LIQUOR CONTROL REFORM ACT 1998

Victorian Consolidated Legislation

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LIQUOR CONTROL REFORM ACT 1998

No. 94 of 1998
Version incorporating amendments as at 2 June 2009

TABLE OF PROVISIONS

Section Page

PART 1-PRELIMINARY

1. Purpose
2. Commencement
3. Definitions
3A. What is amenity?
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

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
10. Club licence
11. Packaged liquor licence
12. Pre-retail licence
13. Vigneron's licence
14. Limited licence
15. BYO permit
16. Licence and permit condition-compliance with planning scheme
17. Licence condition-extended hours
18. Licence and permit condition-approval of directors
18A. Repealed
18B. Licence condition-security cameras

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

Division 3-Restrictions on grant of licences and BYO permits

22. Certain premises not to be licensed
23. Repealed
24. Further restriction on grant of packaged liquor licence
25. Restrictions on grant of club licences
25A. Restriction on insertion of licence condition permitting vending machines
26. Restriction on grant of limited licence
Divisions 3A, 3B-Repealed
26A-26T Repealed

Division 4-Applications for grant, variation, transfer and
relocation of licences and BYO permits

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
39. Objection by Chief Commissioner
40. Objection by local council
41. Objection to licence by licensing inspector
42. Director may refuse to accept objection
43. Withdrawal of objection

Division 6-Determination of applications

44. Determination of uncontested applications
45. Referral of contested applications to Panel
46. What does the Panel do?
47. Determination of contested application after Panel report
48. Director may permit amendments and disregard errors
49. Licence and BYO permit conditions
50. Period of licence or BYO permit
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
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 Director

58. Variation of licence or BYO permit at initiative of Director
58A. Correcting mistakes

Division 7A-Late hour entry declarations

58B. Director may make late hour entry declarations
58C. Making a late hour entry declaration
58CA. Temporary late hour entry declaration
58D. Director may revoke or vary a late hour entry declaration

Division 8-Renewal of licences and BYO permits

59. Licence to be renewed within 21 days
60. Licence renewal after 21 days
61. Notice of failure to renew licence or BYO permit
62. Power to owner and others to renew licence

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

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 Director
86. Effect of endorsement

PART 5-TRIBUNAL REVIEWS

87. Application for review of licence and permit decisions
87A. Application for review of late hour entry declaration
87B. Time limit for applying for review of late hour entry
declaration
88. Application for review of other decisions
89. Time limit for applying for review

PART 6-INQUIRIES AND DISCIPLINARY PROVISIONS

Division 1-Inquiries

90. Application for inquiry
91. What may Tribunal do on an inquiry?
92. Disqualification
93. Endorsement of licence or permit by Tribunal

Division 2-Licence or permit cancellation or suspension in other circumstances

94. Application by Director
95. Application by others
96. Cancellation or suspension by Tribunal
96A. Suspension by police
96B. Suspension by Director

Division 3-Effect of suspension

97. Effect of suspension of licence or permit

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
100. Residents' register
101. Copy of licence or permit to be displayed on premises
101A. Plan of premises to be given to the Director if requested
101B. Plan of premises to be retained and produced for inspection
102. Notices required by the Director 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

PART 8-OFFENCES AND ENFORCEMENT

Division 1-General offences

107. Unlicensed selling of liquor
108. Offences by licensee and permittee
108A. Evidence to be produced that responsible service programs undertaken
108B. Corporate licensee must provide details of directors
109. Taking orders for liquor at unlicensed premises
109A. Sale of liquor through vending machines
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
114. Offences by persons other than licensee or permittee
115. Betting on licensed premises
115A. Prohibited advertising or promotion
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
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

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
133-133B Repealed
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

133F. Undertakings
133G. Register of undertakings

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
142, 143. Repealed
144. Infringement penalties
145. Repealed
146. Effect of expiation

Division 6-Liquor accords

146A. Definitions
146B. Liquor accord terms
146C. Trade Practices Act and Competition Code
146D. Information disclosure in relation to liquor accord bans

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

148N. Relevant police members
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 9-ADMINISTRATION

Division 1-Director of Liquor Licensing

149. Director of Liquor Licensing
150. Terms of appointment
151. Resignation and removal from office
152. Acting Director
153. Functions and powers
154. Investigations and inquiries by the Director
155. Delegation
156. Validity of acts and decisions
156A. Assistance to be provided

Division 2-Liquor Licensing Panel

157. Establishment and membership
158. Terms of appointment
159. Resignation and removal
160. Functions of Panel
161. Constitution of Panel for considering applications

Division 3-Hearings

162. Directions about hearings
163. Hearings to be in public
164. General procedure for hearings
165. Who may appear before a panel?
166. Effect of failure to attend hearing
167. Adjournment of hearings
168. Panel may regulate its own procedure
169. Panel may take into account any relevant matter
170. Evidence inadmissible in Tribunal proceedings
171. Power of entry and inspection

Division 4-Licensing inspectors

172. Licensing inspectors

Division 5-Compliance inspectors

172A. Compliance inspectors
172B. Criminal record checks
172C. Identity cards
172D. General functions of compliance inspectors

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
179. Records to be made and kept by certain licensees
179A. Repealed
180. Regulations

PART 11-REPEALS, CONSEQUENTIAL AMENDMENTS
AND TRANSITIONALS

181. Repealed
182. Savings and transitional provisions
183. Repealed
__________________
SCHEDULE 1-Club Licences
SCHEDULE 2-Specified Offences for the Purposes of Banning Notices and Exclusion Orders
SCHEDULE 3-Savings and Transitional Provisions
1. Definitions
2. Liquor Licensing Commission
3. Licences and permits under repealed Act
4. Conditions of licences and permits under the repealed Act
5. Extended hours permits
6. Additional authority and conditions for pre-retail licence for producers and distributors
7. Restriction on general licence that was previously a residential licence
8. Restriction of on-premises licence granted to restaurant under repealed Act
9. Premises under old general (class 2) licence that are approved
for gaming
10. Consents and approvals under repealed Act continue
11. Nominees continue
12. Endorsements continue
13. Authorisation of person under section 102 of repealed Act
14. People disqualified under repealed Act
15. Notices required to be displayed under section 110A of the repealed Act
16. Members of former Co-ordinating Council
17. Transitional provision-dry areas
18. Councils may take poll of voters
19. Transitional provisions-Liquor Control Reform (Amendment) Act 2001.
20. Transitional provision-Liquor Control Reform (Packaged Liquor Licences) Act 2002.
21. Transitional provisions-Liquor Control Reform
Amendment Act 2007.
SCHEDULE 4-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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