Sunday Extended Trading Permits 

Currently the Liquor Control Act 1988 (WA) does not authorise non-metropolitan liquor stores to trade on a Sunday, as a result, many country communities have to travel long distances in order to obtain packaged liquor. Currently the Perth metropolitan area extends from Two Rocks (just north of Yanchep) to Singleton (just south of Rockingham) to the The Lakes (just east of Mundaring).

A licensee can, however, obtain an extended trading permit authorising them to sell and supply liquor in circumstances that the liquor licence would not otherwise permit. An extended trading permit for ongoing hours will enable non-metropolitan liquor stores to trade on Sundays between 10.00am and 10.00pm. Such permits can be granted for up five years at a time.

Of the approximately 217 active liquor stores in regional Western Australia, only 58 have current extended trading permits allowing them to operate on Sundays.

In 2014, the Independent Committee reviewing the Act found that there is no justification to continue with the distinction between metropolitan and regional areas and recommended that the Act be amended to allow all liquor stores throughout Western Australia to trade on Sundays between 10.00am and 10.00pm.

Interestingly, the Minister for Racing, Gaming and Liquor has only partly supported the recommendation, indicating that only liquor stores in “major regional centres” will be afforded the opportunity to trade on Sundays without having to obtain an extended trading permit. Whilst no clear guidance has been provided, it is likely that these major regional centres will include Busselton, Bunbury, Kalgoorlie-Boulder, Margaret River, Karratha and Broome.

In his response, the Minister considered that any change to the current trading hours for non-metropolitan liquor stores was not a priority. Given that the Independent Committee was established in 2012, their Report published in January 2014 and the Minister’s response released in November 2014, any amendments to the Act are unlikely to occur any time soon, especially as this needs to be passed by Parliament.

As it stands, all non-metropolitan liquor stores must continue to apply for extended trading permits if they wish to trade on Sundays and demonstrate that the grant of the permit is in the public interest.

An extended trading permit will require a public interest assessment and can take several months for the approval process. Therefore, do not leave it until the extended trading permit runs out, prepare your application earlier and don’t just assume it will be renewed. We have recently seen several new licence refusals in regional areas therefore, you should ensure a comprehensive application is prepared to give you the best chance for approval.

If you have any queries regarding extended trading permits or public interest assessment submissions, please contact Jarrod Ryan (jarrod@ryandurey.com) or Alyce Cassettai (alyce@ryandurey.com).