One-off Add, Vary or Cancel lodgement guide

Requirements when applying to add, vary or cancel a condition of a permanent liquor licence for a one-off occasion.

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This lodgement guide should be read in conjunction with the Director’s policies in respect of Extended Trading Permits/Variations – One-off events or functions.

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 the application

Applicants must complete an online application via our online portal, this application must be made from an account that is currently linked to the relevant liquor licence (the licensee’s account). If the licensee does not have an account, one must be created.

One-off Add, Vary or Cancel types

There are two different One-Off Add, Vary or Cancel types:

  1. Extended Hours and/or Area (for special facility licences only).
  2. General (to apply for a one-off variation to existing permanent licence conditions).

Submissions

In order for the department to consider an application to alter the licence conditions, we require a submission detailing the event and the reasons why you need to trade in a manner not already permitted on your permanent liquor licence.

Applications over 500 people should also be lodged with a submission or management plan detailing the proposed the controls to ensure the event is conducted in a safe manner.

When your application must be lodged

  • Up to 500 persons on premises: 14 days prior to event date.
  • 501 to 5000 persons on premises: 30 days prior to event date.
  • Over 5000 persons on premises: 60 days prior to event date.

Choosing the correct permit type

Our system is designed to assist you in selecting the correct approval type. However, to make it easier, the following can be used as a guide.

Extended Hours and/or Area (Special Facility Licences only)

This approval type is used to extend the hours and/or area for a one-off event to be held on or adjacent to an existing special facility licence. This option also allows a licensee of a Special Facility Caterers to comply with their licence conditions by lodging an application when they have been engaged for a specific function.

General (for all licence types)

Select this option to propose trading in a manner you are not currently permitted under the current licence conditions for a one-off event. You can choose to add a new condition, vary an existing condition or cancel a condition for a special occasion/function. Please note however, that if you are proposing to trade in a manner contrary to the tenor of the liquor licence as specified in the Act, an occasional liquor licence application may be a more appropriate.

If you are proposing to vary a condition of your licence in conjunction with a one off extended hours or area application, you are not required to lodge an additional One-off Add, Var, Cancel application. This is captured as part of the extended hours/area application.

Amended Entertainment Condition

In regards to proposed adult entertainment,the licensee will need to provide detailed submissions with the application which demonstrates the following:

  • There is sufficient public demand for this type of adult entertainment.
  • That the licensee is responsible and able to control the premises in a proper manner.

 

Application fees

The application fee must be lodged with the application. Please refer to the fee schedule below. Please note that the application cannot be examined until the fee is received. Generally, the application fee is not refundable, even if the application is refused or withdrawn.

Add, vary or cancel a condition of a licence or permit
Fee description Fee
Permanent club restricted licence
$45
Permanent of any other type of licence
$245
One-off (for a period of 21 days or less) club restricted licence
$45
One-off (for a period of 21 days or less) any other licence type if the anticipated number of patrons is up to 500
$113
One-off (for a period of 21 days or less) any other licence type if the anticipated number of patrons 501 to 1000$232
One-off (for a period of 21 days or less) any other licence type if the anticipated number of patrons 1001 to 5000
$1173
One-off (for a period of 21 days or less) any other licence type if the anticipated number of patrons 5001 to 10,000
$2349
One-off (for a period of 21 days or less) any other licence type if the anticipated number of patrons over 10,000$4709
Alteration or redefinition of a licensed premises$411

With respect to a One-off Extended Trading Permit application or Add, Vary or Cancel a condition of licence application sought for a function or event that takes place over a number of dates, the fee will be calculated based upon the total maximum number of persons expected to be present in the licensed area at any one time for each date. For example: if a function or event runs for 2 days and the maximum number of persons expected to be present in the licensed area at any one time is 300, then the fee will be calculated on an attendance of 300 for each date and will be $232.

Lodgement through the portal

Applications for One-off Add, Vary, Cancel must be made under the name of the licensee of the licensed premises subject of the application.

Your current liquor licence will be in the name of one of the following:

  • an individual (natural person)
  • partnership or organisation for instance Body Corporate or Incorporated Body. Example: Special Facility Licensee –ABC Pty Ltd

In early 2017, a letter was posted to all existing holders of liquor licences which contained a client reference and unique reference number. If you are a licensee and did not receive this letter, please contact the department on 61 8 6551 4999. In order to set up your account, the licensee must first create an account.This process is outlined below and will connect your account to the relevant liquor licence.

1.  Creating an account

First you must create an account. This account will be used to submit your applications, returns and change your address details.

  • Visit the online portal
  • Select Create Account.
  • Add all required fields and click Register.
    • The username must be in lowercase letters and cannot contain spaces or symbols such as @, !, &.
    • The password must be at least 8 characters long and contain at least 1 number, 1 uppercase and 1 lowercase letters.
  • An email will be sent to the email entered when completing the required fields.
    • Go to your email account and locate the registration email and click on the registration link to complete your account creation.
    • If copying the registration link please ensure you copy and paste the entire link into your internet browser.
  • To complete the account verification, log into your account when prompted by entering your username and password.
  • Click Register to finalise and activate your account.

Once your details have been entered and registered, you will not be required to register your details again. You can amend your details at anytime by logging into your account.

If you experience any issues with the account creation process please contact our department on 61 8 6551 4999.

If you have created a new account rather than using the licensee’s existing account, save your progress and do not proceed any further. Please contact the department on 61 8 6551 4999 so that an officer can arrange for your newly created Client Reference number to be linked to your existing Client Reference number and licence. Alternatively, please send an email to rgl@dlgsc.wa.gov.au and quote the newly created Client Reference number.

Creating a new application

Once your account has full access to your liquor licence details you will be able to start a new One-off Add, Vary or Cancel Application.

  1. Click New Lodgement.
  2. Select Liquor and One-off Extended Trading Permit
  3. Click Submit.

To complete this form you must fill in all the required fields and then click on Submit to lodge it.

Please note that the application is not considered fully submitted until payment has been made.

Your account automatically times out after 30 minutes. To avoid losing information please make sure to Save regularly. If you are logged out of your account when you click Submit please log back into your account. Your Saved Application can be found on the My Account page. Click Resume and then click Submit to complete the submissions.

This application is not deemed lodged until payment has been made.

Making changes to One-off Add, Vary approvals

Due to the high number of applications lodged it is unlikely we will be able to amend approvals unless special circumstances apply. Therefore, please ensure all details for your application are correct at the time of lodgement to ensure the approval, if granted, contains the correct details for your event.

Assistance

If you are having difficulty creating/accessing your account or lodging your application please contact the department 61 8 6551 4999.

Disclaimer

This information is designed to provide 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.

Page reviewed 29 July 2019