Extended trading permits: purposes, effect and conditions
60 Extended trading permits: purposes, effect and conditions
An extended trading permit authorises the licensee of the licence to which it relates, subject to —
this Act; and
any other written law; and
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.
An extended trading permit has effect while the licence to which it relates remains in force, except as otherwise —
provided by this section; or
specified in the permit.
If an extended trading permit so provides, the place to which it applies is, or the premises to which it applies are, taken, while the permit has effect, to be a part of the licensed premises of the licence to which the permit relates.
Unless otherwise provided in this Division, an extended trading permit is subject to the conditions that —
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
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.
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.
The purposes for which an extended trading permit may be issued are —
catering, authorising the licensee to sell liquor as a caterer during specified hours on specified days; or
a dining area in premises to which a hotel licence, nightclub licence or producer’s licence applies, authorising the licensee to sell liquor at any time unless otherwise specified —
in a specified dining area on the licensed premises; and
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 is subject to the condition that the Director remains satisfied that the requirements referred to in section 52(2) are met; or
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 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
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
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 —
on a specified special occasion or specified special occasions; or
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
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
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, during specified hours, or in specified circumstances, on specified days, 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 is subject to the conditions that —
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
the licensee takes such measures as will ensure that the rules of the association are observed;
or
a function, authorising the licensee to sell liquor between specified hours on 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 even if 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
extended hours, authorising the licensee to sell liquor under the licence during specified hours (that would not otherwise be permitted hours) —
on specified days; or
on a specified occasion;
or
an extended area, authorising the licensee to sell liquor under the licence, during specified hours on specified days —
on specified premises that would not otherwise be authorised; or
in a specified area that would not otherwise be authorised;
or
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
any other prescribed purpose.
[(5) deleted]
The Director may, on the application of the licensee or, after giving the licensee a reasonable opportunity of making submissions or of being heard, on the Director’s own initiative or on the application of —
a police officer; or
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.
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 Director.
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 proportion of the gross receipts obtained by the licensee from the sale of liquor under the extended trading permit; or
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
such amount, upon such basis, as the Director may approve.
The Director may cancel an extended trading permit at any time if satisfied that the permit is no longer appropriate.
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; No. 20 of 2025 s. 13, 67, 124(1) and 125.]
This provision refers to the regulations (prescribed purpose
). Made under this Act:
- Liquor Control (Bayulu Restricted Area) Regulations 2013
- Liquor Control (Bungardi Restricted Area) Regulations 2017
- Liquor Control (Cheeditha Restricted Area) Regulations 2012
28 more instruments made under this Act are listed on the Act’s overview.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.