Extended trading permits

Wednesday 31 October 2012 is an important date that many licensees need to mark in their calendars.  The last day of next month is the final date that the Department of Racing, Gaming and Liquor (Department) will accept extended trading permit (ETP) applications for Sundays falling on long weekends in 2013.

Contrast this prolonged notice period with ETP applications, which don’t fall on a long weekend Sunday in 2013.  Other ETP applications are only required to be lodged with the Department 14 days before the ETP is set to take effect.

Extended trading on Sundays of long weekends has historically been busy and productive for many licensees.  Consequently it is important for licensees who wish to take advantage to ensure they have their long weekend ETP’s lodged on time.

The following dates are the Sundays that fall on long weekends in 2013:

  • Sunday 27 January 2013                   Australia Day

  • Sunday 3 March 2013                        Labour Day

  • Sunday 31 March 2013                      Easter

  • Sunday 2 June 2013                          WA Day

  • Sunday 29 September 2013             Queen’s Birthday

Licensees of nightclubs, hotels, taverns, small bars and some special facility licences are required to lodge, as part of these ETP applications, the following:

  • a public interest assessment outlining why it is in the public interest to grant the extended trading hours; and

  • what strategies the licensee will have in place to minimise harm.

Public interest assessments are complex and time consuming to prepare.  A comprehensive public interest assessment will also cover a multitude of other issues in addition to the above, including but not limited to:

  • whether or not persons living or working in the vicinity of the premises are likely to be disturbed;

  • the type of entertainment the licensee will provide; and

  • whether or not food will be available.

Any permit granted will be subject to strict conditions during the additional hours of trade, such as:

  • prohibiting the service of liquor with energy drinks;

  • imposition of a lock out 30 minutes prior to closing;

  • requiring licensed crowd controllers to be employed for the duration of the extended hours; and

  • banning packaged liquor sales.

Disclaimer – the information contained in this publication does not constitute legal advice and should not be relied upon as such. You should seek legal advice in relation to any particular matter you may have before relying or acting on this information. The Lavan team are here to assist.