Extended Trading Permit online lodgement guide

Guidance for licensees on how to apply for an Extended Trading Permit.

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For information relating to applications for an Occasional Liquor Licence please refer to the Occasional Lodgement Guide.

General information on Extended Trading Permits

This information explains the types of ongoing extended trading permits (ETP) available under the Liquor Control Act 1988 (the Act). To be read in conjunction with the relevant policies available on our website.

Lodgement checklist

All information is entered directly into the online form unless specified otherwise. Please note any Director’s policy or forms.

Lodgement requirements for all Ongoing Extended Trading Permit (ETP) applications

Lodgement requirements for each permit type

No additional information is required for Liquor without a Meal (restricted to 120 persons or less) or Late Delivery.

Associations

Catering

Cellar Door Operations

Dining area

Extended area (consumption whilst seated)

Extended area (consumption whilst standing)

Guest accommodation (lodgers/residential)

Liquor without a meal (not restricted to 120 persons or less)

Ongoing hours

Downloads

Policies

Extended Trading Permits – area (ongoing) policy

May 30, 2019, 11:43 AM
Title : Extended Trading Permits – area (ongoing) policy
Introduction : Guidance on the legislative requirements relating to extended trading permits (ETP) for extended areas.
Select a publication type : Policy

Effective date: 3 April 2019
Next review: 3 April 2021

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 application kit 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 premisesfrom the permit areais 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.

 

Tags :
  • Extended Trading Permit
  • policy
Categories :
  • Liquor
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Lodging your application

Ongoing Extended Trading Permits (ETPs) are applications designed to extend the hours or area of an existing permanent liquor licence. Applicants with an existing liquor licence can now complete an online application form for these types of permanent extensions. The online form is designed to be intuitive; it will change to reflect the options you select as you proceed. This process will provide greater visibility of the overall application process to all applicants and aims to reduce determination times.

In order to access this application you have to log in to the account that is linked to the permanent liquor licence. You will not be able to complete this application form using a new account or an account that is linked to a different licensee/entity.

The department is committed to ensuring that information on our website is widely accessible. If you require a manual copy of the new application form to be emailed or posted to you, please contact the department on 61 8 6551 4888.

Please note that the time taken to process an application will vary depending on a range of factors including the complexity of the application, advertising times and any objections which may be raised.

How to lodge an application

Applications for Ongoing Extended Trading Permits must be lodged under an account that is linked to an existing liquor licence, specifically the one you are intending to extend.

Please refer to the following steps to lodge your application:

  1. Log into your existing Account
  2. Select the Application Type
  3. Complete the Application form
  4. Make payment

Step 1: Accessing your account

Log in to your existing account to start this process.

If you are an existing licensee, but do not yet have an online account, please set up a new account and select ‘No’ that you are not a current licence holder, then register the account. Please email your new Username, including evidence of your authority to act on behalf of the licensee, to e.business@dlgsc.wa.gov.au so we can connect your new account to your existing liquor licence.

If you have forgotten your password please use the Reset Password option in the first instance to access the account. Please note that we do not use emails as usernames, if you do not remember your username please contact us on 61 8 6551 4999.

Step 2: Select the Application Type

Now that you are set up with an account you can start the application.

  1. In the menu bar at the top of the page click on New Lodgement to locate the online application forms.
  2. From the drop down menu select the Group as Liquor and then the Type as Ongoing Extended Trading Permit. Click on Submit to start the form.
Permanent online step 2

Step 3: Completing the application form

The application form will open onto an Instructions page which explains how to use the form. Read through each question carefully and remember to save your form often.

This form is designed to be intuitive, when you answer a question it will change the form to allow you to provide more information. Please be sure to give the pages a few moments to update when you select an option in case it needs to create more fields for you to fill out.

If you do not have the information required at hand you can save your form and return to it later via the My Account page. Clicking on Save will create a link on the My Account page under Saved Forms. You can click on Resume to proceed or Delete to remove the saved form.

If you wish to keep a copy of the application form for your records you can only do this prior to submitting the application. Clicking on the PDF button will create a PDF of the application form in its current state for you to save to your computer.

Permanent online step 3 completing the application form

Step 4: Making payment

Upon submission of the form click on the Pay Fee button to view the payment options and make payment.

Payment for online lodgement can be made online via BPOINT. To pay via any other method, including BPay, please click the View Quote button. This will generate a quote with payment details and your unique application number.

Please make sure to quote the Application Reference Number when submitting any enquiries or manual documents in relation to this application.

When the fee is paid the date of lodgement will be the date the payment is receipted by the licensing authority. It generally takes 1-2 business days for the fee to register on our system. Please be aware that we will be unable to issue you with an official receipt until the fee has fully registered. When you make payment online you will instead be offered a payment confirmation slip which you can retain as evidence of payment if required.

For a full list of the fees and charges please refer to the fees and charges page.

Application fees are not subject to GST.
Permanent online step 4 making payment

What happens next

If your application is submitted successfully, you will be emailed an acknowledgment letter. This will confirm that the department has received your application; it will also outline any further information required for this application and the date by which it must be submitted.

Page reviewed 30 June 2020