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

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Policies

Extended Trading Permits – Sunday trading for non-metropolitan liquor stores policy

May 30, 2019, 11:29 AM
Title : Extended Trading Permits – Sunday trading for non-metropolitan liquor stores policy
Introduction : This policy provides guidance on the Director’s requirements for liquor stores located outside the Perth metropolitan area to trade on Sundays under an ETP.
Select a publication type : Policy

Effective date: 30 November 2009
Last amended: 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

Section 60 of the Liquor Control Act 1988(“the Act”)provides for the Director of Liquor Licensing (the Director) to grant an extended trading permit (ETP) to authorise a licensee to sell and supply liquor under the licence, according to the tenor of a permit, in circumstances and at times, in which the licence would not otherwise apply.

Section 60(4)(g)of the Act specifically identifies that one of the reasons for which an ETP may be granted is extended trading hours. These ETPs can be approved for a period of up to ten years.

This policy provides guidance on the Director’s requirements for liquor stores located outside the Perth metropolitan area to trade on Sundays under an ETP.

Information on how to apply

Application kits containing a lodgement guide,the required application forms and information on the lodgement fee can be downloaded from the department’s website or by telephoning the department on +61 8 6551 4888.

Factors involved in assessing applications

In considering an ETP for extended trading hours, the Director will take into account the permitted trading hours specified in Division 1 of Part 4 of the Act, the matters specified in sections 60 and 76 of the Act, the overall merits of the particular application and most importantly, the objects of the Act as set out in section 5.

Additionally, in accordance with section 38(1)(b) of the Act and regulation 9F of the Liquor Control Regulations 1989, where an ETP is sought for a period exceeding three weeks, the Director will also need to consider whether the grant of the permit is in the public interest.

The following factors are relevant for Sunday trading for liquor stores located outside of the Perth metropolitan area for both on-going trade, special occasions and peak holiday periods:

Ongoing Extended Trading Permits

In support of an application for ongoing Sunday trading (for a period exceeding three weeks), licensees will need to demonstrate that the grant of the ETP is in the public interest. Further guidance on what may constitute the public interest can be found in the objects of the Act, section 38 of the Act and the Director’s Public Interest Assessment policy guideline.

Importantly, section 33(1) of the Act provides that the licensing authority has the absolute discretion to grant or refuse an application under the Act, on any ground or for any reason that it considers to be in the public interest.

Given that Government policy, as reflected in section 98D of the Act, is to prohibit liquor stores located outside the Perth metropolitan area from trading on Sundays, the following additional factors will also be considered relevant:

  1. section 5(1)(c) of the Act, which requires consideration to be given to whether the application “caters for the requirements of consumers for liquor and related services” and in this context, it is considered that the public interest associated with an application for an ETP for a non-metropolitan liquor store to trade on Sundays:
    1. is less likely to cater for the broader requirements of liquor consumers and related services, where the relevant liquor store is located within reasonable proximity to existing licensed premises that may already be authorised to sell packaged liquor on a Sunday;
    2. would only offer a limited benefit, since consumer requirements in the locality are already being metby the existing licensed premises, the only additional benefit the public would enjoy upon the grant of an ETP would be a potential increase in convenience and the benefit of this is far less significant than meeting a previously unmet consumer requirement;and
    3. as country communities may already have access to packaged liquor on Sundays from other licensed premises, travelling time to the nearest outlet will be a relevant matter and the mere inconvenience of consumers having to travel a reasonable distance to purchase liquor on a Sunday would also not normally be considered as sufficient justification or reason to grant an ETP1;
  2. whether trading on Sunday will provide consumers with access to additional services in conjunction with packaged liquor sales (although it should be noted that the added convenience to local shoppers at a local supermarket has not been considered by the Liquor Commission as a sufficient reason to grant an ETP in the public interest, which involves much broader considerations2);
  3. whether the licensee has previously been granted an ETP to authorise trading on Sundays at the relevant liquor store; and
  4. whether the premises is located in a holiday/tourist area and the effect that the grant might have in relation to tourism, or community or cultural matters.

In addition to the above, the Supreme Court’s finding that the Act’s ETP provisions do not require the Director to treat Sunday in the same way as other days of the week is also relevant3

Festive season

The Christmas/New Year shopping hours and the requirements of the public for packaged liquor during the festive season, are circumstances that can justify extended trading hours for liquor stores to trade on the two Sundays preceding Christmas and the Sunday before New Year’s Day.

Permits - peak holiday/tourist periods

In considering applications for ETPs from licensees of liquor stores located in a country town site to trade on the Sunday/s, one of the circumstances of particular relevance to an application will be whether the liquor store is located in a holiday/tourist area which traditionally attracts a large influx of visitors during peak periods the subject of the ETP application. Submissions in support of the application will be required.

Permits for other special occasions or events

A licensee that wishes to apply to trade on a Sunday for a special occasion or event, such as a festival, must lodge submissions in support of their application that include the nature of the event, the additional number of people expected to visit the area or location, and the reasons why they believe that the demand for packaged liquor cannot be met by existing licensees in the area.

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)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 and in the public interest.Further, the decision to cancel 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 167of the Act 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 complaint, pursuant to section 95 of the Act, 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 actions could be imposed including: a reprimand and a fine of up to $60,000. However, the penalty sought could also include the suspension of the licence for a specified period or cancellation of the licence.

Footnotes

  1. See the observations of the Liquor Commission in Redport Enterprises Pty Ltd v Executive Director of Public Health & Others(LC 01/2016).
  2. See also Redport Enterprises Pty Ltd, supra.
  3. See the comments of McLure J in Re Romato; Ex Parte Mitchell James Holdings Pty Ltd[2001 WASCA 28.]

 

Tags :
  • Extended Trading Permit
  • liquor store
  • 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