New Public Interest Assessment and Extended Trading Permit Policies

PIA Policy

In recent Snapshots we have addressed the attitude of the licensing authority to the grant of new applications and questioned whether a new approach was being applied to the determination of applications.

The concerns raised have materialised as reflected in the very recent changes to the licensing authority’s Public Interest Assessment policy (PIA policy).  The PIA policy was amended on 28 July 2010.  The licensing authority has stated it has changed the policy following precedent Liquor Commission decisions (which are not identified in the policy) requiring an application to be supported by objective evidence showing:

  1. there is a need for the licence; and

  2. how the licence will positively benefit the community.

The revised PIA policy further states that ‘Applicants should ensure that they provide sufficient supporting evidence that is objective, accurate and relevant to their application.’  The PIA policy does not specify what kind of evidence will be considered objective, accurate or relevant.

ETP Policy

Licensees need to be aware the Extended Trading Permit policy (ETP policy) has also been amended.

In previous years, licensees had until 30 November to lodge applications for ETPs for the long weekends in the following year.  The deadline for next year's long weekend ETP applications is now 31 October 2010.

In addition to bringing forward the deadline, the licensing authority has amended some of the trading conditions in relation to long weekend ETPs.  The ‘4 drinks per person’ limit has been removed, the container size is now restricted to 750ml except for vessels containing premixed drinks which shall not exceed 375ml and no liquor is to be supplied with energy drinks while licensees operate pursuant to a long weekend ETP.

If you have any queries about the new PIA or ETP policy, please do not hesitate to contact Dan Mossenson, Partner, on (08) 9288 6769 / or Alec Weston, Solicitor, on (08) 9288 6873 / or Cinzia Donald, Associate, on (08) 9288 6755 /

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.