Victorian Numbered Acts

LIQUOR CONTROL REFORM AMENDMENT ACT 2007 (NO. 73 OF 2007) - SECT 19

After Division 3 of Part 6 of the Principal Act insert —

" Division 4—Breach notices

        97A     Service of breach notice

    (1)     The Director may serve a breach notice in writing on a licensee if the Director believes on reasonable grounds that—

        (a)     the licensee has engaged in conduct that would constitute grounds for an application under section 90 for an inquiry into the licensee; and

        (b)     it is likely that the licensee will continue to engage in that conduct.

    (2)     A breach notice may be served on a licensee whether or not an application has been made to the Tribunal—

        (a)     under section 90 for an inquiry in respect of the alleged conduct; or

        (b)     under section 94 or 95 for an order cancelling or suspending the licence.

    (3)     A breach notice must—

        (a)     specify the conduct which the licensee is believed to have engaged in and the grounds for the Director's belief;

        (b)     state the time period within which the licensee must respond to the notice, that time period being not less than 14 days from the date of service of the notice;

        (c)     state what steps need to be taken by the licensee to respond to the notice;

        (d)     state the consequences for the licensee of not responding to the notice.

        97B     Variation or suspension of licence

    (1)     If a licensee does not respond to a breach notice within the period stated in the notice, or if the Director is not satisfied with the licensee's response, the Director may, by notice in writing to the licensee—

        (a)     vary the licence; or

        (b)     suspend the licence.

    (2)     The Director may suspend a licence under this section only if the Director believes on reasonable grounds that there is a danger that a person may suffer substantial harm, loss or damage as a result of the licensee's conduct unless the licence is suspended.

    (3)     The variation of a licence under this section may include—

        (a)     a variation of the times at which the licence authorises the supply of liquor (including a variation reducing the times to less than ordinary trading hours);

        (b)     a variation of a condition of the licence (other than a condition imposed by this Act);

        (c)     the imposition of a new condition on the licence.

    (4)     The variation or suspension of a licence—

        (a)     takes effect when notice of it is given to the licensee or at the later time specified in the notice; and

        (b)     ceases to have effect     7 days after the day on which it takes effect.

    (5)     If a licence is varied under this section, the licence has effect after the variation ceases to have effect as if the variation had never been made.

    (6)     No compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section.

    (7)     Nothing in this Division affects the power of the Director to vary a licence under section 58.".