Western Australian Consolidated Acts Western Australian Consolidated Acts (1) An extended
trading permit authorises the licensee of the licence to which it relates,
subject to —
(a) this
Act;
(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) An extended
trading permit is subject to the conditions that —
(a) the
licensee to whom it is issued will 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) a
person nominated by the licensee and approved by the Director attends 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) or (g) 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 on such days other than a
Good Friday and between such hours on those days as may be specified, as a
caterer on specified premises, 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 a Sunday, 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
constitution and rules of the association, if that constitution or those rules
were required to be approved by the Director, 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
5 years, specified; or
(h) an
extended area, authorising the licensee to sell liquor on such days other than
a Good Friday and between such hours on those days as may be specified, under
the licence but on specified premises or in a specified area that would not
otherwise be authorised, which remains in force for the period 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
member of the Police Force; 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 he or she 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;
(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 by No. 12 of 1998
s. 40 and 97(2); No. 73 of 2006 s. 43, 107 and 108.]