LIQUOR CONTROL REFORM ACT 1998

Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [Help]

LIQUOR CONTROL REFORM ACT 1998

TABLE OF PROVISIONS

PART 1--PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. What is amenity?
3AA. Evidence constituting detraction from or detriment to amenity of area
3AB. What is intoxication?
3AC. Who is an associate?
3B. Where supply occurs if off-premises request made
4. Objects
6. Act not to apply in certain cases
6A. Exemption from Act—bed and breakfast businesses
6B. Exemption from Act—florist or giftmaker
6C. Exemption from Act—hairdressers
6D. Exemption from Act—butchers
6E. Exemption from Act—hospitals
6F. Exemption from Act—residential care services
6G. Exemption from Act—retirement villages
6H. Exemption from Act—cruise ships

PART 2--LICENCES AND BYO PERMITS

Division 1--Categories of licences and permits

7. What are the categories of licences and permits that may be issued under this Act?
8. General licence
9. On-premises licence
9A. Restaurant and cafe licence
10. Club licence
11. Packaged liquor licence
11A. Late night licence
11B. Remote seller's packaged liquor licence
12. Pre-retail licence
13. Producer's licence
14. Limited licence
14A. Major event licence
14B. Determination of major event
15. BYO permit
15A. ANZAC Day restrictions
15B. Exemptions from ANZAC Day restrictions—Duty free shops and aircraft
15C. Exemptions from ANZAC Day restrictions—Residents and guests
15D. Exemptions from ANZAC Day restrictions—Wineries
15E. Sexually explicit entertainment licence condition—fees
16. Licence and permit condition—compliance with planning scheme
17. Licence condition—extended hours
18. Licence and permit condition—approval of directors
18B. Licence condition—security cameras
18C. Licence conditions—supply of liquor if off-premises request made
18D. Minister may specify additional conditions in relation to supply of packaged liquor

Division 2--Additional authority of licences

19. 30-minute period for consumption of liquor after hours
20. Gratuitous supply of liquor
21. Bringing of liquor onto licensed premises
21A. Taking away of unconsumed liquor from licensed premises
21B. Supply of packaged liquor during state of emergency or when pandemic declaration is in force

Division 3--Restrictions on grant of licences and BYO permits

22. Certain premises not to be licensed
24. Further restriction on grant of packaged liquor and late night (packaged liquor) licences
25. Restrictions on grant of club licences
26. Restriction on grant of limited licence
26A. Restriction on grant of major event licence
26B. Restriction on the grant of certain licences—approved responsible service of alcohol programs
26C. Approval of responsible service of alcohol programs

Division 4--Applications for grant, variation, transfer and relocation of licences and BYO permits

27AA. Definitions
27. Who can apply for a licence or BYO permit?
28. Form of application
29. Application for variation of licence or BYO permit
30. Procedure on application for variation by Chief Commissioner or licensing inspector
31. Application for relocation of licence or BYO permit
32. Application for transfer of licence or BYO permit
33. Copy of application to be given to police and local council
34. Public display of licence application
35. Advertisement of licence application
36. Notification of particular persons
37. Guidelines

Division 5--Objections

38. Objection on ground of amenity or harm
39. Objection by Chief Commissioner
40. Objection by local council
41. Objection to licence by licensing inspector
42. Commission may refuse to accept objection
43. Withdrawal of objection

Division 6--Determination of applications

44. Determination of uncontested applications
47. Determination of contested application
48. Commission may permit amendments and disregard errors
49. Licence and BYO permit conditions
49A. Grant, variation or relocation of licence and BYO permit takes effect in certain circumstances
49B. Supply of liquor under licence or BYO permit that is not in effect
50. Period of licence or BYO permit
50A. Notice of right to use premises as licensed premises
50B. Time transfer of licence or BYO permit takes effect
50C. Notice of right to occupy
51. Form of licence or BYO permit and endorsements
52. Copy of licence or BYO permit
53. Liability of joint and incorporated licensees or permittees and unincorporated clubs
53A. Criminal liability of officers of bodies corporate—accessorial liability
53B. Criminal liability of officers of bodies corporate—failure to exercise due diligence
53C. Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
54. Nominee of licensee or permittee
55. Transfer of club licence to incorporated association
56. Concurrent dealing with transfer and relocation
57. Effect of transfer or relocation

Division 7--Variation of licence or BYO permit by Commission

58. Variation of licence or BYO permit at initiative of Commission
58A. Correcting mistakes
58AB. Variation of licence or BYO permit during state of emergency or when pandemic declaration is in force

Division 7A--Late hour entry declarations

58B. Commission may make late hour entry declarations
58C. Making a late hour entry declaration
58CA. Temporary late hour entry declaration
58D. Commission may revoke or vary a late hour entry declaration

Division 8--Renewal of licences and BYO permits

59. Licence to be renewed within 3 months
60. Licence renewal after 3 months
61. Notice of failure to renew licence or BYO permit
62. Power to owner and others to renew licence

Division 8A--Cancellation of licence or BYO permit at request of owner or mortgagee

62A. Application for cancellation of a licence or BYO permit by owner or mortgagee
62B. Licensee or permittee must be notified of application for cancellation
62C. Licensee or permittee may object to cancellation of licence or BYO permit
62D. Decision to cancel licence or BYO permit

Division 9--Surrender and lapse of licence or BYO permit

63. Surrender of licence or BYO permit
64. Release of licensee or permittee
65. Partner leaving partnership
66. Licence or permit lapses if not endorsed

Division 10--Provision of information

66AA. Definitions
66AB. Specification of certain licences
66AC. Specification of certain licences as small business licences
66AD. Requirement to provide wholesale information
66A. Information in relation to fees

PART 3--SPECIAL PROCEDURES FOR CERTAIN LICENCES

Division 1--Club licences for amalgamated clubs

67. Application by amalgamated club for a club licence
68. Objection to grant of licence to amalgamated club
69. Grant of licence to amalgamated club
70. Division does not affect Division 4 of Part 2

Division 2--Casino premises

71. Definitions
72. Application of Division
73. Requirements for an application to which this Division applies
74. Grant of application

Division 3--Australian Grand Prix

75. Definitions
76. Application of Division
77. Requirements for an application to which this Division applies
78. Objection by Chief Commissioner
79. Grant of application

PART 4--AUTHORISATION OF OTHERS TO CARRY ON LICENSED BUSINESS

80. Application by executors, trustees and administrators for endorsement on licence or BYO permit
81. Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit
82. Application procedure
83. Objection by Chief Commissioner
84. Grant of application
85. Endorsement at initiative of Commission
86. Effect of endorsement

PART 4A--DEMERITS REGISTER

86AA. Definitions
86A. Demerits Register
86B. Commission to record demerit points
86C. Record of day on which offence was committed
86D. Commission must notify licensee or permittee when demerit point is incurred
86E. Automatic suspension of licence or permit if certain number of demerit points incurred
86F. Date of commencement of suspension
86G. Notice of suspension
86H. Minister may suspend, cancel or delay a suspension
86HA. Demerit points automatically removed on transfer of licence or permit
86I. Commission may remove demerit points of transferee who has relevant relationship
86IA. Reinstatement of removed demerit points in the Register
86IB. Notice of proposed reinstatement of demerit points and determination
86J. Demerit point automatically deducted after 3 years
86K. Commission may publish details of licences and permits

PART 6--INQUIRIES AND DISCIPLINARY PROVISIONS

Division 1--Disciplinary action against licensee or permittee

90. Definitions
91. Inquiry into whether there are grounds to take disciplinary action
92. Licensee or permittee to be given notice of any inquiry under this Division
92A. Other interested persons to be given notice of any inquiry under this Division
93. Commission's determination following inquiry into existence of grounds for disciplinary action
93A. Disciplinary action that is a cancellation, suspension or variation of licence or permit
93B. Disciplinary action that is a fine
93C. Disciplinary action that is a letter of censure
93D. Disqualification
93E. Endorsement of licence or permit by Commission

Division 2--Licence or permit cancellation or suspension in other circumstances

94. Inquiry into amenity or disuse
94A. Commission must give notice of proposal to conduct inquiry under section 94
94B. Other interested persons to be given notice of proposal to conduct inquiry under section 94
95. Cancellation, suspension or variation of licence or BYO permit by Commission
96A. Suspension by police
96B. Suspension by Commission
96C. Evidentiary matters

Division 3--Effect of suspension

97. Effect of suspension of licence or permit

Division 4--Breach notices

97A. Service of breach notice
97B. Variation or suspension of licence

PART 7--OBLIGATIONS OF OWNERS, MORTGAGEES, LICENSEES AND PERMITTEES

98. Owners and mortgagees of licensed premises
99. Refreshments to be available
99A. Free drinking water to be provided at licensed premises
99B. Exemption from requirement to provide free drinking water—without application
99C. Exemption from requirement to provide free drinking water—on application
99D. Matters Commission must consider when exempting licensees from free drinking water requirements
100. Residents' register
101. Copy of licence or permit to be displayed on premises
101B. Plan of premises to be retained and produced for inspection
102. Notices required by the Commission must be displayed
103. Change of directors
103A. Change of associates
104. Approval of directors
105. No letting or sub-letting without consent
106. Control of business of supply of liquor
106A. Lessees etc. are liable for offences
106B. Requirement to notify Commission that sexually explicit entertainment provided on licensed premises

PART 7A--BARRING ORDERS

106C. Definitions
106D. Barring orders
106E. Police must produce proof of identity
106F. Content of barring order
106G. Duration of barring order
106H. Requirement to give name and address
106I. Variation and revocation of barring order
106J. Offences
106K. Licensee or permittee must keep records of barring orders

PART 8--OFFENCES AND ENFORCEMENT

Division 1--General offences

107. Unlicensed selling of liquor
108. Offences by licensee and permittee
108AA. Licensee must complete refresher approved responsible service of alcohol programs
108AB. Licensee must ensure staff complete approved responsible service of alcohol programs
108AC. Licensee must ensure staff complete refresher approved responsible service of alcohol programs
108AD. Licensee must keep RSA certificates
108AE. Licensee must produce RSA certificates for inspection
108AF. Exemption from approved responsible service of alcohol program requirements—without application
108AG. Exemption from approved responsible service of alcohol program requirements—on application
108AH. Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements
108B. Corporate licensee must provide details of directors
109. Taking orders for liquor at unlicensed premises
109A. Sale of liquor through vending machines
109B. Written notice for delivery of liquor supplied by off-premises request
109C. Person must not deliver liquor supplied by off-premises request to intoxicated persons
110. Holding out
111. Bringing liquor to premises outside trading hours
112. Keeping liquor in unlicensed club
113. Consuming or having liquor on unlicensed premises
113A. Consumption of liquor on party buses
114. Offences by persons other than licensee or permittee
115. Betting on licensed premises
115A. Prohibited advertising or promotion
115B. Certain advertising prohibited within 150 metres of school
115C. No compensation
116. Falsely indicating that premises are licensed
117. Procuring transfer by fraud
118. False or misleading statements

Division 1A--Restrictions on the supply of liquor and other alcoholic products

118A. Restrictions on retail supply of alcohol‑based food essences
118B. Regulations prohibiting supply of classes of liquor

Division 2--Underage drinking

119. Supplying liquor to minors
119A. Person must not deliver liquor to a person who is under 18 years of age
120. Allowing minors on licensed or authorised premises
121. Sending minor to obtain liquor
122. Permitting minor to supply liquor
123. Offences by minors
124. Wrongful dealing in evidence of age document
125. Offence to falsely procure proof of age card

Division 3--Investigatory powers

125A. Application of powers conferred on protective services officers under this Division
126. Power to demand suspected minor to give his or her age
127. Seizure of evidence of age document
128. Seizure of liquor from minors
129. Right of entry
130. Powers of authorised persons
130A. Power to require names and addresses
130B. Search warrants
130C. Announcement before entry
130D. Copy of warrant to be given to occupier
130E. Offences relating to obstruction of authorised persons
130F. Protection against self-incrimination
131. Power to seize liquor in certain cases
132. Police to assist if person asked to leave premises
133C. Access to seized documents
133D. Use of equipment to examine or process documents
133E. Use or seizure of electronic equipment at premises

Division 3A--Undertakings by licensees

133F. Undertakings
133G. Register of undertakings

Division 3B--Injunctive relief

133H. Injunctions to restrain conduct
133I. Injunctions to do an act or thing
133J. Interim injunctions
133K. Power to rescind or vary injunctions
133L. Undertakings as to damages and costs

Division 4--Legal proceedings

134. Presumption as to holder of licence or permit
135. Averments
136. Sufficient evidence of certain matters
137. Copies of certain documents
138. Property forfeited
139. Concurrent proceedings
140. Notice of conviction

Division 5--Infringement notices

141. Power to serve an infringement notice
144. Infringement penalties
146. Effect of expiation

Division 6--Liquor accords

146A. Definitions
146B. Liquor accord terms
146C. Competition and Consumer Act and Competition Code
146D. Information disclosure in relation to liquor accord bans
146DA. Licensee or permittee must not disclose confidential information
146DB. Licensee or permittee may consult with police in relation to liquor accord

Division 7--Advanced RSA programs

146E. Approval of advanced RSA programs
146F. Direction to complete approved advanced RSA program

PART 8A--BANNING NOTICES AND EXCLUSION ORDERS

Division 1--Designated areas

147. Order declaring designated area
148. Court proceedings regarding Order
148A. Variation and revocation of Order

Division 2--Banning notices

148B. Issue of banning notice
148C. Content of banning notice
148D. Requirement to give name and address
148E. Variation and revocation of banning notice
148F. Offence to contravene banning notice or fail to comply with police directions
148G. Direction to leave designated area or licensed premises
148H. Police may use reasonable force to remove person

Division 3--Exclusion orders

148I. Exclusion orders
148J. Offence to contravene exclusion order or fail to comply with police directions
148K. Direction to leave designated area or licensed premises
148L. Police may use reasonable force to remove person
148M. Variation of exclusion order

Division 4--General

148O. Licensed premises include authorised premises
148P. Disclosure of information for enforcement purposes
148Q. Offence to permit contravention of banning notice or exclusion order
148R. Annual report by Chief Commissioner

PART 8B--CLOSURE AND EVACUATION OF LICENSED PREMISES FOR FIRE AND EMERGENCY PURPOSES

Division 1--Preliminary

148S. Definitions

Division 2--Power of entry and inspection

148T. Appointment of fire safety inspector
148U. Fire safety inspector's identity card
148V. Production of identity card
148W. Entry and search of certain premises for serious fire threat
148X. Search of premises after entry authorised by any other Act
148Y. Requirement to assist the fire safety inspector during search of certain premises
148Z. Refusal or failure to comply with requirement
148ZA. Offence to refuse entry to a fire safety inspector
148ZB. Offence to give false or misleading information

Division 3--Closure and evacuation notices

148ZC. Advice of fire safety inspector as to serious fire threat
148ZD. Issue of closure and evacuation notice
148ZE. Service of closure and evacuation notice
148ZF. Issue and service of subsequent notice
148ZG. Content of closure and evacuation notice
148ZH. Direction to leave licensed premises
148ZI. Fire safety inspector may request assistance of police
148ZJ. Offence to fail or refuse to comply with a closure and evacuation notice or direction
148ZK. Offence to allow entry
148ZL. Sign must be displayed
148ZM. Injunction to prevent or restrain a contravention
148ZN. Notification of completion of rectification work
148ZO. Inspection by fire safety inspector of rectification work
148ZP. Revocation of closure and evacuation notice and subsequent notice
148ZQ. Giving advice or a decision in writing or orally

Division 5--General

148ZS. Disclosure of information for enforcement purposes
148ZT. Disclosure of information by the Commission
148ZX. Power to serve an infringement notice
148ZY. Infringement penalties

PART 9--ADMINISTRATION

Division 1--Statements of reasons

149. Request for statement of reasons for decision
150. Content of statement of reasons and by when they must be given

Division 2--Internal review

151. Definitions
152. Reviewable decisions

Division 6--of Part 2

153. Applications for internal review
154. Notification of certain persons of application for internal review
155. Commission on review must not include commissioner who made the reviewable decision
156. Commission on review must include Chairperson or a Deputy Chairperson
157. Decisions on internal review
158. Review of reviewable decisions relating to refusals to grant licence or BYO permit
159. Review of reviewable decisions relating to late hour entry declarations
160. Applications for internal review do not affect operation of reviewable decisions

Division 2A--Compulsory conferences

161. Main purposes of compulsory conference
162. Commission may refer internal review to compulsory conference
163. Notice of compulsory conference
164. Conduct of compulsory conference
165. Objection to commissioner who conducted compulsory conference being part of Commission on review under Division 2
166. Failure to attend a compulsory conference
167. Evidence inadmissible in internal review by Commission

Division 3--Review by VCAT

169. Application for review of internal review decisions under Division 2 of this Part
170. Time limit for applying for review

Division 4--Licensing inspectors

172. Licensing inspectors

Division 5--Appeals on questions of law

172A. Appeal to Supreme Court

PART 9A--VICTORIAN LIQUOR COMMISSION

Division 1--Establishment, functions and powers

172B. Establishment of Commission
172C. Commission represents the Crown
172D. Functions of Commission
172E. Powers of Commission

Division 2--Membership of Commission

172F. Constitution of Commission
172G. Eligibility for appointment
172H. Chairperson
172I. Deputy Chairperson
172J. Additional commissioners
172K. Sessional commissioners
172L. Term of appointment and remuneration
172M. Acting appointments
172N. Vacancies and resignation
172O. Validity of decisions
172P. Disclosure of interests
172Q. Protection from liability
172R. Identity cards

Division 3--Staffing and delegation

172S. Staffing the Commission
172T. Delegation

Division 4--Performance and exercise of the Commission's functions and powers

172U. Basic requirement
172V. Ministerial directions
172W. How may Commission's functions and powers be performed or exercised?
172X. Meetings and inquiries generally
172Y. Meetings
172Z. Are Commission meetings and inquiries open to the public?

Division 5--Liquor inspectors

172ZA. Appointment
172ZB. Criminal records check
172ZC. Functions and powers of liquor inspectors
172ZD. Identity cards

PART 9B--INVESTIGATIONS AND INQUIRIES OF COMMISSION

Division 1--Investigations

172ZE. General power of investigation

Division 2--Inquiries

172ZF. Inquiries by Commission
172ZG. Conduct of inquiry
172ZH. Community interest inquiries
172ZI. Procedure for community interest inquiries
172ZJ. Minister may require interim report
172ZK. Final report to be provided to Minister

PART 10--GENERAL

173. Service of notices and other documents
174. Extension of time for objections
175. Application of Gambling Regulation Act 2003
176. Issue of proof of age cards
177. Treasurer may make payments
178. Treasurer may require information
178A. Delegation
179. Records to be made and kept by certain licensees
180. Regulations

PART 11--REPEALS, CONSEQUENTIAL AMENDMENTS AND TRANSITIONALS

182. Savings and transitional provisions
183. Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013
184. Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014
185. Transitional provision—Victorian Responsible Gambling Foundation Repeal and Advisory Councils Act 2024
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
ENDNOTES

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback