Up until now, applicants have been able to apply to the Director
of Liquor Licensing (WA) (Director) for an
extended trading permit (ETP) (ongoing hours) or
an ETP (for restaurants to sell or supply liquor without a meal)
when lodging an application for the grant or removal of a liquor
licence. The effect of a new policy issued by the Director now
means that applicants no longer have this flexibility as an
application for these types of ETPs may now only be lodged after
the grant of the licence or approval of the removal of licence
application has occurred. Applications for these ETPs therefore
need to be made and lodged by applicants as separate
Whilst the policy is not specific as to timing, it may
reasonably be expected that an application for an ETP covered by
the policy could be lodged shortly after the grant of the licence
or approval of the removal of the licence application, as the
policy appears geared toward ensuring that both applications are
simply determined independently of one another.
Why has this policy been introduced?
The Director considered that there was a need to change the
application process to protect future applicants after having felt
compelled to reject a recent application for the grant of a licence
with an ETP (ongoing hours). When determining this recent
application, the Director was willing to grant the licence,
however, was not willing to grant the ETP on the basis that the
applicant had not provided sufficient evidence to demonstrate that
the grant of the ETP was in the public interest as required under
the Liquor Control Act 1988 (WA) (Act).
As the ETP application was lodged at the same time as the licence
application, the Director felt obliged to consider the applications
as essentially one application and therefore, felt obliged to also
reject the licence application. By introducing the new policy the
Director expects this will prevent this situation reoccurring.
How will the policy affect applicants?
Although the introduction of the new policy may reduce the
likelihood of a licence application being rejected if the
associated ETP application is rejected, this new policy will place
an additional burden and inconvenience on applicants seeking ETPs
covered by the policy by creating a more costly and time consuming
process for applicants as they will now be required to submit a
separate application for the ETP comprising separate public
interest assessment submissions and all other associated
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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