LIQUOR CONTROL REFORM ACT 1998
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 3A What is amenity?
- 3AA Evidence constituting detraction from or detriment to amenity of area
- 3AB What is intoxication?
- 3AC Who is an associate?
- 3B Where supply occurs if off-premises request made
- 4 Objects
- 5 Liquor Control Advisory Council
- 6 Act not to apply in certain cases
- 6A Exemption from Act—bed and breakfast businesses
- 6B Exemption from Act—florist or giftmaker
- 6C Exemption from Act—hairdressers
- 6D Exemption from Act—butchers
- 6E Exemption from Act—hospitals
- 6F Exemption from Act—residential care services
- 6G Exemption from Act—retirement villages
- 6H Exemption from Act—cruise ships
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?
- 8 General licence
- 9 On-premises licence
- 9A Restaurant and cafe licence
- 10 Club licence
- 11 Packaged liquor licence
- 11A Late night licence
- 11B Remote seller's packaged liquor licence
- 12 Pre-retail licence
- 13 Producer's licence
- 14 Limited licence
- 14A Major event licence
- 14B Determination of major event
- 15 BYO permit
- 15A ANZAC Day restrictions
- 15B Exemptions from ANZAC Day restrictions—Duty free shops and aircraft
- 15C Exemptions from ANZAC Day restrictions—Residents and guests
- 15D Exemptions from ANZAC Day restrictions—Wineries
- 15E Sexually explicit entertainment licence condition—fees
- 16 Licence and permit condition—compliance with planning scheme
- 17 Licence condition—extended hours
- 18 Licence and permit condition—approval of directors
- 18B Licence condition—security cameras
- 18C Licence conditions—supply of liquor if off-premises request made
- 18D Minister may specify additional conditions in relation to supply of packaged liquor
Division 2--Additional authority of licences
- 19 30-minute period for consumption of liquor after hours
- 20 Gratuitous supply of liquor
- 21 Bringing of liquor onto licensed premises
- 21A Taking away of unconsumed liquor from licensed premises
- 21B Supply of packaged liquor during state of emergency or when pandemic declaration is in force
Division 3--Restrictions on grant of licences and BYO permits
- 22 Certain premises not to be licensed
- 24 Further restriction on grant of packaged liquor and late night (packaged liquor) licences
- 25 Restrictions on grant of club licences
- 26 Restriction on grant of limited licence
- 26A Restriction on grant of major event licence
- 26B Restriction on the grant of certain licences—approved responsible service of alcohol programs
- 26C Approval of responsible service of alcohol programs
Division 4--Applications for grant, variation, transfer and relocation of licences and BYO permits
- 27AA Definitions
- 27 Who can apply for a licence or BYO permit?
- 28 Form of application
- 29 Application for variation of licence or BYO permit
- 30 Procedure on application for variation by Chief Commissioner or licensing inspector
- 31 Application for relocation of licence or BYO permit
- 32 Application for transfer of licence or BYO permit
- 33 Copy of application to be given to police and local council
- 34 Public display of licence application
- 35 Advertisement of licence application
- 36 Notification of particular persons
- 37 Guidelines
Division 5--Objections
- 38 Objection on ground of amenity or harm
- 39 Objection by Chief Commissioner
- 40 Objection by local council
- 41 Objection to licence by licensing inspector
- 42 Commission may refuse to accept objection
- 43 Withdrawal of objection
Division 6--Determination of applications
- 44 Determination of uncontested applications
- 47 Determination of contested application
- 48 Commission may permit amendments and disregard errors
- 49 Licence and BYO permit conditions
- 49A Grant, variation or relocation of licence and BYO permit takes effect in certain circumstances
- 49B Supply of liquor under licence or BYO permit that is not in effect
- 50 Period of licence or BYO permit
- 50A Notice of right to use premises as licensed premises
- 50B Time transfer of licence or BYO permit takes effect
- 50C Notice of right to occupy
- 51 Form of licence or BYO permit and endorsements
- 52 Copy of licence or BYO permit
- 53 Liability of joint and incorporated licensees or permittees and unincorporated clubs
- 53A Criminal liability of officers of bodies corporate—accessorial liability
- 53B Criminal liability of officers of bodies corporate—failure to exercise due diligence
- 53C Criminal liability of officers of bodies corporate—failure to exercise due diligence (evidential burden of proof)
- 54 Nominee of licensee or permittee
- 55 Transfer of club licence to incorporated association
- 56 Concurrent dealing with transfer and relocation
- 57 Effect of transfer or relocation
Division 7--Variation of licence or BYO permit by Commission
- 58 Variation of licence or BYO permit at initiative of Commission
- 58A Correcting mistakes
- 58AB Variation of licence or BYO permit during state of emergency or when pandemic declaration is in force
Division 7A--Late hour entry declarations
- 58B Commission may make late hour entry declarations
- 58C Making a late hour entry declaration
- 58CA Temporary late hour entry declaration
- 58D Commission may revoke or vary a late hour entry declaration
Division 8--Renewal of licences and BYO permits
- 59 Licence to be renewed within 3 months
- 60 Licence renewal after 3 months
- 61 Notice of failure to renew licence or BYO permit
- 62 Power to owner and others to renew licence
Division 8A--Cancellation of licence or BYO permit at request of owner or mortgagee
- 62A Application for cancellation of a licence or BYO permit by owner or mortgagee
- 62B Licensee or permittee must be notified of application for cancellation
- 62C Licensee or permittee may object to cancellation of licence or BYO permit
- 62D Decision to cancel licence or BYO permit
Division 9--Surrender and lapse of licence or BYO permit
- 63 Surrender of licence or BYO permit
- 64 Release of licensee or permittee
- 65 Partner leaving partnership
- 66 Licence or permit lapses if not endorsed
Division 10--Provision of information
- 66AA Definitions
- 66AB Specification of certain licences
- 66AC Specification of certain licences as small business licences
- 66AD Requirement to provide wholesale information
- 66A Information in relation to fees
PART 3--SPECIAL PROCEDURES FOR CERTAIN LICENCES
Division 1--Club licences for amalgamated clubs
- 67 Application by amalgamated club for a club licence
- 68 Objection to grant of licence to amalgamated club
- 69 Grant of licence to amalgamated club
- 70 Division does not affect Division 4 of Part 2
Division 2--Casino premises
- 71 Definitions
- 72 Application of Division
- 73 Requirements for an application to which this Division applies
- 74 Grant of application
Division 3--Australian Grand Prix
- 75 Definitions
- 76 Application of Division
- 77 Requirements for an application to which this Division applies
- 78 Objection by Chief Commissioner
- 79 Grant of application
PART 4--AUTHORISATION OF OTHERS TO CARRY ON LICENSED BUSINESS
- 80 Application by executors, trustees and administrators for endorsement on licence or BYO permit
- 81 Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit
- 82 Application procedure
- 83 Objection by Chief Commissioner
- 84 Grant of application
- 85 Endorsement at initiative of Commission
- 86 Effect of endorsement
PART 4A--DEMERITS REGISTER
- 86AA Definitions
- 86A Demerits Register
- 86B Commission to record demerit points
- 86C Record of day on which offence was committed
- 86D Commission must notify licensee or permittee when demerit point is incurred
- 86E Automatic suspension of licence or permit if certain number of demerit points incurred
- 86F Date of commencement of suspension
- 86G Notice of suspension
- 86H Minister may suspend, cancel or delay a suspension
- 86HA Demerit points automatically removed on transfer of licence or permit
- 86I Commission may remove demerit points of transferee who has relevant relationship
- 86IA Reinstatement of removed demerit points in the Register
- 86IB Notice of proposed reinstatement of demerit points and determination
- 86J Demerit point automatically deducted after 3 years
- 86K Commission may publish details of licences and permits
PART 6--INQUIRIES AND DISCIPLINARY PROVISIONS
Division 1--Disciplinary action against licensee or permittee
- 90 Definitions
- 91 Inquiry into whether there are grounds to take disciplinary action
- 92 Licensee or permittee to be given notice of any inquiry under this Division
- 92A Other interested persons to be given notice of any inquiry under this Division
- 93 Commission's determination following inquiry into existence of grounds for disciplinary action
- 93A Disciplinary action that is a cancellation, suspension or variation of licence or permit
- 93B Disciplinary action that is a fine
- 93C Disciplinary action that is a letter of censure
- 93D Disqualification
- 93E Endorsement of licence or permit by Commission
Division 2--Licence or permit cancellation or suspension in other circumstances
- 94 Inquiry into amenity or disuse
- 94A Commission must give notice of proposal to conduct inquiry under section 94
- 94B Other interested persons to be given notice of proposal to conduct inquiry under section 94
- 95 Cancellation, suspension or variation of licence or BYO permit by Commission
- 96A Suspension by police
- 96B Suspension by Commission
- 96C Evidentiary matters
Division 3--Effect of suspension
Division 4--Breach notices
- 97A Service of breach notice
- 97B Variation or suspension of licence
PART 7--OBLIGATIONS OF OWNERS, MORTGAGEES, LICENSEES AND PERMITTEES
- 98 Owners and mortgagees of licensed premises
- 99 Refreshments to be available
- 99A Free drinking water to be provided at licensed premises
- 99B Exemption from requirement to provide free drinking water—without application
- 99C Exemption from requirement to provide free drinking water—on application
- 99D Matters Commission must consider when exempting licensees from free drinking water requirements
- 100 Residents' register
- 101 Copy of licence or permit to be displayed on premises
- 101B Plan of premises to be retained and produced for inspection
- 102 Notices required by the Commission must be displayed
- 103 Change of directors
- 103A Change of associates
- 104 Approval of directors
- 105 No letting or sub-letting without consent
- 106 Control of business of supply of liquor
- 106A Lessees etc. are liable for offences
- 106B Requirement to notify Commission that sexually explicit entertainment provided on licensed premises
PART 7A--BARRING ORDERS
- 106C Definitions
- 106D Barring orders
- 106E Police must produce proof of identity
- 106F Content of barring order
- 106G Duration of barring order
- 106H Requirement to give name and address
- 106I Variation and revocation of barring order
- 106J Offences
- 106K Licensee or permittee must keep records of barring orders
PART 8--OFFENCES AND ENFORCEMENT
Division 1--General offences
- 107 Unlicensed selling of liquor
- 108 Offences by licensee and permittee
- 108AA Licensee must complete refresher approved responsible service of alcohol programs
- 108AB Licensee must ensure staff complete approved responsible service of alcohol programs
- 108AC Licensee must ensure staff complete refresher approved responsible service of alcohol programs
- 108AD Licensee must keep RSA certificates
- 108AE Licensee must produce RSA certificates for inspection
- 108AF Exemption from approved responsible service of alcohol program requirements—without application
- 108AG Exemption from approved responsible service of alcohol program requirements—on application
- 108AH Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements
- 108B Corporate licensee must provide details of directors
- 109 Taking orders for liquor at unlicensed premises
- 109A Sale of liquor through vending machines
- 109B Written notice for delivery of liquor supplied by off-premises request
- 109C Person must not deliver liquor supplied by off-premises request to intoxicated persons
- 110 Holding out
- 111 Bringing liquor to premises outside trading hours
- 112 Keeping liquor in unlicensed club
- 113 Consuming or having liquor on unlicensed premises
- 113A Consumption of liquor on party buses
- 114 Offences by persons other than licensee or permittee
- 115 Betting on licensed premises
- 115A Prohibited advertising or promotion
- 115B Certain advertising prohibited within 150 metres of school
- 115C No compensation
- 116 Falsely indicating that premises are licensed
- 117 Procuring transfer by fraud
- 118 False or misleading statements
Division 1A--Restrictions on the supply of liquor and other alcoholic products
- 118A Restrictions on retail supply of alcohol‑based food essences
- 118B Regulations prohibiting supply of classes of liquor
Division 2--Underage drinking
- 119 Supplying liquor to minors
- 119A Person must not deliver liquor to a person who is under 18 years of age
- 120 Allowing minors on licensed or authorised premises
- 121 Sending minor to obtain liquor
- 122 Permitting minor to supply liquor
- 123 Offences by minors
- 124 Wrongful dealing in evidence of age document
- 125 Offence to falsely procure proof of age card
Division 3--Investigatory powers
- 125A Application of powers conferred on protective services officers under this Division
- 126 Power to demand suspected minor to give his or her age
- 127 Seizure of evidence of age document
- 128 Seizure of liquor from minors
- 129 Right of entry
- 130 Powers of authorised persons
- 130A Power to require names and addresses
- 130B Search warrants
- 130C Announcement before entry
- 130D Copy of warrant to be given to occupier
- 130E Offences relating to obstruction of authorised persons
- 130F Protection against self-incrimination
- 131 Power to seize liquor in certain cases
- 132 Police to assist if person asked to leave premises
- 133C Access to seized documents
- 133D Use of equipment to examine or process documents
- 133E Use or seizure of electronic equipment at premises
Division 3A--Undertakings by licensees
Division 3B--Injunctive relief
- 133H Injunctions to restrain conduct
- 133I Injunctions to do an act or thing
- 133J Interim injunctions
- 133K Power to rescind or vary injunctions
- 133L Undertakings as to damages and costs
Division 4--Legal proceedings
- 134 Presumption as to holder of licence or permit
- 135 Averments
- 136 Sufficient evidence of certain matters
- 137 Copies of certain documents
- 138 Property forfeited
- 139 Concurrent proceedings
- 140 Notice of conviction
Division 5--Infringement notices
- 141 Power to serve an infringement notice
- 144 Infringement penalties
- 146 Effect of expiation
Division 6--Liquor accords
- 146A Definitions
- 146B Liquor accord terms
- 146C Competition and Consumer Act and Competition Code
- 146D Information disclosure in relation to liquor accord bans
- 146DA Licensee or permittee must not disclose confidential information
- 146DB Licensee or permittee may consult with police in relation to liquor accord
Division 7--Advanced RSA programs
- 146E Approval of advanced RSA programs
- 146F Direction to complete approved advanced RSA program
PART 8A--BANNING NOTICES AND EXCLUSION ORDERS
Division 1--Designated areas
- 147 Order declaring designated area
- 148 Court proceedings regarding Order
- 148A Variation and revocation of Order
Division 2--Banning notices
- 148B Issue of banning notice
- 148C Content of banning notice
- 148D Requirement to give name and address
- 148E Variation and revocation of banning notice
- 148F Offence to contravene banning notice or fail to comply with police directions
- 148G Direction to leave designated area or licensed premises
- 148H Police may use reasonable force to remove person
Division 3--Exclusion orders
- 148I Exclusion orders
- 148J Offence to contravene exclusion order or fail to comply with police directions
- 148K Direction to leave designated area or licensed premises
- 148L Police may use reasonable force to remove person
- 148M Variation of exclusion order
Division 4--General
- 148O Licensed premises include authorised premises
- 148P Disclosure of information for enforcement purposes
- 148Q Offence to permit contravention of banning notice or exclusion order
- 148R Annual report by Chief Commissioner
PART 8B--CLOSURE AND EVACUATION OF LICENSED PREMISES FOR FIRE AND EMERGENCY PURPOSES
Division 1--Preliminary
- 148S Definitions
Division 2--Power of entry and inspection
- 148T Appointment of fire safety inspector
- 148U Fire safety inspector's identity card
- 148V Production of identity card
- 148W Entry and search of certain premises for serious fire threat
- 148X Search of premises after entry authorised by any other Act
- 148Y Requirement to assist the fire safety inspector during search of certain premises
- 148Z Refusal or failure to comply with requirement
- 148ZA Offence to refuse entry to a fire safety inspector
- 148ZB Offence to give false or misleading information
Division 3--Closure and evacuation notices
- 148ZC Advice of fire safety inspector as to serious fire threat
- 148ZD Issue of closure and evacuation notice
- 148ZE Service of closure and evacuation notice
- 148ZF Issue and service of subsequent notice
- 148ZG Content of closure and evacuation notice
- 148ZH Direction to leave licensed premises
- 148ZI Fire safety inspector may request assistance of police
- 148ZJ Offence to fail or refuse to comply with a closure and evacuation notice or direction
- 148ZK Offence to allow entry
- 148ZL Sign must be displayed
- 148ZM Injunction to prevent or restrain a contravention
- 148ZN Notification of completion of rectification work
- 148ZO Inspection by fire safety inspector of rectification work
- 148ZP Revocation of closure and evacuation notice and subsequent notice
- 148ZQ Giving advice or a decision in writing or orally
Division 5--General
- 148ZS Disclosure of information for enforcement purposes
- 148ZT Disclosure of information by the Commission
- 148ZX Power to serve an infringement notice
- 148ZY Infringement penalties
PART 9--ADMINISTRATION
Division 1--Statements of reasons
- 149 Request for statement of reasons for decision
- 150 Content of statement of reasons and by when they must be given
Division 2--Internal review
Division 6--of Part 2
Division 6--of Part 2
Division 6--of Part 2
Division 6--of Part 2
- 153 Applications for internal review
- 154 Notification of certain persons of application for internal review
- 155 Commission on review must not include commissioner who made the reviewable decision
- 156 Commission on review must include Chairperson or a Deputy Chairperson
- 157 Decisions on internal review
- 158 Review of reviewable decisions relating to refusals to grant licence or BYO permit
- 159 Review of reviewable decisions relating to late hour entry declarations
- 160 Applications for internal review do not affect operation of reviewable decisions
Division 2A--Compulsory conferences
- 161 Main purposes of compulsory conference
- 162 Commission may refer internal review to compulsory conference
- 163 Notice of compulsory conference
- 164 Conduct of compulsory conference
- 165 Objection to commissioner who conducted compulsory conference being part of Commission on review under Division 2
- 166 Failure to attend a compulsory conference
- 167 Evidence inadmissible in internal review by Commission
Division 3--Review by VCAT
- 169 Application for review of internal review decisions under Division 2 of this Part
- 170 Time limit for applying for review
Division 4--Licensing inspectors
Division 5--Appeals on questions of law
- 172A Appeal to Supreme Court
PART 9A--VICTORIAN LIQUOR COMMISSION
Division 1--Establishment, functions and powers
- 172B Establishment of Commission
- 172C Commission represents the Crown
- 172D Functions of Commission
- 172E Powers of Commission
Division 2--Membership of Commission
- 172F Constitution of Commission
- 172G Eligibility for appointment
- 172H Chairperson
- 172I Deputy Chairperson
- 172J Additional commissioners
- 172K Sessional commissioners
- 172L Term of appointment and remuneration
- 172M Acting appointments
- 172N Vacancies and resignation
- 172O Validity of decisions
- 172P Disclosure of interests
- 172Q Protection from liability
- 172R Identity cards
Division 3--Staffing and delegation
- 172S Staffing the Commission
- 172T Delegation
Division 4--Performance and exercise of the Commission's functions and powers
- 172U Basic requirement
- 172V Ministerial directions
- 172W How may Commission's functions and powers be performed or exercised?
- 172X Meetings and inquiries generally
- 172Y Meetings
- 172Z Are Commission meetings and inquiries open to the public?
Division 5--Liquor inspectors
- 172ZA Appointment
- 172ZB Criminal records check
- 172ZC Functions and powers of liquor inspectors
- 172ZD Identity cards
PART 9B--INVESTIGATIONS AND INQUIRIES OF COMMISSION
Division 1--Investigations
- 172ZE General power of investigation
Division 2--Inquiries
- 172ZF Inquiries by Commission
- 172ZG Conduct of inquiry
- 172ZH Community interest inquiries
- 172ZI Procedure for community interest inquiries
- 172ZJ Minister may require interim report
- 172ZK Final report to be provided to Minister
PART 10--GENERAL
- 173 Service of notices and other documents
- 174 Extension of time for objections
- 175 Application of Gambling Regulation Act 2003
- 176 Issue of proof of age cards
- 177 Treasurer may make payments
- 178 Treasurer may require information
- 178A Delegation
- 179 Records to be made and kept by certain licensees
- 180 Regulations