Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 11

Packaged liquor licence

11. Packaged liquor licence



(1) A packaged liquor licence authorises the licensee 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-

for consumption off the licensed premises.

(2) If-

   (a)  the licensed premises under a packaged liquor licence is located
        within premises 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-

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.

(3) A packaged liquor licence is subject to-

   (aa) a condition that the predominant activity carried on in the area set
        aside as the licensed premises is the sale by retail of liquor for
        consumption off the licensed premises; and

   (aab) a condition that, following the period of 3 months after the grant or
        transfer of the licence to the licensee, the area set aside as the
        licensed premises is, at any time when it is open for business, under
        the management or control of a person who has completed a responsible
        service of alcohol program approved by the Director under subsection
        (4); and

   (aac) a condition that every person who has the management or control of
        the area set aside as the licensed premises when it is open for
        business must have completed a responsible service of alcohol program
        approved by the Director under subsection (4) in the previous
        financial year; and

   (aad) a condition that the licensee comply with the code of conduct (if
        any) determined by the Minister under subsection (5) as in force from
        time to time; and

   (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, 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 Director and specified in the
        licence.

(4) The Director may, from time to time, approve programs to be responsible
service of alcohol programs for the purposes of the licence condition referred
to in subsection (3)(aab) and the licence condition referred to in subsection
(3)(aac).

(5) The Minister, by notice published in the Government Gazette, may determine
a code of conduct, consistent with the objects of this Act, for licensees of
packaged liquor licences.





(6) The Minister may, at any time by notice published in the Government
Gazette, vary or revoke the code of conduct under subsection (5).

(7) The Minister must not determine a code of conduct, or vary or revoke it,
until the Minister has consulted packaged liquor licensees.

(8) The Small Business Commissioner appointed under the
Small Business Commissioner Act 2003 may investigate the compliance by
licensees of packaged liquor licences with a code of conduct under subsection
(5).