Extended Christmas trade and your lease
In Western Australia, retail trading hours are regulated and your ability to trade depends on the type of business you operate.
If you are classified as a general retail shop in the Perth metropolitan region, you’ll be able to open for extended Christmas trading hours from the first Saturday in December. Regional businesses should check with their local government to determine whether extended trading hours apply in their area.
When it comes to your retail lease and the operating expenses you incur, these are usually charged based on the standard trading hours set out by the Commercial Tenancy (Retail Shops) Agreement Act 1985.
Standard WA trading hours are:
- 8am to 6pm on Monday, Tuesday, Wednesday and Friday
- 8am to 9pm on Thursday
- 8am to 5pm on Saturday
If your shop is closed for a period during standard trading hours (for example from 8am to 11am) then you may still be charged for the operating expenses during the time you were closed.
If you do decide to take advantage of the extra trading hours approved by the State Government for the Christmas period, you may be required to contribute to the expenses incurred by your landlord during those times (for example if you decided to stay open from 6pm to 9pm on Mondays). This can commonly include costs for security personnel and electricity.
The Department of Mines, Industry Regulation and Safety has produced an information sheet which outlines how these expenses are allocated during non-standard trading hours.
If you decide not to stay open for the extended Christmas trading hours, then you can’t be charged for operating expenses incurred during these hours.
It’s also important to note that your landlord or managing agent can’t specify the times your business should be open, regardless of whether it’s during or outside of the standard trading hours.
Contact our free business advisory service to speak to one of our commercial tenancy specialists or see the leasing business premises section of our website which has a range of leasing information, including finding the right premises to lease, understanding commercial leases and negotiating a lease.