The State Government has announced the Level 1 COVID-19 Business Assistance Package.
Guidance for licensees on how to apply for an extended trading permit.
Login to lodge and renew applications, manage licensing and submit returns.
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.
All information is entered directly into the online form unless specified otherwise. Please note any Director’s policy or forms.
No additional information is required for Liquor without a Meal (restricted to 120 persons or less) or Late Delivery.
Effective date: 7 May 2007 Last amended: 12 August 2020
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.
Section 50 of the Liquor Control Act 1988 (‘the Act’) authorises a restaurant licence to sell and supply liquor for consumption on the licensed premises only ancillary to a meal supplied by the licensee and eaten by the patron on the licensed
A ‘meal’ is defined by the Act as food:
but does not include any food prescribed by the Liquor Control Regulations 1989 not to be a meal.
When read as a whole, the provisions of the Act in relation to restaurants (that is; sections 50 to 53) mean that the business conducted under a restaurant licence must consist primarily and predominantly of the regular supply to customers of meals to
be eaten on the premises, by patrons seated at a dining table or fixed structure used for dining.
The Act provides flexibility, by way of an extended trading permit, for a restaurant licensee to also sell liquor without a meal, in certain circumstances. In this regard, however, section 50(1a) specifically provides that the consumption of liquor without
a meal can only occur where an extended trading permit has been issued under section 60(4)(ca) of the Act, and only where the patron is sitting at a table, or at a fixed structure used as a table.
Section 50A of the Act provides that when the licensing authority grants a restaurant licence that is subject to a condition limiting the maximum number of persons (excluding responsible persons and authorised officers) who may be on the licensed premises
to 120, an extended trading permit may also be issued under section 60(4)(ca).
Further, section 53 of the Act provides that the authority conferred by section 50 or by an extended trading permit may be conditioned such that:
This publication provides guidance as to the legislative requirements associated with “liquor without a meal” permits and the matters that the licensing authority may have regard to when considering such applications.
Section 60(4)(ca) of the Act provides that an extended trading permit may be issued to a licensee of a restaurant, authorising the licensee to sell liquor for consumption on the premises, without a meal, during the hours which are permitted hours under
a hotel licence and as set out in section 98. These permits are an addition to the licence and complement the authority granted under that particular licence; that is, permits do not alter the primary and predominant purpose of a licence type.
In essence, extended trading permits are a privilege and are not an automatic right.
A licensee seeking the grant of “liquor without a meal” permit will be required to submit the documentation identified in the department’s lodgement guide applicable to the application type. Application kits containing the lodgement
guides and all the required forms can be downloaded from the department’s website or by contacting the department on 61 8 6551 4888.
To ensure that restaurants do not become de-facto bars, conditions will be imposed so as to maintain the predominant purpose of a restaurant – that is, the regular supply of meals.
Where an application for a “liquor without a meal” permit is granted, in accordance with the powers given by section 53 and section 64 of the Act, the licence will be conditioned so that liquor may only be consumed by patrons while seated
at a table, or a fixed structure used as a table for the eating of food, and not elsewhere and the sale and supply of liquor to patrons will be restricted to table service by staff of the licensee.
Further, conditions that may be imposed on the permit include, but are not limited to, the following:
Applicants for a “liquor without a meal” permit for may be expected to confirm that they have read and understood these standard conditions prior to a determination on the application being made. Further, licensees may be expected to confirm
what menus are available for patrons to order from throughout the permit hours.
If a licensee fails to comply with the conditions of the permit, the licensing authority may decide to:
Ongoing extended trading permits (ETPs) are designed to extend trading conditions in accordance with the permit. Applicants with an existing liquor licence can 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.
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:
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 to firstname.lastname@example.org so we can connect your new account to your existing liquor licence. Please note - if the person emailing the username is not part of the licensee entity (eg employee) they will need to also email authority from the licensee authorising the request being made.
Now that you are set up with an account you can start the application.
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.
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.
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.
Do not submit enquiries with this form.