Victorian Current Acts Victorian Current Acts(1) A restaurant and cafe licence authorises the licensee—
(a) to supply liquor on the licensed premises—
(i) during ordinary trading hours; and
S. 9A(1)(a)(ia) inserted by No. 49/2021 s. 10(1).
(ia) between 11 p.m. on any particular day until 1 a.m. on the following day; and
S. 9A(1)(a)(ii) amended by Nos 8/2010 s. 6(1), 58/2011 s. 104(Sch. item 4.13).
(ii) subject to
section 15A, at any other times determined by the Commission and
specified in the licence—
for consumption on the licensed premises where the predominant activity carried out at all times on the premises is the preparation and serving of meals to be consumed on the licensed premises; and
S. 9A(1)(b) amended by Nos 8/2010 s. 6(2), 58/2011 s. 104(Sch. item 4.13), substituted by No. 49/2021 s. 10(2).
(b) subject to section 15A, to supply liquor on any other premises authorised by the Commission and specified in the licence, during ordinary trading hours and between 11 p.m. on any particular day until 1 a.m. on the following day for consumption on those premises; and
S. 9A(1)(c) inserted by No. 49/2021 s. 10(2).
(c) to supply liquor on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises during ordinary trading hours; and
S. 9A(1)(d) inserted by No. 49/2021 s. 10(2), amended by No. 28/2022 s. 151(a).
(d) to supply liquor to a person who makes an off-premises request.
(2) A restaurant and cafe licence is subject to—
(a) the conditions set out in subsection (3), and
(b) the condition set out in section 16 (compliance with planning scheme); and
(c) if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and
(d) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and
S. 9A(2)(da) inserted by No. 49/2021 s. 10(3).
(da) the condition that any liquor supplied in sealed containers, bottles or cans must be supplied together with a takeaway adult meal or delivery adult meal prepared on the premises of the licensee; and
S. 9A(2)(db) inserted by No. 49/2021 s. 10(3).
(db) the condition that the supply of liquor to a person for a takeaway adult meal or delivery adult meal must not be more than 750 millilitres capacity in the case of wine or six containers of not more than 375 millilitres capacity each in the case of beer, cider or pre-mixed spirits; and
S. 9A(2)(dc) inserted by No. 49/2021 s. 10(3).
(dc) the condition that the licensee notifies the Commission before commencing the supply of liquor—
(i) on the licensed premises in sealed containers, bottles or cans for consumption off the premises; or
S. 9A(2)(dc)(ii) amended by No. 28/2022 s. 151(b).
(ii) by off-premises request; and
S. 9A(2)(dd) inserted by No. 49/2021 s. 10(3), amended by No. 28/2022 s. 151(c).
(dd) if the licensee commences the supply of liquor by off-premises request, the conditions set out in section 18C (supply of liquor if off-premises request made); and
S. 9A(2)(de) inserted by No. 49/2021 s. 10(3).
(de) the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and
S. 9A(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.14).
(e) any other conditions determined by the Commission and specified in the licence.
(3) A restaurant and cafe licence is subject to the following conditions—
(a) tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time; and
(b) the licensee must not permit—
(i) the live performance of any musical works; or
(ii) the playing of any recorded musical works—
on the premises at higher than background music level at any time outside ordinary trading hours.
(4) The condition in subsection (3)(b) does not apply to music performed or played on licensed premises outside ordinary trading hours as part of a function that is—
(a) held in an area of those premises that is set aside for the exclusive use of persons who have booked a table in that area and their guests; and
(b) attended only by those persons and guests.
(5) In this section—
"background music level", in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial degree.
S. 9A(6) inserted by No. 49/2021 s. 10(4).
(6) Nothing in this section affects any existing obligation that applies to the licensed premises under a planning scheme within the meaning of the Planning and Environment Act 1987 .