In WA, food businesses such as restaurants and cafes can apply for a Restaurant licence that will permit the sale and supply of liquor to customers for consumption on the premises. The licence is designed to ensure that the primary focus of the venue remains the provision of food, with alcohol being an ancillary service.
Applying for a Restaurant Licence is not as onerous as an application for a Tavern licence, as it is seen as a “low” risk licensed venue however, it does come with specific restrictive trading conditions to preserve the tenure of the licence.
Main Features of a Restaurant Licence
- Alcohol must accompany a “meal”
- Consumption on premises only when seated at a table or similar
- Provision of seating & dining requirements
What is defined as a meal?
A meal is defined as food that:
- Is of sufficient substance to be ordinarily accepted as a meal. This means that an order of a light snack or appetizers does not meet this requirement; it must be substantial enough to be considered a full meal.
- Is eaten with cutlery. The expectation is that the meal would require the use of utensils like a knife and fork, rather than being consumed with hands, which further distinguishes it from finger foods, light snacks, or bar-type nibbles.
Extended Trading Permit (Liquor Without a Meal)
Licensed restaurants can apply for a particular type of Extended Trading Permit (ETP), which is called Liquor Without A Meal, which will allow the business to serve alcohol without the requirement for a meal.
This type of ETP allows greater flexibility, enabling the restaurant to serve alcohol to seated patrons without having to order a meal during specified hours.
The Benefits of an Extended Trading Permit – Liquor Without a Meal
- Enhanced Flexibility for Customers
One of the most significant benefits of this type of ETP is the flexibility it offers your patrons. This permit allows customers to visit your business and enjoy alcoholic beverages without the need to order a meal, giving them the freedom to socialise and relax in a comfortable, seated environment. This is particularly appealing to customers who may be looking for a more casual experience, such as after-work drinks, meeting up with friends, or simply unwinding without a formal meal.
It will also give patrons more flexibility in the type of functions they can book at your venue..
- Increased Revenue During Off-Peak Hours
Many restaurants face slow periods outside of traditional mealtimes, such as late afternoons or post-dinner service. With the ETP, you can attract customers during these quieter times by offering them the option to enjoy a drink without having to order a meal. This can help you generate additional income during periods when your restaurant might otherwise be under-utilised and offer food such as sharing plates and light snacks for your customers to enjoy.
Examples of opportunities include:
- Afternoon drinks: Cater to those looking for a relaxed drink between lunch and dinner.
- Pre-event socialising: Attract customers who want to enjoy a drink before heading to an evening event.
- Late-night gatherings: Keep your venue open for customers looking to continue socialising after their meal.
- Appeal to a Broader Audience
Offering liquor services without a meal allows your restaurant to attract a wider range of customers who may not want a full dining experience but still appreciate a well-curated drink menu. This broader appeal helps you compete with bars and pubs by offering a more refined, seated setting where patrons can enjoy drinks while maintaining the restaurant’s core identity.
- Foster a More Social Atmosphere
The flexibility of serving alcohol without the need for a meal can enhance your restaurant’s social atmosphere, encouraging more casual catchups and gatherings. Whether it’s a group of friends catching up or colleagues winding down after work, your food business can become a hub for social interaction, making it a popular spot for drinks and conversation without the formality of a having to order a meal.
- Compete with Small Bars & Other Licensed Venues in Your Area
With this form of ETP, your restaurant can compete more effectively with small bars and lounges. Patrons who prefer a quieter, more intimate environment may choose your venue over busier, noisier bars.. By offering a seated, table-service experience, you can cater to customers looking for a more relaxed way to enjoy alcohol, positioning your restaurant as an appealing alternative to traditional drinking spots in your local community.
- Efficient Use of Space
This permit allows you to make better use of your food business’s space throughout the day. Instead of only having high occupancy during lunch and dinner services, you can attract patrons during off-peak hours by offering drinks without food. This helps maximise your space and rostered staff space, ensuring your venue is generating revenue consistently, even outside traditional mealtimes.
Key Permit Conditions
While the Liquor Without a Meal Permit offers numerous benefits, it comes with specific conditions that ensure your business remains focused on its primary purpose i.e. serving food.
These conditions include:
- Seated Service: Alcohol must only be served to patrons who are seated at a table or similar seating arrangement. This prevents your venue from becoming a bar or pub and helps maintain the restaurant’s core identity.
- Cutlery on Tables: Cutlery must be provided on tables to reinforce that the venue’s primary function is as a restaurant, ensuring that the focus on food service is preserved even when alcohol is served without a meal.
- Restricted Trading Hours: Alcohol can only be served during the following hours, though conditions can be placed on the ETP restricting these hours further:
- Monday – Saturday from 6am to 12 midnight
- On Sundays from 10am to 12 midnight
NB: Public holiday trading hours will differ from the above.
- Capacity Limits: There are 2 different options for this type of permit that relate to the maximum number of patrons allowed on the premises while alcohol is being served without a meal.
Without lodging a PIA, patron numbers will be capped at 120 pax. If your venue has the capacity for patron numbers in excess of 120 pax, a PIA will be required as part of your ETP application and the process will be more involved and take a little longer.
Need Help Deciding Whether a Restaurant Licence and ETP suits your business?
Navigating the liquor licensing application process and deciding which class of licence best suits your proposed operations can be daunting and is extremely important to the future success of your business.
A restaurant licence and ETP will suit many small food businesses but not all, especially if you are wanting to offer a variety of function styles including cocktail /stand-up events.
That’s why it’s essential to collaborate with legal experts who specialise in liquor licensing and can take the time to listen to what your proposed business model is and help you decide what class of licence best suits you.
Fraser & Associates Lawyers offer expert guidance in preparing your liquor licence application and ETP applications, ensuring that your submission is comprehensive, compliant, and positioned for success. Contact their team today to enhance your businesses services and unlock new business opportunities.