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/Variations – One-off events or functions policy

May 30, 2019, 10:39 AM
Title : Extended Trading Permits/Variations – One-off events or functions policy
Introduction : Under section 60 of the Act the licensing authority may grant an extended trading permit (ETP) authorising the licensee to sell and supply liquor in circumstances to which the licence would not otherwise apply.
Select a publication type : Policy

Effective date: 23 October 2009
Last amended: 3 April 2019
Next review: 3 April 2021

Disclaimer

This policy guideline is designed to provide accurate and authoritative 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

The Liquor Control Act 1988 (‘the Act’) sets out the fundamental trading conditions for each class of licence with sections 98 to 98Hof the Act providing the permitted trading hours.

Under section 60 of the Act the licensing authority may grant an extended trading permit (ETP) authorising the licensee to sell and supply liquor in circumstances to which the licence would not otherwise apply. In addition, section 63 of the Act empowers the licensing authority, to vary any term or condition imposed on a licence.

An application for an ETP,or to vary or cancel a condition of a licence must be considered on its own merits, and therefore, the onus is on the licensee to demonstrate the merits of their application.

This policy provides guidance as to the circumstances in which permits or variations to licence conditions may be considered.This list of circumstances is not exhaustive, please contact the department on +61 8 6551 4888 if you require further information in relation to your particular circumstances.

This policy should be read in conjunction with the Director’s policies on:

  • Extended Trading Permits –Non Members
  • Extended Trading Permits – Sunday Trading Non-Metro Liquor Stores
  • Extended Trading Permits – Restaurants Holding Finger Food/Cocktail Functions
  • Temporary Bars

Extended trading hours

Public holidays, peak holiday tourist periods and special dates

Christmas and New Year

  • Non-metropolitan liquor stores may be granted approval to trade on the two Sundays preceding Christmas and the Sunday preceding New Year’s Day.
  • Every application for extended trading must be considered on its own merits.
  • Licensees should also refer to the policy on Extended Trading Permits – Sunday Trading Non-Metro Liquor Stores.

Peak Holiday/Tourist Periods

  • Non-metropolitan liquor stores located in holiday and/or tourist areas, which traditionally attract a large influx of visitors over peak periods,may seek to trade on Sunday/s during those peak periods. Submissions in support of the application will be required. Licensees should also refer to the policy on Extended Trading Permits – Sunday Trading: Non-metro Liquor Stores.
  • ETPs will not be granted to authorise trading on Good Friday(section 60(4) of the Act specifically prohibits extended trading hours on Good Friday).

ANZACDay

  • RSL clubswho hold a club or club restricted licence may apply to trade between 6 am and 12middayon ANZAC Day to sell and supply liquor to either members and guests or to non-members (see further information below regarding restrictions on non-member permits). Hotels, taverns, small bars and some special facility licences may seek approval for a private function being held specifically for RSL members and their guests – no general public will be allowed entry to the function.

St Patrick’s Day

  • Traditionally Irish themed hotels, taverns, nightclubs,clubs and certain special facility licences may seek an extension of trading hours on St Patrick’s Day.

Mothers' Day and Fathers' Day

  • Licensees may seek a permit to extend trading hours for Mothers’ Day and Fathers’ Day functions. However, the permit will generally be conditioned such that liquor may only be sold and supplied ancillary to a meal provided by the licensee.

National Race Days

  • Licensed premises with a TAB facility may seek a permit for additional trading hours to cater for patrons of the TAB facility during a race meeting.

Public holiday long weekends

  • The 2015 amendments to the Act increased extended trading hours for hotel, tavern and small bar licences to 12 midnight every Sunday. In addition, the standard trading hours for nightclubs were extended to 2 am on Monday mornings.
  • Given this increase in trading hours on Sundays, applications for one off extended trading permits on Sundays preceding a gazetted public holiday that falls on a Monday will generally not be approved, unless exceptional circumstances exist.

Entertainment such as bands, DJ’s

  • Licensees in the metropolitan area may seek approval for one (1)additional hour if the entertainment being provided is a live performance by an interstate or international bona fide band, DJ or artist.
  • Licensees outside of the metropolitan area may seek approval if the entertainment being provided is a live performance by a bona fide band, DJ or artist who is not based in the local area.

Private Functions/Events

  • Applications for extended trading hours will generally only be considered where a patron has approached the licensee to hold a private function, for example a 21stbirthday party; wedding reception; fashion parade etc.
  • The function should be a private event to which the general public will not be admitted.

Live broadcasts of sporting events

  • Licensees may seek approval for extended trading hours during live broadcasts of events such as the FA Cup; a World Cup; Olympic Games; AFL Grand Final; or world title boxing matches.
  • Where there is a national team competing in a final, and the premises has a strong emphasis or theme that is consistent with that nation, the application will be looked at favourably. Submissions in support of the application will be required.
  • Approvals for these events will be conditioned such that patrons must be there for the purpose of watching the live broadcast, and lock-out conditions may also be imposed.

Local festivals

  • Licensees may seek approval where there is a large influx of visitors due to a local festival or special event occurring in the town. Submissions in support of the application will be required. Applications will be considered on their own merits in the context of the local event. The applicant must demonstrate a genuine need for extended hours in relation to the event.

Event after parties

  • Where a licensee has been approached by the organisers of a major event to hold the official “after party”, applications for extensions to approved hours may be considered if the licensee can demonstrate that:
    1. the application is to extend trading hours to hold a private “after party” for organisers, performers, volunteers, exhibitors etc in a specified part of the licensed premises and is at the request of the festival organiser; and
    2. the general public are not permitted entry to the “after party” function.

Other Extended Trading Permits

Nightclubs

  • Nightclubs may seek a permit to authorise the sale and supply of liquor at a special function being held on the licensed premises whether or not continuous live entertainment is being provided. For example, a matinee show of a live performer or a corporate function.

Clubs

  • Club licensees may seek an ETP to authorise the sale and supply of liquor at a special occasion or function, on the licensed premises, to persons other than members or guests of members, that is; the general public. For example; an open day, or a function such as a wedding reception being held by a non-member.
  • While the nature of the function will be taken into consideration at the time of determination, there is no restriction on the Club as to the reason for such permits.
  • Generally, no more than twelve(12) approvals of this kind shall be issued ina 12 month period.
  • Licensees should also refer to the policy on Extended Trading Permits - Sale and Supply Liquor to Non-Members at Club and Club Restricted Premises for further information.

Restaurants

Restaurant licences may seek an ETP to authorise the sale and supply of liquor at a private function being held on the licensed premises where no meal is being supplied.

With the exception of a “Grand Opening” and New Year’s Eve functions, permits will generally not be granted where the licensee is seeking to host a function that is open to the public.

Applications will generally be considered where a patron has approached the licensee to hold a private function, for example; a birthday/wedding anniversary celebration, wedding reception, or fashion launch/parade.

Generally, no more than twelve (12) permits of this kind may be issued in a twelve (12)month period. Applicants should refer to Extended Trading Permits - Restaurants Holding Finger Food/Cocktail Functions for further information.

Extended area approval

  • Approvals may be issued to authorise a licensee to sell and supply liquor at a function away from their licensed premises provided the area is adjacent to the licensed premises. This could include a carpark, or an adjacent building.

One Off Extended Trading Permits – Caterers

  • Section 60(4)(a) of the Act specifically identifies that one of the purposes for which an ETP may be granted is to allow catering, that is, authorising a licensee to sell liquor as a caterer for a one-off event. Under such an approval the licensee is authorised to sell and supply liquor at unlicensed premises, where it has been engaged and has agreed as a caterer to provide liquor, whether with or without food, for consumption by persons on those premises only, subject to the requirement that the consent of the owner or occupier of the premises has been obtained. Please also refer to the Policy on Temporary Bars for further information.

Please note:

  1. Where a licensee has been engaged to cater for a third party at a location not licensed, the area where liquor will be sold and supplied does not need to be adjacent to the licensed premises; and
  2. The licensee must be responsible for the business conducted under the licence which includes the responsibility for employing/engaging the security/crowd controllers in the licensed area.

General restrictions and conditions of approvals

  • As a matter of policy, only one (1) additional trading hour will be approved. Special circumstances would need to be demonstrated before any additional hours will be considered in excess of one (1) hour.
  • An application for an extension of hours and/or area will be considered on its merits and will be determined on the papers. Therefore, licensees must lodge submissions in support of their application at the time of lodgement that address the following criteria:
    1. what type of entertainment is being provided?
    2. is food being provided?
    3. does the licensee adopt responsible serving practices?
    4. does the licensee have a management plan,security,staff instructions and code of practice? and
    5. what special management measures are being put in place to manage the function or event?

This list in not exhaustive and other criteria may be relevant.

Lodging an application

A licensee seeking an approval under these provisions will be required to meet the following criteria:

  1. Lodgement of an application for an Extended Trading Permit for Special Occasion or Function or an application to Add, Vary or Cancel Condition of a Licence or Permit for a Special Occasion or Function.
  2. Submissions in support of the application;
  3. Any approvals and/or consents that the licensing authority considers appropriate; and
  4. Payment of the prescribed application fee (plus an additional fee for each additional day).
  5. For events where over 500 patrons are expected to attend a copy of the management plan for the event maybe required.

Important: Applications must be submitted in accordance with the minimum timeframes specified in the table below. Failure to do so is likely to result in the application being refused.

Lodgement periods:

  • Up to 500 people 14 days
  • Between 501 and 5000 people 30 days
  • Over 5000 people 60 days

Application kits containing the lodgement guide and all the required forms can be downloaded from the department’s website or by contacting the department on +61 8 6551 4888

Tags :
  • event
  • Extended Trading Permit
  • liquor
  • one-off
  • policy
  • trading hours
Categories :
  • Liquor
Related local governments
Related pages :

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