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 – caterers ongoing policy

May 30, 2019, 11:54 AM
Title : Extended Trading Permits – caterers ongoing policy
Introduction : Guidance on extended trading permits that are sought for providing catering services (with or without food) at venues away from the licensed premises.
Select a publication type : Policy

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

Disclaimer

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

Introduction

On application by the licensee, the licensing authority may, under section 60 of the Liquor Control Act 1988 (‘the Act’), grant an extended trading permit authorising the licensee to sell and supply liquor under the licence, according to the tenor of a permit, in circumstances to which that licence would not otherwise apply.This document provides guidance on extended trading permits that are sought for providing catering services (with or without food) at venues away from the licensed premises.

Legislative provisions

Section 60(4)(a)of the Act outlines that the purpose for which an extended trading permit may be granted is catering, authorising the licensee to sell liquor as a caterer.The licensee must be engaged by a third party to provide catering services and trading will be authorised on days other than Good Friday and during the hours specified in the permit. This type of permit may be granted for an ongoing period of up to 10years.

Public interest

In terms of the public interest, undersection 33(1) of the Act, the licensing authority has an absolute discretion to grant or refuse an application on any ground or for any reason the licensing authority considers to be in the public interest.

Other legislative obligations

Approved Manager

Section 100(2a) of the Act requires that an approved manager must be present at the licensed premises at any time when business is conducted at those premises.In this regard, a licensee may choose to employ a number of approved managers.For further information on the requirements relating to approved managers, please refer to the Director’s policy titled Managers at Licensed Premises.

Mandatory training

The Act imposes mandatory training requirements on licensees, approved managers, supervisory staff and bar staff in relation to the management of licensed premises and the responsible service of alcohol. There is also a requirement for licensees to maintain a training register that records employee information and their training compliance.For further information on the mandatory training requirements and the register, please refer to the Director’s policy titled Mandatory Training.

Drinking water

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

Incident register

The licensee is required to maintain a register of the incidents, of the prescribed kind, that take place at the licensed premises.For guidance on the minimum requirements in respect of this register, please refer to the Director’s policy titled Incident Registers at Licensed Premises.

General licence conditions

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

  1. A person who engages a licensee as a caterer to supply liquor at a function (as defined by section 3 of the Act), must not be a related body corporate of the licensee;
  2. Where a licensee is engaged as a caterer in the following circumstances, it is not required to seek a variation of the conditions of the permit if;
    1. liquor is provided to guests throughout the event, free of charge, either with or without food, irrespective of the number of guests in attendance;or
    2. liquor is sold and supplied directly to guests throughout any stage of the event, either with or without food, where no more than 200 people are expected to be in the licensed area at any one time.
  3. Where a licensee is engaged as a caterer to sell and supply liquor directly to guests at a function where more than 200 people are expected to be in the licensed area at any one time, the licensee is required to seek approval from the Director of Liquor Licensing via an application to vary the conditions of the permit in accordance with the following requirements:
    1. if the anticipated number of persons in the licensed area is not greater than 500, the application must be lodged with the Director no less than 14 days prior to the event;or
    2. if the anticipated number of persons in the licensed area is greater than 500but not greater than 5000, the application must be lodged with the Director no less than 30 days prior to the event;
    3. if the anticipated number of persons in the licensed area is greater than 5000, the application must be lodged with the Director no less than 60 days prior to the event;and
    4. the application is required to be accompanied by the following:
      • a map of the venue or area from which liquor is to be sold, supplied and consumed to be outlined in red;
      • details of how the event will be managed/conducted;
      • the date of the event, including start and finish times;▪details of the person engaging the licensee and organising the event;
      • an application with fee (under s 104 of the Act) for any profit sharing arrangement between the licensee and another entity;
      • details of the manner in which liquor will be sold and supplied at the event; and
      • confirmation that consent is given by the owner or occupier of the premises where theliquor is to be sold or supplied.
    5. the information contained within the submission as prescribed above must:
      • be provided in its entirety at one time (i.e. the information must not be submitted in parts, unless immediate and consecutive); and
      • be served on the Liquor Enforcement Unit of the Western Australian Police in thesame manner mentioned above.

       

     

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

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

Non-compliance

Licensees should be aware that the approval of an extended trading permit can be withdrawn. If a licensee fails to comply with the conditions of the permit, the licensing authority may:

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

Application kits

Application kits containing the lodgement guide and all the required forms can be obtained from the department’s website aor by contacting the department on +61 8 6551 4888

Tags :
  • catering
  • Extended Trading Permit
  • policy
Categories :
  • Liquor
Related local governments

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