LIQUOR CONTROL ACT 1988 - SECT 60

LIQUOR CONTROL ACT 1988 - SECT 60

60 .         Extended trading permit, purposes, effect and conditions of

        (1)         An extended trading permit authorises the licensee of the licence to which it relates, subject to —

            (a)         this Act; and

            (b)         any other written law; and

            (c)         its conditions, which shall take effect as conditions of that licence,

                to sell and supply liquor under that licence according to the tenor of the permit, upon such terms as are specified at the discretion of the Director in the permit at times, in circumstances, or in a place, to which that licence would not otherwise apply.

        (2)         The place or any premises to which an extended trading permit applies shall, where the permit so provides, during any period when the permit has effect be deemed to be licensed premises forming part of the premises licensed under the licence to which the permit relates and, unless the permit or this section otherwise provides, the permit has effect whilst the licence to which it relates remains in force.

        (3)         Unless otherwise provided in this Division, an extended trading permit is subject to the conditions that —

            (a)         the licensee to whom it is issued must not participate in any arrangement whereby the benefit arising from the holding of the permit accrues to any other person, unless subsection (8) applies; and

            (b)         an approved unrestricted manager or an approved restricted manager must attend at the premises specified when liquor is sold under the permit, unless the permit is issued in relation to a casino liquor licence.

        (3a)         In addition to the conditions imposed by subsection (3), an extended trading permit issued for the purposes of subsection (4)(ca), (g) or (h) is, unless the Director otherwise determines, subject to any condition prescribed for the purposes of this subsection.

        (4)         The purposes for which an extended trading permit may be issued are —

            (a)         catering, authorising the licensee to sell liquor as a caterer on such days other than a Good Friday and between such hours on those days as may be specified, which remains in force for the period specified; or

            (b)         a dining area in premises to which a hotel licence, nightclub licence or producer’s licence applies, authorising the licensee to sell liquor, other than on a Good Friday, at any time unless otherwise specified —

                  (i)         in a specified dining area on the licensed premises; and

                  (ii)         where the permit so provides, in a specified reception area on or adjacent to the licensed premises,

                for consumption there ancillary to a meal supplied in the dining area by the licensee, which remains in force for the period during which the licence is current unless otherwise specified, but is subject to the condition that the Director remains satisfied that the requirements referred to in section 52(2) are met; or

            (c)         a restaurant comprised within guest accommodation, authorising the licensee of a restaurant licence to sell, at any time, liquor to a lodger under section 50(2), which remains in force for the period during which the licence is current unless otherwise specified, but is subject to the condition that the Director remains satisfied that the predominant purpose of the premises within which the restaurant is comprised is the provision of guest accommodation for the travelling public; or

            (ca)         a restaurant, authorising the licensee of a restaurant to sell liquor for consumption on the premises, whether or not ancillary to a meal, during hours which are permitted hours under a hotel licence; or

            (cb)         authorising the licensee of a club licence to sell liquor, despite section 48(2), to persons other than members, or guests of members, of the club —

                  (i)         on a specified special occasion or specified special occasions; or

                  (ii)         on a day on which a specified function is, or on days on which specified functions are, held on, or on a specified part of, the licensed premises;

                or

            (d)         late delivery, authorising the licensee of a liquor store licence to deliver or supply, off the premises, after the end of permitted hours on any day but before 12 midnight, liquor sold or agreed to be sold during permitted hours but not then delivered or supplied, which remains in force for the period during which the licence is current unless otherwise specified; or

            (e)         an association’s permit, authorising the licensee of a club licence (other than a club restricted licence) or of a special facility licence to sell liquor on such days other than Christmas Day or Good Friday and between such hours or in such circumstances on those days as may be specified, for consumption on a specified part of the licensed premises to a person who is a member, or the guest of a member, of an association of persons attending a venue together by reason of a common interest, which remains in force for the period specified, but is subject to the conditions that —

                  (i)         the authority to sell liquor for consumption by the guests of a member of the association, otherwise than ancillary to a meal, extends in relation to each such member on any day only to not more than 5 persons introduced as guests by that member on that day; and

                  (ii)         the licensee takes such measures as will ensure that the rules of the association are observed;

                or

            (f)         a function, authorising the licensee to sell liquor between specified hours on a day other than a Good Friday being a specified special occasion or a day on which a specified function is held on, or on a specified part of, the licensed premises (and where the permit so provides notwithstanding that no meal is supplied in the restaurant, or entertainment is provided in the nightclub, which is the subject of the licence to which the permit relates); or

            (g)         extended hours, authorising the licensee to sell liquor under the licence at specified hours that would not otherwise be permitted hours, on such days other than a Good Friday as may be specified, or in relation to such occasion as may be specified, which remains in force for the period, not exceeding 10 years, specified; or

            (h)         an extended area, authorising the licensee to sell liquor under the licence on specified premises or in a specified area that would not otherwise be authorised, on such days and between such hours on those days as may be specified, which remains in force for the period specified; or

            (ia)         authorising the licensee of a producer’s licence to sell liquor under the licence on specified premises on which the licensee would not otherwise be authorised to sell the liquor,for the period during which the licence is current unless otherwise specified; or

                  (i)         any other prescribed purpose.

        [(5)         deleted]

        (6)         The licensing authority may, on the application of the licensee or, after giving the licensee a reasonable opportunity of making submissions or of being heard, on its own motion or on the application of —

            (a)         a police officer; or

            (b)         except in the case of an extended trading permit that relates to a casino liquor licence, a person who satisfies the Director that the person would have been entitled to make an objection in respect of the licence had an application for the grant of that licence been made at the time of the issue of the permit,

                from time to time vary the terms or conditions of a permit in any manner not inconsistent with this Act.

        (7)         Without limiting subsection (8a), where a licence is removed, or licensed premises are altered, an extended trading permit relating to the licence may be varied or cancelled, at the discretion of the licensing authority.

        (8)         Where a licence to which an extended trading permit relates is, or would otherwise become, subject to a condition of the kind referred to in subsection (3)(a) the Director may approve an arrangement under which the licensee is to pay to any person —

            (a)         a proportion of the gross receipts obtained by the licensee from the sale of liquor under the extended trading permit; or

            (b)         a proportion of an inclusive charge paid to the licensee or some other person in respect of the sale of liquor with some other service; or

            (c)         such amount, upon such basis, as the Director may approve.

        (8a)         The licensing authority may cancel an extended trading permit at any time if satisfied that the permit is no longer appropriate.

        (9)         In this section, specified means specified in the extended trading permit.

        [Section 60 amended: No. 12 of 1998 s. 40 and 97(2); No. 73 of 2006 s. 43, 107 and 108; No. 56 of 2010 s. 13; No. 35 of 2015 s. 8; No. 9 of 2018 s. 32; No. 25 of 2023 s. 21.]