquor on those premises. Approval may be given by the licensing authority to a licensee to store liquor at or supply and deliver liquor from, a premise other than the licensed premises.

Trading hours

The permitted trading hours for a wholesaler to a liquor merchant
DayOpen
Monday to SundayAny time
Good FridayNo permitted trading hours
Christmas DayNo permitted trading hours
ANZAC DayAny time after 12 noon
The permitted trading hours for a wholesaler to persons other than liquor merchants
DayOpen
Monday to Saturday8:00am to 10:00pm
Sunday (metropolitan area only)10:00am to 10:00pm
Good FridayNo permitted trading hours
Christmas DayNo permitted trading hours
ANZAC DayAny time after 12 noon


Related policies

Extended trading permits

Aug 21, 2024, 16:24 PM
Title : Extended trading permits
Introduction : What extended trading permits are and their specific requirements.
Select a publication type : Policy

Purpose

This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.

Who this policy applies to

This document will be useful for any person who wants to apply for an ETP.

What is an extended trading permit?

Under the Liquor Control Act 1988 (LC Act), different conditions apply to different liquor licence types. All licences are subject to permitted hours of trade,1 and some have restrictions on the areas or circumstances where alcohol can be consumed. For example, some licences only allow alcohol to be consumed on the licensed premises or served with a meal. 

If the Director of Liquor Licensing (DLL) grants an ETP, it varies the authorisation conferred by a liquor licence and allows the sale and supply of alcohol in circumstances which would not usually apply to that licence.2 For example, if an extended hours ETP authorises it, a licensed premises can serve alcohol at times when doing so would otherwise be subject to a penalty under the LC Act.  

A licensee could use an ETP to vary a condition of their permanent licence. For example, a nightclub licence is subject to the condition that alcohol cannot be served unless continuous live entertainment is provided. An ETP can vary this condition, allowing the licensee to serve alcohol when live entertainment is not being provided. Note that an application of this type could be subject to additional requirements, such as a requirement to be advertised or for local government approval.

ETPs must be issued in the form approved by the DLL,3 and the LC Act and any other written law will still apply.4

An ETP can specify the permitted hours that the licensee is authorised to sell alcohol.5

The DLL has an absolute discretion to grant or refuse an application on any ground or for any reason considered to be in the public interest.6

The DLL will not grant an ETP unless satisfied that alcohol will be sold or consumed in a place or on premises suitable for the purpose.7 The DLL can require an applicant to submit plans of any premises in relation to the ETP.8

The LC Act provides that it is an offence for a licensee to enter into an arrangement to share the profits of the business carried on under the liquor licence with another party9 unless the DLL has approved the profit sharing arrangement. The arrangement can include that the licensee pays to someone else a proportion from the sale of alcohol, or a charge for the sale of alcohol with some other service, or money calculated on some other basis.10

When an ETP is in effect, the place or premises it applies to will be considered part of the licensed premises.11 An approved manager must be at the premises when alcohol is sold under the ETP.12

The DLL may vary the terms or conditions of a permit, if doing so is not inconsistent with the LC Act. Varying the ETP in this way could be the DLL’s decision, or it could be on the application of:

  • the licensee
  • a police officer
  • a person who can satisfy the DLL that they would have been entitled to object to the licence, if it had it been granted at the same time as the ETP13
  • the parties to a liquor accord.14

The DLL can impose additional conditions on an ETP to minimise alcohol-related harm, reduce the impact on the local area, or for any other reason the DLL considers to be in the public interest.

If a liquor licence is removed, or the licensed premises is altered, the DLL can decide to vary or cancel the ETP15 that relates to that licence or premises. The DLL can cancel an ETP at any time if satisfied that it is no longer appropriate.16

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission.17 In relation to ETPs, this power of review only applies to decisions made by the DLL relating to extended trading hours which will apply for more than three weeks.18

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect. Longer timeframes are required for ETPs with a duration of less than three weeks, based on the number of people expected to be present at any one time.19 These will be listed in the relevant ETP types, below.

Click on the following for more information in relation to the specific ETP types

Catering

A catering ETP allows a licensee to supply alcohol as a caterer at the times specified, except on Good Friday. The ETP conditions will apply for the period specified.20

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.21 However, for a one-off event, if a large number of patrons is expected,22 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 are expected, not more than 90 days before the permit is to take effect.

DLL requirements for a catering ETP

This type of ETP was created to ensure that existing licensees can enter into arrangements with third parties to provide catering at a function not held on the licensed premises. For example, a licensee with a catering ETP can provide alcohol at a wedding, which would not usually be allowed unless the wedding was held on, or adjacent to, the licensed premises.

The proper use of this ETP is for a licensee to provide catering for events, as requested by genuine third parties. It is not intended that a licensee could use a catering ETP to routinely set up bars at different venues, away from the licensed premises. For this reason, the person engaging the licensee as a caterer must be a genuine third party, and not be a related body corporate of the licensee.

If a licensee has an ongoing catering ETP they can provide catering for events without notifying the DLL of their activities if alcohol is provided:

  • to patrons free of charge, regardless of how many patrons are expected
  • for sale directly to patrons, if no more than 200 people are expected.

Where more than 200 people are expected in the licensed area a licensee with an ongoing catering ETP must apply to the DLL to vary the conditions of their ETP. This notification assists in developing an understanding of how many larger functions are occurring at any one time, to allow the coordination of risk management and compliance activities. There will be no charge for the application to vary the ETP conditions.

When more than 200 patrons are expected at a function, to allow for a proper risk assessment of the event a licensee must apply to the DLL to vary the conditions of their ETP, and must provide the following information:

  • the date of the event, including start and finish times
  • a map of the area, with a red outline showing the areas where alcohol is to be sold, supplied and consumed
  • details of how the event will be managed and conducted, including how alcohol will be sold and supplied at the event
  • details of the person engaging the licensee and organising the event
  • an application for approval for any profit sharing arrangement between the licensee and another entity23
  • confirmation that consent is given by the owner or occupier of the premises where the alcohol is to be supplied.

All of this information is to be provided at the initial application, and also served on the Liquor Enforcement Unit of the Western Australian Police Force.

Dining area

A dining area ETP allows the licensee of a hotel licence, nightclub licence or producer’s licence to sell alcohol ancillary to a meal supplied in a dining area at any time, other than a Good Friday.

The dining area must either be on the licensed premises, or adjacent to it. This type of ETP remains in force while the licence exists, unless the ETP specifies otherwise. 

This ETP is subject to the condition that the DLL is satisfied that the service of meals is the main purpose of the dining area, with the sale of alcohol only serving an ancillary purpose. For example, the DLL must be satisfied that meals are substantial and served to people seated at a dining table.24

Restaurant, guest accommodation

If the licensee of a restaurant has guest accommodation and holds this type of ETP they can sell alcohol to a lodger, either with a meal or without. The room or place that the ETP applies to must be reserved for the private use of lodgers.

This ETP will remain in force while the licence is current, but the DLL must remain satisfied that the main purpose of the restaurant is for guest accommodation for the travelling public.

Restaurant — liquor without a meal

A restaurant licence only allows the licensee to sell alcohol ancillary to a meal. Part of the LC Act definition of a meal is that it is food that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food.25 If a restaurant ‘liquor without a meal’ ETP is granted, it authorises the licensee to sell alcohol for consumption on the premises, when it is not ancillary to a meal,26 however, any alcohol consumed on the licensed premises must be by a person sitting at a table, or a fixed structure used as a table. The sale and consumption of the alcohol must be in accordance with any conditions that the DLL has imposed on the ETP.27

This type of ETP may have any of the following conditions placed on it:

  • trading can be restricted to specified hours
  • alcohol is only to be served and consumed at a dining table
  • furniture or fittings are provided or arranged in a specific manner
  • that no charge be levied
  • that the premises is maintained to a specified standard
  • that specified records are kept and made available for inspection.

Other conditions may be imposed if the DLL thinks they are desirable to prevent improper arrangements or practices.28

Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:

  • Monday - Saturday from 6am to 12 midnight
  • On Sundays from 10am to 12 midnight
  • On New Year’s Day — after 12am on New Year’s Eve to 2am
  • On Good Friday/Christmas Day — from 12pm to 10 pm, but only for liquor sold ancillary to a meal supplied by the licensee
  • On ANZAC Day — from 12 noon to 12 midnight.

The DLL may grant a restaurant licence subject to the condition that the maximum permitted people on the premises is 120.29 If this is the case, an ETP can be issued at the same time which will also be subject to 120 people being the maximum allowed number.

Club licence — non members

Club licences are usually subject to restrictions such as that alcohol can only be sold to members and their guests on the licensed premises.

Where a club licence non-members ETP is in effect, it authorises a club licensee to sell alcohol to people other than members and their guests. This could be for one, or a number of special occasions or functions, held on the licensed premises such as an open day, or a function such as a wedding reception held by a non-member. As this type of ETP allows clubs to sell and supply liquor to the general public, the function or event must not conflict with the club’s constitution.

Details of the occasion/function, day and part of the licensed premises the event is held on must be specified for an ETP to be granted.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.30 However, if a large number of patrons is expected,31 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

In most instances a club will be able to apply for up to 24 approvals to sell and supply alcohol to non-members in a 12 month period. Approval of these 24 events can be sought in advance in one application. However, where a club makes more applications within a 12 month period, the club will need to demonstrate that the grant of additional permits is justified due the alignment of the events with the club’s purpose and goals.

A request to trade outside the permitted hours or the area of the licensed premises will require a declaration to be completed on the online form confirming that approval has been received from the relevant local government.

Late delivery

A liquor store owner can apply for a late delivery ETP which will allow them to deliver alcohol outside of their permitted trading hours, as long as the order was made during permitted trading hours.

The delivery can occur on any day but must occur before 12 midnight. This ETP remains in force while the licence is current unless otherwise specified.32

Association’s permit

An association’s permit authorises the licensee of a club licence or of a special facility licence (but not a club restricted licence), to sell alcohol to members of an association or their guests, who are attending a venue together due to a common interest. 33

The LC Act provides that the ETP is subject to the condition that no more than 5 guests are introduced by a member in a day.34 The licensee must take steps to ensure that the rules of the association are followed.

The ETP remains in force for the period specified and does not apply on Christmas Day or Good Friday. Other circumstances can be specified in the ETP.

One off function — nightclubs

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.35

The LC Act provides that nightclub licences are subject to the condition that alcohol cannot be served unless continuous live entertainment is provided.36 This ETP can vary this condition, allowing the licensee to serve alcohol without live entertainment.

Generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.37 However, if a large number of patrons is expected,38 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

One off function — restaurants

A function ETP authorises the licensee to sell alcohol on a specified special occasion, at specified hours (except on a Good Friday). The alcohol can be served on the licensed premises or a specified part of it.39

Restaurants are usually subject to the requirement that alcohol cannot be consumed except if a meal is being provided, but consumption of alcohol without a meal can be permitted if specified in a function ETP. Generally, no more than 24 approvals of this kind will be issued in a 12 month period.

These permits will not usually be granted if the licensee is seeking to host a function that is open to the public. Possible exceptions would be a 'grand opening' or New Year’s Eve function.

Applications will be considered where a patron has approached the licensee to hold a private function, for example, a birthday or wedding anniversary celebration, a wedding reception, or a fashion parade.

An application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.40 However, if a large number of patrons is expected,41 the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Extended hours — gazetted extended hours

The DLL publishes an annual notice in the Government Gazette permitting certain licence types to trade for extended hours in association with the festive season, special events such as Mothers’ Day and Fathers’ Day and certain public holidays. 42 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. It authorises different types of liquor licences to trade during hours which would not ordinarily be permitted, by specifying the types of licences that can access the extended trading hours, the hours of permitted trade and the dates.

As a result of this notice, an extended hours ETP is automatically granted to the named licence types, allowing them to trade during the listed extended hours without having to apply to do so. However, there are exclusions to the automatic approval, so licensees should check the section 31 notice to make sure it applies to them.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform industry of the extended hours at the time the notice is published. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest Liquor Control (Section 31) Notice.

Extended hours — one off events

An extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except on Good Friday).

An application will be considered on its merits and will be determined on the evidence provided. To support their application, licensees may be asked to lodge additional details which allow an assessment of risk.

For one-off events, generally, an application for an ETP can be made by lodging the approved form with the DLL at least 14 days before the permit is to take effect.43 However, if a large number of patrons is expected44, the following timeframes apply:

  • if greater than 500 but less than 5000 people are expected, not more than 60 days before the permit is to take effect
  • if more than 5000 people are expected, not more than 90 days before the permit is to take effect.

Note that if the licensed premises is a nightclub, it would usually be subject to the requirement that alcohol cannot be consumed except while live entertainment is being provided. If an ETP has been granted which authorises it, a nightclub licence will be able to serve alcohol without live entertainment being provided.45

The following are some examples of events which may be considered for a one-off extended hours ETP.

ANZAC Day

RSL clubs who hold a club or club restricted licence may apply to trade between 6am and 12 midday on ANZAC Day to sell and supply liquor to either members and guests or to non-members. Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests — the general public will not be allowed entry to the function.

St Patrick’s Day

Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Entertainment such as bands, DJs

Licensees may seek approval for one additional hour if the entertainment being provided is a live performance by a bona fide band, DJ or creative artist that forms an essential part of the programming for the event. Proof of programming will need to be provided.

To ensure that applicants are not using a one-off ETP when an ongoing extended hours ETP would be more appropriate, no more than 24 permits in a 12 month period will be granted.

Live broadcasts of sporting events

Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.

Where there is a national team competing in a final, and the premises has an emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application may be required.

Approvals for these events will be subject to a condition that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Private functions

Licensees may seek approval for extended hours for an event which is not open to the general public. For example, this could be where a patron has approached the licensee asking for the licensed premises to be used to host a special occasion, such as a birthday, an anniversary, a wedding reception, or a fashion parade. 

Event after parties

Where a licensee has been approached by the organisers of a major event to hold the official 'after party', applications for extensions to approved hours may be considered if the licensee can demonstrate that:

  • the application is to extend trading hours to hold a private 'after party' for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
  • the general public are not permitted entry to the 'after party' function.

Special events within the objects of a club

Holders of a club licence or club restricted licence may seek approval for extended hours for a special event within the objects of the club, such as a sporting final or club anniversary.

Extended hours – ongoing

An ongoing extended hours ETP authorises the licensee to sell alcohol during specified hours that would not usually be permitted (except for Good Friday) and can be issued for an ongoing period of more than three weeks and up to 10 years.46

An applicant must satisfy the DLL that granting the application is in the public interest.47 As part of this process, the applicant must provide to the DLL any document or information reasonably required by the DLL.  

In considering what is in the public interest, the matters that the DLL may consider include:

  • the harm or ill-health that might be caused due to the use of alcohol
  • whether the amenity, quiet or good order of the locality might decrease
  • whether offence, annoyance, disturbance or inconvenience might be caused to people who reside or work in the vicinity
  • any effect the granting of the application might have in relation to tourism, or community or cultural matters.

If a licence application is being made at the same time as an application for an extended hours ETP both applications can be considered at the same time. However, consideration around what is in the public interest will be made separately for the licence and the ETP application. To support this, the applicant must submit two public interest assessments, one in support of the grant of the licence and the other for the extended hours ETP.

The initial grant of an ongoing extended hours ETP will require the applicant to prepare a Public Interest Assessment (PIA). If an application is made to renew an ongoing extended hours ETP on the same terms as the ETP which is due to expire, generally only a brief submission will be required which outlines how the renewal would be in the public interest.

The LC Act provides that many of the decisions made by the DLL can be reviewed by the Liquor Commission. In most cases, this power of review does not apply to DLL decisions in relation to ETPs,48 however the Liquor Control Regulations 1989 sets out a single exemption, allowing the Liquor Commission to review a decision of the DLL in relation to an ETP for ongoing extended hours, if it is for a specified period extending for more than 3 weeks. 49 This makes the DLL’s decision in relation to whether the granting of the ETP is in the public interest a reviewable matter.

Extended hours – Sunday trading for non-metropolitan liquor stores — one off

The LC Act specifies that liquor stores that are not located in the metropolitan area are not permitted to trade on Sunday.50 However, it is possible for a regional liquor store to trade on a Sunday if an extended hours ETP has been granted which allows this.

The licensee of a country liquor store that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival or for peak tourist season, must lodge a submission in support of their application that includes the nature of the event and the additional number of people expected to visit the area or location.

The DLL permits extended trading hours for regional liquor stores, allowing trading on the two Sundays before Christmas and the Sunday before New Year’s Day, by publishing an annual notice in the Government Gazette.51 This notice is known as a Liquor Control (Section 31) Notice because it is authorised by section 31 of the LC Act. Note that the gazettal includes a schedule of specific liquor stores which are excluded from the extended trading hours because they are in liquor restricted areas.

The list is generally published towards the end of the year, setting the extended trading hours for the following year. DLGSC endeavours to inform the industry of the extended hours at the time the notice is published, and the information is also listed on the DLGSC website. If licensees wish to confirm if there are any gazetted extended trading hours that apply to them, they can search the DLGSC website for the latest ‘Liquor Control (Section 31) Notice’.

Extended area

An extended area ETP authorises the licensee to sell alcohol at a specified premises or area adjacent to the licensed premises, which would not otherwise be authorised52 under the licence. They can be granted as a ‘one off’, or for an ongoing period.

The DLL must be satisfied that the purpose for which the permit is sought could not be more appropriately achieved by redefining the licensed premises, or by granting an occasional licence.53

Once an extended area ETP is granted, the licensee will be entitled to use the premises or area to which the permit sought relates for the sale or consumption of alcohol. The ETP may specify the day and hours in which it is authorised and remains in force for the specified period.

Cellar door permit

A cellar door ETP authorises the licensee to sell alcohol on specified premises which would not otherwise be authorised,54 for the period during which the licence is current, unless the ETP specifies otherwise. This allows a licensee to establish, either individually or with other producers, a cellar door operation away from their usual licensed premises. A fee is not charged for an application for a cellar door ETP if it is lodged with the initial application for the grant of a producer’s licence.

A cellar door permit will not be issued unless the DLL has approved the premises as being fit for the sale of alcohol.55

The LC Act provides that, for wine producers,  only one cellar door permit is permitted per licensee56, and it must be in the wine producing region where the permit is sought. 57 ‘Wine producing region’ is not specifically defined in geographic terms but means a region which is generally known for producing wine.58 In WA, well known wine regions are: Swan District, Perth Hills, Peel, Geographe, Margaret River, Blackwood Valley, Manjimup, Pemberton and Great Southern. 

The LC Act provides that the producer of other alcohol such as beer or spirits is limited to one operation in the district in which their production facilities exist.59 ‘District’ is not specifically defined in geographic terms, but in the past has been taken to mean local government areas.

The DLL must be satisfied that the purpose for which the ETP is sought could not be more appropriately achieved by the grant of a different kind of licence.60 The applicant must satisfy the DLL that the local government has approved the application.61

A single premises may be subject to a cellar door ETP if it has more than one licensee, but only if an agreement is in force between the licensees about the management of the premises.62 This agreement is to set out that the person selling alcohol is the employee or agent of all licensees involved in the cellar door operation. This is to ensure that all parties understand that when there is more than one licensee, they will be jointly and severally liable for any liability that attaches to the licensee.

The management agreement is to be provided to the DLL on the initial application for the ETP, and again if the agreement is amended. If there is more than one producer associated with a cellar door ETP, an ETP will be issued to each producer. 

If the cellar door has more than one licensee and each producer retains the profits from the sale of their own products, it is not considered to be a profit sharing agreement and the approval of the DLL is not required. However, if the producers apportion profits amongst themselves in some other manner, it will be considered that a profit sharing agreement is in place, and the approval of the DLL for the profit sharing arrangement is required.63

In premises where a cellar door ETP is operating a sign must be displayed in a conspicuous position at the exit/entry points providing the following minimum detail:

  • Class of Licence: Producer’s Licence
  • Permit Type: Cellar Door Extended Trading Permit.

A cellar door operation must use a trading name approved by the DLL.64

Licensees of a cellar door ETP must maintain on the premises the licence of any producer subject to the ETP,65 copy of the cellar door ETP and a plan of the premises. 66

All cellar door ETPs will have a condition on them setting out the permitted trading hours.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

  1. LC Act s97 sets out that licensees only authorised to sell alcohol during specified hours, and such hours specified under an ETP
  2. LC A Acts31(4)
  3. LC Act s31(5)
  4. LC Act s60(1)
  5. LC Act s97(1)(b)
  6. LC Act s33(1)
  7. LC Act s37(1)(e)
  8. LC Act s66(3)
  9. LC Act s104
  10. LC Act s104(2)(b) specifies that profit sharing arrangements can be approved by the DLL in relation to ETPs
  11. LC Act s60(2)
  12. Note that an approved manager does not need to be present for an ETP that relates to a casino liquor licence, see LC Act s60(3)(b)
  13. LC Act s60(6), unless the licence in question is a casino liquor licence
  14. LC Act s64(1a)(c)
  15. LC Act s60(7)
  16. LC Act s60 (8a)
  17. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  18. The Liquor Control Regulations 1989 (LC Regs) sets out a single exception to this at r9AB, that an application for extended hours for a period exceeding 3 weeks is reviewable
  19. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  20. LC Act s60(4)(a)
  21. LC Act s76(1)
  22. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  23. LC Act s104
  24. LC Act s52(2)
  25. LC Act s3(1)
  26. LC Act s60(4)(ca)
  27. LC Act s50(1a)
  28. LC Act s53(1)
  29. LC Act s50A(1)(a) — the maximum number of people excludes responsible persons and authorised officers
  30. LC Act s76(1)
  31. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  32. LC Act s60(4)(d)
  33. LC Act s60(4)(e)
  34. LC Act s60(4)(e)(i)
  35. LC Act s60(4)(f)
  36. LC Act s42(1)
  37. LC Act s76(1)
  38. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  39. LC Act s60(4)(f)
  40. LC Act s76(1)
  41. LCR 14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  42. As permitted in the LC Act s31(4)(b) and s31(7)
  43. LC Act s76(1)
  44. LC Regs r14AC. Requirement for lodgement of application prescribed (Act s. 76(1)(b))
  45. LC Act s42(3)
  46. LC Act s60(4)(g)
  47. LC Regs r9F. Kinds of permit prescribed (Act s. 38(1)(b)). Technically this only applies to an extended hours ETP of longer than 3 weeks duration, but in practice this is an ongoing ETP
  48. LC Act s25(5)(a) sets out that DLL decisions in relation to ETPs are not reviewable by the Liquor Commission
  49. LC Regs r9AB. Kind of extended trading permit prescribed (Act s25(5a)
  50. LC Act s98D(2)
  51. As permitted in the LC Act s31(4)(b), and s31(7)
  52. LC Act s60(4)(h)
  53. LC Act s61(1)
  54. LC Act s60(4)(ia)
  55. LC Act s61A(2)(a)
  56. LC Act s61A(2)(b)
  57. LC Act s61A(3)
  58. LC Act s61A(1) Wine producing region means a region or locality of the State that is subject to a geographical indication, which is defined in the Australian Grape and Wine Authority Act 2013 (Commonwealth) section 4(1), to mean an indication that identifies the goods as originating in a region or locality where a given quality, reputation or other characteristic of the goods is essentially attributable to their geographical origin
  59. LC Act s61A(2)(c)
  60. LC Act s61A(2)(d)
  61. LC Act s61A(2)(f)
  62. LC Act s61A(5)
  63. LC Act s104
  64. LC Act s116(3)
  65. LC Act a116(1)
  66. LC Act s116(2A).

Approval

Approved by: Lanie Chopping, Director of Liquor Licensing
Date: 29 August 2024

Next review date: 3 years from approval date or earlier, as required.

Version history

Version 1.0
Issued 29 August 2024 
In effect from 29 August 2024

Notes

Policy reviewed and updated.

Tags :
  • club
  • club restricted
  • hotel
  • hotel restricted
  • liquor store
  • nightclub
  • producer
  • restaurant
  • small bar
  • special facility
  • tavern
  • tavern restricted
Categories :
  • Liquor
Related local governments

Who can apply for a licence

Section 35 of the Act sets out who can make an application for a liquor licence.

Page reviewed 29 August 2024