Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 9

On-premises licence

9. On-premises licence



(1) An on-premises licence authorises the licensee-

   (a)  to supply liquor on the licensed premises-

   (i)  during ordinary trading hours; and

   (ii) at any other times determined by the Director and specified in the
        licence- for consumption on the licensed premises; and

   (b)  to supply liquor on any other premises authorised by the Director and
        specified in the licence, during ordinary trading hours or at the
        times referred to in paragraph (a)(ii) or at any other times
        determined by the Director and specified in the licence, for
        consumption on those premises; and

   (c)  if specifically authorised by the Director, to supply liquor in an
        open container for consumption in a food court next to, or near, the
        licensed premises.

(2) An on-premises licence is subject to-

   (a)  the conditions set out in subsection (3), if applicable; and

   (b)  the condition set out in section 16 (compliance with planning scheme);
        and

   (c)  if the licence authorises the licensee to supply liquor outside
        ordinary trading hours, the condition set out in section 17(1); and

   (d)  if the licensee is a body corporate, the condition set out in section
        18 (approval of directors); and

   (e)  any other conditions determined by the Director and specified in the
        licence.

(3) If the permitted use of the licensed premises under the
Planning and Environment Act 1987 is that of a restaurant, the on-premises
licence is subject to the following conditions-

   (a)  the predominant activity carried on on the licensed premises must be
        the preparation and serving of meals for consumption on the licensed
        premises; and





   (b)  tables and chairs must be placed in position on the licensed premises
        so as to be available for at least 75% of the patrons attending the
        premises at any one time; and

   (c)  the licensee must not permit-

   (i)  the live performance of any musical works; or

   (ii) the playing of any recorded musical works- on the premises at higher
        than background music level at any time outside ordinary trading
        hours.

(4) The condition in subsection (3)(c) does not apply to music performed or
played on licensed premises outside ordinary trading hours as part of a
function that is-

   (a)  held in an area of those premises that is set aside for the exclusive
        use of persons who have booked a table in that area and their guests;
        and

   (b)  attended only by those persons and guests.

(5) In this section-

background music level, in relation to premises, means a level that enables
patrons to conduct a conversation at a distance of 600 millimetres without
having to raise their voices to a substantial degree.