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 – Ongoing and Indefinite policy

May 30, 2019, 10:53 AM
Title : Extended Trading Permits – Ongoing and Indefinite policy
Introduction : This document provides guidance on extended trading permits that are sought for ongoing (i.e. long term) or indefinite circumstancesand the factors that the licensing authority may have regard to when considering applications for these permits.
Select a publication type : Policy

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 10years(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 maybe granted for an ongoing period up to10years.

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 maybe 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 theirlicence 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 permitis 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 spiritor 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.

Tags :
  • Extended Trading Permit
  • liquor
  • 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