Article by Eagul Faigen and Nathalie Rassool
Up until now, applicants have been able to apply to the Director of Liquor Licensing (WA) (Director) for an extended trading permit (ETP) (ongoing hours) or an ETP (for restaurants to sell or supply liquor without a meal) when lodging an application for the grant or removal of a liquor licence. The effect of a new policy issued by the Director now means that applicants no longer have this flexibility as an application for these types of ETPs may now only be lodged after the grant of the licence or approval of the removal of licence application has occurred. Applications for these ETPs therefore need to be made and lodged by applicants as separate applications.
Whilst the policy is not specific as to timing, it may reasonably be expected that an application for an ETP covered by the policy could be lodged shortly after the grant of the licence or approval of the removal of the licence application, as the policy appears geared toward ensuring that both applications are simply determined independently of one another.
Why has this policy been introduced?
The Director considered that there was a need to change the application process to protect future applicants after having felt compelled to reject a recent application for the grant of a licence with an ETP (ongoing hours). When determining this recent application, the Director was willing to grant the licence, however, was not willing to grant the ETP on the basis that the applicant had not provided sufficient evidence to demonstrate that the grant of the ETP was in the public interest as required under the Liquor Control Act 1988 (WA) (Act). As the ETP application was lodged at the same time as the licence application, the Director felt obliged to consider the applications as essentially one application and therefore, felt obliged to also reject the licence application. By introducing the new policy the Director expects this will prevent this situation reoccurring.
How will the policy affect applicants?
Although the introduction of the new policy may reduce the likelihood of a licence application being rejected if the associated ETP application is rejected, this new policy will place an additional burden and inconvenience on applicants seeking ETPs covered by the policy by creating a more costly and time consuming process for applicants as they will now be required to submit a separate application for the ETP comprising separate public interest assessment submissions and all other associated application documents.
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