Ongoing extended trading permit online lodgement guide

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 ongoing(i.e. long term)or indefinite circumstances and the factors that the licensing authority may have regard to when considering applications for these permits.

Where appropriate, this document should be read in conjunction with the Director’s policy Extended Trading Permits —Restaurants to Sell/Supply Liquor Without a Meal or Extended Trading Permits — Sunday Trading for Non-Metropolitan Liquor Stores or Extended Trading Permits — Caterers — Ongoing or Extended Trading Permits — Area (Ongoing).

Extended Trading Purposes

Section 60(4) of the Act outlines the purposes for which extended trading permits may be issued. Ongoing and indefinite permits may be sought for the following purposes:

Section 60(4)(a)

Where a licensee is seeking to provide catering services (with or without food)at avenue away from their licensed premises. 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 10 years (see Director’s Policy Extended Trading Permits — Caterers-Ongoing).

Section 60(4)(b)

Where a hotel, nightclub or producers licence includes a specified dining area and the serving of liquor (ancillary to a meal) is required in this area outside of the normal licence trading hours. The dining area must be controlled by the licensee (not a third party) during the extended trading permitted hours. Provided these terms continue to be met, this type of permit may be granted for an indefinite period.

Section 60(4)(c)

Where a restaurant is located within guest accommodation (operated by the licensee) and the licensee wishes to sell liquor to a lodger at any time, ancillary to a meal or otherwise. Liquor can be served to lodgers in any area reserved for the private use of lodgers. In this circumstance, the Director must be satisfied that the predominant purpose of the premises within which the restaurant is located is to provide guest accommodation.

Provided the accommodation continues to be operated by the licensee, this type of permit may be granted for an indefinite period.

Section 60(4)(ca)

or a restaurant to serve liquor to patrons that is not ancillary to a meal(see Director’s Policy Extended Trading Permits —Restaurants to Sell/Supply Liquor Without a Meal). This type of permit may be granted for an ongoing period up to 10 years.

Section 60(4)(d)

To enable a liquor store licensee to deliver or supply liquor after permitted trading hours have ceased (but before 12 midnight), provided the liquor was sold or agreed to be sold during permitted trading hours.This type of permit may be granted for an indefinite period.

Section 60(4)(e)

To enable the licensee of a club or special facility licence to sell liquor to a member (or the guest of a member) of an association of persons attending the licensed venue together by reason of a common interest. Each member of the visiting association is permitted to bring up to 5 guests. This type of permit may be granted for an ongoing period of up to 10 years.

Section 60(4)(g)

To allow the licensee to extend the permitted trading hours of the premises. This type of permit may be granted for an ongoing period of up to 10 years.

Section 60(4)(h)

To allow a licensee to sell liquor in a specified area or premises, that would not otherwise be authorised under the licence.This type of permit may be granted for an ongoing period of up to 10 years, please see Director’s Policy — Extended Trading Permits — Area (Ongoing)for further information.

Section 60(4)(ia)

To allow a licensee of a producer’s to sell liquor under their licence on specified premises on which the licensee would not otherwise be authorised to sell liquor (see Director’s policy Extended Trading Permits -Cellar Door Operations). This type of permit may be granted for an indefinite period.

Public interest

An application for an extended trading permit is required to be dealt with on its merits, after such inquiry as the licensing authority sees fit. In support of the application, licensees seeking an extended trading permit under section 60(4)(g) will be expected to demonstrate that the grant of the permit is in the public interest as set out in section 38 of the Act. Please refer to the Director’s policy titled “Public Interest Assessment”.

In terms of the public interest, under section 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.

The licensee is required to lodge a written submission in support of all other extended trading permit applications.

Other considerations

Applications for permits issued under section 60(4)(g) of the Act will be considered in conjunction with a licence application. However, in such cases, applicants are expected to demonstrate that the grant of the licence is in the public interest and in addition provide evidence that the grant of the permit is in the public interest. Applicants may consider lodging separate PIAs for each application to clearly address the differing interests of the public in relation to a new licensed premise and an application for ongoing extended trading hours in their community.

Permit/approval conditions

Where applications for extended trading permits are approved under section 60(4)(g), (for example extended hours) those approvals will generally have,but are not limited to, the following conditions imposed where appropriate:

1. Unaccompanied juveniles prohibited
   Only juveniles accompanied and supervised by a responsible adult (as defined by Section 125(2)(b) of the Liquor Control Act 1988) are permitted to enter and remain on the licensed premises.
2. Packaged liquor prohibited
   The sale and supply of packaged liquor for consumption off the licensed premises is prohibited during the hours covered by the permit/licence.
3. Containers and quantities
   No liquor is to be sold or supplied for consumption on the premises in any of the following ways:-a)In any vessels with a measurement capacity exceeding 750ml, except vessels containing premixed drinks (e.g. RTDs) which shall not exceed 375ml;b)in non-standard measures of spirits (i.e. no more than 50mls of spirits is permitted in any vessel).
4. Responsible drink practices
   The licensee is prohibited from selling and supplying beverages in such a way that would encourage rapid consumption of liquor (for example but not limited to, unadulterated spirit or liqueur in a shot glass); or drinks known as ‘laybacks’, ‘shots’, ‘shooters’, ‘test tubes’, ‘jelly shots’, ‘blasters’ or ‘bombs’ or any other emotive title.
5. Lock-out
   Persons (other than an “authorised person”) are prohibited from entering or re-entering the licensed premises 30 minutes prior to the close of trading prescribed on the licence or permit.
6. Licensed security requirements
   Crowd controllers licensed under the Security and Related Activities (Control) Act 1996, must be on duty during the hours covered by the permit. A ratio of two (2) crowd controllers for the first one hundred (100) patrons and one (1) crowd controller for each additional one hundred (100) patrons or part thereof must be on duty.This condition may be imposed on permits that allow the sale of liquor between 12 midnight and 1 am. Where the sale of liquor is permitted after 1 am this condition will be imposed on the permit.Additionally, licensees wishing to trade beyond 1am will be required to comply with standard conditions relating to security and CCTV systems. For further information, please refer to the Director’s policy “Safety and Security at Licensed Premises”.

In addition to the above conditions, it is open to the licensing authority to impose 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.

The licensing authority may also grant an application for extended hours in whole or in part; that is, reduce the extended hours sought by an applicant.

Consequently, an applicant may wish to lodge submissions in respect of the above matters as part of their application.

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 or by contacting the department on 61 8 6551 4888.