Victorian Current Acts

LIQUOR CONTROL REFORM ACT 1998 - SECT 40

    (1)     The Council of the municipal district in which premises are situated may object to—

        (a)     the grant or variation of a licence in respect of those premises; or

        (b)     the relocation of a licence to those premises—

on the ground that the grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the premises are situated.

S. 40(1A) inserted by No. 39/2002 s. 11(2), amended by No. 49/2021 s. 26.

    (1A)     In addition to the ground referred to in subsection (1), the Council of the municipal district in which premises are situated may object to—

S. 40(1A)(a) amended by No. 59/2009 s. 23.

        (a)     the grant or variation of a packaged liquor licence or late night (packaged liquor) licence in respect of those premises; or

S. 40(1A)(b) amended by No. 59/2009 s. 23.

        (b)     the relocation of a packaged liquor licence or late night (packaged liquor) licence to those premises—

on the ground that the grant, variation or relocation would be conducive to or encourage harm.

    (2)     An objection must—

S. 40(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.77).

        (a)     be made to the Commission in writing within 30 days after the day on which notice of the application for the grant, variation or relocation was first displayed under section 34(1); and

        (b)     state the reasons for the objection.

    (3)     None of the following is a valid reason for an objection under this section—

        (a)     that the business carried on under the licence would or would not be successful;

        (b)     that the business of another licensee or permittee may be adversely affected by the grant, variation or relocation;

        (c)     that there is insufficient need or demand to justify the grant, variation or relocation.