Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 40

Objection by local council

40. Objection by local council



(1) The Council of the municipal district in which premises are situated may
object to-

   (a)  the grant or variation of a licence in respect of those premises; or

   (b)  the relocation of a licence to those premises-

on the ground that the grant, variation or relocation would detract from or be
detrimental to the amenity of the area in which the premises are situated.

(1A) In addition to the ground referred to in subsection (1), the Council of
the municipal district in which premises are situated may object to-

   (a)  the grant or variation of a packaged liquor licence in respect of
        those premises; or

   (b)  the relocation of a packaged liquor licence to those premises-

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 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.