Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 3

Definitions

3. Definitions



(1) In this Act-

alcohol-based food essence means a food flavouring preparation in liquid form
intended for human consumption with an alcoholic content greater than 0×5% by
volume at a temperature of 20° Celsius; alcohol-related violence or disorder
means violence or disorder resulting from or related to the consumption of
alcohol (whether or not the alcohol is consumed in the place where the
violence or disorder occurs);

amenity has the meaning given by section 3A;

associate has the meaning given in section 3AC;



Australian lawyer has the same meaning as in the Legal Profession Act 2004;



authorised gaming visitor means a person-

   (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 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 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 the Minister under subsection
        (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 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 this Act; authorised
person, in Division 3 of Part 8, means-

   (a)  the Director; or

   (b)  a compliance inspector; or

   (c)  a member of the police force;

authorised premises means premises referred to in section 9(1)(b); banning
notice means a notice given under section 148B;

breach notice means a notice served by the Director under section 97A;

BYO permit means a BYO permit granted under this Act;

Chief Commissioner means Chief Commissioner of Police appointed under the
Police Regulation Act 1958; compliance inspector means a person appointed as a
compliance inspector under section 172A;

contested application means-

   (a)  an application for the grant, variation, transfer or relocation of 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);
        or

   (b)  an application under section 30 for the variation of a licence or BYO
        permit in respect of which an objection is received under section
        30(b) within the period set out in that section for that objection (or
        that period as extended under section 174); convenience store means a
        premises of not more than 240 square metres on which food, drinks and
        other convenience goods are sold;

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; designated
area means an area declared under section 147 to be a designated area for the
purposes of Part 8A;

Director means Director of Liquor Licensing 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 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 of the body corporate are accustomed to act; domestic
        partner of a person means-

   (a)  a person who is in a registered relationship with the person; or

   (b)  an adult person to whom the person is not married but with whom the
        person is in a relationship as a couple where one or each of them
        provides personal or financial commitment and support of a domestic
        nature for the material benefit of the other, irrespective of their
        genders and whether or not they are living under the same roof, but
        does not include a person who provides domestic support and personal
        care to the person-

   (i)  for fee or reward; or

   (ii) on behalf of another person or an organisation (including a government
        or government agency, a body corporate or a charitable or benevolent
        organisation);

driver licence means a driver licence issued under the Road Safety Act 1986;

evidence of age document means-

   (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 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

   (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 be determined; exclusion order means
an order made by a court under section 148I;

food court means an area set aside on a retail premises for the consumption of
food or drink by the customers of premises used for the sale of food or drink
that are next to, or near, the area; guardian, in relation to a person who is
under the age of 18 years, means a person who is authorised by law to manage
the affairs of that young person;



guest-

   (a)  in relation to licensed premises under a general licence, means a
        person introduced to the premises by a resident; and

   (b)  in relation to licensed premises under a club licence, means a person
        introduced to the club by a member in accordance with the rules of the
        club; homeless person has the same meaning as in the
        Magistrates' Court Act 1989;



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late hour entry declaration means a declaration made under section 58B;



licence means a licence granted under this Act;

licensed premises means the premises in 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;

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% by volume at a
temperature of 20° Celsius;

nominee of a licensee or permittee, means a person approved under section 54
as nominee of that licensee or permittee;

ordinary trading hours means-

   (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 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 ANZAC Day;

   (b)  in relation to a club licence-

   (i)  any time on any day other than Sunday, Good Friday or ANZAC 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 ANZAC Day;

   (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 or Christmas 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 ANZAC Day;

   (d)  in relation to a vigneron's licence-

   (i)  the hours between 7 a.m. and 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 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 who would be so entitled if the premises were let at a rent;

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permittee means the holder of a BYO permit;

premises includes a vehicle, vessel and aircraft;

proof of age card means a document issued by the Director under section 176;

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relevant police member means-

   (a)  an authorised member of the police force; or

   (b)  a member of the police force authorised under section 148N(1) to be a
        relevant police member;

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 of a building or part of a building as a separate
        residence- but does not include licensed premises;

resident, in relation to licensed premises, means a person (other than the
licensee or permittee) residing or lodging on the licensed premises;
responsible adult, in relation to a person who is under the age of 18 years,
means a person who is of or over the age of 18 years and who is-

   (a)  the younger person's parent, step-parent, guardian or grandparent; or

   (b)  the younger person's spouse; or

   (c)  a person who is acting in place of a parent and who could reasonably
        be expected to exercise responsible supervision of the younger person;
        Secretary means Secretary to the Department of Justice;

specified offence, in relation to a banning notice or an exclusion order,
means an offence specified in Schedule 2;

spouse of a person means a person to whom the person is married;

state of intoxication has the meaning given by section 3AB(1);



supply includes sell, offer or expose for sale, exchange, dispose of and give
away;

TAFE institute has the same meaning as in the
Education and Training Reform Act 2006;

tax officer has the same meaning as in the Taxation Administration Act 1997;

Tribunal means Victorian Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;

uncontested application means an application 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 period as extended under section
174); university has the same meaning as in the
Education and Training Reform Act 2006;

vending machine means a machine or device that is designed to enable the
purchase of items stored in the machine or device by the insertion of money, a
token, a card or a similar object into the machine or device; venue operator's
licence has the same meaning as in the Gambling Regulation Act 2003;





vigneron means a person who-

   (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
        premises owned or occupied by the person) fermentation facilities in
        operating order sufficient for the annual production reasonably
        expected from the vineyard or orchard.

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(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 satisfied that it is in the
interests of the community to do so.

(3) For the purposes of the definition of domestic partner in subsection (1)-

   (a)  registered relationship has the same meaning as in the
        Relationships Act 2008; and

   (b)  in determining whether persons who are not in a registered
        relationship are domestic partners of each other, all the
        circumstances of their relationship are to be taken into account,
        including any one or more of the matters referred to in section 35(2)
        of the Relationships Act 2008 as may be relevant in a particular case;
        and

   (c)  a person is not a domestic partner of another person only because they
        are co-tenants.