Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SCHEDULE 3

Section 182 SAVINGS AND TRANSITIONAL PROVISIONS

1. Definitions

In this Schedule- commencement day means the day on which Part 11 of this Act
comes into operation; Commission means the Liquor Licensing Commission
established under the repealed Act; licence includes a licence within the
meaning of the repealed Act; licensed premises includes licensed premises
within the meaning of the repealed Act; licensee includes a licensee within
the meaning of the repealed Act; permit includes a permit granted under the
repealed Act; repealed Act means the Liquor Control Act 1987;

Victorian Electoral Commission means the Victorian Electoral Commission
established under section 6 of the Electoral Act 2002.







2. Liquor Licensing Commission



(1) On the commencement day-

   (a)  the Commission is abolished and its members go out of office;

   (b)  the office of Chief Executive Officer of the Commission is abolished
        and the person who held that office immediately before the
        commencement day goes out of office.

(2) Despite subclause (1)(a), the Commission, as constituted immediately
before the commencement day, may hear and determine any application or matter
under the repealed Act that was made or had arisen before that commencement.

(3) Subject to this clause, the repealed Act applies to the hearing and
determination of an application or matter under subclause (2) as if this Act
had not been enacted.

(4) Subject to this clause a determination under the repealed Act made by
reason of subclause (2) has effect-

   (a)  in the case of a determination relating to the grant, variation,
        transfer or removal of a licence or permit-as if it had been made
        under the repealed Act immediately before the commencement day; and

   (b)  in any other case-as if it had been made under this Act.

(5) A person who would be entitled to apply for review of a determination of
the Commission under subclause (2) by virtue of section 105 of the repealed
Act may apply to the Tribunal for review of the determination and the repealed
Act applies to that review as if a reference in the repealed Act to the Full
Commission were a reference to the Tribunal.

3. Licences and permits under repealed Act

A licence or permit of a kind, or having effect as if it were a licence or
permit of a kind, specified in column 1 of an item in the Table that is in
force immediately before the commencement day is deemed to be, on and after
the commencement day, a licence or permit of the kind specified in column 2 of
that item granted and in force under this Act. TABLE Sch. 3 Item Column 1
Licence or permit under repealed Act Column 2 Licence or permit under this Act
1. General (class 1) licence General licence 2. Residential licence General
licence 3. On-premises licence On-premises licence 4. General (class 2)
licence On-premises licence 5. Limited licence Limited licence 6. Full club
licence Full club licence 7. Restricted club licence Restricted club licence
8. Producer's or distributor's licence-

8.1 - granted to a producer Pre-retail licence 8.2 - granted to a distributor
Pre-retail licence 8.3 - granted to a vigneron Vigneron's licence 9. Packaged
liquor licence Packaged liquor licence 10. BYO permit BYO permit





4. Conditions of licences and permits under the repealed Act



(1) A licence or permit referred to in clause 3 is subject to the conditions
to which it was subject immediately before the commencement day.

(2) The Director may remove a condition from a licence or permit referred to
in clause 3 (other than a condition referred to in clause 6(3)) on application
by a licensee or permittee or on the Director's own initiative.

5. Extended hours permits

If, immediately before the commencement day, a licensee of a licence referred
to in column 1 of the Table in clause 3 held an extended hours permit under
the repealed Act in respect of the licensed premises, the licence held by the
licensee under this Act as a result of the operation of clause 3 authorises
the licensee to supply liquor, in accordance with the licence, at the times
specified in that permit.

6. Additional authority and conditions for pre-retail licence for producers
and distributors



(1) A pre-retail licence held by a person as a result of the operation of item
8.1 of the Table in clause 3 (producer) authorises the licensee to do the
things referred to in section 49(1)(a) of the repealed Act in addition to
anything it authorises the person to do under this Act.

(2) A pre-retail licence held by a person as a result of the operation of item
8.2 of the Table in clause 3 (distributor) authorises the licensee to do the
things referred to in section 49(1)(c) of the repealed Act in addition to
anything it authorises the person to do under this Act.



(3) The Director cannot remove a condition of a licence referred to in
subclause (2) requiring the business carried on by the licensee under the
licence to be not less than 90% the business of supplying liquor to licensees.

7. Restriction on general licence that was previously a residential licence

If a residential licence granted under the repealed Act or a licence having
effect as a residential licence under the repealed Act did not authorise the
licensee to sell or dispose of liquor for consumption off the licensed
premises, the general licence held by the licensee as a result of the
operation of clause 3 does not authorise the licensee to sell or dispose of
liquor for consumption off the licensed premises, unless the licence is varied
under this Act.

8. Restriction of on-premises licence granted to restaurant under repealed Act

An on-premises licence held by a licensee as a result of the operation of
clause 3 in respect of an on-premises licence granted under section 50(2)(d)
of the repealed Act or having effect as such a licence is subject to the
condition that-

   (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.





9. Premises under old general (class 2) licence that are approved for gaming

If, immediately before the commencement day-

   (a)  a licensee held a general (class 2) licence under the repealed Act in
        respect of licensed premises; and

   (b)  an approval was in force under Part 2A of the Gaming Machine Control
        Act 1991 in respect of those premises-

the on-premises licence held by the licensee on and after the commencement day
as a result of the operation of clause 3, and that licence as renewed from
time to time under this Act, is deemed for the purposes of the
Gambling Regulation Act 2003 to be a general licence.

10. Consents and approvals under repealed Act continue



(1) A consent of the Commission under section 120 of the repealed Act that was
in force immediately before the commencement day continues in accordance with
its terms and conditions on and after the commencement day for the purposes of
section 105 of this Act as if it were a consent of the Director under that
section.

(2) A consent of the Commission under section 121 of the repealed Act that was
in force immediately before the commencement day continues in accordance with
its terms and conditions on and after the commencement day for the purposes of
section 106 of this Act as if it were a consent of the Director under that
section.





(3) An approval of the Commission under section 128(2)(a)(i) or 128(2)(d) of
the repealed Act that was in force immediately before the commencement day
continues in accordance with its terms and conditions (if any) on and after
the commencement day for the purposes of section 120(2)(a)(i) or 120(2)(e) of
this Act as if it were an approval of the Director under that section.

11. Nominees continue

A person who, immediately before the commencement day, was a nominee of a
licensee or permittee under section 86 of the repealed Act continues to be a
nominee of that licensee or permittee on and after the commencement day for
the purposes of this Act as if he or she had been approved by the Director
under section 54 of this Act.

12. Endorsements continue

Any endorsements on a licence or BYO permit under the repealed Act that were
in force immediately before the commencement day continue in force on and
after the commencement day in respect of the equivalent licence or permit
under this Act as if they had been made under this Act.

13. Authorisation of person under section 102 of repealed Act

A person who, immediately before the commencement day, carried on business as
a result of an authorisation under section 102 of the repealed Act in respect
of a licence or BYO permit continues to be authorised to carry on business in
respect of the equivalent licence or permit on and after the commencement day
as if their name had been endorsed on the licence or permit under section 93
of this Act.

14. People disqualified under repealed Act



(1) A reference in section 27 to a person who is disqualified from holding a
licence or permit under this Act includes a reference to a person who was
disqualified from holding a licence or permit under the repealed Act.

(2) On or after the commencement of this subclause, a decision made under
section 103 of the repealed Act that was in force immediately before the
commencement day takes effect according to its terms as if it were an order
made under section 92 of this Act.

15. Notices required to be displayed under section 110A of the repealed Act

A requirement of the Commission under section 110A of the repealed Act that a
notice be displayed on licensed premises that was in force immediately before
the commencement day continues in force on and after the commencement day for
the purposes of section 102 of this Act as if it were a requirement of the
Director under that section.

16. Members of former Co-ordinating Council



(1) The members of the Co-ordinating Council under section 6 of the repealed
Act who were in office immediately before the commencement day become members
of the Co-ordinating Council under section 5 of this Act on the commencement
day on the terms and conditions on which they were appointed under the
repealed Act.

(2) The members referred to in subsection (1) hold office for the remainder of
the terms for which they were appointed under the repealed Act, unless removed
sooner.



17. Transitional provision-dry areas



(1) If, before the commencement of the Licensing Act 1928, a local opinion
poll had been taken in an electoral district as constituted on 21 October 1920
and a resolution that no licence be granted in that district had been carried,
a licence under this Act must not be granted in respect of, or relocated to,
any premises in that district except in accordance with subclause (2).

(2) The following provisions have effect for the purposes of the grant or
relocation of a licence in respect of premises in a district referred to in
subclause (1)-

   (a)  before a new licence is granted in or an existing licence is relocated
        to any part of that district, the Director must in the case of a
        general licence, an on-premises licence or a club licence and may if
        he or she thinks proper in the case of any other licence order a vote
        of electors to be taken in the neighbourhood surrounding the proposed
        site of the premises in respect of which a licence has been applied
        for or to which a licence is sought to be relocated (as the case may
        be);

   (b)  the neighbourhood is to be delineated by the Director after
        consultation with the Victorian Electoral Commission;



   (c)  the resolution to be submitted at the vote of electors is-

That a licence (nature of licence to be stated) be granted in [or relocated
to] the neighbourhood (neighbourhood to be sufficiently indicated);



   (d)  if a majority of the electors voting formally vote against the
        resolution, the Director must not grant the application for the
        licence or for the relocation of the licence (as the case may be) nor
        may he or she grant any application for a licence in or the relocation
        of a licence to that neighbourhood within 3 years after the taking of
        such vote;

   (e)  when the Director orders a vote to be taken under this clause, the
        Victorian Electoral Commission must take a vote of electors
        accordingly and for that purpose-

   (i)  the Victorian Electoral Commission may make all proper arrangements
        for the taking of the vote;

   (ii) every elector within the neighbourhood delineated who is entitled to
        be enrolled on the register of electors within the meaning of the
        Electoral Act 2002 on the 60th day before the taking of the vote is
        qualified to vote but may vote once only;

   (iii) the voting may be conducted by means of postal voting;







* * * * *

   (v)  the Victorian Electoral Commission must cause notice of the result of
        the voting to be published in the Government Gazette;

   (vi) the Governor in Council may make regulations for or with respect to
        any matter or thing necessary to be prescribed for the carrying out
        and giving effect to the provisions of this clause;

   (vii) the regulations may include regulations based on the
        Electoral Act 2002 and on regulations made under that Act with any
        alterations and adaptations that, in the opinion of the Governor in
        Council, are necessary.

(3) A reference in subclause (1) to a licence does not include a reference to
a licence of a kind mentioned in Column 2 of item 5 in the Table in clause 3
granted to a person for a purpose similar to the purpose for which a licence
of a kind mentioned in Column 1 of that item was or could have been granted to
that person under the repealed Act.

18. Councils may take poll of voters



(1) A Council in whose municipal district an electoral district or part of an
electoral district referred to in clause 17 is situated may cause a poll of
voters in that electoral district or part to be held to obtain the opinion of
the voters on whether the provisions of clause 17 should be retained, altered
or repealed in respect of that electoral district or part.





(2) A poll under this clause is to be held in accordance with the provisions
of the Local Government Act 1989, except that clause 16 of Schedule 3 to that
Act does not apply.

(3) If a poll is held under this clause-

   (a)  the relevant Council must give written notice of the result of the
        poll to the Minister; and

   (b)  if the result of the poll is that the provisions of clause 17 should
        be repealed in respect of an electoral district or part, that clause
        ceases to apply in respect of that district or part on and from the
        day on which the result of the poll is announced; and

   (c)  if the result of the poll is that the provisions of clause 17 should
        be altered in respect of an electoral district or part, that clause is
        altered in respect of that district or part in accordance with the
        result of the poll on and from the day on which the result of the poll
        is announced.

19. Transitional provisions-Liquor Control Reform (Amendment) Act 2001



(1) Section 11(3)(aa), as inserted by section 5 of the Liquor Control Reform
(Amendment) Act 2001, extends to packaged liquor licences in force at the
commencement of that section 5.

(2) Section 18A, as inserted by section 6 of the Liquor Control Reform
(Amendment) Act 2001, applies to a general licence granted or transferred to a
person on an application made on or after 23 January 2001.

(3) Section 22(3), as inserted by section 7 of the Liquor Control Reform
(Amendment) Act 2001, applies to the grant of a licence or BYO permit on or
after the commencement of that section 7 whether the application for the grant
was made before, on or after that commencement.

(4) Section 23, as amended by section 8 of the Liquor Control Reform
(Amendment) Act 2001, applies to the grant or transfer of a licence to a
person on an application made on or after 23 January 2001.

(5) However, section 23(3), as inserted by section 8(3) of the Liquor Control
Reform (Amendment) Act 2001, does not apply to a general licence that was in
force on 23 January 2001.

(6) If-

   (a)  an application was made on or after 23 January 2001 for the grant or
        transfer of a licence to a person; and

   (b)  the licence was granted or transferred to the person before the
        commencement of the Liquor Control Reform (Amendment) Act 2001; and

   (c)  the grant or transfer of the licence would have been prohibited by
        section 23 had the amendments to that section by section 8 of the
        Liquor Control Reform (Amendment) Act 2001 been in operation at the
        time of the grant or transfer-

the licence ceases to be in force, by virtue of this subclause, on the
commencement of that Act.

20. Transitional provision-Liquor Control Reform (Packaged Liquor Licences)
Act 2002



(1) Section 11(3)(aac) and (aad), as inserted by section 6(1) of the Liquor
Control Reform (Packaged Liquor Licences) Act 2002, extends to packaged liquor
licences in force at the commencement of that section 6(1).

(2) However, the licence condition referred to in section 11(3)(aac) does not
apply to a packaged liquor licence until the financial year commencing on 1
July 2003.

(3) Section 35, as substituted by section 10 of the Liquor Control Reform
(Packaged Liquor Licences) Act 2002, applies to an application made on or
after the commencement of that section 10.

(4) If-

   (a)  on or after 14 May 2002 but before the day on which the Liquor Control
        Reform (Packaged Liquor Licences) Act 2002 receives the Royal Assent,
        the Director grants or transfers to a person a packaged liquor
        licence; and

   (b)  the grant or transfer would have been prohibited by section 23 had the
        Liquor Control Reform (Packaged Liquor Licences) Act 2002 received the
        Royal Assent-

the grant or transfer (as the case requires) is, and must be taken always to
have been, void.

21. Transitional provisions-Liquor Control Reform Amendment Act 2007



(1) The condition referred to in section 9(3)(c), as inserted by section
13(1)(b) of the Amending Act, applies on and after the commencement of that
section 13(1)(b) to an on-premises licence whether the licence was granted
before, on or after that commencement.

(2) Section 90(1)(fa) and (fb), as inserted by section 17(2)(a) of the
Amending Act, apply only in the case of a director or member of a committee of
management who is convicted of an offence on or after the commencement of that
section 17(2)(a).

(3) In this clause-

Amending Act means the Liquor Control Reform Amendment Act 2007.

23. Transitional provision-on-premises licences



(1) The holder of an on-premises licence that is subject to the conditions set
out in section 9(3) may apply to the Director before the commencement of
section 32 of the Liquor Control Reform Amendment Act 2009 for the
continuation after that commencement of the on-premises licence subject to
those conditions.

(2) If the Director grants the application, the licence continues in force
(subject to the conditions on which it was granted, including the conditions
set out in section 9(3)) on or after the commencement of section 32 of the
Liquor Control Reform Amendment Act 2009-

   (a)  if the licence authorises the supply of liquor for a continuous period
        from 1 a.m. on a particular day and also authorises the supply of
        liquor up to 1 a.m. on that day, as a late night (on-premises)
        licence; and

   (b)  in any other case, as an on-premises licence.

(3) An application may be made at any time after the commencement of section
31 of the Liquor Control Reform Amendment Act 2009 and before the commencement
of section 32 of the 2009 Act for a licence under this Act as proposed to be
amended by the 2009 Act but the licence does not take effect before the
commencement of section 32 of the 2009 Act.

(4) Nothing in this clause limits the operation of the
Interpretation of Legislation Act 1984.

__________________

* * * * *

---------------