Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 38

Objection on ground of amenity

38. Objection on ground of amenity



(1) Any person may object to the grant, variation or relocation of a licence
on the ground that the grant, variation or relocation would detract from or be
detrimental to the amenity of the area in which the licensed premises or
proposed licensed premises are situated.

(1A) In addition to the ground referred to in subsection (1), any person may
object to the grant, variation or relocation of a packaged liquor licence on
the ground that the grant, variation or relocation would be conducive to or
encourage the misuse or abuse of alcohol.

(2) An objection must-

   (a)  be made to the Director in writing within 30 days after the day on
        which notice of the application for the grant, variation or relocation
        was first displayed under section 34(1); and

   (b)  state the reasons for the objection.

(3) None of the following is a valid reason for an objection under this
section-

   (a)  that the business carried on under the licence would or would not be
        successful;

   (b)  that the business of another licensee or permittee (including the
        objector) may be adversely affected by the grant, variation or
        relocation;

   (c)  that there is insufficient need or demand to justify the grant,
        variation or relocation.