Extended Trading Permit online lodgement guide

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

Online portal

Login to lodge and renew applications, manage licensing and submit returns.

Sign in

Question and information iconsCoronavirus (COVID-19) information

Latest COVID-19 information, updates and resources.

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 – restaurants to sell or supply liquor without a meal policy

May 30, 2019, 11:05 AM
Title : Extended Trading Permits – restaurants to sell or supply liquor without a meal policy
Introduction : 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 premises.
Select a publication type : Policy

Effective date: 7 May 2007
Last amended: 3 October 2018
Next review: October 2020

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

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 premises.

A ‘meal’ is defined by the Act as food:

  1. that is eaten by a person sitting at a table, or a fixed structure used as a table, with cutlery provided for the purpose of eating the food; and
  2. that is of sufficient substance as to be ordinarily accepted as a meal; and
  3. that may consist of one or more courses;

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:

  • trading can be restricted to specified hours;
  • liquor may only be served and consumed at a dining table and not elsewhere;
  • furniture or fittings be provided or arranged in a specific manner;
  • no charge is levied;
  • the premises is maintained to a specified standard;
  • specified records are kept and made available for inspection; or
  • any other condition which the Director of Liquor Licensing thinks desirable to prevent improper arrangements or practices.

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.

Legislative provisions

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.

Application requirements and procedures

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 websiteor by contacting the department on +61 8 6551 4888.

Standard conditions

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:

  1. Pursuant to section 50 of the Act, the purpose of the business carried on at the licensed premises must consist primarily and predominantly of the regular supply of meals (as defined by section 3 of the Act) to customers.
  2. The licensee must determine what criteria are adopted to ensure compliance with this condition. For example, whether or not, for the previous financial year, that 60 per cent of the business turnover during the operation of the permit is derived from the supply of meals (as opposed to liquor) to customers. In this regard, only meals consumed at the licensed premises should be taken into account – the licensee should not include turnover derived from the sale of take-away meals when using this method.
  3. For the purposes of establishing the primary purpose of the business under the licence, the licensee shall, if required to do so, provide to the Director of Liquor Licensing, for the previous financial year, a record of all transactions entered into by or on behalf of the licensee involving the sale or other disposal of liquor and food. The kitchen situated on the licensed premises, together with kitchen and food service staff, must be open and operating with the restaurant’s regular full menu being available at all times liquor is sold and supplied to patrons. The regular full menu refers to the menu that the restaurant would normally offer at a particular time of day (for exaample breakfast, lunch, or dinner) to customers. It does not mean a reduced version of the menu that offers only finger  foods  or  snack  type  options.  Patrons must be able to order a genuine meal (as defined in section 3 of the Act) at any time during the permit hours.
  4. The premises must always be set up and presented for dining and tables cannot be removed or shifted in order to create dance floors or function areas.
  5. The permit does not apply to any bar/servery area identified in the approved plans or, unless the relevant local government authority otherwise consents, to any external trading area that currently trades under an al fresco extended trading permit (i.e. over a local government controlled footpath area).
  6. The licensee is prohibited from promoting and/or advertising the licensed premises as anything other than a restaurant.
  7. The maximum permitted trading hours in respect of the permit are:
    • Monday to Saturday between the hours of 6am and 12 midnight; and
    • Sunday from 10 am to 12 midnight;
    • No trading under the permit is authorised on Christmas Day, Good Friday or before noon on ANZAC Day.

 

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.

Non-compliance

If a licensee fails to comply with the conditions of the permit, the licensing authority may decide to:

  1. Cancel the permit under section 60(8a). Permits may be cancelled, at the absolute discretion of the licensing authority, if it is satisfied that the permit is no longer appropriate and in the public interest (including when the premises no longer has as its predominant purpose the supply of meals). The cancellation of a permit is not open to appeal, other than to the Supreme Court and only then on a question of law.
  2. Issue an infringement under section 167 to the licensee and approved manager.
  3. Require the licensee to show cause why more restrictive conditions should not be imposed on the licence.
  4. Lodge a section 95 complaint for disciplinary action against the licensee. Under section 96 of the Act, if such a complaint was upheld by the Liquor Commission, a range of disciplinary action could be imposed including: a reprimand and a fine of up to a maximum of $30,000. However, the Penalty sought could also include the suspension of the licence for a specified period of time or the cancellation of the licence.

 

 

Tags :
  • Extended Trading Permit
  • policy
  • restaurant
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