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Effective date: 3 April 2019

Disclaimer

This policy guideline is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion or interpretation or other professional advice. The information is provided on the understanding that all persons undertake responsibility for assessing the relevance and accuracy of its contents.

Introduction

This document provides guidance on the legislative requirements relating to extended trading permits (ETP) for extended areas and the circumstances that the licensing authority may have regard to when considering applications for this type of permit.

Pursuant to section 60 of the Liquor Control Act 1988(the Act), on application by the licensee, the licensing authority may grant an extended trading permit authorising the licensee to sell and supply liquor under the licence, according to the tenor of a permit,in a place to which that licence would not otherwise apply.

Legislative provisions

Section 60(4)(h) of the Act provides the authority that enables a licensee to sell liquor in a specified area that would not otherwise be authorised under the licence, on such days and between such hours on those days as may be specified. Permits can be issued for up to a period of 10 years.

Section 61 of the Act sets out the pre-requisites for the grant of such a permit which includes:

• the premises or area must be adjacent to the premises to which the licence relates;
• the licensing authority must be satisfied that it is not more appropriate to redefine the licensed premises or grant an occasional licence; and
• the licensee will, at times when the sale of liquor under the permit is authorised, be entitled to use the premises or area to which the permit is sought.

Applicants are advised that they are responsible to contact their local authority to ensure they have that authority’s required approvals to operate in the ETP area; for example;health or planning approvals, or noise exemptions.

Alfresco dining permits

The application requirements of this policy do not apply to ETP areas for alfresco dining. For information relating to Alfresco ETP’s please refer to the online lodgement guide available on the department’s website.

Factors involved in assessing relevant applications

In considering an ETP for an extended area, the Director will take the following factors into account:

1. the proposed hours of operation in the area;
2. the type of entertainment to be provided in the area;
3. whether there is likely to be any adverse impact on the amenity of the locality in which the licensed premises is located;
4. how the area is to be defined;
5. the size and capacity of the area taking into account the existing toilet facilities;
6. if the area covers a public thoroughfare, how the applicant will manage the potential for conflict between patrons of the venue and pedestrians or juveniles passing through the area; and
7. depending on the size and proposed operation of the area,whether there should be a requirement for the licensee to provide notice to the Liquor Enforcement Unit of the local police when the area is to be activated.

In addition, it is important to consider the type of liquor licence that the permit relates to as the conditions of the licence will apply to the extended area. For example,should the holder of a restaurant licence apply for an extended area permit, the conditions of the licence will still apply to the extended area i.e. liquor will only be able to be consumed by persons ancillary to a meal provided by the licensee (unless a liquor without a meal ETP applies); or, if the holder of a small bar licence applies for an extended area the maximum number of persons permitted in the whole of the area will not be able to exceed 120 persons. Restaurants holding a liquor without a meal permit for 120 persons or less will likewise be limited to the numbers imposed on the licence.

Ongoing extended area permits will not be issued to extend an area that is for the purpose of packaged liquor sales.

Standard conditions

To ensure that the area operates in accordance with the Act, and to minimise any impact on the amenity of the locality conditions that may be imposed on the permit include, but are not limited to, the following:

1. Numbers limitation
   The number of persons permitted entry to the area covered by the extended trading permit licensed area is not to exceed (the number specified). Note: Where this permit applies to a small bar licence, the maximum persons permitted under the areas defined by the licence including the extended trading permit cannot exceed 120.
2. Delineation
   Appropriate fencing or another means of physical delineation is to be positioned around the boundary of the licensed area so as to clearly define the licensed premises.
3. Packaged liquor
   The sale and supply of packaged liquor for consumption off the licensed premises from the permit area is prohibited.
4. Unsealed containers only
   Liquor sold or supplied in the area must be supplied in unsealed containers.
5. Notification
   Notice must be given to the Liquor Enforcement Unit of the Western Australian Police Force a minimum of 14 days before the area is to be activated when more than 200 persons are expected to be in the area.

In addition to the above conditions, it is open to the licensing authority to impose additional conditions on a licence or permit in order to:

• ensure that the premises trades in accordance with the tenor of the licence or permit;
• minimise alcohol-related harm;
• reduce the likely or potential impact on the amenity of the area; or
• for any other reason considered by the licensing authority to be in the public interest.

Application fees

The fee applicable to an application for an area ETP (section 60(4)(h)) is outlined in Schedule 3 of the Liquor Control Regulations 1989.

Lodging an application

An application for an (ongoing) ETP for extended area is to be lodged with the Local Government, Liquor and Gambling Division. An application kit can be obtained from the department’s website.

Applicants are advised that the Director may require the lodgement of a public interest assessment and the application maybe required to be advertised pursuant to section 67 of the Act.

Customer service officers are available during office hours to assist applicants understand the requirements relating to the lodgement of an ETP for extended area. Enquiries can be made by email at rgl@dlgsc.wa.gov.au or by telephoning +61 8 6551 4888.