Policy
Consumption of liquor without a meal in outdoor eating areas
Reference Number:
SG44
Type:
Strategic
Legislation:
Liquor Control Act 1988
Health Act 1911
Local Government Act 1995
City of Fremantle Local Laws Relating to Outdoor Eating
Areas
Procedure:
NA
Delegation:
Council
Other related document:
NA
Objective
To outline the procedure that the City of Fremantle will follow in assessing applications
submitted by outdoor eating area licensees to vary the conditions of an Alfresco Extended
Trading Permit (ETP) to allow the consumption of liquor without a meal in the licensed
alfresco area.
(Note: Licensees seeking to vary the conditions of their alfresco extended trading permit to
allow the consumption of liquor without a meal in a licensed alfresco area must submit an
application and pay the necessary fees to the Department of Racing, Gaming and Liquor.)
Policy
In this policy an Outdoor Eating Area is defined as a part of a thoroughfare or public place
in which tables, chairs and other structures are provided for the purpose of the supply of
food or drink to the public or the consumption of food or drink by the public.
It is the policy of the City of Fremantle that an application submitted by an Outdoor Eating
Area licensee to vary the conditions of an Alfresco Extended Trading Permit (ETP) to allow
the consumption of liquor without a meal in the licensed alfresco area shall be assessed
within the framework of the following decision matrix:
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Decision matrix
Description
1. Does the applicant possess an outdoor
eating area licence from the City of
Fremantle?
2. Does the applicant possess an alfresco
extended trading permit from the
Department of Racing, Gaming and
Liquor to allow consumption of liquor
ancillary to a meal in the outdoor
eating area?
3. Has the applicant submitted an
application to the Department of
Racing, Gaming and Liquor to vary the
conditions of an alfresco extended
trading permit to allow the consumption
of liquor without a meal in the alfresco
area?
Comments
If yes, proceed to question 2.
4. Has the applicant demonstrated that
the consumption of liquor without a
meal in the licensed alfresco area is in
the public interest?
5. Has the applicant demonstrated a
history of responsible service of
alcohol?
6. Has the applicant demonstrated a
history of management practices
designed to reduce the potential for
alcohol related harm in the community?
7. If the answer to question 1, 2, 3, 4, 5, 6
& 7 is ‘Yes’ in all cases then the City of
Fremantle may support the application
to vary the conditions of the alfresco
extended trading permit to allow
consumption of liquor without a meal in
the alfresco area subject to conditions.
If yes, proceed to question 5.
If yes, proceed to question 3.
If yes, proceed to question 4.
If yes, proceed to question 6.
If yes, proceed to question 7.
If the answer to question 1, 2, 3, 4, 5, 6 or
7 is ‘No’ the City of Fremantle shall not
support the application.
Should the City of Fremantle decide to support the application to vary the conditions of the
alfresco extended trading permit to allow consumption of liquor without a meal in the
alfresco area, the following shall occur:
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
The City of Fremantle shall request the Department of Racing, Gaming and Liquor
impose the following conditions on the alfresco extended trading permit in respect
to the provision of liquor without a meal in the licensed alfresco area:
Conditions of approval
i) Liquor may only be consumed by patrons while seated at a table;
ii) The sale and supply of liquor to patrons is restricted to table service;
iii) The kitchen must be open and operating at all times liquor is available and the
regular full menu must be available at all times.
iv) The maximum permitted trading hours are:

Monday to Saturday, 6am to midnight

Sunday 10am to 10pm

No trading is authorised on Christmas Day, Good Friday or before noon on
Anzac Day.
Other conditions as may be necessary and appropriate in an individual case can be
considered.
Responsible directorate:
Planning and development services
Reviewing officer:
Manager health building and compliance
Decision making authority:
Council
Council item number:
Policy adopted:
25 March 2009
SGS0903-6
Policy amended:
Next review date:
2012
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