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LIQUOR CONTROL REFORM ACT 1998 - SECT 90 Definitions

LIQUOR CONTROL REFORM ACT 1998 - SECT 90

Definitions

    (1)     In this Division—

"disciplinary action", against a licensee or permittee, means any one, or a combination, of the following—

        (a)     the cancellation, or suspension for a specified period, of the licensee's licence or permittee's BYO permit;

        (b)     the variation of the licensee's licence or permittee's BYO permit;

        (c)     the endorsement of the licensee's licence or permittee's BYO permit;

        (d)     the issuing of a letter of censure to the licensee or permittee;

        (e)     the imposition of a fine not exceeding an amount that is 250 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004 on the licensee or permittee;

S. 90(1) def. of grounds for disciplinary action amended by No. 37/2014 s. 10(Sch. item 96.3).

"grounds for disciplinary action", in relation to a licensee or permittee, means any of the following—

        (a)     that the licensee or permittee has contravened a provision of this Act, the regulations, the licence or BYO permit or a condition of the licence or BYO permit (as the case may be);

        (b)     that the licensee or permittee has contravened a condition of an approval or consent of the Commission under this Act (other than a licence or BYO permit);

        (c)     that the licensee or permittee has been found guilty of an offence against section 118A or an offence against regulations made under section 118B ;

        (d)     that the licensee has contravened an undertaking given under section 133F ;

        (e)     that the licensee or permittee has been found guilty of an offence against this Act or the regulations;

        (f)     that the licensee or permittee has been found guilty of an offence under Part II of the Food Act 1984 in relation to liquor supplied by the licensee or permittee;

        (g)     that the licensee or permittee has been found guilty of an offence under section 253 of the Victoria Police Act 2013 relating to a police officer or under the Police Regulation Act 1958 relating to bribery of a member of the police force;

        (h)     that the licensee or permittee has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more;

              (i)     that the licensee or permittee is a body corporate, a director of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more;

        (j)     the licensee or permittee is a club that is not a body corporate, a member of the committee of management of which has been found guilty, whether in Victoria or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more;

        (k)     that the licensee or permittee has knowingly assisted a person to breach a disqualification determination imposed under section 93D;

        (l)     that the licensee or permittee has paid a penalty for an offence under this Act for which an infringement notice within the meaning of the Infringements Act 2006 has been served;

        (m)     that the licensee or permittee has altered the premises in a way that would have prevented the granting of the licence under section 22 had the alterations been in place immediately before the licence was granted;

        (n)     that the licensee or permittee has obtained the licence or BYO permit by fraud or false representations;

        (o)     that the licensee or permittee has conducted the business under the licence or BYO permit, or allowed it to be conducted, in a manner that detracts from or is detrimental to the amenity of the area in which the licensed premises are situated;

        (p)     that a licensee or permittee has contravened the terms of a closure and evacuation notice;

        (q)     that the licensee or permittee is otherwise not a suitable person to hold a licence or BYO permit;

"variation", in relation to a licence or BYO permit, means any of the following—

        (a)     a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor;

        (b)     a variation of the size or perimeter of the licensed premises;

        (c)     a variation of a condition of the licence or permit (other than a condition imposed by this Act);

        (d)     the imposition of a new condition on the licence or permit;

        (e)     the removal of a condition of the licence or permit (other than a condition imposed by this Act);

        (f)     a variation of the category of the licence—

              (i)     from a late night (general) licence to a general licence; or

              (ii)     from a late night (on‑premises) licence to an on-premises licence; or

              (iii)     from a late night (packaged liquor) licence to a packaged liquor licence.

    (2)     A reference in paragraphs (h) and (i) of the definition of grounds for disciplinary action in subsection (1) to the maximum term of imprisonment for an offence, in the case of an indictable offence that may be heard and determined summarily under section 28(1) of the Criminal Procedure Act 2009 , is a reference to the maximum term of imprisonment for the offence if it were not dealt with summarily.

S. 91 substituted by No. 58/2011 s. 56.