Victorian Bills Victorian Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Liquor Control Reform Act 1998
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Definitions 2
4. Objects 9
5. Co-ordinating Council 9
6. Act not to apply in certain cases 11
PART 2--LICENCES AND BYO PERMITS 13
Division 1--Categories of Licences and Permits 13
7. What are the categories of licences and permits that may be
issued under this Act? 13
8. General licence 13
9. On-premises licence 14
10. Club licence 15
11. Packaged liquor licence 17
12. Pre-retail licence 18
13. Vigneron's licence 19
14. Limited licence 20
15. BYO permit 20
16. Licence and permit condition--compliance with planning
scheme 21
17. Licence and permit condition--extended hours 21
18. Licence and permit condition--approval of directors 22
Division 2--Additional Authority of Licences and BYO Permits 23
19. 30-minute period for consumption of liquor after hours 23
20. Gratuitous supply of liquor 23
21. Bringing of liquor onto licensed premises 23
i
532141B.I1-7/10/98
Clause Page
Division 3--Restrictions on Grant of Licences and BYO Permits 24
22. Certain premises not to be licensed 24
23. Limit on packaged liquor licences held by the same or related
persons 25
24. Further restriction on grant of packaged liquor licence 25
25. Restrictions on grant of club licences 25
26. Restriction on grant of limited licence 26
Division 4--Applications for Grant, Variation, Transfer and
Relocation of Licences and BYO Permits 26
27. Who can apply for a licence or BYO permit? 26
28. Form of application 27
29. Application for variation of licence or BYO permit 27
30. Procedure on application for variation by Chief Commissioner or
licensing inspector 28
31. Application for relocation of licence or BYO permit 29
32. Application for transfer of licence or BYO permit 29
33. Copy of application to be given to police and local council 30
34. Public display of licence application 31
35. Advertisement of licence application 33
36. Notification of particular persons 33
37. Guidelines 33
Division 5--Objections 34
38. Objection on ground of amenity 34
39. Objection by Chief Commissioner 34
40. Objection by local council 35
41. Objection to licence by licensing inspector 36
42. Director may refuse to accept objection 37
43. Withdrawal of objection 37
Division 6--Determination of applications 37
44. Determination of uncontested applications 37
45. Referral of contested applications to Panel 40
46. What does the Panel do? 40
47. Determination of contested application after Panel report 40
48. Director may permit amendments and disregard errors 41
49. Licence and BYO permit conditions 41
50. Period of licence or BYO permit 41
51. Form of licence or BYO permit and endorsements 42
52. Copy of licence or BYO permit 42
53. Liability of joint and incorporated licensees or permittees and
unincorporated clubs 42
54. Nominee of licensee or permittee 43
ii
532141B.I1-7/10/98
Clause Page
55. Transfer of club licence to incorporated association 44
56. Concurrent dealing with transfer and relocation 44
57. Effect of transfer or relocation 44
Division 7--Variation of Licence or BYO Permit by Director 45
58. Variation of licence or BYO permit at initiative of Director 45
Division 8--Renewal of Licences and BYO Permits 46
59. Licence to be renewed within 21 days 46
60. Licence renewal after 21 days 46
61. Notice of failure to renew licence or BYO permit 47
62. Power to owner and others to renew licence 47
Division 9--Surrender and Lapse of Licence or BYO Permit 49
63. Surrender of licence or BYO permit 49
64. Release of licensee or permittee 49
65. Partner leaving partnership 50
66. Licence or permit lapses if not endorsed 50
PART 3--SPECIAL PROCEDURES FOR CERTAIN LICENCES 52
Division 1--Club Licences for Amalgamated Clubs 52
67. Application by amalgamated club for a club licence 52
68. Objection to grant of licence to amalgamated club 53
69. Grant of licence to amalgamated club 53
70. Division does not affect Division 4 of Part 2 54
Division 2--Casino premises 54
71. Definitions 54
72. Application of Division 54
73. Requirements for an application to which this Division applies 54
74. Grant of application 55
Division 3--Australian Grand Prix 55
75. Definitions 55
76. Application of Division 55
77. Requirements for an application to which this Division applies 55
78. Objection by Chief Commissioner 56
79. Grant of application 56
PART 4--AUTHORISATION OF OTHERS TO CARRY ON
LICENSED BUSINESS 58
iii
532141B.I1-7/10/98
Clause Page
80. Application by executors, trustees and administrators for
endorsement on licence or BYO permit 58
81. Application by owner or mortgagee of licensed premises for
endorsement on licence or BYO permit 58
82. Application procedure 59
83. Objection by Chief Commissioner 59
84. Grant of application 59
85. Endorsement at initiative of Director 60
86. Effect of endorsement 60
PART 5--TRIBUNAL REVIEWS 62
87. Application for review of licence and permit decisions 62
88. Application for review of other decisions 62
89. Time limit for applying for review 63
PART 6--INQUIRIES AND DISCIPLINARY PROVISIONS 64
Division 1--Inquiries 64
90. Application for inquiry 64
91. What may Tribunal do on an inquiry? 65
92. Disqualification 67
93. Endorsement of licence or permit by Tribunal 68
Division 2--Licence or permit cancellation or suspension in other
circumstances 68
94. Application by Director 68
95. Application by others 69
96. Cancellation or suspension by Tribunal 69
Division 3--Effect of Suspension 69
97. Effect of suspension of licence or permit 70
PART 7--OBLIGATIONS OF OWNERS, MORTGAGEES,
LICENSEES AND PERMITTEES 71
98. Owners and mortgagees of licensed premises 71
99. Refreshments to be available 71
100. Residents' register 71
101. Copy of licence or permit to be displayed on premises 72
102. Notices required by the Director must be displayed 72
103. Change of directors 72
104. Approval of directors 73
105. No letting or sub-letting without consent 74
106. Control of business of supply of liquor 74
iv
532141B.I1-7/10/98
Clause Page
PART 8--OFFENCES AND ENFORCEMENT 76
Division 1--General Offences 76
107. Unlicensed selling of liquor 76
108. Offences by licensee and permittee 76
109. Taking orders for liquor at unlicensed premises 78
110. Holding out 78
111. Bringing liquor to premises outside trading hours 78
112. Keeping liquor in unlicensed club 79
113. Consuming or having liquor on unlicensed premises 79
114. Offences by persons other than licensee or permittee 80
115. Betting on licensed premises 81
116. Falsely indicating that premises are licensed 82
117. Procuring transfer by fraud 82
118. False or misleading statements 83
Division 2--Underage Drinking 84
119. Supplying liquor to minors 84
120. Allowing minors on licensed or authorised premises 85
121. Sending minor to obtain liquor 87
122. Permitting minor to supply liquor 87
123. Offences by minors 88
124. Wrongful dealing in evidence of age document 90
125. Offence of falsely procuring proof of age card 91
Division 3--Investigatory powers 92
126. Power to demand suspected minor to give his or her age 92
127. Seizure of evidence of age document 93
128. Seizure of liquor from minors 94
129. Entry to licensed premises 95
130. General warrant to enter and search 96
131. Power to seize liquor in certain cases 97
132. Police to assist if person asked to leave premises 98
133. Further search and seizure powers 98
Division 4--Legal Proceedings 100
134. Presumption as to holder of licence or permit 100
135. Averments 100
136. Sufficient evidence of certain matters 101
137. Copies of certain documents 103
138. Property forfeited 103
139. Concurrent proceedings 104
140. Notice of conviction 104
Division 5--Infringement Notices 104
v
532141B.I1-7/10/98
Clause Page
141. Power to serve an infringement notice 104
142. Form of notice 105
143. Withdrawal of notice 106
144. Infringement penalties 106
145. Late payment of penalty 107
146. Payment expiates offence 107
147. Application of penalty 107
148. Prosecution after service of infringement notice 108
PART 9--ADMINISTRATION 110
Division 1--Director of Liquor Licensing 110
149. Director of Liquor Licensing 110
150. Terms of appointment 110
151. Resignation and removal from office 110
152. Acting Director 111
153. Functions and powers 111
154. Director's investigatory function 112
155. Delegation 112
156. Validity of acts and decisions 112
Division 2--Liquor Licensing Panel 112
157. Establishment and membership 112
158. Terms of appointment 112
159. Resignation and removal 113
160. Functions of Panel 113
161. Constitution of Panel for considering applications 114
Division 3--Hearings 114
162. Directions about hearings 114
163. Hearings to be in public 114
164. General procedure for hearings 115
165. Who may appear before a panel? 115
166. Effect of failure to attend hearing 115
167. Adjournment of hearings 116
168. Panel may regulate its own procedure 116
169. Panel may take into account any relevant matter 116
170. Evidence inadmissible in Tribunal proceedings 116
171. Power of entry and inspection 116
Division 4--Licensing Inspectors 117
172. Licensing inspectors 117
PART 10--GENERAL 118
173. Service of notices and other documents 118
vi
532141B.I1-7/10/98
Clause Page
174. Extension of time for objections 119
175. Application of Lotteries Gaming and Betting Act 1966 119
176. Issue of proof of age cards 120
177. Treasurer may make payments 121
178. Treasurer may require information 121
179. Records to be made and kept by certain licensees 121
180. Regulations 122
PART 11--REPEALS, CONSEQUENTIAL AMENDMENTS
AND TRANSITIONALS 124
181. Repeals 124
182. Savings and transitional provisions 124
183. Consequential amendments 124
__________________
SCHEDULES 125
SCHEDULE 1--Club licences 125
SCHEDULE 2--Repeals 127
SCHEDULE 3--Savings and transitional provisions 128
SCHEDULE 4--Consequential amendments 137
NOTES 140
vii
532141B.I1-7/10/98
PARLIAMENT OF VICTORIA
A BILL
to reform the law relating to the supply and consumption of liquor, to
repeal the Liquor Control Act 1987, to make consequential
amendments to other Acts and for other purposes.
Liquor Control Reform Act 1998
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The purpose of this Act is to reform the law
relating to the supply and consumption of liquor.
5 2. Commencement
(1) This Part comes into operation on the day on
which this Act receives the Royal Assent.
1
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
(2) Subject to sub-section (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 sub-section (2) does
5 not come into operation before 1 July 1999, it
comes into operation on that day.
3. Definitions
(1) In this Act--
"authorised gaming visitor" means a person--
10 (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
15 mentioned in the 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
20 not within the municipal district of a
Council mentioned in the Schedule to
the Public Holidays Act 1993, who
resides more than 10 kilometres, or any
other distance which is determined by
25 the Minister under sub-section (2),
from the licensed premises; and
(d) whose name, residential address and
date of admission to the licensed
premises is recorded on the register of
30 authorised gaming visitors required to
be kept under section 10(4)(b)(ii);
"authorised member of the police force" means
a member of the police force authorised by
the Chief Commissioner for the purposes of
35 this Act;
2
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
"authorised premises" means premises referred
to in section 9(1)(b);
"BYO permit" means a BYO permit granted
under this Act;
5 "Chief Commissioner" means Chief
Commissioner of Police appointed under the
Police Regulation Act 1958;
"contested application" means an application for
the grant, variation, transfer or relocation of
10 a licence or BYO permit in respect of which
any objections are received under Division 5
of Part 2 within the period set out in that
Division for those objections (or that period
as extended under section 174);
15 "co-operative" has the same meaning as in the
Co-operatives Act 1996;
"Council" has the same meaning as in the Local
Government Act 1989;
"Director" means Director of Liquor Licensing
20 appointed under section 149;
"director" of a body corporate includes--
(a) any person occupying or acting in the
position of director of the body
corporate, by whatever name called and
25 whether or not validly appointed to
occupy or duly authorised to act in the
position; and
(b) any person in accordance with whose
directions or instructions the directors
30 of the body corporate are accustomed to
act;
"driver licence" means a driver licence issued
under the Road Safety Act 1986;
"evidence of age document" means--
3
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
(a) a proof of age card or a card issued in
another State or a Territory that is the
equivalent of a proof of age card; or
(b) a driver licence or a licence issued in
5 another State or a Territory that is the
equivalent of a driver licence; or
(c) an Australian or foreign passport; or
(d) a document issued--
(i) by a person; or
10 (ii) on behalf of a government
department or agency--
approved by the Minister that bears a
photograph of the person to whom it is
issued and enables that person's age to
15 be determined;
"guest"--
(a) in relation to licensed premises under a
general licence, means a person
introduced to the premises by a
20 resident; and
(b) in relation to licensed premises under a
club licence, means--
(i) a person introduced to the club by
a member in accordance with the
25 rules of the club; or
(ii) a person who is a member of the
club by reason only of reciprocal
arrangements with another club;
"insolvent under administration" means--
30 (a) a person who is an undischarged
bankrupt; or
4
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
(b) a person for whom a debt agreement
has been made under Part IX of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
5 provisions of the law of another
jurisdiction) if the debt agreement has
not ended or has not been terminated;
or
(c) a person who has executed a deed of
10 arrangement under Part X of the
Bankruptcy Act 1966 of the
Commonwealth (or the corresponding
provisions of the law of another
jurisdiction) if the terms of the deed
15 have not been fully complied with; or
(d) a person whose creditors have accepted
a composition under Part X of the
Bankruptcy Act 1966 (or the
corresponding provisions of the law of
20 another jurisdiction) if a final payment
has not been made under that
composition;
"licence" means a licence granted under this Act;
"licensed premises" means the premises in
25 respect of which a licence (other than a pre-
retail licence) or BYO permit is granted but
does not include premises referred to in
section 13(1)(b) (vigneron's licence);
"licensee" means the holder of a licence;
30 "licensing inspector" means a person appointed
as a licensing inspector under section 172;
"liquor" means a beverage, or other prescribed
substance, intended for human consumption
with an alcoholic content greater than 0·5%
35 by volume at a temperature of 20º Celsius;
5
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
"nominee" of a licensee or permittee, means a
person approved under section 54 as
nominee of that licensee or permittee;
"ordinary trading hours" means--
5 (a) in relation to a general licence or on-
premises licence--
(i) the hours between 7 a.m. and
11 p.m. on each day, other than
Sunday, Good Friday or Anzac
10 Day; and
(ii) the hours between 10 a.m. and
11 p.m. on Sunday; and
(iii) the hours between 12 noon and
11 p.m. on Good Friday and
15 Anzac Day;
(b) in relation to a club licence--
(i) any time on any day other than
Sunday, Good Friday or Anzac
Day; and
20 (ii) the hours between 10 a.m. and
11 p.m. on Sunday; and
(iii) the hours between 12 noon and
11 p.m. on Good Friday and
Anzac Day;
25 (c) in relation to a packaged liquor
licence--
(i) the hours between 9 a.m. and
11 p.m. on each day, other than
Sunday, Good Friday, Anzac Day
30 or Christmas Day; and
(ii) the hours between 10 a.m. and
11 p.m. on Sunday; and
6
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
(iii) the hours between 12 noon and
11 p.m. on Anzac Day;
(d) in relation to a vigneron's licence--
(i) the hours between 7 a.m. and
5 11 p.m. on each day, other than
Sunday, Good Friday or Anzac
Day; and
(ii) the hours between 10 a.m. and
11 p.m. on Sunday, Good Friday
10 and Anzac Day;
"owner" of premises, means the person for the
time being entitled to receive either on their
own account or as mortgagee or other
encumbrancer the rent of the premises or
15 who would be so entitled if the premises
were let at a rent;
"permittee" means the holder of a BYO permit;
"premises" includes a vehicle, vessel and
aircraft;
20 "proof of age card" means a document issued by
the Director under section 176;
"related entity", in relation to a body corporate,
has the same meaning as in the Corporations
Law;
25 "residence", in sections 119 and 123, means--
(a) a building or part of a building used as
a separate residence; and
(b) any land, building or part of a building
used for a purpose ancillary to the use
30 of a building or part of a building as a
separate residence--
but does not include licensed premises;
7
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 3
Act No.
"resident", in relation to licensed premises,
means a person (other than the licensee or
permittee) residing or lodging on the
licensed premises;
5 "supply", in relation to liquor, includes sell, offer
or expose for sale, exchange, dispose of and
give away;
"tax officer" has the same meaning as in the
Taxation Administration Act 1997;
10 "Tribunal" means Victorian Civil and
Administrative Tribunal established by the
Victorian Civil and Administrative
Tribunal Act 1998;
"uncontested application" means an application
15 for the grant, variation, transfer or relocation
of a licence or BYO permit in respect of
which no objection is received under
Division 5 of Part 2 within the period set out
in that Division for that objection (or that
20 period as extended under section 174);
"venue operator's licence" has the same
meaning as in the Gaming Machine
Control Act 1991;
"vigneron" means a person who--
25 (a) owns or occupies a vineyard or orchard
containing at least 1·6 hectares of fruit-
bearing vines or fruit trees; and
(b) owns or possesses (whether on the
vineyard or orchard or on other
30 premises owned or occupied by the
person) fermentation facilities in
operating order sufficient for the annual
production reasonably expected from
the vineyard or orchard.
8
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 4
Act No.
(2) For the purposes of paragraph (c) of the definition
of "authorised gaming visitor" the Minister may
determine that an alternative distance of not less
than 5 kilometres should apply if the Minister is
5 satisfied that it is in the interests of the community
to do so.
4. Objects
The objects of this Act are--
(a) to contribute to minimising harm arising
10 from the misuse and abuse of alcohol by--
(i) providing adequate controls over the
supply and consumption of liquor; and
(ii) ensuring as far as practicable that the
supply of liquor contributes to, and
15 does not detract from, the amenity of
community life; and
(b) to facilitate the development of a diversity of
licensed facilities reflecting community
expectations; and
20 (c) to contribute to the responsible development
of the liquor and licensed hospitality
industries.
5. Co-ordinating Council
(1) A Co-ordinating Council is established to advise
25 the Minister on problems of alcohol abuse and on
any other matters referred to it by the Minister.
(2) The members of the Co-ordinating Council are--
(a) a person nominated by the Minister;
(b) a person nominated by the Minister
30 administering the Police Regulation Act
1958;
(c) a person nominated by the Minister
administering the Health Act 1958;
9
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 5
Act No.
(d) a person nominated by the Minister
administering the Education Act 1958;
(e) a person nominated by the Minister
administering the Community Services Act
5 1970;
(f) three people nominated by the Minister from
a panel of names submitted to the Minister
by representatives of the liquor industry;
(g) two people nominated by the Minister as
10 people representing community interests;
(h) a person with special expertise in the
problems of underage drinking nominated by
the Minister;
(i) a person nominated by the Minister from a
15 panel of names submitted to the Minister by
youth organisations;
(j) a person with special expertise in the
problems of drink-driving nominated by the
Minister;
20 (k) a person with special knowledge of matters
affecting residential amenities nominated by
the Minister;
(l) a person with special expertise in the social
and medical aspects of alcohol abuse and
25 misuse nominated by the Minister.
(3) Members are to be appointed by the Governor in
Council and one of the members is to be
appointed as chairperson.
(4) A member holds office for the period, not
30 exceeding 5 years, specified in the instrument of
appointment and is eligible for re-appointment.
(5) A member is entitled to be paid any travelling and
other allowances approved by the Minister.
10
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 6
Act No.
(6) The Public Sector Management and
Employment Act 1998 does not apply to a
member of the Council in respect of the office of
member.
5 (7) The Governor in Council may remove a member
from office.
(8) The Council may regulate its own procedure.
6. Act not to apply in certain cases
This Act does not apply--
10 (a) to a person supplying spirituous or distilled
perfume in good faith as perfumery; or
(b) to liquor supplied or consumed as part of a
religious service; or
(c) to the supply or administration of liquor only
15 as medicine or for medical purposes by or
under the direction of a registered medical
practitioner within the meaning of the
Medical Practice Act 1994 or registered
pharmaceutical chemist; or
20 (d) to the supply or consumption of liquor at the
Houses of Parliament by the permission and
under the control of the Parliament; or
(e) to an auctioneer selling liquor by auction
with the approval of the Director on account
25 of--
(i) a person--
(A) who has failed to renew their
licence; or
(B) who has surrendered their licence;
30 or
(C) whose licence has been
cancelled--
11
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 6
Act No.
within the preceding 3 months; or
(ii) a person who intends to surrender their
licence within 3 months after the sale;
or
5 (iii) a person whose licence will expire
within 3 months after the sale and who
does not intend to renew the licence; or
(f) to the official receiver or trustee in
bankruptcy of a bankrupt estate selling liquor
10 that is the property of that estate for the
purposes of winding up that estate; or
(g) to an executor or administrator of the estate
of a deceased person selling liquor that is the
property of that estate for the purposes of
15 winding up that estate; or
(h) to an insurer selling liquor to which the
insurer has acquired title by virtue of a
settlement of a claim made in good faith
under a policy of insurance but not by
20 purchase; or
(i) to a person not carrying on a business of
supplying liquor who supplies liquor to a
licensee; or
(j) to the sheriff or a person authorised by the
25 sheriff or to a bailiff or member of the police
force selling by auction any liquor taken in
execution or under any warrant of distress or
forfeited; or
(k) to the granting of allowances of liquor to the
30 crew of a vessel.
_______________
12
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 7
Act No.
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?
5 The following licences and permits may be issued
under this Act--
(a) general licence;
(b) on-premises licence;
(c) club licence;
10 (d) packaged liquor licence;
(e) pre-retail licence;
(f) vigneron's licence;
(g) limited licence;
(h) BYO permit.
15 8. General licence
(1) A general licence authorises the licensee--
(a) to supply liquor on the licensed premises--
(i) during ordinary trading hours; and
(ii) at any other times determined by the
20 Director and specified in the licence--
for consumption on and off the licensed
premises; and
(b) to supply liquor on the licensed premises at
any time to a resident of the licensed
25 premises or a guest of such a resident for
consumption on the licensed premises; and
(c) if the licensee resides on the licensed
premises, to supply liquor on that part of the
13
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 9
Act No.
licensed premises set aside for the licensee's
private residence at any time to a guest of the
licensee for consumption on that part of the
licensed premises.
5 (2) A general licence is subject to--
(a) the condition set out in section 16
(compliance with planning scheme); and
(b) if the licence authorises the licensee to
supply liquor outside ordinary trading hours
10 (except as provided in sub-section (1)(b) or
(c)), the condition set out in section 17(1);
and
(c) if the licensee is a body corporate, the
condition set out in section 18 (approval of
15 directors); and
(d) any other conditions determined by the
Director and specified in the licence.
9. On-premises licence
(1) An on-premises licence authorises the licensee--
20 (a) to supply liquor on the licensed premises--
(i) during ordinary trading hours; and
(ii) at any other times determined by the
Director and specified in the licence--
for consumption on the licensed premises;
25 and
(b) to supply liquor on any other premises
authorised by the Director and specified in
the licence, during ordinary trading hours or
at the times referred to in paragraph (a)(ii) or
30 at any other times determined by the
Director and specified in the licence, for
consumption on those premises.
14
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 10
Act No.
(2) An on-premises licence is subject to--
(a) the conditions set out in sub-section (3), if
applicable; and
(b) the condition set out in section 16
5 (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
10 condition set out in section 18 (approval of
directors); and
(e) any other conditions determined by the
Director and specified in the licence.
(3) If the permitted use of the licensed premises under
15 the Planning and Environment Act 1987 is that
of a restaurant, the on-premises licence is subject
to the following conditions--
(a) the predominant activity carried on on the
licensed premises must be the preparation
20 and serving of meals for consumption on the
licensed premises; and
(b) 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
25 premises at any one time.
10. Club licence
(1) A club licence may be a full club licence or a
restricted club licence.
(2) A full club licence authorises the licensee to
30 supply liquor on the licensed premises--
(a) during ordinary trading hours; and
(b) at any other times determined by the
Director and specified in the licence--
15
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 10
Act No.
to a member of the club for consumption on or off
the licensed premises and to an authorised gaming
visitor or a guest of a member for consumption on
the licensed premises.
5 (3) A restricted club licence authorises the licensee to
supply liquor at the times determined by the
Director and specified in the licence to a member
of the club, an authorised gaming visitor or a
guest of a member for consumption on the
10 licensed premises.
(4) A club licence is subject to--
(a) a condition that the rules of the club comply
with Schedule 1 (except to the extent
determined by the Director under section
15 25(1)(a)); and
(b) a condition that the secretary of the club
keep on the licensed premises, in a form and
manner approved by the Director--
(i) a members register containing the name
20 and address of each member of the club
and particulars of payment of the last
subscription for membership paid by
the member; and
(ii) in the case of a club in respect of which
25 a venue operator's licence is in force, a
register of authorised gaming visitors
containing the name and residential
address of each authorised gaming
visitor admitted to the licensed
30 premises and the date of that admission;
and
(c) a condition that the registers be kept open for
inspection at any time by a licensing
inspector, an authorised member of the
35 police force, the Director or a person
16
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 11
Act No.
employed under Part 3 of the Public Sector
Management and Employment Act 1998
in the administration of this Act who is
authorised in writing by the Director; and
5 (d) a condition that the secretary of the club
ensure that there are kept proper accounts
and records of the transactions and affairs of
the club and such other records as will
sufficiently explain the financial operations
10 and financial position of the club; and
(e) the condition set out in section 16
(compliance with planning scheme); and
(f) if the licence authorises the licensee to
supply liquor outside ordinary trading hours,
15 the condition set out in section 17(1); and
(g) any other conditions determined by the
Director and specified in the licence.
(5) Despite sub-section (1), the Director may impose
a condition on a club licence prohibiting the
20 supply of liquor on the licensed premises during
any time that a law other than this Act forbids the
club from trading at the premises.
(6) Despite sub-section (1), a club licence in respect
of licensed premises within an electoral district
25 referred to in clause 17(1) of Schedule 3 does not
authorise the licensee to supply liquor to an
authorised gaming visitor.
11. Packaged liquor licence
(1) A packaged liquor licence authorises the licensee
30 to supply liquor on the licensed premises in sealed
containers, bottles or cans--
(a) during ordinary trading hours; and
(b) at any other times determined by the
Director and specified in the licence--
17
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 12
Act No.
for consumption off the licensed premises.
(2) If--
(a) the licensed premises under a packaged
liquor licence is located within premises
5 used primarily as a supermarket; and
(b) the licensee is the owner of the supermarket
business; and
(c) the Director so determines and specifies in
the licence--
10 the packaged liquor licence also authorises the
licensee to receive payment for liquor supplied on
the licensed premises at any checkout located in
the supermarket if the person receiving the
payment is of or over the age of 18 years.
15 (3) A packaged liquor licence is subject to--
(a) the condition set out in section 16
(compliance with planning scheme); and
(b) if the licence authorises the licensee to
supply liquor outside ordinary trading hours,
20 the condition set out in section 17(1); and
(c) if the licensee is a body corporate, the
condition set out in section 18 (approval of
directors); and
(d) any other conditions determined by the
25 Director and specified in the licence.
12. Pre-retail licence
(1) A pre-retail licence authorises the licensee to
supply liquor at any time and on any premises to a
person who holds a licence under this Act.
30 (2) A pre-retail licence is subject to--
18
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 13
Act No.
(a) if the licensee is a body corporate, the
condition set out in section 18 (approval of
directors); and
(b) any other conditions determined by the
5 Director and specified in the licence.
13. Vigneron's licence
(1) A vigneron's licence authorises the licensee--
(a) to supply on the licensed premises--
(i) during ordinary trading hours; and
10 (ii) at any other times determined by the
Director and specified in the licence--
liquor produced on the licensed premises in
accordance with the licence for consumption
on or off the licensed premises; and
15 (b) to supply at any time and on any premises
liquor produced on the licensed premises in
accordance with the licence to a person who
holds a licence under this Act.
(2) A vigneron's licence is subject to--
20 (a) the condition set out in sub-section (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,
25 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
(e) any other conditions determined by the
30 Director and specified in the licence.
(3) A vigneron's licence is subject to the condition
that wine, cider, brandy or perry produced by the
19
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 14
15
Act No.
licensee is made from fruit grown in Australia
and--
(a) in the case of wine, is to the extent of at least
70% made from fruit grown or fermented by
5 the licensee; and
(b) in the case of cider or perry, is to the extent
of at least 25% made from fruit grown by the
licensee; and
(c) in the case of brandy, is to the extent of at
10 least 70% made from wine distilled by the
licensee.
14. Limited licence
(1) A limited licence authorises the licensee to supply
liquor at the times determined by the Director and
15 specified in the licence.
(2) A limited licence is subject to--
(a) the condition set out in sub-section (3), if
applicable; and
(b) if the licensee is a body corporate, the
20 condition set out in section 18 (approval of
directors); and
(c) any other conditions determined by the
Director and specified in the licence.
(3) If the Director is satisfied that a limited licence is
25 required for the purposes of a club (other than a
club that holds a club licence), the Director must
impose a condition on the licence that liquor
supplied under the licence must be purchased
from the holder of a general licence or packaged
30 liquor licence.
15. BYO permit
20
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 17
Act No.
(1) A BYO permit authorises liquor to be consumed,
possessed or controlled on the premises in respect
of which the permit is granted at the times
determined by the Director and specified in the
5 permit.
(2) A BYO permit is subject to--
(a) a condition that the permittee does not cause
or permit undue detriment to the amenity of
the area to arise out of or in connection with
10 the use of the premises to which the permit
relates during or immediately after the
periods to which the permit relates; and
(b) a condition that the premises are a restaurant
or a club; and
15 (c) the condition set out in section 16
(compliance with planning scheme); and
(d) if the permittee is a body corporate, the
condition set out in section 18 (approval of
directors); and
20 (e) any other conditions, including conditions
relating to entertainment, determined by the
Director and specified in the permit.
16. Licence and permit condition--compliance with
planning scheme
25 (1) Subject to sub-section (2), it is a condition of
every licence and BYO permit that the use of the
licensed premises does not contravene the
planning scheme that applies to the licensed
premises under the Planning and Environment
30 Act 1987.
(2) Sub-section (1) does not apply to a pre-retail
licence or a limited licence.
17. Licence and permit condition--extended hours
21
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Act No.
(1) Subject to sub-section (2), it is a condition of
every licence that authorises the supply of liquor
outside ordinary trading hours that the licensee
does not cause or permit undue detriment to the
5 amenity of the area to arise out of or in connection
with the use of the premises to which the licence
relates during or immediately after the hours
outside ordinary trading hours to which it relates.
(2) Sub-section (1) does not apply to--
10 (a) a general licence that authorises the supply
of liquor outside ordinary trading hours only
as set out in section 8(1)(b) or (c); or
(b) a pre-retail licence; or
(c) a vigneron's licence that authorises the
15 supply of liquor outside ordinary trading
hours only as set out in section 13(1)(b); or
(d) a limited licence.
18. Licence and permit condition--approval of directors
(1) Subject to sub-section (2), it is a condition of
20 every licence or BYO permit held by a body
corporate that a person must not be appointed as,
or otherwise become, a director of the body
corporate without the approval of the Director.
(2) Sub-section (1) does not apply to--
25 (a) a licence or BYO permit held by--
(i) a Council; or
(ii) a university within the meaning of the
Tertiary Education Act 1993; or
22
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 19
Act No.
(iii) a TAFE college within the meaning of
the Vocational Education and
Training Act 1990; or
(b) a club licence.
5 Division 2--Additional Authority of Licences and BYO
Permits
19. 30-minute period for consumption of liquor after
hours
A licence that authorises the supply of liquor
10 during any period for consumption on the licensed
premises or on any authorised premises also
authorises liquor so supplied to be consumed on
those premises during the 30 minutes next after
the expiration of that period.
15 20. Gratuitous supply of liquor
A licence that authorises the licensee to supply
liquor for consumption off the licensed premises
also authorises the licensee to supply liquor
gratuitously for consumption on the premises at
20 any time at which the licensee is authorised to
supply liquor for consumption off the premises.
21. Bringing of liquor onto licensed premises
(1) This section applies if--
(a) a licence authorises the licensee to supply
25 liquor for consumption on licensed premises
or on any authorised premises; and
(b) the predominant activity carried on on the
licensed premises is the preparation and
serving of meals for consumption on the
30 licensed premises; and
23
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 22
Act No.
(c) tables and chairs are 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.
5 (2) If this section applies, the licence authorises a
person of or over the age of 18 years, with the
consent of the licensee, to--
(a) bring liquor onto, or possess or control
liquor on, the premises for consumption with
10 a meal purchased on those premises; and
(b) consume that liquor with that meal; and
(c) take away from the premises any container
brought onto the premises by him or her
containing any such liquor that was not
15 consumed with that meal.
Division 3--Restrictions on Grant of Licences and BYO
Permits
22. Certain premises not to be licensed
(1) The Director must not grant a licence or BYO
20 permit in respect of--
(a) premises used primarily as a drive-in
cinema; or
(b) premises used primarily as a petrol station;
or
25 (c) premises that, in the opinion of the Director,
are used primarily as a milk bar, convenience
store or mixed business; or
(d) premises in a class of premises prescribed
for the purposes of this section.
30 (2) The Director, with the approval of the Minister,
may grant a licence in respect of premises referred
to in sub-section (1)(c) if the Minister is satisfied
24
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 23
Act No.
that the area in which the premises are situated is
a tourist area or an area with special needs and
that there are not adequate existing facilities or
arrangements for the supply of liquor in the area.
5 23. Limit on packaged liquor licences held by the same or
related persons
The Director must not grant or transfer to a person
a packaged liquor licence if, at the time of the
application for the grant or transfer--
10 (a) in the case of a natural person, the person
holds more than 8% of all packaged liquor
licences granted and in force under this Act;
or
(b) in the case of a body corporate, the sum of
15 the number of packaged liquor licences held
by the body corporate and by any related
entities is more than 8% of all packaged
liquor licences granted and in force under
this Act.
20 24. Further restriction on grant of packaged liquor
licence
The Director must not grant a packaged liquor
licence unless satisfied that the predominant
activity to be carried on in the area set aside as the
25 licensed premises is the sale by retail of liquor for
consumption off the licensed premises.
25. Restrictions on grant of club licences
(1) The Director must not grant a club licence unless
satisfied--
30 (a) that the rules of the club comply with
Schedule 1 except to the extent that the
Director determines it is appropriate that
they should not so comply; and
25
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 26
Act No.
(b) in the case of a restricted club licence, that
supplies of liquor for the club will be
purchased only from a person who holds a
general licence or a packaged liquor licence.
5 (2) In deciding whether a club licence should be full
or restricted, the Director must have regard to--
(a) the number of members of the club; and
(b) the standard of the facilities and services that
the club provides; and
10 (c) the number of full-time staff the club
employs; and
(d) the turnover (or estimated turnover) of liquor
purchases at the club; and
(e) the days and hours of operation of the club;
15 and
(f) any other matter that the Director considers
relevant.
26. Restriction on grant of limited licence
The Director may grant a limited licence only if
20 satisfied that the scale and scope of the supply of
liquor the subject of the licence is limited in
nature.
Division 4--Applications for Grant, Variation, Transfer and
Relocation of Licences and BYO Permits
25 27. Who can apply for a licence or BYO permit?
(1) A person who--
(a) is a natural person of or over the age of 18
years or a body corporate (including an
incorporated association, a co-operative or a
30 Council); and
(b) is not disqualified from holding a licence or
BYO permit under this Act--
26
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 28
Act No.
may apply to the Director for a licence or BYO
permit.
(2) A member of the committee of management of a
club that is not a body corporate may apply to the
5 Director for a club licence on behalf of the club.
(3) A member of a partnership of natural persons may
apply to the Director for a licence or BYO permit
on behalf of the partnership.
28. Form of application
10 (1) An application for a licence or BYO permit
must--
(a) be in a form approved by the Director; and
(b) include the prescribed particulars; and
(c) be accompanied by--
15 (i) the prescribed information (if any); and
(ii) the prescribed fee for the licence or
permit.
(2) If a change occurs in the particulars or
information included in or with an application, the
20 applicant must notify the Director of the change
within 14 days.
(3) If the Director requests an applicant to give any
other information, the applicant must comply with
the request.
25 29. Application for variation of licence or BYO permit
(1) An application to the Director for the variation of
a licence or BYO permit may be made by--
(a) the licensee or permittee; or
(b) the Chief Commissioner or a licensing
30 inspector; or
27
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 30
Act No.
(c) the persons referred to in section 32(1)(a) or
(b) in connection with an application for the
transfer of the licence or permit.
(2) A variation of a licence or BYO permit may
5 include--
(a) a variation of the times outside ordinary
trading hours at which the licence or permit
authorises the supply of liquor;
(b) a variation of the size or perimeter of the
10 licensed premises;
(c) a variation of a condition of the licence or
permit (other than a condition imposed by
this Act);
(d) the imposition of a new condition on the
15 licence or permit;
(e) the removal of a condition of the licence or
permit (other than a condition imposed by
this Act).
(3) An application under sub-section (1) must--
20 (a) be in a form approved by the Director; and
(b) include the prescribed particulars; and
(c) be accompanied by--
(i) the prescribed information (if any); and
(ii) (except in the case of an application by
25 the Chief Commissioner or a licensing
inspector) the prescribed variation fee.
(4) If the Director requests an applicant for a variation
of a licence or BYO permit to give any other
information, the applicant must comply with the
30 request.
30. Procedure on application for variation by Chief
Commissioner or licensing inspector
28
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 31
Act No.
If the Chief Commissioner or a licensing inspector
applies to the Director for a variation of a licence
or BYO permit--
(a) the Director must give a copy of the
5 application to the licensee or permittee not
later than 14 days after the application is
received by the Director;
(b) the licensee or permittee, within 14 days
after receiving the copy of the application,
10 may give notice in writing to the Director of
an objection to the application;
(c) the Director must give a copy of any
objection under paragraph (b) to the Chief
Commissioner or the inspector within 7 days
15 after he or she receives the objection.
31. Application for relocation of licence or BYO permit
(1) A licensee or permittee may apply to the Director
for relocation of the licence or BYO permit from
the licensed premises to other premises.
20 (2) An application for relocation must--
(a) be in a form approved by the Director; and
(b) include the prescribed particulars; and
(c) be accompanied by--
(i) the prescribed information (if any); and
25 (ii) the prescribed relocation fee.
32. Application for transfer of licence or BYO permit
(1) An application to the Director for transfer of a
licence or BYO permit from the licensee or
permittee to a person qualified to apply for the
30 licence or permit may be made by--
(a) the licensee or permittee and the proposed
transferee jointly; or
29
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 33
Act No.
(b) the owner or mortgagee of the licensed
premises and the proposed transferee jointly,
if--
(i) the licensee or permittee has been
5 legally evicted from, or has deserted,
the licensed premises; or
(ii) the lease, tenancy or occupation of the
licensed premises has expired or been
determined by any lawful means; or
10 (iii) the licensee or permittee has ceased to
carry on business on the premises and
has refused or neglected to concur in
the application.
(2) An application for transfer must--
15 (a) be in a form approved by the Director; and
(b) include the prescribed particulars; and
(c) be accompanied by--
(i) the prescribed information (if any); and
(ii) the prescribed transfer fee.
20 (3) If the Director requests an applicant for transfer to
give any other information, the applicant must
comply with the request.
33. Copy of application to be given to police and local
council
25 (1) On receiving an application--
(a) for a licence or BYO permit; or
(b) for the variation of a licence or BYO permit
(other than an application by the Chief
Commissioner or a licensing inspector); or
30 (c) for the transfer or relocation of a licence or
BYO permit--
30
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 34
Act No.
the Director must give a copy of the application to
the Chief Commissioner.
(2) On receiving an application--
(a) for a licence; or
5 (b) for the variation of a licence (other than an
application by the Chief Commissioner or a
licensing inspector); or
(c) for the relocation of a licence--
the Director must give a copy to the Council of
10 the municipal district in which the premises or
licensed premises to which the application relates
are situated.
(3) Sub-sections (1) and (2) do not apply to an
application for a limited licence or for the
15 variation, transfer or relocation of a limited
licence, but the Director may give a copy of such
an application to the Chief Commissioner or the
relevant Council if the Director thinks fit.
34. Public display of licence application
20 (1) An applicant for the grant, variation or relocation
of a licence (other than a limited licence) must
ensure that a notice of the application is
continuously displayed on the premises or site to
which the application relates or premises to which
25 the licence is sought to be relocated during the
period of 28 days (or shorter period determined by
the Director) immediately after the application is
made.
(2) The notice must be displayed in a manner that
30 invites public attention to the application.
(3) The Director may require that the size and format
of the notice comply with requirements specified
by the Director.
31
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 34
Act No.
(4) If it is not practicable to display the notice on the
premises or site, it is sufficient compliance with
sub-section (1) if the notice is conspicuously
displayed in accordance with sub-section (2) on
5 any adjoining premises.
(5) An applicant is deemed to have complied with
sub-sections (1), (3) and (4) if the Director is
satisfied--
(a) that the applicant took all reasonable steps to
10 ensure that the notice was continuously and
conspicuously displayed as required under
those sub-sections; and
(b) that any failure to keep the notice so
displayed was not the fault of the applicant.
15 (6) A notice under this section must contain--
(a) the name of the applicant; and
(b) the address of the premises to which the
application relates or to which the licensed
premises are sought to be relocated; and
20 (c) the type of licence to which the application
relates; and
(d) if the application is for a variation of the
times during which the licence authorises the
supply of liquor, the times sought in the
25 application; and
(e) any conditions sought in relation to the
grant, variation or relocation of the licence;
and
(f) any other information required by the
30 Director.
(7) The Director may require an applicant for the
grant, variation or relocation of a limited licence
to display the application in accordance with this
section.
32
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 35
Act No.
35. Advertisement of licence application
(1) The Director may direct an applicant for a licence
or for a variation or relocation of a licence to
cause notice of the application to be advertised in
5 a newspaper, or a newspaper specified by the
Director, circulating in the area--
(a) in which the premises to which the
application relates are or are to be situated;
or
10 (b) to which the licensed premises are sought to
be relocated--
or to be advertised in any other manner the
Director thinks fit.
(2) The Director may refuse to consider an
15 application until a direction under sub-section (1)
is complied with.
36. Notification of particular persons
(1) The Director may direct an applicant for a licence
or for a variation or relocation of a licence to give
20 notice of the application to a specified person or
to persons in a specified area personally or by
post.
(2) The Director may give a direction under sub-
section (1) only if he or she considers that the
25 grant, variation or relocation of the licence may
cause material detriment to the persons to be
notified.
(3) The Director may refuse to consider an
application until a direction under sub-section (1)
30 is complied with.
37. Guidelines
33
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 38
Act No.
The Director must issue guidelines with respect to
the requirements for the display, advertisement
and notification of applications under this
Division.
5 Division 5--Objections
38. Objection on ground of amenity
(1) Any person may object to the grant, variation or
relocation of a licence on the ground that the
grant, variation or relocation would detract from
10 or be detrimental to the amenity of the area in
which the licensed premises or proposed licensed
premises are situated.
(2) An objection must--
(a) be made to the Director in writing within
15 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.
20 (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
25 permittee (including the objector) 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.
30 39. Objection by Chief Commissioner
34
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 40
Act No.
(1) The Chief Commissioner may object to the grant,
variation or relocation of a licence or BYO permit
on any grounds he or she thinks fit.
(2) The Chief Commissioner may object to the
5 transfer of a licence or BYO permit on the ground
that the proposed transferee is not a suitable
person to hold the licence or permit.
(3) An objection must--
(a) be made to the Director in writing within
10 21 days after the day on which a copy of the
application for the grant, variation, transfer
or relocation was given to the Chief
Commissioner under section 33(1); and
(b) state the grounds of, and the reasons for, the
15 objection.
40. Objection by local council
(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
20 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
25 the amenity of the area in which the premises are
situated.
(2) An objection must--
(a) be made to the Director in writing within
30 days after the day on which notice of the
30 application for the grant, variation or
relocation was first displayed under section
34(1); and
(b) state the reasons for the objection.
35
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 41
Act No.
(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;
5 (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.
10 41. Objection to licence by licensing inspector
(1) A licensing inspector may object to the grant,
variation, transfer or relocation of a licence on any
of the following grounds--
(a) in the case of a grant or transfer, that the
15 licensee or proposed licensee is not a
suitable person to hold the licence;
(b) in the case of a grant, variation or
relocation--
(i) that the grant, variation or relocation
20 would detract from or be detrimental to
the amenity of the area in which the
licensed premises or proposed licensed
premises are situated; or
(ii) that the grant, variation or relocation
25 would be conducive to or encourage the
misuse or abuse of alcohol;
(c) in the case of an application in relation to a
club licence, any ground referred to in
section 44(2)(c).
30 (2) A licensing inspector may object to the grant or
transfer of a BYO permit on the ground that the
proposed permittee or transferee is not a suitable
person to hold the permit.
36
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 42
Act No.
(3) An objection must--
(a) be made to the Director in writing within
30 days after the day on which notice of the
application for the grant, variation, transfer
5 or relocation was first displayed under
section 34(1); and
(b) state the grounds of, and the reasons for, the
objection.
(4) None of the following is a valid reason for an
10 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
15 grant, variation or relocation;
(c) that there is insufficient need or demand to
justify the grant, variation or relocation.
42. Director may refuse to accept objection
The Director may refuse to accept an objection if
20 he or she considers that--
(a) in the case of an objection under section 38,
the person making the objection is not
affected by the application; or
(b) the objection is frivolous or vexatious; or
25 (c) the objection is not otherwise in accordance
with this Act.
43. Withdrawal of objection
A person who has made an objection under this
Division may withdraw it at any time.
30 Division 6--Determination of applications
44. Determination of uncontested applications
37
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 44
Act No.
(1) Subject to Division 3, the Director must grant or
refuse to grant an uncontested application at any
time after the expiry of the period for objection
under Division 5 (or that period as extended under
5 section 174).
(2) The Director may refuse to grant an uncontested
application on any of the following grounds--
(a) in the case of a grant or transfer of a licence
or BYO permit, that the applicant or
10 proposed transferee is not a suitable person
to hold or carry on business under the licence
or BYO permit;
(b) in any case--
(i) that the granting of the application
15 would detract from or be detrimental to
the amenity of the area in which the
premises to which the application
relates are situated;
(ii) that the granting of the application
20 would be conducive to or encourage the
misuse or abuse of alcohol;
(iii) if the applicant or proposed transferee
is a natural person--that the applicant
or proposed transferee does not have an
25 adequate knowledge of this Act;
(iv) if the applicant or proposed transferee
is a body corporate--that no director of
the applicant or proposed transferee has
an adequate knowledge of this Act;
30 (v) that the application has not been made,
displayed or advertised in accordance
with this Act;
(c) in the case of an application in relation to a
club licence--
38
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 44
Act No.
(i) that the club is not conducted in good
faith as a club; or
(ii) that the club is kept or habitually used
for any unlawful purpose; or
5 (iii) that the club is used mainly for the
supply of liquor; or
(iv) that liquor purchased by or belonging
to the club has been supplied illegally
whether on the club premises or
10 elsewhere; or
(v) that persons who are not members have
been admitted to the club for the
purpose only of obtaining liquor; or
(vi) that the supply of liquor to the club is
15 not under the control of the
management committee of the club; or
(vii) that any of the rules of the club have
been habitually broken.
(3) Without limiting the reasons why a person is not a
20 suitable person to hold, or carry on business
under, a licence or BYO permit, a person is not a
suitable person to hold, or carry on business
under, a licence or BYO permit if the person or, if
the person is a body corporate, any director of the
25 person has, within the preceding 3 years--
(a) been convicted, whether in Victoria or
elsewhere, of an offence of supplying liquor
without a licence or of supplying adulterated
liquor or of an offence against any law
30 relating to customs or excise; or
(b) engaged in activities involving the trading in
or marketing of liquor in a manner contrary
to the provisions of this Act.
39
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 45
Act No.
(4) The Director may make any enquiries concerning
an uncontested application he or she thinks fit, but
is not required to give any person an opportunity
to be heard concerning the application.
5 45. Referral of contested applications to Panel
The Director must refer a contested application
and each objection to it to the Panel for
consideration and report.
46. What does the Panel do?
10 (1) The Panel must consider each contested
application and give the applicant and each
objector a reasonable opportunity to be heard.
(2) Hearings of the Panel are to be conducted in
accordance with Division 3 of Part 9.
15 (3) The Panel must report its findings to the Director.
(4) In its report, the Panel--
(a) must make a recommendation as to whether
or not the application should be granted; and
(b) may make any other recommendations it
20 thinks fit concerning the application.
(5) The Panel's report must contain the reasons for the
recommendations under sub-section (4).
47. Determination of contested application after Panel
report
25 (1) Subject to Division 3, the Director must grant or
refuse to grant a contested application after giving
full consideration to the recommendations of the
Panel under section 46(4).
(2) The Director may refuse to grant a contested
30 application on any of the grounds set out in
40
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 48
Act No.
section 44(2) and section 44(3) applies
accordingly.
(3) The Director may make any enquiries concerning
a contested application he or she thinks fit, but is
5 not required to give any person an opportunity to
be heard concerning the application.
48. Director may permit amendments and disregard
errors
In deciding whether to grant or refuse to grant an
10 application, the Director may--
(a) permit the amendment of the application or
of any information given to the Director in
connection with the application; and
(b) disregard any omission, error, defect or
15 insufficiency in the application or any
information given to the Director in
connection with the application; and
(c) disregard any failure, defect or insufficiency
in displaying, advertising or giving notice of
20 the application.
49. Licence and BYO permit conditions
The Director may impose any conditions he or she
thinks fit on the grant of an application, including
a condition that the grant is not effective until any
25 requirements specified in the grant have been met.
50. Period of licence or BYO permit
(1) Subject to this Act, a licence or BYO permit has
effect on the day on which it is granted and
continues in force until the end of the calendar
30 year in which it is granted.
(2) A limited licence or restricted club licence may be
expressed to have effect and continue in force in
accordance with its terms.
41
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 51
Act No.
51. Form of licence or BYO permit and endorsements
(1) A licence or BYO permit is to be in the form
approved by the Director.
(2) If a licence or BYO permit is varied, relocated or
5 transferred under this Part or a nominee is
approved under section 54, the Director must
endorse the licence or permit to that effect.
52. Copy of licence or BYO permit
The Director may, on application by a licensee or
10 permittee and payment of the prescribed fee, issue
to the licensee or permittee a copy of the licence
or BYO permit, or of part of the licence or permit,
with the word "copy" marked on it.
53. Liability of joint and incorporated licensees or
15 permittees and unincorporated clubs
(1) If a licence or BYO permit is granted or
transferred to two or more persons, those persons
are severally liable as licensee or permittee.
(2) If a licence or BYO permit is granted or
20 transferred to a body corporate, the directors of
the body corporate are severally liable as licensee
or permittee.
(3) If a club licence is granted to a person on behalf
of an unincorporated club, the members of the
25 committee of management of the club are
severally liable as licensee.
(4) Sub-section (2) or (3) does not apply at any time
when a nominee of the body corporate or club (as
the case requires) is in place under section 54.
30 (5) Nothing in sub-section (4) affects or limits the
application of Part 6.
42
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 54
Act No.
54. Nominee of licensee or permittee
(1) A licensee or permittee that is a body corporate
may apply to the Director for the approval of a
person as nominee of the licensee or permittee.
5 (2) A person who holds a club licence on behalf of an
unincorporated club may apply to the Director for
the approval of a person as nominee of the club.
(3) The Director must give a copy of the application
to the Chief Commissioner.
10 (4) The Chief Commissioner may object to the
application on the ground that the person is not a
suitable person to be the nominee of the licensee
or permittee.
(5) An objection must--
15 (a) be made to the Director in writing within
21 days after the day on which a copy of the
application was given to the Chief
Commissioner; and
(b) state the reasons for the objection.
20 (6) After the end of the period specified in sub-
section (5)(a) (or that period as extended under
section 174), the Director must grant the
application if satisfied that the person is a suitable
person to be the nominee of the licensee or
25 permittee.
(7) In making his or her decision, the Director must
consider any objection made under sub-section
(4).
(8) Section 44(3) applies to the determination of an
30 application under this section.
43
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 55
Act No.
(9) A person approved as nominee under this section
is liable as if he or she were the licensee or
permittee.
55. Transfer of club licence to incorporated association
5 If a copy of a certificate of incorporation of a club
under the Associations Incorporation Act 1981
is lodged with the Director, a club licence held on
behalf of the club before that incorporation is
deemed to have been transferred to the
10 incorporated association and the Director must
amend the licence or permit accordingly.
56. Concurrent dealing with transfer and relocation
If an applicant for relocation of a licence or BYO
permit is also, together with a proposed transferee,
15 an applicant for the transfer of the licence or
permit, the application for relocation is to be dealt
with at the same time as the application for
transfer.
57. Effect of transfer or relocation
20 (1) A transfer of a licence or BYO permit operates as
a like licence or BYO permit granted to the
transferee--
(a) for the residue of the term for which the
licence or BYO permit was granted to the
25 transferor; or
(b) if the transfer takes place after application
for renewal of the licence or BYO permit has
been made and before the date of operation
of that renewal--for the period for which the
30 licence or BYO permit is to be renewed.
(2) If the Director grants an application for the
relocation of a licence or BYO permit, the licence
44
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 58
Act No.
or permit has effect as if it had been granted in
respect of the premises to which it is relocated.
Division 7--Variation of Licence or BYO Permit by Director
58. Variation of licence or BYO permit at initiative of
5 Director
(1) The Director, at his or her own initiative, may
vary a licence or BYO permit in accordance with
this section.
(2) A variation under this section may include--
10 (a) a variation of the times outside ordinary
trading hours at which the licence or permit
authorises the supply of liquor;
(b) a variation of the size or perimeter of the
licensed premises;
15 (c) a variation of a condition of the licence or
permit (other than a condition imposed by
this Act);
(d) the imposition of a new condition on the
licence or permit;
20 (e) the removal of a condition of the licence or
permit (other than a condition imposed by
this Act).
(3) If the Director proposes to vary a licence or BYO
permit, he or she must give the licensee or
25 permittee written notice of the proposed variation.
(4) Within 21 days after notice is given to the licensee
or permittee under sub-section (3), the licensee or
permittee may give the Director written notice of
objection to the proposed variation.
45
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 59
Act No.
(5) If the licensee or permittee gives notice of
objection in accordance with sub-section (4), the
Director must not vary the licence or permit
unless the Director--
5 (a) has given the licensee or permittee a
reasonable opportunity to make written and
oral submissions in relation to the objection;
and
(b) has considered any submissions so made.
10 Division 8--Renewal of Licences and BYO Permits
59. Licence to be renewed within 21 days
(1) If, not later than 21 days after the day on which,
but for this section, a licence or BYO permit
would cease to be in force, the licensee or
15 permittee pays the prescribed renewal fee in
respect of the licence or permit, the licence or
permit is renewed accordingly.
(2) The licence or BYO permit remains in force from
the day on which it would otherwise cease to be in
20 force until the day on which it is renewed in
accordance with sub-section (1).
60. Licence renewal after 21 days
(1) If a licence or BYO permit is not renewed in
accordance with section 59(1), the former licensee
25 or permittee may apply to the Director for renewal
of the licence or permit under this section.
(2) An application under this section--
(a) must be made by 30 June next following the
day on which the licence or permit ceased to
30 be in force; and
(b) must be in a form approved by the Director;
and
46
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 61
Act No.
(c) must be accompanied by the prescribed
renewal fee.
(3) The Director must renew a licence or permit on
application made in accordance with sub-section
5 (2).
(4) A licence or permit that is renewed in accordance
with this section--
(a) in the case of a limited licence or a restricted
club licence, takes effect on the day, and for
10 the period, specified in the licence;
(b) in any other case--
(i) takes effect on the day on which it is
renewed; and
(ii) remains in force, subject to section 59,
15 until the end of the calendar year in
which it is renewed.
61. Notice of failure to renew licence or BYO permit
(1) If a licensee or permittee fails to apply for renewal
of the licence or BYO permit by 30 June next
20 following the day on which the licence or permit
ceased to be in force, the Director must give
notice of the failure to the owner or mortgagee of
the licensed premises or to any other person who,
to his or her knowledge, may be prejudicially
25 affected by the failure.
(2) Sub-section (1) does not apply to the failure to
renew a limited licence.
62. Power to owner and others to renew licence
(1) If a licensee or permittee has failed to renew the
30 licence or BYO permit by 30 June next following
the day on which the licence or permit ceased to
be in force--
47
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 62
Act No.
(a) the owner of the licensed premises (if he or
she was not that licensee or permittee); or
(b) a mortgagee of the licensed premises; or
(c) any other person prejudicially affected by the
5 failure--
may apply to the Director for renewal of the
licence in the name of the applicant or a person
nominated by the applicant if the applicant is
entitled to possession of the premises.
10 (2) An application under sub-section (1) must be--
(a) made by 30 September next following the
day on which the licence or permit ceased to
be in force or within such later time as the
Director determines; and
15 (b) in a form approved by the Director; and
(c) accompanied by the prescribed renewal fee.
(3) The Director must give a copy of an application
under this section to the Chief Commissioner.
(4) The Chief Commissioner may object to the
20 application on the ground that the applicant or
nominated person is not a suitable person to hold
the licence or permit.
(5) An objection must--
(a) be made to the Director in writing within
25 21 days after the day on which a copy of the
application was given to the Chief
Commissioner; and
(b) state the reasons for the objection.
(6) After the period referred to in sub-section (5)(a)
30 (or that period as extended under section 174) has
expired, the Director may grant a renewal of the
licence or BYO permit to the applicant or
nominated person, after considering any objection
48
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 63
Act No.
made under sub-section (4), if satisfied that the
applicant or nominated person is a suitable person
to hold the licence or permit.
(7) Section 44(3) applies to the determination of an
5 application under this section.
(8) This section does not apply to a limited licence.
Division 9--Surrender and Lapse of Licence or BYO Permit
63. Surrender of licence or BYO permit
(1) A licensee or permittee may apply to the Director
10 to surrender the licence or BYO permit.
(2) The Director must give notice of the application to
any person to whom the Director considers the
surrender would cause material detriment.
(3) A person who is given notice under sub-section
15 (2) may make a written objection to the Director
within 14 days stating the grounds of the
objection.
(4) After the period referred to in sub-section (3) (or
that period as extended under section 174) has
20 expired, the Director--
(a) must accept the surrender if no objections
have been made; or
(b) if any objection has been received, must
decide whether or not to accept the surrender
25 after considering the objection.
64. Release of licensee or permittee
(1) A licensee or permittee who desires to vacate
licensed premises of which the licensee or
permittee has been a tenant may apply to the
30 Director for release from their obligations under
this Act.
49
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 65
Act No.
(2) On an application under sub-section (1), the
Director, if satisfied that the tenancy of the
premises has expired, may--
(a) release the licensee or permittee from their
5 obligations under this Act in respect of the
licensed premises; and
(b) suspend the licence or BYO permit until it
has been transferred or another person has
been authorised under this Act to carry on
10 the business under the licence or permit.
65. Partner leaving partnership
(1) If the Director is satisfied that a member of a
partnership that is a licensee or permittee has left
the licensed premises and has no intention of
15 returning to the premises to take up his or her
duties as a licensee or permittee, the Director may
remove the name of that person from the licence
or BYO permit.
(2) If a person's name is removed from a licence or
20 BYO permit under sub-section (1)--
(a) the remaining members of the partnership
are deemed to be the licensees or permittees;
or
(b) if the partnership is dissolved, the former
25 member or members remaining in
occupation of the licensed premises are
deemed to be the licensees or permittees.
66. Licence or permit lapses if not endorsed
If a licensee or permittee--
30 (a) dies; or
(b) becomes an insolvent under administration;
or
50
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 66
Act No.
(c) becomes a represented person within the
meaning of the Guardianship and
Administration Act 1986; or
(d) becomes an externally-administered body
5 corporate within the meaning of the
Corporations Law--
the licence or BYO permit ceases to have force at
the end of the period of 90 days after the
happening of the event or such longer period as
10 the Director in any particular case allows, unless
the licence or permit is endorsed under Part 4.
_______________
51
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 67
Act No.
PART 3--SPECIAL PROCEDURES FOR CERTAIN
LICENCES
Division 1--Club Licences for Amalgamated Clubs
67. Application by amalgamated club for a club licence
5 (1) If two or more clubs, at least one of which holds a
club licence, amalgamate under Part VII of the
Associations Incorporation Act 1981, the
amalgamated club may apply to the Director
under this Division for a club licence.
10 (2) An application must--
(a) be in the form, and include the particulars,
approved by the Director; and
(b) state the conditions that the amalgamated
club wishes the licence to be subject to; and
15 (c) be accompanied by--
(i) a copy of the certificate of
incorporation and the rules of the
amalgamated club; and
(ii) any other information required by the
20 Director; and
(iii) the prescribed fee.
(3) The Director must give a copy of the application
to the Chief Commissioner.
(4) The following provisions of this Act do not apply
25 to an application under this section--
(a) Divisions 4 and 5 of Part 2 (applications and
objections);
(b) Division 6 of Part 2 (determination of
applications), except sections 48, 49, 50, 51,
30 52, 53 and 54).
52
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 68
Act No.
68. Objection to grant of licence to amalgamated club
(1) The Chief Commissioner may object to an
application under section 67 on any ground he or
she thinks fit.
5 (2) A licensing inspector may object to an application
under section 67 on any ground referred to in
section 41(1).
(3) An objection must--
(a) be made to the Director in writing within
10 14 days after the day on which a copy of the
application was given to the Chief
Commissioner; and
(b) state the grounds of, and the reasons for, the
objection.
15 69. Grant of licence to amalgamated club
(1) After the period referred to in section 68(3)(a) (or
that period as extended under section 174) has
expired, the Director may grant a club licence to
the applicant if satisfied--
20 (a) that the application was made in accordance
with this Division; and
(b) that the rules of the applicant comply with
Schedule 1 (except to the extent that the
Director determines it is appropriate that
25 they should not so comply); and
(c) that it is appropriate to grant the application
in the circumstances.
(2) In making his or her decision, the Director must
consider any objection made under section 68.
53
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 70
Act No.
70. Division does not affect Division 4 of Part 2
Nothing in this Division prevents an amalgamated
club from applying for a club licence in
accordance with Division 4 of Part 2.
5 Division 2--Casino premises
71. Definitions
In this Division--
"Authority" has the same meaning as in the
Casino Control Act 1991;
10 "casino area" means the Melbourne Casino area
or the temporary casino site within the
meaning of the Casino Control Act 1991;
"casino operator" has the same meaning as in
the Casino Control Act 1991.
15 72. Application of Division
This Division applies to an application by a casino
operator for--
(a) the grant or variation of an on-premises
licence in respect of premises within the
20 casino area approved by the Authority; or
(b) the relocation of such a licence to other
premises within the casino area approved by
the Authority.
73. Requirements for an application to which this
25 Division applies
(1) An application to which this Division applies
must be accompanied by copies of plans of the
premises to which the application relates showing
to the satisfaction of the Director the area or
30 proposed area of the licensed premises.
(2) The following provisions of this Act do not apply
to an application to which this Division applies--
54
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 74
77
Act No.
(a) section 28(1)(c)(i) (information to
accompany application);
(b) sections 33, 34, 35 and 36 (notification,
display and advertisement requirements);
5 (c) Division 5 of Part 2 (objections);
(d) sections 44, 45, 46 and 47 (determination of
applications).
74. Grant of application
If the Director is satisfied that a casino operator
10 has made an application to which this Division
applies in accordance with this Act, the Director
must grant the application.
Division 3--Australian Grand Prix
75. Definitions
15 In this Division--
"declared area" and "race period" in respect of
a year, have the same respective meanings as
in the Australian Grands Prix Act 1994;
"Corporation" means the Australian Grand Prix
20 Corporation established under that Act.
76. Application of Division
This Division applies to an application by the
Corporation or a person with the consent of the
Corporation for the grant of a limited licence for
25 the whole or any part of the race period for a year
in respect of premises within the declared area in
respect of that year.
77. Requirements for an application to which this
Division applies
55
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 79
Act No.
(1) An application to which this Division applies
must be accompanied by copies of plans of the
premises to which the application relates showing
to the satisfaction of the Director the area or
5 proposed area of the licensed premises.
(2) The Director must give a copy of each application
to which this Division applies to the Chief
Commissioner.
(3) The following provisions of this Act do not apply
10 to an application to which this Division applies--
(a) section 28(1)(c)(i) (information to
accompany application);
(b) sections 33, 34, 35 and 36 (notification,
display and advertisement requirements);
15 (c) Division 5 of Part 2 (objections);
(d) sections 44, 45, 46 and 47 (determination of
applications).
78. Objection by Chief Commissioner
(1) The Chief Commissioner may object to the grant
20 of an application to which this Division applies on
any grounds he or she thinks fit.
(2) An objection must--
(a) be made to the Director in writing within
21 days after the day on which a copy of the
25 application was given to the Chief
Commissioner under section 77(2); and
(b) state the grounds of, and the reasons for, the
objection.
79. Grant of application
56
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Act No.
(1) If no objection to an application under this
Division is received within the period referred to
in section 78(2)(a) (or that period as extended
under section 174), the Director must grant the
5 application if satisfied that it was made in
accordance with this Act.
(2) If an objection to an application under this
Division is received within the period referred to
in section 78(2)(a) (or that period as extended
10 under section 174), the Director must grant or
refuse the application after considering the
objection.
_______________
57
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 80
Act No.
PART 4--AUTHORISATION OF OTHERS TO CARRY ON
LICENSED BUSINESS
80. Application by executors, trustees and administrators
for endorsement on licence or BYO permit
5 (1) Any of the following persons may apply to the
Director to have their name or the name of their
agent endorsed on a licence or BYO permit--
(a) a person who is, or intends to become, the
legal personal representative of a deceased
10 licensee or permittee;
(b) the guardian or administrator appointed
under the Guardianship and
Administration Act 1986 in respect of a
licensee or permittee who is a represented
15 person within the meaning of that Act;
(c) subject to sub-section (2), the official
receiver, trustee or assignee of a licensee or
permittee who becomes an insolvent under
administration;
20 (d) subject to sub-section (2), a person who is
administering a licensee or permittee that is
an externally-administered body corporate
within the meaning of the Corporations Law.
(2) A person referred to in paragraph (c) or (d) of sub-
25 section (1) may apply under that sub-section only
if they are in possession of the licensed premises.
81. Application by owner or mortgagee of licensed
premises for endorsement on licence or BYO permit
The owner or a mortgagee of licensed premises
30 may apply to the Director to have their name or
the name of their agent endorsed on a licence or
BYO permit if--
58
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 82
Act No.
(a) the licensee or permittee has been legally
evicted from, or has deserted, the licensed
premises; and
(b) the owner or mortgagee is in possession of
5 the licensed premises.
82. Application procedure
(1) An application under section 80 or 81 must--
(a) be in the form, and contain the particulars,
approved by the Director; and
10 (b) be accompanied by the prescribed fee.
(2) The Director must give a copy of each application
under section 80 or 81 to the Chief Commissioner.
83. Objection by Chief Commissioner
(1) The Chief Commissioner may object to the grant
15 of an application under section 80 or 81 on the
ground that the applicant or agent is not a suitable
person to carry on business under the licence or
BYO permit.
(2) An objection must--
20 (a) be made to the Director in writing within
21 days after the day on which a copy of the
application was given to the Chief
Commissioner under section 82(2); and
(b) state the reasons for the objection.
25 84. Grant of application
(1) After the end of the period specified in section
83(2)(a) (or that period as extended under section
174), the Director must grant the application if
satisfied--
30 (a) that it was made in accordance with this Part;
and
59
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 85
Act No.
(b) that the applicant or agent is a suitable
person to carry on business under the licence
or BYO permit.
(2) In making his or her decision, the Director must
5 consider any objection made under section 83.
(3) Section 44(3) applies to the determination of an
application under this section.
85. Endorsement at initiative of Director
If--
10 (a) a licensee or permittee--
(i) dies; or
(ii) becomes a represented person within
the meaning of the Guardianship and
Administration Act 1986; or
15 (iii) becomes an insolvent under
administration; or
(iv) becomes an externally-administered
body corporate within the meaning of
the Corporations Law; and
20 (b) an application is not made under section 80
for endorsement of the licence or BYO
permit--
the Director may endorse the licence or permit
with the name of a person nominated by the
25 Director.
86. Effect of endorsement
A person whose name is endorsed on a licence or
BYO permit under this Part or under section 93--
(a) may carry on the business under the licence
30 or permit; and
(b) is liable under this Act as if the person were
the licensee or permittee; and
60
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 86
Act No.
(c) may apply for renewal of the licence or
permit under Division 8 of Part 2 in the
person's name as if the person were the
licensee or permittee.
5 _______________
61
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 87
Act No.
PART 5--TRIBUNAL REVIEWS
87. Application for review of licence and permit decisions
(1) Any of the following may apply to the Tribunal
for review of a decision of the Director in respect
5 of an application for the grant, variation, transfer
or relocation of a licence or BYO permit,
including a decision to impose a condition on the
grant, variation, transfer or relocation--
(a) the applicant;
10 (b) a person who made an objection to the
application under this Act;
(c) a person who requested the Director to
extend time for making an objection, or to
accept a late objection, to the application
15 under section 174.
(2) A licensee or permittee may apply to the Tribunal
for review of a decision of the Director under
Division 7 of Part 2 to vary the licence or BYO
permit.
20 88. Application for review of other decisions
(1) A person who made an application under section
54, 62, 63, 64, 80, 81 or 104 may apply to the
Tribunal for review of a decision of the Director
in respect of the application.
25 (2) A person who requests the Director's consent
under section 105 or 106 may apply to the
Tribunal for review of a decision of the Director
in respect of that request.
(3) A person who requests the Director's approval
30 under section 120(2) may apply to the Tribunal
for review of a decision of the Director in respect
of that request, including a decision to impose any
conditions on the approval.
62
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 89
Act No.
89. Time limit for applying for review
An application for review must be made within
28 days after the later of--
(a) the day on which the decision is made;
5 (b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for
the decision, the day on which the statement
of reasons is given to the person or the
10 person is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
_______________
63
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 90
Act No.
PART 6--INQUIRIES AND DISCIPLINARY PROVISIONS
Division 1--Inquiries
90. Application for inquiry
(1) If a person referred to in sub-section (2) considers
5 that a licensee or permittee--
(a) has contravened the licence or BYO permit
or a condition of the licence or permit; or
(b) has contravened a condition of any other
approval or consent of the Director under
10 this Act; or
(c) has been convicted of an offence under this
Act; or
(d) has been convicted of an offence under the
Health Act 1958 relating to adulterated
15 liquor; or
(e) has been convicted of an offence under the
Police Regulation Act 1958 relating to
bribery of a member of the police force; or
(f) has been convicted, whether in Victoria or
20 elsewhere, of an offence punishable by a
maximum term of imprisonment of 3 years
or more; or
(g) has knowingly assisted a person to breach a
disqualification order made under section 92;
25 or
(h) has paid a penalty for an offence for which
an infringement notice under this Act has
been issued; or
(i) has obtained the licence or BYO permit by
30 fraud or false representations; or
64
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 91
Act No.
(j) has conducted the business under the licence
or BYO permit, or allowed it to be
conducted, in a manner that detracts from or
is detrimental to the amenity of the area in
5 which the licensed premises are situated; or
(k) is otherwise not a suitable person to hold a
licence or BYO permit--
the person may apply to the Tribunal to conduct
an inquiry into the licensee or permittee.
10 (2) The persons who may apply under this section
are--
(a) the Director;
(b) the Chief Commissioner;
(c) a licensing inspector;
15 (d) the Council of the municipal district in
which the licensed premises are situated.
(3) A reference in sub-section (1)(f) to the maximum
term of imprisonment for an offence, in the case
of an indictable offence that may be heard and
20 determined summarily under section 53(1) of the
Magistrates' Court Act 1989, is a reference to
the maximum term of imprisonment for the
offence if it were not dealt with summarily.
91. What may Tribunal do on an inquiry?
25 (1) After conducting an inquiry under this Division
and if satisfied that any of the grounds set out in
section 90(1) exist, the Tribunal--
(a) if section 90(1)(f) applies--must make an
order--
30 (i) cancelling the licence or permit; or
(ii) suspending the licence or permit for the
period specified by the Tribunal; or
65
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 91
Act No.
(iii) endorsing the licence or permit under
section 93.
(b) in any other case--may make any one or
more of the following orders--
5 (i) an order cancelling the licence or
permit;
(ii) an order suspending the licence or
permit for the period specified by the
Tribunal;
10 (iii) an order endorsing the licence or permit
under section 93;
(iv) an order imposing a fine not exceeding
$10 000 on the licensee or permittee;
(v) an order varying the licence or permit.
15 (2) An order varying the licence or BYO permit may
include--
(a) a variation of the times outside ordinary
trading hours at which the licence or permit
authorises the supply of liquor;
20 (b) a variation of the size or perimeter of the
licensed premises;
(c) a variation of a condition of the licence or
permit (other than a condition imposed by
this Act);
25 (d) the imposition of a new condition on the
licence or permit;
(e) the removal of a condition of the licence or
permit (other than a condition imposed by
this Act).
66
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 92
Act No.
92. Disqualification
(1) If satisfied that a ground for making an order
under section 91 exists, the Tribunal may also
order that the licensee or permittee or any director
5 or nominee of the licensee or permittee (if it is a
body corporate) or any member of the committee
of management or nominee of the licensee or
permittee (if it is a club) or any person who,
whether directly or indirectly, is concerned in or
10 takes part in the management of licensed premises
be disqualified--
(a) from holding a licence or BYO permit;
(b) from being a director in any body corporate
that holds a licence or BYO permit;
15 (c) from being a partner in any partnership that
holds a licence or BYO permit;
(d) from having a beneficial interest (whether
directly or indirectly) in the shares of any
body corporate that holds a licence or BYO
20 permit;
(e) from in any way (whether directly or
indirectly) taking part in, or being concerned
in, the management of any licensed premises
or any body corporate that holds a licence or
25 BYO permit or any licensed club;
(f) from being employed by any licensed club or
any person that holds a licence or BYO
permit.
(2) The Tribunal may disqualify a person in all or any
30 of the ways listed in sub-section (1) and may
make an order under this section even though it
does not make any order under section 91.
(3) In imposing a disqualification, the Tribunal must
specify the period for which the disqualification is
35 to apply.
67
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 93
Act No.
93. Endorsement of licence or permit by Tribunal
(1) In any inquiry, the Tribunal may make an order
for the endorsement of the name of the owner or a
mortgagee of the licensed premises or their agent
5 on the licence or BYO permit if the Tribunal is
satisfied--
(a) that a ground for making an order under
section 91 exists; and
(b) that the owner or mortgagee is in possession,
10 or has the legal right to possession, of the
licensed premises; and
(c) that the owner, mortgagee or agent (as the
case may be) is a suitable person to carry on
business under the licence or BYO permit.
15 (2) An order under this section may be made on the
application of the owner or mortgagee or on the
Tribunal's own initiative.
(3) If the Tribunal makes an order under this section,
the Director must endorse the licence or permit to
20 that effect.
Division 2--Licence or permit cancellation or suspension in
other circumstances
94. Application by Director
If the Director is satisfied--
25 (a) that the continuation in force of a licence or
BYO permit would detract from or be
detrimental to the amenity of the area in
which the licensed premises are situated; or
(b) that, during a continuous period of 12
30 months, a licence or BYO permit has not
been used--
68
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 95
Act No.
the Director may apply to the Tribunal for an
order cancelling or suspending the licence or
permit.
95. Application by others
5 (1) If a person referred to in sub-section (2) considers
that the continuation in force of a licence or BYO
permit would detract from or be detrimental to the
amenity of the area in which the licensed premises
are situated, the person may apply to the Tribunal
10 for an order cancelling or suspending the licence
or permit.
(2) The persons who may apply under this section
are--
(a) the Chief Commissioner;
15 (b) a licensing inspector;
(c) the Council of the municipal district in
which the licensed premises are situated.
96. Cancellation or suspension by Tribunal
(1) If the Tribunal on an application under section 94
20 or 95 is satisfied that the grounds set out in the
application exist, the Tribunal may make an
order--
(a) cancelling the licence or BYO permit; or
(b) suspending the licence or permit for the
25 period specified by the Tribunal; or
(c) varying the licence or permit.
(2) Section 91(2) applies for the purposes of sub-
section (1)(c).
Division 3--Effect of Suspension
69
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 97
Act No.
97. Effect of suspension of licence or permit
(1) A licensee who supplies liquor under a licence
that is suspended under this Act, is deemed not to
be a licensee for the purposes of section 107.
5 (2) If a BYO permit is suspended, it is deemed not to
be in force in respect of any premises for the
purposes of section 113(1)(c) or (d).
_______________
70
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 98
Act No.
PART 7--OBLIGATIONS OF OWNERS, MORTGAGEES,
LICENSEES AND PERMITTEES
98. Owners and mortgagees of licensed premises
A person who is the owner or a mortgagee of
5 licensed premises--
(a) must register with the Director their name
and their address for service within Victoria;
and
(b) must notify any change of address to the
10 Director.
Penalty: 5 penalty units.
99. Refreshments to be available
The licensee under a licence that authorises the
licensee to supply liquor for consumption on the
15 licensed premises or on any authorised premises
must have available on those premises for
purchase, and must provide on request,
refreshments at any time at which liquor is
available for supply.
20 Penalty: 5 penalty units.
100. Residents' register
A licensee under a general licence or an
on-premises licence relating to licensed premises
where accommodation for residents is provided--
25 (a) must keep a residents' register in a form
approved by the Director;
(b) must cause to be entered in the register the
particulars determined by the Director
relating to residents of the licensed premises;
71
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 101
Act No.
(c) must keep the register on the licensed
premises;
(d) must not make or cause or permit to be made
in the register any false or misleading entry.
5 Penalty: 10 penalty units.
101. Copy of licence or permit to be displayed on premises
A licensee or permittee must cause a copy of the
licence or BYO permit to be displayed in a
conspicuous place on the licensed premises in a
10 manner that invites public attention.
Penalty: 5 penalty units.
102. Notices required by the Director must be displayed
(1) A licensee or permittee must cause to be displayed
on the licensed premises any notice that the
15 Director requires the licensee or permittee to
display.
Penalty: 5 penalty units.
(2) In displaying a notice, the licensee or permittee
must comply with any requirements imposed by
20 the Director concerning the size, format or manner
of display of the notice.
Penalty: 5 penalty units.
103. Change of directors
(1) If a person ceases to be a director of a body
25 corporate that is a licensee or permittee, the
licensee or permittee must notify the Director in
writing within 14 days after the person so ceases.
Penalty: 5 penalty units.
72
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 104
Act No.
(2) A body corporate that is a licensee or permittee
must not appoint a person as, or allow a person to
become, a director of the body corporate without
the approval of the Director under section 104.
5 Penalty: 5 penalty units.
(3) This section does not apply to--
(a) a licensee or permittee that is--
(i) a Council; or
(ii) a university within the meaning of the
10 Tertiary Education Act 1993; or
(iii) a TAFE college within the meaning of
the Vocational Education and
Training Act 1990; or
(b) a licensee under a club licence.
15 104. Approval of directors
(1) A licensee or permittee that is a body corporate
may apply to the Director for the approval of a
person to be a director of the licensee or
permittee.
20 (2) The Director must give a copy of an application
under this section to the Chief Commissioner.
(3) The Chief Commissioner may object to the
application on the ground that the person is not a
suitable person to be a director of the licensee or
25 permittee.
(4) An objection must--
(a) be made to the Director in writing within
21 days after the day on which a copy of the
application was given to the Chief
30 Commissioner; and
(b) state the reasons for the objection.
73
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 105
Act No.
(5) After the period referred to in sub-section (4)(a)
(or that period as extended under section 174) has
expired, the Director must approve or refuse to
approve the person as a director, after considering
5 any objection made under sub-section (3).
105. No letting or sub-letting without consent
(1) A licensee or permittee must not let or sub-let any
part of the licensed premises or the right to supply
liquor without the consent of the Director.
10 Penalty: 20 penalty units.
(2) The Director may require the licensee or permittee
to give notice of a request for consent under this
section to a specified person, or persons in a
specified area, in the manner approved by the
15 Director.
(3) The Director may--
(a) consent in writing under this section and
impose any conditions he or she thinks fit on
that consent, including a condition that the
20 consent is not effective until any
requirements specified in it have been met;
or
(b) refuse consent.
(4) In doing so, the Director must consider any
25 objections or representations made to him or her
against the giving of consent.
(5) The consent of the Director is valid for the period
specified in the consent.
106. Control of business of supply of liquor
30 (1) A licensee or permittee must not--
(a) permit any other person to carry on a
business of supplying liquor on the licensed
premises; or
74
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 106
Act No.
(b) permit any person who is not employed by
the licensee or permittee to be engaged in the
carrying on of such a business--
except in accordance with the consent of the
5 Director given to the licensee or permittee.
Penalty: 20 penalty units.
(2) The Director may require the licensee or permittee
to give notice of a request for consent under this
section to a specified person, or persons in a
10 specified area, in the manner approved by the
Director.
(3) The Director may--
(a) consent in writing under this section and
impose any conditions he or she thinks fit on
15 that consent, including a condition that the
consent is not effective until any
requirements specified in it have been met;
or
(b) refuse consent.
20 (4) In doing so, the Director must consider any
objections or representations made to him or her
against the giving of consent.
(5) The consent of the Director is valid for the period
specified in the consent.
25 _______________
75
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 107
Act No.
PART 8--OFFENCES AND ENFORCEMENT
Division 1--General Offences
107. Unlicensed selling of liquor
(1) A person who is not a licensee must not sell
5 liquor.
Penalty: 50 penalty units or imprisonment for
12 months.
(2) Sub-section (1) does not apply to the sale of liquor
by an employee or agent of a licensee if the sale is
10 in accordance with the licence and this Act.
(3) If a person is convicted of an offence under this
section, the court must also order all liquor which
is found in the possession of the person and the
vessels containing it to be forfeited.
15 (4) For the purposes of this section, proof of
consumption or intended consumption of liquor
on any premises by a person other than the
occupier of the premises is, as against the
occupier, evidence that the liquor was sold to the
20 person consuming or intending to consume it.
(5) The fact of there being on any premises more
liquor than is reasonably required for the use of
the persons residing on those premises is evidence
of the sale of liquor by the occupier.
25 (6) Sub-sections (4) and (5) do not apply to premises
if the court is satisfied that the premises are used
solely for residential purposes.
108. Offences by licensee and permittee
(1) A licensee or permittee--
30 (a) must not, except in accordance with the
licence or BYO permit and this Act--
76
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 108
Act No.
(i) supply liquor; or
(ii) permit or cause liquor to be supplied; or
(iii) permit liquor to be consumed--
on the licensed premises or on any
5 authorised premises;
(b) must not use any place or premises, other
than the licensed premises or authorised
premises, for the supply of liquor;
(c) must not supply liquor to a person in a state
10 of intoxication;
(d) must not permit a person to play any
unlawful game on the licensed premises or
on any authorised premises;
(e) must not permit drunken or disorderly
15 persons to be on the licensed premises or on
any authorised premises.
Penalty: 20 penalty units.
(2) Sub-section (1)(b) does not apply to--
(a) a licensee of a pre-retail licence; or
20 (b) a licensee of a vigneron's licence in respect
of the supply of liquor under that licence to a
person who holds a licence under this Act.
(3) Despite sub-section (1)(d), the game of two-up
may be played--
25 (a) on Anzac Day on any premises being used
by any sub-branch of the Returned and
Services League; and
(b) on Anzac Day on any premises approved
under section 11A(1)(b) of the Lotteries
30 Gaming and Betting Act 1966; and
77
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 109
Act No.
(c) not more than 7 days before Anzac Day on
any premises at which a function is being
held to which section 11A(3) of the
Lotteries Gaming and Betting Act 1966
5 applies.
109. Taking orders for liquor at unlicensed premises
(1) If a licensee carries on a business at licensed
premises and at other premises, the licensee must
not take or receive an order for liquor, or cause or
10 permit an employee or agent to take or receive an
order for liquor, at any of those premises that are
not licensed premises or authorised premises.
Penalty: 15 penalty units.
(2) Sub-section (1) does not apply to--
15 (a) a licensee of a pre-retail licence; or
(b) a licensee of a vigneron's licence in respect
of orders for liquor by holders of licences
under this Act.
110. Holding out
20 A person must not, in the course of carrying on a
business, hold themselves out as being prepared to
order or purchase packaged liquor from a licensee
on behalf of another person.
Penalty: 15 penalty units.
25 111. Bringing liquor to premises outside trading hours
A person must not--
(a) bring into or consume, supply or have in his
or her possession or under control any liquor
on; or
78
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 112
Act No.
(b) permit or allow any liquor to be brought into,
or consumed or supplied in--
any licensed premises under a licence or BYO
permit at any time otherwise than in accordance
5 with the licence or permit.
Penalty: 25 penalty units.
112. Keeping liquor in unlicensed club
(1) If liquor is kept for supply or consumption in
premises occupied by a club in respect of which a
10 licence is not in force, each director or member of
the committee of management of the club is guilty
of an offence.
Penalty: 25 penalty units.
(2) It is a defence to a prosecution under sub-section
15 (1) for the defendant to prove that the liquor was
kept in the club without their knowledge or
contrary to their orders.
113. Consuming or having liquor on unlicensed premises
(1) A person must not--
20 (a) consume or supply liquor; or
(b) have in possession or under control any
liquor other than liquor in a sealed container;
or
(c) permit or allow any liquor to be consumed or
25 supplied; or
(d) permit or allow any liquor other than liquor
in a sealed container to be in the possession
or under the control of a person--
on any premises to which this section applies
30 unless a licence or BYO permit is in force in
respect of those premises.
Penalty: 50 penalty units.
79
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 114
Act No.
(2) This section applies to the following premises--
(a) premises that are a milk bar, convenience
store or mixed business;
(b) premises where meals are ordinarily served
5 to the public for consumption on the
premises;
(c) premises occupied by a club;
(d) premises where light refreshments and non-
intoxicating drinks are sold to the public for
10 consumption on the premises but where
meals are not ordinarily served to the public
for consumption on the premises.
114. Offences by persons other than licensee or permittee
A person--
15 (a) must not on licensed premises--
(i) obtain liquor from the licensee, or an
employee or agent of the licensee; or
(ii) consume liquor--
except at a time and in the manner authorised
20 under the licence or BYO permit and this
Act;
(b) must not, on licensed premises--
(i) procure liquor for a person in a state of
intoxication; or
25 (ii) aid or abet a person in a state of
intoxication to obtain liquor;
(c) must not obtain liquor from a licensee under
a general licence or from an employee or
agent of such a licensee by fraudulently
30 representing himself or herself to be a
resident of the licensed premises;
80
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 115
Act No.
(d) who is drunk, violent or quarrelsome, must
not refuse or fail to leave licensed premises
if requested to do so by the licensee or
permittee, an employee or agent of the
5 licensee or permittee or a member of the
police force.
Penalty: 20 penalty units.
115. Betting on licensed premises
(1) A licensee or permittee must not bet or allow a
10 person to bet on the licensed premises or any
authorised premises.
Penalty: 20 penalty units.
(2) Sub-section (1) does not apply to betting on
licensed premises or on any authorised
15 premises--
(a) if--
(i) the premises are on a licensed
racecourse within the meaning of the
Racing Act 1958; and
20 (ii) the betting is engaged in during the
holding of a race meeting within the
meaning of that Act on the licensed
racecourse; or
(b) if--
25 (i) a betting facility of the licensee or an
operator under the Gaming and
Betting Act 1994 is established in the
premises; and
(ii) the betting takes place through the
30 licensee or an operator in that betting
facility; or
(c) if--
81
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 116
Act No.
(i) the premises are being used by any sub-
branch of the Returned and Services
League or are approved under section
11A(1)(b) of the Lotteries Gaming
5 and Betting Act 1966; and
(ii) the betting is engaged in during a game
of two-up on Anzac Day; or
(d) if--
(i) the betting is engaged in during a game
10 of two-up not more than 7 days before
Anzac Day; and
(ii) a function to which section 11A(3) of
the Lotteries Gaming and Betting Act
1966 applies is being held on the
15 premises.
116. Falsely indicating that premises are licensed
A person must not, by means of a notice, sign or
otherwise--
(a) indicate that premises are licensed premises
20 or are licensed premises under a particular
kind of licence or under a BYO permit if
they are not such licensed premises; or
(b) that a person is authorised under a licence or
BYO permit to supply liquor or permit liquor
25 to be brought onto or consumed on premises
if the person is not so authorised.
Penalty: 15 penalty units.
117. Procuring transfer by fraud
(1) A person must not procure the transfer of a licence
30 or BYO permit by fraud or false representation.
Penalty: 50 penalty units.
(2) If a person is convicted of an offence under sub-
section (1), the Director, the Chief Commissioner
82
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 118
Act No.
or a licensing inspector may apply to the Tribunal
for a declaration that the transfer is void.
(3) On an application under sub-section (2), the
Tribunal may--
5 (a) declare the transfer void; and
(b) if it does so, may make an order that the
person convicted under sub-section (1) be
disqualified from holding a licence or BYO
permit for a period not exceeding 3 years.
10 (4) The power of the Tribunal under this section is in
addition to any of the powers of the Tribunal
under Part 6.
118. False or misleading statements
(1) A person must not in, or in relation to, an
15 application or notice under this Act, make a
statement that is false or misleading by reason of
the inclusion in the statement of false or
misleading matter or of the omission from the
statement of any material matter.
20 Penalty: 20 penalty units.
(2) It is a defence to a prosecution under sub-section
(1) for the defendant to prove that when the
application was made or the notice was given the
defendant--
25 (a) believed on reasonable grounds that the false
matter was true; or
(b) believed on reasonable grounds that the
misleading matter was not misleading; or
(c) in the case of an omission, believed on
30 reasonable grounds that no material had been
omitted, being material matter the omission
of which would make the statement false or
misleading; or
83
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 119
Act No.
(d) in the case of an omission, did not know that
the omitted matter was material.
Division 2--Underage Drinking
119. Supplying liquor to minors
5 (1) A licensee or a permittee must not--
(a) supply liquor; or
(b) permit liquor to be supplied--
to a person under the age of 18 years.
Penalty: 20 penalty units.
10 (2) If liquor is supplied to a person under the age of
18 years on the licensed premises or any
authorised premises of a licensee or permittee, the
licensee or permittee is guilty of an offence.
Penalty: 20 penalty units.
15 (3) A person, other than--
(a) a licensee or permittee; or
(b) an employee of a licensee acting or
purporting to act in the course of his or her
employment--
20 must not supply liquor to a person under the age
of 18 years.
Penalty: 20 penalty units.
(4) An employee of a licensee acting or purporting to
act in the course of his or her employment must
25 not supply liquor to a person under the age of
18 years.
Penalty: 5 penalty units.
(5) Sub-sections (1), (2), (3) and (4) do not apply--
(a) to the supply of liquor to a person under the
30 age of 18 years for consumption as part of a
84
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 120
Act No.
meal if the person is accompanied by his or
her spouse, being a person of or over the age
of 18 years, or his or her parent or guardian;
or
5 (b) to the supply of liquor to the spouse or a
member of the family of the licensee or
permittee; or
(c) to the supply of liquor on licensed premises
to a spouse of a resident of those premises if
10 the resident is of or over the age of 18 years;
or
(d) to the supply of liquor to a person who is--
(i) a member of the family of the licensee
or permittee; or
15 (ii) an employee or apprentice of the
licensee or permittee--
if the member or employee is employed to
deliver that liquor to a person of or over the
age of 18 years; or
20 (e) to the supply of liquor in a residence.
(6) It is a defence to a prosecution under this section
for the defendant to prove that, at the time of the
alleged offence the defendant had seen an
evidence of age document of the person whose
25 age is material to the offence, indicating that that
person is of or over the age of 18 years.
120. Allowing minors on licensed or authorised premises
(1) If a person under the age of 18 years--
(a) is on licensed premises or any authorised
30 premises; and
(b) is not--
85
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 120
Act No.
(i) in the company of a spouse, being a
person of or over the age of 18 years, or
his or her parent or guardian; or
(ii) on the premises for the purpose of
5 partaking of a meal; or
(iii) in the case of a licence under which
accommodation is provided, a resident
of those premises--
the licensee or permittee is guilty of an offence.
10 Penalty: 20 penalty units.
(2) Sub-section (1) does not apply--
(a) to the presence on any part of the licensed
premises or authorised premises of a person
under the age of 18 years at any time at
15 which--
(i) entertainment for or mainly for people
under the age of 18 years is provided on
that part of the premises in accordance
with the approval of the Director and
20 any conditions to which that approval is
subject; and
(ii) liquor is not supplied, consumed or
made available on that part of the
premises; or
25 (b) to the presence on licensed premises or
authorised premises of a person who is
engaged in a training program in hospitality
or in training for the purposes of
employment or work experience, if the
30 person is so present in accordance with any
conditions to which that program or training
is subject; or
(c) to the presence on licensed premises or
authorised premises of persons employed on
86
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 121
Act No.
the premises otherwise than in the supply of
liquor; or
(d) to the presence during ordinary trading hours
on licensed premises or authorised premises
5 of a person under the age of 18 years if the
licence in respect of the premises is an on-
premises licence that is subject to the
conditions set out in section 9(3); or
(e) to the presence on licensed premises or
10 authorised premises of a person under the
age of 18 years in accordance with the
approval of the Director and any conditions
to which that approval is subject.
(3) If the Director grants or revokes an approval for
15 the purposes of sub-section (2)(a) or (e), the
Director must cause the licence or permit to be
endorsed accordingly.
(4) It is a defence to a prosecution under this section
for the defendant to prove that, at the time of the
20 alleged offence, the defendant had seen an
evidence of age document of the person whose
age is material to the offence, indicating that that
person is of or over the age of 18 years.
121. Sending minor to obtain liquor
25 A person must not send another person whom he
or she knows or believes to be under the age of
18 years to a place where liquor is supplied,
delivered or distributed for the purpose of
obtaining liquor.
30 Penalty: 20 penalty units.
122. Permitting minor to supply liquor
(1) A licensee must not permit a person under the age
of 18 years to supply liquor on the licensed
premises or on any authorised premises.
87
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 123
Act No.
Penalty: 10 penalty units.
(2) Sub-section (1) does not apply to the supply of
liquor on licensed or authorised premises by a
person under the age of 18 years if the person is
5 engaged in a training program approved by the
Director and is supplying the liquor in accordance
with any conditions to which the Director has
determined that the training program is subject.
123. Offences by minors
10 (1) A person under the age of 18 years--
(a) must not purchase or receive liquor from
another person; and
(b) must not possess or consume liquor; and
(c) must not enter or remain on any part of
15 premises where liquor is served by a
licensee--
(i) except for the purpose of partaking of a
meal; or
(ii) unless the person is an employee or
20 agent of the licensee or is acting under,
or employed in connection with, a
contract with the licensee; or
(iii) in the case of a general licence or an
on-premises licence under which
25 accommodation is provided, unless the
person is a resident of the licensed
premises; or
(iv) unless, in accordance with the approval
of the Director under section 120(2)(a)
30 or (e) and any conditions to which that
approval is subject, the person is
authorised to be present on the
premises; or
88
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 123
Act No.
(v) unless he or she is in the company of
his or her spouse (being a person of or
over the age of 18 years) or parent or
guardian; or
5 (vi) unless the person is engaged in a
training program in hospitality or in
training for the purposes of
employment or work experience and
the person is so present in accordance
10 with any conditions to which that
program or training is subject.
Penalty: 5 penalty units.
(2) Sub-section (1) does not apply--
(a) to the receipt, possession or consumption of
15 liquor by a person under the age of 18 years
as part of a meal if the person is
accompanied by his or her spouse, being a
person of or over the age of 18 years or his
or her parent or guardian; or
20 (b) to the purchase, receipt, possession or
consumption of liquor by the spouse or a
member of the family of a licensee or
permittee; or
(c) to the purchase, receipt, possession or
25 consumption of liquor in licensed premises
under a general licence by the spouse of a
resident who is of or over the age of
18 years; or
(d) to the receipt or possession of liquor from a
30 licensee or permittee by a person who is--
(i) a member of the family of the licensee
or permittee; or
(ii) an employee or apprentice of the
licensee or permittee--
89
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 124
Act No.
if the member or employee is employed to
deliver that liquor to a person of or over the
age of 18 years; or
(e) to the receipt, possession or consumption of
5 liquor in a residence; or
(f) to the possession or consumption of liquor
by a person under the age of 18 years in
licensed premises under a general licence if
the person--
10 (i) is a resident; or
(ii) is accompanied by his or her spouse,
being a person of or over the age of
18 years or his or her parent or
guardian--
15 and is in possession of or consumes the
liquor while partaking of a meal.
(3) Sub-section (1)(c) does not apply to a person
under the age of 18 years who enters or remains
on premises during ordinary trading hours if the
20 licence in respect of the premises is an on-
premises licence that is subject to the conditions
set out in section 9(3).
(4) A person must not falsely represent himself or
herself to be of or over the age of 18 years for the
25 purpose of avoiding being found to be in
contravention of sub-section (1).
Penalty: 5 penalty units.
124. Wrongful dealing in evidence of age document
(1) A person must not give an evidence of age
30 document which has been issued to that person to
another person, if the person giving the document
knows or has reasonable grounds to suspect that
the document may be used--
90
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 125
Act No.
(a) as an evidence of age document for the
purposes of this Act by a person other than
the person to whom it was issued; or
(b) to obtain a proof of age card for a person
5 other than the person to whom the document
was issued.
Penalty: 20 penalty units.
(2) A person must not wilfully or negligently deface
or interfere with an evidence of age document.
10 Penalty: 20 penalty units.
(3) A person must not--
(a) make a false document that could reasonably
be taken to be an evidence of age document;
or
15 (b) give such a false document to another
person--
knowing the document to be false and with the
intent that the document be used as an evidence of
age document.
20 Penalty: 20 penalty units.
125. Offence of falsely procuring proof of age card
(1) A person must not give a document he or she
knows to be false to another person with the intent
of using the document to obtain a proof of age
25 card.
Penalty: 20 penalty units.
(2) A person must not give a document he or she
knows to be false to another person if the first
person knows that the other person intends to use
30 the document to obtain a proof of age card.
Penalty: 20 penalty units.
91
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 126
Act No.
Division 3--Investigatory powers
126. Power to demand suspected minor to give his or her
age
(1) If--
5 (a) a member of the police force has reason to
believe that a person appearing to be under
the age of 18 years--
(i) has requested or received a supply of
liquor; or
10 (ii) has consumed, is consuming or is about
to consume liquor; or
(iii) is on licensed premises or on any
authorised premises--
in contravention of this Act; or
15 (b) a licensee, permittee or employee or agent of
a licensee or permittee has reason to believe
that a person appearing to be under the age
of 18 years is on the licensed premises or on
any authorised premises in contravention of
20 this Act--
the member of the police force, licensee,
permittee, employee or agent may demand
particulars of the person's age, name and address.
(2) A person demanding particulars under sub-section
25 (1) may require the person from whom the
particulars are demanded to complete and sign a
statement in the form approved by the Director as
to his or her age, name and address.
(3) If a person demanding particulars under sub-
30 section (1) considers that any particulars supplied
92
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 127
Act No.
by a person in response to the demand are false,
he or she may require the person to give
satisfactory evidence of the correctness of the
particulars.
5 (4) A person must not--
(a) refuse to give particulars of his or her age,
name and address;
(b) give any false particulars of his or her age,
name and address; or
10 (c) supply any false evidence as to his or her
age, name or address--
pursuant to a demand made under this section.
Penalty: 15 penalty units.
(5) If a person refuses to give his or her name and
15 address on being required to do so under this
section, a member of the police force may caution
him or her and if he or she persists in the refusal,
may arrest him or her without a warrant.
127. Seizure of evidence of age document
20 (1) A document (except a driver licence), that is
represented to be an evidence of age document,
may be seized by the person to whom it has been
produced if that person is--
(a) a member of the police force; or
25 (b) the licensee or permittee or an employee of
the licensee or permittee of the licensed
premises in or in the vicinity of which the
document has been produced.
(2) A person must not seize a document under sub-
30 section (1) unless that person reasonably believes
that--
93
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 128
Act No.
(a) the person who produced the document is
not the person to whom the document was
issued; or
(b) the document contains false or misleading
5 information about the name or age of the
person who produced the document; or
(c) the document has been forged or
fraudulently altered; or
(d) the document is being used in contravention
10 of this Act.
(3) If a document has been seized under sub-section
(1) by a person other than a member of the police
force, that person must give the document to a
member of the police force.
15 (4) A member of the police force who has seized a
document under sub-section (1) or to whom a
document has been given under sub-section (3)
must return the document within 28 days to the
person who produced it unless--
20 (a) the person who produced the document is
not the person to whom the document was
issued; or
(b) the document contains false or misleading
information about the name or age of the
25 person who produced the document; or
(c) the document has been forged or
fraudulently altered; or
(d) the document is being used in contravention
of this Act.
30 128. Seizure of liquor from minors
If a member of the police force reasonably
believes that a person under the age of 18 years is
in possession of liquor in contravention of this
Act, the member may seize and take away the
94
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 129
Act No.
liquor or cause the liquor to be seized and taken
away, together with any vessel containing it.
129. Entry to licensed premises
(1) An authorised person may demand entry at any
5 time to any licensed premises.
(2) A person must not refuse or delay admittance for
such time as reasonably to lead to the inference
that wilful delay is intended.
(3) If admittance is refused or wilfully delayed, the
10 person demanding entry may break into the
premises.
(4) A person may not, under this section, break into a
room in licensed premises under a general licence
which is occupied by or set apart for the private
15 use of a resident or is occupied by or reserved for
the private use of the licensee or permittee unless
the person--
(a) has first given notice of his or her intention
to the resident, licensee or permittee or (in
20 the absence of the resident, licensee or
permittee) to the person appearing to be in
charge of the licensed premises and has
given the resident, licensee, permittee or
person an opportunity to be present; or
25 (b) has obtained the consent of the resident,
licensee, permittee or person to break into
the room.
(5) A person must not--
(a) prevent an authorised person from entering
30 licensed premises in accordance with this
section; or
(b) obstruct or hinder an authorised person in the
execution of his or her duties under this Act.
Penalty: 15 penalty units.
95
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 130
Act No.
(6) The Director may give an authority in writing to
the Commissioner of State Revenue to authorise
tax officers to exercise powers under this section.
(7) In this section "authorised person" means--
5 (a) the Director;
(b) a person employed under Part 3 of the
Public Sector Management and
Employment Act 1998 in the administration
of this Act authorised in writing by the
10 Director;
(c) an authorised member of the police force;
(d) a licensing inspector;
(e) a tax officer authorised in writing by the
Commissioner of State Revenue acting under
15 an authority given under sub-section (6).
130. General warrant to enter and search
(1) If a magistrate is satisfied, by the evidence on oath
or by affidavit of any person, that there is
reasonable ground for suspecting that--
20 (a) in any premises liquor is supplied by a
person without a licence authorising the
supply; or
(b) liquor is supplied or kept for supply on
premises occupied by a club in respect of
25 which a licence is not in force--
the magistrate may issue a warrant authorising a
member of the police force, together with any
other person named in the warrant--
(c) to enter those premises (using such force as
30 is necessary for the purpose); and
(d) to search the premises; and
96
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 131
Act No.
(e) to take possession of all liquor on the
premises and all vessels containing the
liquor; and
(f) in the case of premises referred to in
5 paragraph (b), to take possession of any
documents relating to the business of the
club; and
(g) to detain any liquor, vessels and documents
possession of which is so taken.
10 (2) A person must not obstruct or hinder a person
executing a warrant under this section.
Penalty: 15 penalty units.
(3) A person in any premises entered by a member of
the police force under this section, on being asked
15 by the member to give his or her name or address
must not--
(a) refuse or fail to give his or her name or
address; or
(b) give a false name or address.
20 Penalty: 15 penalty units.
131. Power to seize liquor in certain cases
(1) If, at a time when liquor is not authorised to be
supplied on licensed premises under the licence or
this Act--
25 (a) any liquor is served for supply on the
licensed premises; or
(b) any liquor is being carried away from the
licensed premises by a person other than, in
the case of a residential licence, a resident--
97
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 132
Act No.
a member of the police force may seize or cause
to be seized any such liquor together with the
vessel containing it.
(2) If a member of the police force reasonably
5 believes that any liquor is brought into or
consumed, supplied, possessed or controlled in
any restaurant or club at any time otherwise than
in accordance with a licence or BYO permit, the
member may seize or cause to be seized any such
10 liquor together with the vessel containing it.
132. Police to assist if person asked to leave premises
All members of the police force are required, on
the request of the licensee or permittee or their
employee or agent, to expel or assist in expelling
15 any person whose presence on the licensed
premises or any authorised premises would
subject the licensee or permittee to a penalty
under this Act and whom the licensee or permittee
has asked to leave the licensed premises or
20 authorised premises.
133. Further search and seizure powers
(1) In the execution of powers and duties under this
Act, an authorised person at any reasonable
time--
25 (a) may enter and remain on any licensed
premises or other place at or on which the
authorised person reasonably believes the
business of supplying liquor is carried on or
any liquor or documents relating to the
30 supply or purchase of liquor are kept or
stored; and
(b) may take copies of, or extracts or notes from,
any such documents; and
(c) may seize any such documents; and
98
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 133
Act No.
(d) may request any licensee or other person
reasonably believed by the authorised person
to be involved in the supply, purchase or
storage of liquor--
5 (i) to produce any documents which relate
or are reasonably believed by the
authorised person to relate to the supply
or purchase of liquor and which at the
time of the request are in the possession
10 of or under the control of the licensee
or other person; and
(ii) to answer any questions with respect to
any such documents or the supply,
purchase or storage of liquor.
15 (2) A person must not--
(a) prevent an authorised person from exercising
any power under sub-section (1); or
(b) hinder or obstruct an authorised person in the
exercise of any such power; or
20 (c) fail to comply with a request under sub-
section (1)(d); or
(d) give an authorised person information which
is false or misleading in a material particular.
Penalty: 20 penalty units, and in the case of an
25 offence under paragraph (c), an
additional penalty not exceeding
5 penalty units for each day on which
the offence continues after conviction.
(3) A person is not guilty of an offence under sub-
30 section (2)(c) only because of a failure to answer a
question under sub-section (1)(d)(ii) if the person
proves that the person did not know and could not
with reasonable diligence ascertain the answer to
the question.
99
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 134
Act No.
(4) If an authorised person makes a report with
respect to any licensed premises or licensee he or
she must send a copy to the licensee.
(5) The Director must make available during usual
5 business hours at his or her office a copy of any
report made under sub-section (4) for inspection
or copying by the licensee or a person authorised
in writing by the licensee.
(6) The Director may give an authority in writing to
10 the Commissioner of State Revenue to authorise
tax officers to exercise powers under this section.
(7) In this section, "authorised person" means--
(a) a person employed under Part 3 of the
Public Sector Management and
15 Employment Act 1998 in the administration
of this Act authorised in writing by the
Director;
(b) a tax officer authorised in writing by the
Commissioner acting under an authority
20 given under sub-section (6).
Division 4--Legal Proceedings
134. Presumption as to holder of licence or permit
In a proceeding under this Act against a person as
the holder of a licence or BYO permit, the person
25 is to be taken to be the holder of that licence or
permit until the contrary is shown.
135. Averments
For the purposes of this Act, if an informant
avers--
30 (a) that any liquid is or may be liquor; or
100
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 136
Act No.
(b) that a person present on licensed premises
under a residential licence is not a resident;
or
(c) that premises on which an alleged offence
5 took place were licensed premises or
authorised premises; or
(d) that a person had not attained the age of
18 years--
the averment is evidence--
10 (e) that the liquid is liquor; or
(f) that the person is not a resident; or
(g) that the premises on which the alleged
offence took place were licensed premises or
authorised premises; or
15 (h) that the person had not attained that age--
as the case requires.
136. Sufficient evidence of certain matters
(1) For the purposes of this Act--
(a) proof of the delivery of liquor is evidence of
20 the supply of liquor and of money or other
consideration having been given for the
liquor;
(b) proof that a transaction in the nature of a sale
or other supply of liquor took place is
25 evidence of the sale or other supply of
liquor;
(c) proof that consumption of liquor was about
to take place is evidence of the consumption
of liquor;
30 (d) proof that liquor was consumed or intended
to be consumed by a person on licensed
premises contrary to the provisions of the
101
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 136
Act No.
licence or BYO permit or this Act is
evidence that the licensee or permittee
supplied liquor to that person.
(2) In any proceeding against a person under this Act,
5 an allegation in a charge or an oral allegation by
the informant or a licensing inspector that--
(a) a person is a licensee or permittee in relation
to any licensed premises; or
(b) a person is not a licensee or permittee; or
10 (c) a person is a person to whom a licence or
permit has been transferred; or
(d) a person is, or is not, a licensee or permittee;
or
(e) a person is the Director or acting Director, a
15 licensing inspector or an authorised member
of the police force--
is admissible in evidence and, in the absence of
evidence to the contrary, is proof of the matter
alleged.
20 (3) Each of the following certificates is admissible in
evidence in any proceeding against a person under
this Act and, in the absence of evidence to the
contrary, is proof of the matters stated in it--
(a) a certificate purporting to be under the hand
25 of the Director stating that on a day specified
in the certificate a person named in the
certificate was a delegate of the Director to
whom the powers of the Director specified in
the certificate were delegated on terms, if
30 any, so specified;
(b) a certificate purporting to be under the hand
of the Director stating that on a day specified
in the certificate the Commissioner of State
102
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 137
Act No.
Revenue had an authority referred to in
section 129(6) or 133(6);
(c) a certificate purporting to be under the hand
of the Commissioner of State Revenue
5 stating that on a day specified in the
certificate a person named in the certificate
was an authorised person within the meaning
of section 129(7)(e) or 133(7)(b).
137. Copies of certain documents
10 (1) The production of a document under the hand of
the Director purporting to be a copy of a
document issued by the Director is evidence that
the document was so issued.
(2) The production of a document under the hand of
15 the Director (that document purporting to be a
copy of or extract from any document, statement,
licence, note or memorandum furnished to, or of
any document issued by, the Director) is for all
purposes sufficient evidence of the matters set
20 forth in it, without production of the original.
138. Property forfeited
(1) The Magistrates' Court may order that any
property that is or includes liquor that is seized or
of which possession is taken under this Act is
25 forfeited if the Court is satisfied that the liquor
was supplied, or intended to be supplied, contrary
to the provisions of any relevant licence or BYO
permit.
(2) An appeal lies to the County Court against an
30 order of forfeiture under sub-section (1).
(3) Any property forfeited under this section--
103
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 140
Act No.
(a) must be sold or otherwise disposed of in
accordance with the directions of the
Magistrates' Court; and
(b) the proceeds (if any) of the sale or disposal
5 are to be applied as if they were penalties.
139. Concurrent proceedings
If, in respect of anything done or omitted to be
done under this Act--
(a) proceedings are brought against a person;
10 and
(b) the Director wishes to make a decision under
this Act--
the Director may make the decision despite the
bringing of the proceedings.
15 140. Notice of conviction
(1) If a licensee or permittee is convicted of an
offence against this Act, the principal registrar of
the Magistrates' Court must give written notice of
the conviction to the Director as soon as
20 practicable after the conviction.
(2) If a notice under sub-section (1) relates to a
licensee or permittee of licensed premises of
which the licensee or permittee is not the owner,
the Director must send a copy of the notice to the
25 owner of the licensed premises.
Division 5--Infringement Notices
141. Power to serve an infringement notice
(1) If a member of the police force has reason to
believe that a person has committed an offence
30 referred to in sub-section (2), he or she may serve
an infringement notice on that person.
104
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 142
Act No.
(2) An infringement notice may be served in respect
of an offence against--
(a) section 100 (residents' register);
(b) section 101 (failure to display licence or
5 permit on licensed premises);
(c) section 102 (failure to display notice on
licensed premises or to comply with
requirements for display);
(d) section 103 (failure to notify change of
10 director or obtain approval for new director);
(e) section 108 (certain offences by licensee or
permittee);
(f) section 109 (taking orders at unlicensed
premises);
15 (g) section 114 (except paragraph (d)) (certain
offences by non-licensees);
(h) section 115 (betting on licensed premises);
(i) section 116 (falsely indicating premises as
licensed);
20 (j) Division 2 of Part 8 (offences in relation to
underage drinking);
(k) section 126(4) (name and address of minor).
142. Form of notice
An infringement notice must state--
25 (a) the date of the notice;
(b) the provision that creates the offence;
(c) the nature, and a brief description, of the
alleged offence;
105
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 143
Act No.
(d) the date, time and place of the alleged
offence;
(e) the infringement penalty for the offence;
(f) the manner in which the infringement
5 penalty may be paid;
(g) the time (not being less than 28 days after
the date on which the notice is served) within
which the infringement penalty must be paid;
(h) that if the infringement penalty is paid before
10 the end of the time specified in the notice,
the matter will not be brought before the
Magistrates' Court unless the notice is
withdrawn within 28 days after the date on
which it was served;
15 (i) that the person is entitled to disregard the
notice and defend any proceedings in respect
of the alleged offence in the Magistrates'
Court;
(j) any other prescribed particulars.
20 143. Withdrawal of notice
(1) A member of the police force may withdraw an
infringement notice at any time within 28 days
after the notice was served by serving a
withdrawal notice on the alleged offender.
25 (2) An infringement notice may be withdrawn even if
the infringement penalty has been paid.
(3) If an infringement notice is withdrawn, the
amount of any infringement penalty paid must be
refunded and the Consolidated Fund is, to the
30 necessary extent, appropriated accordingly.
144. Infringement penalties
106
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 146
Act No.
The infringement penalty for an offence against a
provision of this Act is one-tenth of the maximum
penalty fixed by that provision for that offence.
145. Late payment of penalty
5 A member of the police force may accept payment
of the infringement penalty even after the
expiration of the time for payment stated in the
infringement notice if--
(a) a charge has not been filed in respect of the
10 offence to which the infringement penalty
relates; and
(b) the infringement notice has not been
withdrawn.
146. Payment expiates offence
15 (1) If an infringement notice is not withdrawn and the
infringement penalty is paid within the time for
payment stated in the notice or payment is
accepted in accordance with section 145, then--
(a) the alleged offender has expiated the
20 offence; and
(b) no proceedings may be taken against that
person in respect of the offence; and
(c) no conviction is to be taken to have been
recorded against that person for the offence.
25 (2) Nothing in this section affects or takes away from
section 90(1)(h).
147. Application of penalty
(1) An infringement penalty paid under this Division
must be applied in the same way as a fine paid
30 under an order of the Magistrates' Court made on
an offender being convicted or found guilty of the
offence to which the infringement penalty relates.
107
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 148
Act No.
(2) The payment of an infringement penalty under
this Division is not and must not be taken to be--
(a) an admission of guilt in relation to the
offence; or
5 (b) an admission of liability for the purpose of
any civil claim or proceeding arising out of
the same occurrence and the payment does
not in any way affect or prejudice any such
claim or proceeding.
10 (3) The payment of an infringement penalty under
this Division must not be referred to in any report
provided to a court for the purpose of determining
sentence for any offence.
(4) Nothing in this section affects or takes away from
15 section 90(1)(h).
148. Prosecution after service of infringement notice
(1) A charge may be filed in respect of an offence to
which an infringement notice relates if--
(a) the infringement penalty has not been paid
20 within the time for payment stated in the
infringement notice or in accordance with
section 145; or
(b) the notice is withdrawn.
(2) If a charge is filed in respect of an offence
25 because the person has not paid the penalty
specified in the infringement notice and a
conviction is imposed by the court, the conviction
must not be taken to be a conviction for any
purpose except in relation to--
30 (a) the making of the conviction itself; and
(b) subsequent proceedings which may be taken
in respect of the conviction itself, including
proceedings by way of appeal.
108
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Act No.
_______________
109
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 149
Act No.
PART 9--ADMINISTRATION
Division 1--Director of Liquor Licensing
149. Director of Liquor Licensing
A Director of Liquor Licensing is to be appointed
5 by the Governor in Council.
150. Terms of appointment
(1) The Director holds office for the period, not
exceeding 5 years, specified in his or her
instrument of appointment and is eligible for
10 re-appointment.
(2) The Director must be paid the remuneration and
allowances that are determined by the Governor in
Council.
(3) The Public Sector Management and
15 Employment Act 1998 (except in accordance
with Part 7 of that Act) does not apply to the
Director in respect of the office of Director.
151. Resignation and removal from office
(1) The Director may resign his or her office by
20 delivering a signed letter of resignation to the
Governor.
(2) The Governor in Council may remove the
Director from office.
(3) The office of Director becomes vacant if the
25 Director--
(a) becomes an insolvent under administration;
or
(b) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
30 be an indictable offence.
110
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 152
Act No.
152. Acting Director
(1) The Minister may appoint a person to act as
Director during any period, or during all periods,
when the Director is absent from duty or during a
5 vacancy in the office of Director.
(2) If an acting Director has been appointed during
the absence from duty of the Director and the
Director ceases to hold office without having
resumed duty, the period of appointment of the
10 acting Director is deemed to continue until--
(a) the acting Director resigns; or
(b) the appointment is terminated by the
Minister; or
(c) a period of 12 months elapses from the day
15 on which the absent Director ceased to hold
office--
whichever happens first.
(3) An acting Director--
(a) has all the powers and must perform all the
20 functions and duties of the Director; and
(b) is entitled to be paid the remuneration and
allowances determined by the Minister; and
(c) is eligible for re-appointment.
(4) An acting Director may resign the acting
25 appointment by delivering a signed letter of
resignation to the Minister.
153. Functions and powers
(1) The Director has the functions and powers
conferred on him or her by or under this or any
30 other Act.
(2) It is a function of the Director to provide advice to
the Minister on the operation of this Act.
111
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 154
Act No.
154. Director's investigatory function
The Director may investigate any matter relevant
to the operation of this Act, including the conduct
and practices of any licensee or permittee.
5 155. Delegation
The Director may delegate in writing to a person
employed under Part 3 of the Public Sector
Management and Employment Act 1998 in the
administration of this Act any power of the
10 Director under this Act, other than this power of
delegation.
156. Validity of acts and decisions
An act or decision of the Director or an acting
Director is not invalid--
15 (a) only because of a defect or irregularity in, or
in connection with, the appointment of the
Director or acting Director; or
(b) on the ground that the occasion for the acting
Director to act had not arisen or had ceased.
20 Division 2--Liquor Licensing Panel
157. Establishment and membership
(1) The Liquor Licensing Panel is established.
(2) The Panel consists of a Chairperson and as many
other members as the Minister determines.
25 (3) The Chairperson and other members of the Panel
are to be appointed by the Minister.
158. Terms of appointment
(1) A member of the Panel--
(a) may be appointed for a period not exceeding
30 5 years; and
112
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 159
Act No.
(b) may be appointed on a full-time or part-time
basis; and
(c) is eligible for re-appointment.
(2) Each member of the Panel must be paid the fees
5 and allowances that are determined by the
Minister in respect of that member unless the
member is employed by or on behalf of the State.
(3) The Public Sector Management and
Employment Act 1998 (except in accordance
10 with Part 7 of that Act) does not apply to a
member of the Panel in respect of the office of
member.
159. Resignation and removal
(1) A member of the Panel may resign his or her
15 office by delivering a signed letter of resignation
to the Minister.
(2) The Minister may remove a member from office.
(3) The office of a member becomes vacant if the
member--
20 (a) becomes an insolvent under administration;
or
(b) is convicted of an indictable offence or an
offence that, if committed in Victoria, would
be an indictable offence.
25 160. Functions of Panel
The functions of the Panel are--
(a) to consider contested applications referred to
it by the Director; and
(b) to report to the Director on those
30 applications; and
(c) any other functions conferred on it by or
under this Act.
113
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 161
Act No.
161. Constitution of Panel for considering applications
(1) For the purpose of considering and reporting on
each contested application referred to it, the Panel
is to be constituted by one or more members as
5 determined by the Chairperson.
(2) If the Panel is constituted by more than one
member--
(a) the Chairperson presides if he or she is on
the Panel; or
10 (b) if the Chairperson is not on the Panel, a
member chosen by the members constituting
the Panel presides.
Division 3--Hearings
162. Directions about hearings
15 (1) The Panel may give directions about--
(a) the times and places of hearings; and
(b) matters preliminary to hearings; and
(c) the conduct of hearings.
(2) The Panel may refuse to hear any person who fails
20 to comply with a direction of the Panel.
163. Hearings to be in public
The Panel must conduct its hearings in public
unless any person appearing objects to giving
evidence or making a submission in public and the
25 Panel is satisfied that the evidence or submission
is of a confidential nature.
114
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 164
Act No.
164. General procedure for hearings
(1) In a hearing, the Panel--
(a) must act according to equity and good
conscience without regard to technicalities or
5 legal forms; and
(b) is not required to conduct the hearing in a
formal manner; and
(c) is not bound by the rules or practice as to
evidence but may inform itself on any
10 matter--
(i) in any way it thinks fit; and
(ii) without notice to any person who has
made an objection.
(2) The Panel may prohibit or regulate cross-
15 examination in any hearing.
(3) Submissions and evidence may be given to the
panel orally or in writing or partly orally and
partly in writing.
165. Who may appear before a panel?
20 A person who has a right to be heard by the Panel
or who is called by the Panel may--
(a) appear and be heard in person; or
(b) be represented by any other person.
166. Effect of failure to attend hearing
25 The Panel may report and make recommendations
on a contested application without hearing a
person who has notice of the hearing if the person
is not present or represented at the time and place
appointed for the hearing.
115
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 167
Act No.
167. Adjournment of hearings
The Panel may from time to time adjourn a
hearing to any times and places and for any
purposes it thinks necessary.
5 168. Panel may regulate its own procedure
Subject to this Division, the Panel may regulate its
own procedure.
169. Panel may take into account any relevant matter
The Panel may take into account any matter it
10 thinks relevant in making its report and
recommendations.
170. Evidence inadmissible in Tribunal proceedings
Evidence of anything said or done at a hearing of
the Panel into a contested application is not
15 admissible in any proceeding in the Tribunal in
respect of that application unless all parties to that
proceeding agree to the giving of the evidence.
171. Power of entry and inspection
(1) If the Panel thinks it desirable for the purposes of
20 the consideration of any contested application, the
Panel may--
(a) enter and inspect any land or premises; or
(b) authorise another person to enter and inspect
any land or premises for the purpose of
25 preparing a report to the Panel.
(2) If land or premises are occupied by a person who
is not the applicant or an objector, a power of
entry under sub-section (1) may only be
exercised--
30 (a) with the consent of the occupier; or
116
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 172
Act No.
(b) after 2 days' notice has been given to the
occupier.
(3) A power of entry under sub-section (1) may be
exercised at any reasonable time.
5 Division 4--Licensing Inspectors
172. Licensing inspectors
(1) The Chief Commissioner may appoint a member
of the police force of or above the rank of
inspector to be a licensing inspector for the
10 purposes of this Act.
(2) A licensing inspector has the functions and
powers conferred on him or her by this Act.
(3) In addition to his or her other functions and
powers, a licensing inspector--
15 (a) may report to the Director any matter that
may affect the attainment of the objects of
this Act; and
(b) may appear personally or by a legal
practitioner or a person approved by the
20 Chief Commissioner in proceedings under
this Act.
_______________
117
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 173
Act No.
PART 10--GENERAL
173. Service of notices and other documents
(1) A notice or other document required or permitted
to be given to or served on a person under this Act
5 may be given or served--
(a) if the person is a natural person, by giving it
to, or serving it personally on, the person or
by sending it by post to the person at his or
her usual or last known place of residence or
10 business; or
(b) if the person is a body corporate, by leaving
it at or sending it by post to the registered
office of the body corporate; or
(c) if the person is the owner or mortgagee of
15 licensed premises, by leaving it at or sending
it by post to the address registered with the
Director under section 80.
(2) In sub-section (1), "registered office" means--
(a) the office of the body corporate that is the
20 registered office or principal office in
accordance with the law of the State or
Territory by or under which the body
corporate is incorporated; or
(b) if the body corporate is not incorporated in
25 Australia, an office registered under the law
of a State or Territory as a registered office
of the body corporate; or
(c) in the case of a body corporate that has no
such registered office or principal office, the
30 principal place of business of the body
corporate in Victoria, or, if it has no place of
business in Victoria, its principal place of
business in Australia.
118
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 174
Act No.
174. Extension of time for objections
At the request of any person, the Director may--
(a) extend the time for making an objection
under this Act in respect of any particular
5 application; or
(b) accept an objection made after the time
under this Act for making that objection has
expired.
175. Application of Lotteries Gaming and Betting Act 1966
10 (1) Sections 48 to 59 of the Lotteries Gaming and
Betting Act 1966 with respect to, and so far as
they relate to, a house or place which is, or is used
as, a common gaming house or place or to any
house or place which is suspected, upon
15 reasonable grounds, by the owner to be used as a
common gaming house or place, with such
adaptations as are necessary--
(a) extend and apply also to any house or place
which is, or is used as, a house or place for
20 the supply of liquor without a licence
authorising the supply or is suspected upon
reasonable grounds by the owner to be used
as such a house or place;
(b) extend and apply to any unlicensed club
25 which is used for the supply of liquor
without a licence authorising the supply or is
suspected upon reasonable grounds by the
owner to be used for such supply; and
(c) have effect accordingly as if enacted in this
30 Act and as if, in those sections--
(i) a reference to an officer of police or a
member of the police force were a
reference to a licensing inspector;
119
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 176
Act No.
(ii) a reference to any instruments of
gaming and any instruments of betting
and documents relating to betting and
any money and securities for money
5 were a reference to all liquor and
vessels used for containing, measuring
or drinking liquor.
(2) A person guilty of an offence under any of the
sections referred to in sub-section (1) as so
10 extended and applied for which no penalty is
expressly provided under this Act, is liable--
(a) for a first offence to a penalty of not more
than 15 penalty units or to imprisonment for
not more than 3 months;
15 (b) for a second offence to a penalty of not more
than 30 penalty units or for a term of
imprisonment of not more than 6 months;
(c) for any subsequent offence to 50 penalty
units or imprisonment for a term of not more
20 than 12 months.
176. Issue of proof of age cards
(1) A person may apply to the Director for the issue
of a document indicating that the person is of or
over the age of 18 years.
25 (2) An application must be--
(a) in a form approved by the Director; and
(b) accompanied by the information and
material, if any, required by the Director.
(3) On receiving an application, the Director may
30 issue a document indicating that the person is of
or over the age of 18 years if the Director is
satisfied that the person is of or over that age.
120
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 177
Act No.
177. Treasurer may make payments
(1) The Treasurer may, from time to time, pay
amounts determined by the Treasurer to persons
who hold, or have held, licences (whether granted
5 under the law of Victoria or of another State or of
a Territory) relating to the sale of liquor in respect
of which sales taxes have been paid to the
Commonwealth.
(2) The Consolidated Fund is appropriated to the
10 necessary extent for the purposes of sub-section
(1).
178. Treasurer may require information
(1) For the purpose of determining whether to make a
payment under section 177, or the amount of a
15 payment, the Treasurer may require a person
referred to in section 177(1)--
(a) to give the Treasurer any information
required by the Treasurer; or
(b) to produce to the Treasurer any document
20 required by the Treasurer.
(2) A person must not give any information or
produce any document under sub-section (1) that
is false or misleading in a material particular.
Penalty: 500 penalty units in the case of a body
25 corporate;
100 penalty units in any other case.
179. Records to be made and kept by certain licensees
(1) A person who holds a pre-retail licence or a
vigneron's licence must make a record of sales and
30 purchases of liquor and keep each record for a
period of 5 years after it was made.
121
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 180
Act No.
(2) A record under this section must be in the form,
and contain the particulars, required by the
Commissioner of State Revenue.
(3) A person must not--
5 (a) fail to make or keep a record as required by
this section; or
(b) include in a record under this section any
information that is false or misleading in a
material particular.
10 Penalty: 500 penalty units in the case of a body
corporate;
100 penalty units in any other case.
(4) A record under this section need not be kept for
5 years if the Commissioner of State Revenue
15 authorises its earlier destruction.
180. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing required
or permitted by this Act to be prescribed or
20 necessary to be prescribed to give effect to this
Act.
(2) The Governor in Council may make regulations
for or with respect to encouraging responsible
practices in the service, supply and promotion of
25 liquor.
(3) The regulations--
(a) may impose a penalty not exceeding
5 penalty units for a breach of the
regulations;
30 (b) may be of general or of specially limited
application;
(c) may differ according to differences in time,
place or circumstances;
122
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 180
Act No.
(d) may exempt persons or things, or classes of
persons or things, from any of the provisions
of the regulations, whether unconditionally
or on specified conditions and either wholly
5 or to such an extent as is specified.
(4) Regulations with respect to fees--
(a) may provide for different fees for different
classes of application;
(b) may provide for fees that vary according to
10 time;
(c) may provide for the means of payment of
fees;
(d) may provide for the Director to waive or
reduce fees in specified circumstances.
15 _______________
123
532141B.I1-7/10/98
Liquor Control Reform Act 1998
s. 181
Act No.
PART 11--REPEALS, CONSEQUENTIAL AMENDMENTS
AND TRANSITIONALS
181. Repeals
The Acts set out in Schedule 2 are repealed.
5 182. Savings and transitional provisions
Schedule 3 has effect.
183. Consequential amendments
On the coming into operation of an item in
Schedule 4, the Act specified in the heading to
10 that item is amended as set out in that item.
__________________
124
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
Section 10(4)(a)
CLUB LICENCES
5 The rules of a club--
(a) must preclude the payment of any amount to an officer or servant of the
club by way of commission or allowance from the receipts of the club
for the supply of liquor;
(b) must provide that a visitor to the club must not be supplied with liquor
10 in the club premises unless the visitor is--
(i) a guest in the company of a member of the club; or
(ii) if the club admits authorised gaming visitors, an authorised
gaming visitor admitted in accordance with the rules of the club;
(c) must provide that a person cannot--
15 (i) be admitted as an honorary or temporary member of the club (if
the club has these types of membership); or
(ii) be exempted from the obligation to pay the ordinary subscription
for membership of the club--
unless the person is of a class specified in the rules and the admission or
20 exemption is in accordance with the rules;
(d) except in the case of a club primarily for sporting purposes, must
provide that a person under the age of 18 years cannot be admitted to
membership of the club;
(e) must provide for a management committee of the club with
25 responsibility for the affairs of the club;
(f) must provide that the members of the management committee of the
club be elected for a term of not less than 12 months by members of a
class of members that constitutes not less than 60% of the total
membership of the club, excluding temporary or honorary members and
30 persons who are members by reason only of reciprocal arrangements
with another club and persons whose rights as members are limited to
rights as social, gaming or neighbourhood members;
(g) unless the club is a body corporate--
125
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 1
Act No.
(i) must provide that the facilities of the club are provided and
maintained from the joint funds of the club;
(ii) except as otherwise permitted under the Liquor Control Reform
Act 1998, must not enable any person to receive a greater profit,
5 benefit or advantage from the club than that to which any member
is entitled;
(iii) must provide for periodic meetings of the management committee
and the recording of minutes of the meetings;
(iv) must provide--
10 (A) that not less than two weeks may elapse between the date of
nomination and the date of election of ordinary members; and
(B) that the names and addresses of persons proposed for election
as members of the management committee of the club shall
be displayed in a conspicuous place in the club premises for
15 not less than one week before the date of the election; and
(C) for the election of members of the management committee by
the general body of members; and
(D) for the keeping of records of members voting at an election
of members; and
20 (h) must provide for the keeping of records of guests; and
(i) in the case of a club in respect of which a venue operator's licence is in
force, must provide that an authorised gaming visitor must--
(i) produce evidence of his or her residential address before being
admitted to the licensed premises; and
25 (ii) carry identification at all times whilst on the licensed premises;
and
(iii) comply with any relevant rules of the club whilst on the licensed
premises.
_______________
30
126
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 2
Act No.
SCHEDULE 2
Section 181
REPEALS
Act title Act number
97/1987
Liquor Control Act 1987
59/1990
Liquor Control (Fees) Act 1990
68/1990
Liquor Control (Packaged Liquor Licences) Act
1990
55/1992
Liquor Control (Clubs) Act 1992
122/1993
Liquor Control (Amendment) Act 1993
83/1994
Liquor Control (Amendment) Act 1994
96/1995
Liquor Control (Further Amendment) Act 1995
97/1995
Liquor Control (Licences and Permits) Act 1995
_______________
5
127
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
SCHEDULE 3
Section 182
SAVINGS AND TRANSITIONAL PROVISIONS
1. Definitions
5 In this Schedule--
"commencement day" means the day on which Part 11 of
this Act comes into operation;
"Commission" means the Liquor Licensing Commission
established under the repealed Act;
10 "licence" includes a licence within the meaning of the
repealed Act;
"licensed premises" includes licensed premises within the
meaning of the repealed Act;
"licensee" includes a licensee within the meaning of the
15 repealed Act;
"permit" includes a permit granted under the repealed Act;
"repealed Act" means the Liquor Control Act 1987.
2. Liquor Licensing Commission
(1) On the commencement day--
20 (a) the Commission is abolished and its members go out
of office;
(b) the office of Chief Executive Officer of the
Commission is abolished and the person who held
that office immediately before the commencement
25 day goes out of office.
(2) Despite sub-clause (1)(a), the Commission, as constituted
immediately before the commencement day, may hear and
determine any application or matter under the repealed Act
that was made or had arisen before that commencement.
30 (3) Subject to this clause, the repealed Act applies to the
hearing and determination of an application or matter under
sub-clause (2) as if this Act had not been enacted.
(4) Subject to this clause a determination under the repealed Act
made by reason of sub-clause (2) has effect--
128
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
(a) in the case of a determination relating to the grant,
variation, transfer or removal of a licence or permit--
as if it had been made under the repealed Act
immediately before the commencement day; and
5 (b) in any other case--as if it had been made under this
Act.
(5) A person who would be entitled to apply for review of a
determination of the Commission under sub-clause (2) by
virtue of section 105 of the repealed Act may apply to the
10 Tribunal for review of the determination and the repealed
Act applies to that review as if a reference in the repealed
Act to the Full Commission were a reference to the
Tribunal.
3. Licences and permits under repealed Act
15 A licence or permit of a kind, or having effect as if it were a
licence or permit of a kind, specified in column 1 of an item
in the Table that is in force immediately before the
commencement day is deemed to be, on and after the
commencement day, a licence or permit of the kind
20 specified in column 2 of that item granted and in force under
this Act.
TABLE
Item Column 1 Column 2
Licence or permit under Licence or permit
repealed Act under this Act
1. General (class 1) licence General licence
2. Residential licence General licence
3. On-premises licence On-premises
licence
4. General (class 2) licence On-premises
licence
5. Limited licence Limited licence
6. Full club licence Full club licence
7. Restricted club licence Restricted club
licence
Item Column 1 Column 2
Licence or permit under Licence or permit
repealed Act under this Act
129
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
8. Producer's or distributor's
licence--
8.1 - granted to a producer Pre-retail licence
8.2 - granted to a distributor Pre-retail licence
8.3 - granted to a vigneron Vigneron's licence
9. Packaged liquor licence Packaged liquor
licence
10. BYO permit BYO permit
4. Conditions of licences and permits under the repealed Act
(1) A licence or permit referred to in clause 3 is subject to the
conditions to which it was subject immediately before the
commencement day.
5 (2) The Director may remove a condition from a licence or
permit referred to in clause 3 (other than a condition
referred to in clause 6(3)) on application by a licensee or
permittee or on the Director's own initiative.
5. Extended hours permits
10 If, immediately before the commencement day, a licensee of
a licence referred to in column 1 of the Table in clause 3
held an extended hours permit under the repealed Act in
respect of the licensed premises, the licence held by the
licensee under this Act as a result of the operation of clause
15 3 authorises the licensee to supply liquor, in accordance
with the licence, at the times specified in that permit.
6. Additional authority and conditions for pre-retail licence for
producers and distributors
(1) A pre-retail licence held by a person as a result of the
20 operation of item 8.1 of the Table in clause 3 (producer)
authorises the licensee to do the things referred to in section
49(1)(a) of the repealed Act in addition to anything it
authorises the person to do under this Act.
(2) A pre-retail licence held by a person as a result of the
25 operation of item 8.2 of the Table in clause 3 (distributor)
authorises the licensee to do the things referred to in section
49(1)(c) of the repealed Act in addition to anything it
authorises the person to do under this Act.
130
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
(3) The Director cannot remove a condition of a licence referred
to in sub-clause (2) requiring the business carried on by the
licensee under the licence to be not less than 90% the
business of supplying liquor to licensees.
5 7. Restriction on general licence that was previously a residential
licence
If a residential licence granted under the repealed Act or a
licence having effect as a residential licence under the
repealed Act did not authorise the licensee to sell or dispose
10 of liquor for consumption off the licensed premises, the
general licence held by the licensee as a result of the
operation of clause 3 does not authorise the licensee to sell
or dispose of liquor for consumption off the licensed
premises, unless the licence is varied under this Act.
15 8. Restriction of on-premises licence granted to restaurant under
repealed Act
An on-premises licence held by a licensee as a result of the
operation of clause 3 in respect of an on-premises licence
granted under section 50(2)(d) of the repealed Act or having
20 effect as such a licence is subject to the condition that--
(a) the predominant activity carried on on the licensed
premises must be the preparation and serving of meals
for consumption on the licensed premises; and
(b) tables and chairs must be placed in position on the
25 licensed premises so as to be available for at least
75% of the patrons attending the premises at any one
time.
9. Premises under old general (class 2) licence that are approved
for gaming
30 If, immediately before the commencement day--
(a) a licensee held a general (class 2) licence under the
repealed Act in respect of licensed premises; and
(b) an approval was in force under Part 2A of the
Gaming Machine Control Act 1991 in respect of
35 those premises--
the on-premises licence held by the licensee on and after the
commencement day as a result of the operation of clause 3,
and that licence as renewed from time to time under this
Act, is deemed for the purposes of the Gaming Machine
40 Control Act 1991 to be a general licence.
131
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
10. Consents and approvals under repealed Act continue
(1) A consent of the Commission under section 120 of the
repealed Act that was in force immediately before the
commencement day continues in accordance with its terms
5 and conditions on and after the commencement day for the
purposes of section 105 of this Act as if it were a consent of
the Director under that section.
(2) A consent of the Commission under section 121 of the
repealed Act that was in force immediately before the
10 commencement day continues in accordance with its terms
and conditions on and after the commencement day for the
purposes of section 106 of this Act as if it were a consent of
the Director under that section.
(3) An approval of the Commission under section 128(2)(a)(i)
15 or 128(2)(d) of the repealed Act that was in force
immediately before the commencement day continues in
accordance with its terms and conditions (if any) on and
after the commencement day for the purposes of section
120(2)(a)(i) or 120(2)(e) of this Act as if it were an approval
20 of the Director under that section.
11. Nominees continue
A person who, immediately before the commencement day,
was a nominee of a licensee or permittee under section 86 of
the repealed Act continues to be a nominee of that licensee
25 or permittee on and after the commencement day for the
purposes of this Act as if he or she had been approved by
the Director under section 54 of this Act.
12. Endorsements continue
Any endorsements on a licence or BYO permit under the
30 repealed Act that were in force immediately before the
commencement day continue in force on and after the
commencement day in respect of the equivalent licence or
permit under this Act as if they had been made under this
Act.
35 13. Authorisation of person under section 102 of repealed Act
132
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
A person who, immediately before the commencement day,
carried on business as a result of an authorisation under
section 102 of the repealed Act in respect of a licence or
BYO permit continues to be authorised to carry on business
5 in respect of the equivalent licence or permit on and after
the commencement day as if their name had been endorsed
on the licence or permit under section 93 of this Act.
14. People disqualified under repealed Act
A reference in section 27 to a person who is disqualified
10 from holding a licence or permit under this Act includes a
reference to a person who was disqualified from holding a
licence or permit under the repealed Act.
15. Notices required to be displayed under section 110A of the
repealed Act
15 A requirement of the Commission under section 110A of the
repealed Act that a notice be displayed on licensed premises
that was in force immediately before the commencement
day continues in force on and after the commencement day
for the purposes of section 102 of this Act as if it were a
20 requirement of the Director under that section.
16. Members of former Co-ordinating Council
(1) The members of the Co-ordinating Council under section 6
of the repealed Act who were in office immediately before
the commencement day become members of the Co-
25 ordinating Council under section 5 of this Act on the
commencement day on the terms and conditions on which
they were appointed under the repealed Act.
(2) The members referred to in sub-section (1) hold office for
the remainder of the terms for which they were appointed
30 under the repealed Act, unless removed sooner.
17. Transitional provision--dry areas
(1) If, before the commencement of the Licensing Act 1928, a
local opinion poll had been taken in an electoral district as
constituted on 21 October 1920 and a resolution that no
35 licence be granted in that district had been carried, a licence
under this Act must not be granted in respect of, or relocated
to, any premises in that district except in accordance with
sub-clause (2).
(2) The following provisions have effect for the purposes of the
40 grant or relocation of a licence in respect of premises in a
district referred to in sub-clause (1)--
133
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
(a) before a new licence is granted in or an existing
licence is relocated to any part of that district, the
Director must in the case of a general licence, an on-
premises licence or a club licence and may if he or
5 she thinks proper in the case of any other licence
order a vote of electors to be taken in the
neighbourhood surrounding the proposed site of the
premises in respect of which a licence has been
applied for or to which a licence is sought to be
10 relocated (as the case may be);
(b) the neighbourhood is to be delineated by the Director
after consultation with the Chief Electoral Officer;
(c) the resolution to be submitted at the vote of electors
is--
15 That a licence (nature of licence to be stated) be
granted in [or relocated to] the neighbourhood
(neighbourhood to be sufficiently indicated);
(d) if a majority of the electors voting formally vote
against the resolution, the Director must not grant the
20 application for the licence or for the relocation of the
licence (as the case may be) nor may he or she grant
any application for a licence in or the relocation of a
licence to that neighbourhood within 3 years after the
taking of such vote;
25 (e) when the Director orders a vote to be taken under this
clause, the Chief Electoral Officer must take a vote of
electors accordingly and for that purpose--
(i) he or she may make all proper arrangements for
the taking of the vote;
30 (ii) every elector within the neighbourhood
delineated who is entitled to be enrolled on an
electoral roll for the Legislative Assembly on
the 60th day before the taking of the vote is
qualified to vote but may vote once only;
35 (iii) the manner of voting is to be similar to that
followed in the election of members to serve in
the Legislative Assembly but the voting paper
is to be marked as prescribed thereon;
(iv) subject to and for the purposes of this clause
40 the provisions of any law relating to rolls,
electors and elections for the Legislative
134
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
Assembly (including the provisions relating to
compulsory voting and voting by post and the
provisions relating to offences in connection
with such elections but not including the
5 provisions relating to absent voting) apply to
the taking of a vote under this clause with any
necessary adaptations.
(v) the Chief Electoral Officer must cause notice of
the result of the voting to be published in the
10 Government Gazette;
(vi) the Governor in Council may make regulations
prescribing the form of voting paper and all
matters and things authorised to be prescribed
or necessary or convenient to be prescribed for
15 the carrying out and giving effect to the
provisions of this clause.
(3) A reference in sub-clause (1) to a licence does not include a
reference to a licence of a kind mentioned in Column 2 of
item 5 in the Table in clause 3 granted to a person for a
20 purpose similar to the purpose for which a licence of a kind
mentioned in Column 1 of that item was or could have been
granted to that person under the repealed Act.
18. Councils may take poll of voters
(1) A Council in whose municipal district an electoral district or
25 part of an electoral district referred to in clause 17 is situated
may cause a poll of voters in that electoral district or part to
be held to obtain the opinion of the voters on whether the
provisions of clause 17 should be retained, altered or
repealed in respect of that electoral district or part.
30 (2) A poll under this clause is to be held in accordance with the
provisions of the Local Government Act 1989, except that
clause 16 of Schedule 3 to that Act does not apply.
(3) If a poll is held under this clause--
(a) the relevant Council must give written notice of the
35 result of the poll to the Minister; and
(b) if the result of the poll is that the provisions of clause
17 should be repealed in respect of an electoral
district or part, that clause ceases to apply in respect
of that district or part on and from the day on which
40 the result of the poll is announced; and
135
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 3
Act No.
(c) if the result of the poll is that the provisions of clause
17 should be altered in respect of an electoral district
or part, that clause is altered in respect of that district
or part in accordance with the result of the poll on and
5 from the day on which the result of the poll is
announced.
_______________
136
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 4
Act No.
SCHEDULE 4
Section 183
CONSEQUENTIAL AMENDMENTS
1. Club Keno Act 1993
5 For section 12ZC substitute--
"12ZC. Premises that may be approved
This Part applies to premises (other than approved
venues) in respect of which there is in force--
(a) a general licence under section 8 of the Liquor
10 Control Reform Act 1998; or
(b) a club licence (whether full or restricted) under
section 10 of the Liquor Control Reform Act
1998; or
(c) a licence under Part 1 of the Racing Act
15 1958.".
2. Gaming Machine Control Act 1991
2.1 In section 3(1), in the definition of "liquor" for "Liquor
Control Act 1987" substitute "Liquor Control Reform
Act 1998".
20 2.2 In section 12(1)(d) for sub-paragraphs (i) and (ii)
substitute--
"(i) a general licence under section 8 of the Liquor
Control Reform Act 1998 is in force; or
(ii) a club licence (whether full or restricted) under
25 section 10 of the Liquor Control Reform Act 1998
is in force;".
2.3 In section 12A--
(a) in sub-section (1) for paragraphs (a), (b) and (c)
substitute--
30 "(a) a general licence under section 8 of the Liquor
Control Reform Act 1998; or
(b) a club licence (whether full or restricted) under
section 10 of the Liquor Control Reform Act
1998; or";
137
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 4
Act No.
(b) in sub-section (2) for "section 48 of the Liquor
Control Act 1987" substitute "section 10 of the
Liquor Control Reform Act 1998".
2.4 In section 12L--
5 (a) for "Liquor Control Act 1987" substitute "Liquor
Control Reform Act 1998";
(b) in paragraph (a) for "removed" substitute
"relocated".
2.5 In section 28 for sub-section (1) substitute--
10 "(1) The venue operator or applicant for a venue operator's
licence must give notice in writing to the Authority if
any of the following occurs--
(a) an application is made under Division 4 of
Part 2 of the Liquor Control Reform Act
15 1998 for the grant, variation, transfer or
relocation of a licence or BYO permit under
that Act in respect of an approved venue;
(b) an application is made under section 63 of the
Liquor Control Reform Act 1998 for the
20 surrender of a licence or BYO permit in respect
of an approved venue;
(c) an application is made under section 64 of the
Liquor Control Reform Act 1998 for the
release of a licensee or permittee from their
25 obligations under that Act in respect of licensed
premises that are an approved venue;
(d) a partner's name is removed from a licence or
BYO permit under section 65 of the Liquor
Control Reform Act 1998 in respect of
30 licensed premises that are an approved venue;
(e) an application for an inquiry under Division 1
of Part 6 of the Liquor Control Reform Act
1998 in respect of a licensee or permittee of
licensed premises that are an approved venue;
35 (f) an application for cancellation or suspension of
a licence or BYO permit is made under
Division 2 of Part 6 of the Liquor Control
Reform Act 1998 in respect of licensed
premises that are an approved venue;
138
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Sch. 4
Act No.
(g) an application is made under section 104 of the
Liquor Control Reform Act 1998 for
approval of a person as a director of a licensee
or permittee of premises that are an approved
5 venue.".
2.6 In section 28(2)--
(a) for "Liquor Control Act 1987" substitute "Liquor
Control Reform Act 1998";
(b) in paragraph (a) for "removed" substitute
10 "relocated".
3. Planning and Environment Act 1987
Section 55A is repealed.
139
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
140
532141B.I1-7/10/98
Liquor Control Reform Act 1998
Act No.
141
532141B.I1-7/10/98
[Index] [Search] [Download] [Related Items] [Help]