Intro
This document explains what extended trading permits (ETPs) are, then sets out the specific requirements for each type of ETP.
This document will be useful for any person who wants to apply for an ETP.
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 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
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:
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:
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:
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.
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
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.
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:
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:
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 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:
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.
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
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.
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:
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:
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.
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:
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.
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.
Traditionally Irish themed hotels, taverns, nightclubs, clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.
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.
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.
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.
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:
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.
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:
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.
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’.
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.
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:
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.
Further information on licence requirements is available, or contact 61 8 6551 4888.
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.
Next review date: 3 years from approval date or earlier, as required.
Version 1.0Issued 29 August 2024 In effect from 29 August 2024
Policy reviewed and updated.