Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 22

Certain premises not to be licensed

22. Certain premises not to be licensed



(1) The Director must not grant a licence or BYO permit in respect of-

   (a)  premises used primarily as a drive-in cinema; or

   (b)  premises used primarily as a petrol station; or

   (c)  premises that, in the opinion of the Director, are used primarily as a
        milk bar, convenience store or mixed business; or

   (ca) premises that, in the opinion of the Director, are intended by the
        occupier of the premises to be primarily used by people under the age
        of 18 years; or

   (d)  premises in a class of premises prescribed for the purposes of this
        section.

(2) The Director, with the approval of the Minister, may grant a licence in
respect of premises referred to in subsection (1)(c) if the Minister is
satisfied 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.

(3) For the purposes of subsection (1)(b) regard must be had to the following
factors-

   (a)  the physical location of the area set aside as the licensed premises;
        and

   (b)  the primary means of access to and egress from the area set aside as
        the licensed premises; and

   (c)  whether or not a reasonable person would consider that the area set
        aside as the licensed premises is part of premises that are used
        primarily as a petrol station.

(4) The regulations referred to in subsection (1)(d) may permit the Director
to grant a licence or BYO permit in respect of premises prescribed for the
purposes of this section if the Director has the approval of the Minister to
do so.



* * * * *