Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 58B

Director may make late hour entry declarations

58B. Director may make late hour entry declarations



(1) Subject to this section and section 58C, the Director, at his or her own
initiative, may make a late hour entry declaration for an area or locality.





(2) A late hour entry declaration-

   (a)  must specify-

   (i)  the area or locality to which it applies; and

   (ii) the licences or class of licences to which it applies; and

   (iii) the hours during which it applies; and

   (b)  may specify any conditions that the Director thinks fit.

(3) A late hour entry declaration-

   (a)  applies to-

   (i)  each licensed premises in respect of which a specified licence or
        licence of the specified class is in force in the area or locality
        specified in the declaration at the time the declaration is made; and

   (ii) if the declaration specifies a class of licences, each premises in the
        area or locality in respect of which a licence of the specified class
        is granted after the time the declaration is made; and

   (b)  has effect despite any condition of the licence for any licensed
        premises to which it applies.

(4) Subject to any conditions specified in a late hour entry declaration under
subsection (2)(b), the licensee of licensed premises to which the declaration
applies must not permit any patrons to enter the premises during the hours
during which the declaration applies.





(5) For the avoidance of doubt, patrons already present in licensed premises
at the time from which a late hour entry declaration applies to the premises
may-

   (a)  leave the premises at any time; or

   (b)  remain in the premises at all times while the premises are authorised
        to trade.