VersionNo. 076
Liquor Control Reform Act 1998
No. 94 of 1998
Version incorporating amendments as at
1 July 2014
table of provisions
SectionPage
1
SectionPage
Part 1—Preliminary
1Purpose
2Commencement
3Definitions
3AWhat is amenity?
3AAEvidence constituting detraction from or detriment to amenity
of area
3ABWhat is intoxication?
3ACWho is an associate?
3BWhere supply occurs if off-premises request made
4Objects
5Liquor Control Advisory Council
6Act not to apply in certain cases
6AExemption from Act—bed and breakfast businesses
6BExemption from Act—florist or giftmaker
6CExemption from Act—hairdressers
6DExemption from Act—butchers
6EExemption from Act—hospitals
6FExemption from Act—residential care services
6GExemption from Act—retirement villages
6HExemption from Act—cruise ships
Part 2—Licences and BYO Permits
Division 1—Categories of licences and permits
7What are the categories of licences and permits that may be issued under this Act?
8General licence
9On-premises licence
9ARestaurant and cafe licence
10Club licence
11Packaged liquor licence
11ALate night licence
12Pre-retail licence
13Wine and beer producer's licence
14Limited licence
14AMajor event licence
14BDetermination of major event
15BYO permit
15AANZAC Day restrictions
15BExemptions from ANZAC Day restrictions—Duty free shops
and aircraft
15CExemptions from ANZAC Day restrictions—Residents and guests
15DExemptions from ANZAC Day restrictions—Wineries
15ESexually explicit entertainment licence condition—fees
16Licence and permit condition—compliance with planning scheme
17Licence condition—extended hours
18Licence and permit condition—approval of directors
18BLicence condition—security cameras
Division 2—Additional authority of licences
1930-minute period for consumption of liquor after hours
20Gratuitous supply of liquor
21Bringing of liquor onto licensed premises
Division 3—Restrictions on grant of licences and BYO permits
22Certain premises not to be licensed
24Further restriction on grant of packaged liquor and late night (packaged liquor) licences
25Restrictions on grant of club licences
25ARestriction on insertion of licence condition permitting vending machines
26Restriction on grant of limited licence
26ARestriction on grant of major event licence
26BRestriction on the grant of certain licences—approved responsible service of alcohol programs
26CApproval of responsible service of alcohol programs
Division 4—Applications for grant, variation, transfer and
relocation of licences and BYO permits
27Who can apply for a licence or BYO permit?
28Form of application
29Application for variation of licence or BYO permit
30Procedure on application for variation by Chief Commissioner
or licensing inspector
31Application for relocation of licence or BYO permit
32Application for transfer of licence or BYO permit
33Copy of application to be given to police and local council
34Public display of licence application
35Advertisement of licence application
36Notification of particular persons
37Guidelines
Division 5—Objections
38Objection on ground of amenity
39Objection by Chief Commissioner
40Objection by local council
41Objection to licence by licensing inspector
42Commission may refuse to accept objection
43Withdrawal of objection
Division 6—Determination of applications
44Determination of uncontested applications
47Determination of contested application
48Commission may permit amendments and disregard errors
49Licence and BYO permit conditions
50Period of licence or BYO permit
51Form of licence or BYO permit and endorsements
52Copy of licence or BYO permit
53Liability of joint and incorporated licensees or permittees and unincorporated clubs
53ACriminal liability of officers of bodies corporate—accessorial liability
53BCriminal liability of officers of bodies corporate—failure to exercise due diligence
53CCriminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
54Nominee of licensee or permittee
55Transfer of club licence to incorporated association
56Concurrent dealing with transfer and relocation
57Effect of transfer or relocation
Division 7—Variation of licence or BYO permit by Commission
58Variation of licence or BYO permit at initiative of
Commission
58ACorrecting mistakes
Division7A—Late hour entry declarations
58BCommission may make late hour entry declarations
58CMaking a late hour entry declaration
58CATemporary late hour entry declaration
58DCommission may revoke or vary a late hour entry declaration
Division 8—Renewal of licences and BYO permits
59Licence to be renewed within 3 months
60Licence renewal after 3 months
61Notice of failure to renew licence or BYO permit
62Power to owner and others to renew licence
Division 9—Surrender and lapse of licence or BYO permit
63Surrender of licence or BYO permit
64Release of licensee or permittee
65Partner leaving partnership
66Licence or permit lapses if not endorsed
Division 10—Provision of information
66AInformation in relation to fees
Part 3—Special Procedures for Certain
Licences
Division 1—Club licences for amalgamated clubs
67Application by amalgamated club for a club licence
68Objection to grant of licence to amalgamated club
69Grant of licence to amalgamated club
70Division does not affect Division 4 of Part 2
Division 2—Casino premises
71Definitions
72Application of Division
73Requirements for an application to which this Division
applies
74Grant of application
Division 3—Australian Grand Prix
75Definitions
76Application of Division
77Requirements for an application to which this Division
applies
78Objection by Chief Commissioner
79Grant of application
Part 4—Authorisation of Others to Carry on Licensed Business
80Application by executors, trustees and administrators for endorsement on licence or BYO permit
81Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit
82Application procedure
83Objection by Chief Commissioner
84Grant of application
85Endorsement at initiative of Commission
86Effect of endorsement
Part 4A—Demerits Register
86ADemerits Register
86BCommission to record demerit points
86CRecord of day on which offence was committed
86DCommission must notify licensee or permittee when demerit point is incurred
86EAutomatic suspension of licence or permit if certain number
of demerit points incurred
86FDate of commencement of suspension
86GNotice of suspension
86HMinister may suspend, cancel or delay a suspension
86ICommission may deduct demerit points
86JDemerit point automatically deducted after 3 years
86KCommission may publish details of licences and permits
Part 6—Inquiries and Disciplinary Provisions
Division 1—Disciplinary action against licensee or permittee
90Definitions
91Inquiry into whether there are grounds to take disciplinary
action
92Licensee or permittee to be given notice of any inquiry under
this Division
92AOther interested persons to be given notice of any inquiry
under this Division
93Commission's determination following inquiry into existence
of grounds for disciplinary action
93ADisciplinary action that is a cancellation, suspension or
variation of licence or permit
93BDisciplinary action that is a fine
93CDisciplinary action that is a letter of censure
93DDisqualification
93EEndorsement of licence or permit by Commission
Division 2—Licence or permit cancellation or suspension in other circumstances
94Inquiry into amenity or disuse
94ACommission must give notice of proposal to conduct inquiry under section 94
94BOther interested persons to be given notice of proposal to
conduct inquiry under section 94
95Cancellation, suspension or variation of licence or BYO
permit by Commission
96ASuspension by police
96BSuspension by Commission
96CEvidentiary matters
Division 3—Effect of suspension
97Effect of suspension of licence or permit
Division 4—Breach notices
97AService of breach notice
97BVariation or suspension of licence
Part 7—Obligations of Owners, Mortgagees, Licensees and Permittees
98Owners and mortgagees of licensed premises
99Refreshments to be available
99AFree drinking water to be provided at licensed premises
99BExemption from requirement to provide free drinking water—without application
99CExemption from requirement to provide free drinking water—
on application
99DMatters Commission must consider when exempting licensees from free drinking water requirements
100Residents' register
101Copy of licence or permit to be displayed on premises
101APlan of premises to be given to the Commission if
requested
101BPlan of premises to be retained and produced for
inspection
102Notices required by the Commission must be displayed
103Change of directors
103AChange of associates
104Approval of directors
105No letting or sub-letting without consent
106Control of business of supply of liquor
106ALessees etc. are liable for offences
106BRequirement to notify Commission that sexually explicit entertainment provided on licensed premises
Part 7A—Barring Orders
106CDefinitions
106DBarring orders
106EPolice must produce proof of identity
106FContent of barring order
106GDuration of barring order
106HRequirement to give name and address
106IVariation and revocation of barring order
106JOffences
106KLicensee or permittee must keep records of barring orders
Part 8—Offences and Enforcement
Division 1—General offences
107Unlicensed selling of liquor
108Offences by licensee and permittee
108AALicensee must complete refresher approved responsible service of alcohol programs
108ABLicensee must ensure staff complete approved responsible service of alcohol programs
108ACLicensee must ensure staff complete refresher approved responsible service of alcohol programs
108ADLicensee must keep approved responsible service of
alcohol register
108AELicensee must produce approved responsible service of alcohol program register for inspection
108AFExemption from approved responsible service of alcohol program requirements—without application
108AGExemption from approved responsible service of alcohol program requirements—on application
108AHMatters Commission must consider when exempting
licensees from responsible service of alcohol program requirements
108BCorporate licensee must provide details of directors
109Taking orders for liquor at unlicensed premises
109ASale of liquor through vending machines
110Holding out
111Bringing liquor to premises outside trading hours
112Keeping liquor in unlicensed club
113Consuming or having liquor on unlicensed premises
113AConsumption of liquor on party buses
114Offences by persons other than licensee or permittee
115Betting on licensed premises
115AProhibited advertising or promotion
116Falsely indicating that premises are licensed
117Procuring transfer by fraud
118False or misleading statements
Division 1A—Restrictions on the supply of liquor and other
alcoholic products
118ARestrictions on retail supply of alcoholbased food
essences
118BRegulations prohibiting supply of classes of liquor
Division 2—Underage drinking
119Supplying liquor to minors
120Allowing minors on licensed or authorised premises
121Sending minor to obtain liquor
122Permitting minor to supply liquor
123Offences by minors
124Wrongful dealing in evidence of age document
125Offence to falsely procure proof of age card
Division 3—Investigatory powers
126Power to demand suspected minor to give his or her age
127Seizure of evidence of age document
128Seizure of liquor from minors
129Right of entry
130Powers of authorised persons
130APower to require names and addresses
130BSearch warrants
130CAnnouncement before entry
130DCopy of warrant to be given to occupier
130EOffences relating to obstruction of authorised persons
130FProtection against self-incrimination
131Power to seize liquor in certain cases
132Police to assist if person asked to leave premises
133CAccess to seized documents
133DUse of equipment to examine or process documents
133EUse or seizure of electronic equipment at premises
Division 3A—Undertakings by licensees
133FUndertakings
133GRegister of undertakings
Division 3B—Injunctive relief
133HInjunctions to restrain conduct
133IInjunctions to do an act or thing
133JInterim injunctions
133KPower to rescind or vary injunctions
133LUndertakings as to damages and costs
Division 4—Legal proceedings
134Presumption as to holder of licence or permit
135Averments
136Sufficient evidence of certain matters
137Copies of certain documents
138Property forfeited
139Concurrent proceedings
140Notice of conviction
Division 5—Infringement notices
141Power to serve an infringement notice
144Infringement penalties
146Effect of expiation
Division 6—Liquor accords
146ADefinitions
146BLiquor accord terms
146CCompetition and Consumer Act and Competition Code
146DInformation disclosure in relation to liquor accord bans
Part 8A—Banning Notices and Exclusion Orders
Division 1—Designated areas
147Order declaring designated area
148Court proceedings regarding Order
148AVariation and revocation of Order
Division 2—Banning notices
148BIssue of banning notice
148CContent of banning notice
148DRequirement to give name and address
148EVariation and revocation of banning notice
148FOffence to contravene banning notice or fail to comply
with police directions
148GDirection to leave designated area or licensed premises
148HPolice may use reasonable force to remove person
Division 3—Exclusion orders
148IExclusion orders
148JOffence to contravene exclusion order or fail to comply
with police directions
148KDirection to leave designated area or licensed premises
148LPolice may use reasonable force to remove person
148MVariation of exclusion order
Division 4—General
148OLicensed premises include authorised premises
148PDisclosure of information for enforcement purposes
148QOffence to permit contravention of banning notice or exclusion order
148RAnnual report by Chief Commissioner
Part 8B—Closure and Evacuation of Licensed Premises for Fire and Emergency Purposes
Division 1—Preliminary
148SDefinitions
Division 2—Power of Entry and Inspection
148TAppointment of fire safety inspector
148UFire safety inspector's identity card
148VProduction of identity card
148WEntry and search of certain premises for serious fire threat
148XSearch of premises after entry authorised by any other Act
148YRequirement to assist the fire safety inspector during
search of certain premises
148ZRefusal or failure to comply with requirement
148ZAOffence to refuse entry to a fire safety inspector
148ZBOffence to give false or misleading information
Division 3—Closure and Evacuation Notices
148ZCAdvice of fire safety inspector as to serious fire threat
148ZDIssue of closure and evacuation notice
148ZEService of closure and evacuation notice
148ZFIssue and service of subsequent notice
148ZGContent of closure and evacuation notice
148ZHDirection to leave licensed premises
148ZIFire safety inspector may request assistance of police
148ZJOffence to fail or refuse to comply with a closure and evacuation notice or direction
148ZKOffence to allow entry
148ZLSign must be displayed
148ZMInjunction to prevent or restrain a contravention
148ZNNotification of completion of rectification work
148ZOInspection by fire safety inspector of rectification work
148ZPRevocation of closure and evacuation notice and
subsequent notice
148ZQGiving advice or a decision in writing or orally
Division 4—Delegation
148ZRDelegation by the Commission
Division 5—General
148ZSDisclosure of information for enforcement purposes
148ZTDisclosure of information by the Commission
148ZXPower to serve an infringement notice
148ZYInfringement penalties
Part 9—Administration
Division 1—Statements of reasons
149Request for statement of reasons for decision
150Content of statement of reasons and by when they must be
given
Division 2—Internal review
151Definitions
152Reviewable decisions
153Applications for internal review
154Notification of certain persons of application for internal
review
155Commission on review must not include commissioner who made the reviewable decision
156Commission on review must include Chairperson or a Deputy Chairperson
157Decisions on internal review
158Review of reviewable decisions relating to refusals to grant licence or BYO permit
159Review of reviewable decisions relating to late hour entry declarations
160Applications for internal review do not affect operation of reviewable decisions
Division 4—Licensing inspectors
172Licensing inspectors
Division 5—Appeals on questions of law
172AAppeal to Supreme Court
Part 10—General
173Service of notices and other documents
174Extension of time for objections
175Application of Gambling Regulation Act 2003
176Issue of proof of age cards
177Treasurer may make payments
178Treasurer may require information
178ADelegation
179Records to be made and kept by certain licensees
180Regulations
Part 11—Repeals, Consequential Amendments
and Transitionals
182Savings and transitional provisions
183Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013
184Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act2014
______
SCHEDULES
SCHEDULE 1—Club Licences
SCHEDULE 2—Specified Offences for the Purposes of Banning Notices and Exclusion Orders
SCHEDULE 3—Savings and Transitional Provisions
PART 1—GENERAL PROVISIONS
1Definitions
2Liquor Licensing Commission
3Licences and permits under repealed Act
4Conditions of licences and permits under the repealed Act
5Extended hours permits
6Additional authority and conditions for pre-retail licence for producers and distributors
7Restriction on general licence that was previously a residential licence
8Restriction of on-premises licence granted to restaurant under repealed Act
9Premises under old general (class 2) licence that are approved
for gaming
10Consents and approvals under repealed Act continue
11Nominees continue
12Endorsements continue
13Authorisation of person under section 102 of repealed Act
14People disqualified under repealed Act
15Notices required to be displayed under section 110A of the repealed Act
16Members of former Co-ordinating Council
17Transitional provision—dry areas
18Councils may take poll of voters
19Transitional provisions—Liquor Control Reform (Amendment) Act2001
20Transitional provision—Liquor Control Reform (Packaged Liquor Licences) Act 2002
21Transitional provisions—Liquor Control Reform
Amendment Act2007
23Transitional provision—on-premises licences
24Transitional provisions—Liquor Control Reform
Amendment (Licensing) Act 2009
25Transitional provisions—Liquor Control Reform
Amendment Act2010
PART 2—LIQUOR CONTROL REFORM FURTHER AMENDMENT ACT 2011
26Transitional provision—general licence
27Savings provision—packaged liquor licences
28Savings provision—late night (packaged liquor) licences
29Transitional provision—vigneron's licences
30Transitional provision—other licences
SCHEDULE 4—Transitional Provisions—Victorian Commission
for Gambling and Liquor Regulation Act 2011
1Definitions
2General savings provisions
4Office of Director abolished
5References
6Pending uncontested applications
7Own motion variations of Director
8Pending contested applications referred to Panel in respect of which consideration has not been given
9Pending contested application referred to Panel in respect of which there is no Panel report
10Contested applications in respect of which Panel has given
Panel report
11Tribunal inquiries
12Documents or information of Director
13Notices
14Applications, approvals, decisions or other actions of Director
15Taxes
16Validityof things done under this Schedule
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
1
VersionNo. 076
Liquor Control Reform Act 1998
No. 94 of 1998
Version incorporating amendments as at
1 July 2014
1
Part 1—Preliminary
Liquor Control Reform Act 1998
No. 94 of 1998
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1Purpose
The purpose of this Act is to reform the law relating to the supply and consumption of liquor.
2Commencement
(1)This Part comes into operation on the day on which this Act receives the Royal Assent.
(2)Subject to subsection (3), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(3)If a provision referred to in subsection (2) does not come into operation before 1 July 1999, it comes into operation on that day.
3Definitions
(1)In this Act—
S. 3(1) def. of alcohol-based food essence inserted by No. 88/2001 s.4(a).
alcohol-based food essence means a food flavouring preparation in liquid form intended for human consumption with an alcoholic content greater than 05% by volume at a temperature of 20° Celsius;
S. 3(1) def. of alcohol-related violence or disorder inserted by No.73/2007 s.10.
alcohol-related violence or disorder means violence or disorder resulting from or related to the consumption of alcohol(whether or not the alcohol is consumed in the place where the violence or disorder occurs);
S. 3(1) def. of amenity inserted by No. 39/2002 s.4(1).
amenity has the meaning given by section3A;
S. 3(1) def.of approved responsible service of alcohol program insertedby No.57/2010 s.4(2), amendedby No.58/2011 s.51(3).
approved responsible service of alcohol program means—
(a)an initial training program approved by the Commission under section 26C; or
(b)in relation to a person who has previously completed an initial training program referred to in paragraph (a), a refresher training program approved by the Commission under section 26C;
S. 3(1) def.ofapproved responsible service of alcohol program register insertedby No.57/2010 s.4(2).
approved responsible service of alcohol program register means a register kept by a licensee in accordance with section108AD;
S. 3(1) def. of associate insertedby No. 92/2004 s.9(1), substituted by No. 73/2007 s.8.
associate has the meaning given in section3AC;
s. 3
S. 3(1) def. of Australian lawyer insertedby No. 8/2009 s.4(1).
Australian lawyer has the same meaning as in the Legal Profession Act 2004;
authorised gaming visitor means a person—
(a)who is on licensed premises in respect of which a venue operator's licence is in force; and
(b)in the case of licensed premises within the municipal district of a Council mentioned inthe Schedule to the Public Holidays Act 1993, who resides more than 5 kilometres from the licensed premises; and
(c)in the case of licensed premises that are not within the municipal district of a Council mentioned inthe Schedule to the Public Holidays Act 1993, who resides more than 10 kilometres, or any other distance which is determined by the Minister under subsection (2), from the licensed premises; and
s. 3
(d)whose name, residential address and date of admission to the licensed premises is recorded on the register of authorised gaming visitors required to be kept under section 10(4)(b)(ii);
S.3(1) def. of authorised member of the police force repealedby No.57/2010 s.4(3)(a).
*****
S.3(1) def. of authorised notifierinsertedby No.71/2011 s.4(a), amendedby No.37/2014 s.10(Sch. item 96.1(b)).
authorised notifier means—
(a)Victoria Police; or
(b)a court, tribunal or other entity involved in the administration of the criminal justice system in Victoria; or
(c)any other authority or person responsible for the enforcement, investigation or prosecution of offences under this Act; or
(d)a member, employee or delegate of an entity referred to in paragraph (a), (b) or (c);
S. 3(1) def. of authorised personinsertedby No. 8/2009 s.4(1), substitutedby No.58/2011 s.51(2), amendedby No.37/2014 s.10(Sch. item 96.1(c)).
authorised person means—
(a)a commissioner; or
(b)a gambling and liquor inspector; or
(c)a police officer;
s. 3
S.3(1) def. of authorised premises amended by No. 59/2009 s.4(1).
authorised premises means premises referred to in section 9(1)(b), 9A(1)(b) or11A(3)(b);
S. 3(1) def. of banning notice insertedby No. 73/2007 s.4.
banning notice means a notice given under section 148B;
S.3(1) def. of barring order insertedby No. 12/2011 s.3(1).
barring order means an order served under section 106D, whether or not the order is varied under section 106I;
S. 3(1) def.of bed and breakfast business insertedby No.57/2010 s.4(1), substitutedby No.21/2014 s.4(2).
bed and breakfast business means a business that provides temporary accommodation, other than dormitory style accommodation, for not more than 8adults in the course of that business;
S. 3(1) def. of breach notice insertedby No. 73/2007 s.11, amendedby No.58/2011 s.104(Sch. item4.1(a)).