S. 3(1) def. of banning notice inserted by No. 73/2007 s. 4. banning notice means a notice given under section 148B; S. 3(1) def. of barring order inserted by No. 12/2011 s. 3(1). barring order means an order served under section 106D, whether or not the order is varied under section 106I; S. 3(1) def. of bed and breakfast business inserted by No. 57/2010 s. 4(1), substituted by No. 21/2014 s. 4(2). bed and breakfast business means a business that provides temporary accommodation, other than dormitory style accommodation, for not more than 8 adults in the course of that business; S. 3(1) def. of breach notice inserted by No. 73/2007 s. 11, amended by No. 58/2011 s. 104(Sch. item 4.1(a)). breach notice means a notice served by the Commission under section 97A; S. 3(1) def. of butcher business inserted by No. 57/2010 s. 4(1). butcher business means a business whose primary function is to sell raw meat or fish on a retail basis for human consumption, but does not include a business where meat is sold to be consumed on the premises; BYO permit means a BYO permit granted under this Act; S. 3(1) def. of Chief substituted by No. 37/2014 s. 10(Sch. item 96.1(d)). Chief Commissioner means the Chief Commissioner of Police appointed under the Victoria Police Act 2013;
driver licence means a driver licence issued under the Road Safety Act 1986; S. 3(1) def. of event inserted by No. 59/2009 s. 4(3). event includes a series of events; evidence of age document means— (a) a proof of age card or a card issued in another State or a Territory that is the equivalent of a proof of age card; or (b) a driver licence or a licence issued in another State or a Territory that is the equivalent of a driver licence; or (c) an Australian or foreign passport; or (d) a document issued— (i) by a person; or (ii) on behalf of a government department or agency— approved by the Minister that bears a photograph of the person to whom it is issued and enables that person's age to be determined; S. 3(1) def. of exclusion order inserted by No. 73/2007 s. 4. exclusion order means an order made by a court under section 148I; S. 3(1) def. of florist or giftmaker business inserted by No. 57/2010 s. 4(1). florist or giftmaker business means a business whose primary function is to sell flowers, food or other products that are packaged as, or intended to be, gifts;
(ii) the hours between 10 a.m. and 11 p.m. on Sunday; and (iii) the hours between 12 noon and 11 p.m. on Good Friday and ANZAC Day; (b) in relation to a club licence— (i) any time on any day other than Sunday, Good Friday or ANZAC Day; and (ii) the hours between 10 a.m. and 11 p.m. on Sunday; and (iii) the hours between 12 noon and 11 p.m. on Good Friday and ANZAC Day; (c) in relation to a packaged liquor licence or late night (packaged liquor) licence— (i) the hours between 9 a.m. and 11 p.m. on each day, other than Sunday, Good Friday, ANZAC Day or Christmas Day; and (ii) the hours between 10 a.m. and 11 p.m. on Sunday; and (iii) the hours between 12 noon and 11 p.m. on ANZAC Day; (d) in relation to a wine and beer producer's licence— (i) the hours between 7 a.m. and 11 p.m. on each day, other than Sunday, Good Friday or ANZAC Day; and (ii) the hours between 10 a.m. and 11 p.m. on Sunday, Good Friday and ANZAC Day;
(f) late night licence; (g) pre-retail licence; S. 7(h) amended by No. 71/2011 s. 6. (h) wine and beer producer's licence; (i) limited licence; (j) major event licence; (k) BYO permit. 8 General licence (1) A general licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 8(1)(a)(ii) substituted by No. 59/2009 s. 7, amended by No. 58/2011 s. 104(Sch. item 4.9). (ii) between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and S. 8(1)(a)(iii) inserted by No. 59/2009 s. 7, amended by Nos 8/2010 s. 4, 58/2011 s. 104(Sch. item 4.9). (iii) subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence— for consumption on and off the licensed premises; and (b) to supply liquor on the licensed premises at any time to a resident of the licensed premises or a guest of such a resident for consumption on the licensed premises; and
S. 14A(1) amended by Nos 8/2010 s. 11, 58/2011 s. 104(Sch. item 4.36). (1) A major event licence authorises the licensee to supply liquor in relation to a major event at the times determined by the Commission subject to section 15A and specified in the licence. (2) A major event licence is subject to— (a) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 14A(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.37). (b) any other conditions determined by the Commission and specified in the licence. S. 14B inserted by No. 59/2009 s. 13. 14B Determination of major event S. 14B(1) amended by No. 58/2011 s. 104(Sch. item 4.38). (1) The Commission may determine that an event is a major event for the purposes of sections 14A and 26. S. 14B(2) amended by No. 58/2011 s. 104(Sch. item 4.39). (2) The Commission may determine that an event is a major event only if the Commission is satisfied that the event is likely to have a significant impact. S. 14B(3) amended by No. 58/2011 s. 104(Sch. item 4.40). (3) Subject to subsection (7), an event is taken to be a major event if the Commission determines that the event is likely to attract more than 5000 patrons. (4) An event is likely to have a significant impact if— (a) the event is likely to require significant effort or oversight by authorised persons; or (b) the event is likely to have a significant impact on the provision and organisation of public transport and emergency services; or
those premises during the 30 minutes next after the expiration of that period. 20 Gratuitous supply of liquor A licence that authorises the licensee to supply liquor for consumption off the licensed premises also authorises the licensee to supply liquor gratuitously for consumption on the premises at any time at which the licensee is authorised to supply liquor for consumption off the premises. 21 Bringing of liquor onto licensed premises (1) This section applies if— (a) a licence authorises the licensee to supply liquor for consumption on licensed premises or on any authorised premises; and (b) the predominant activity carried on on the licensed premises is the preparation and serving of meals for consumption on the licensed premises; and (c) tables and chairs are 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. (2) If this section applies, the licence authorises a person of or over the age of 18 years, with the consent of the licensee, to— (a) bring liquor onto, or possess or control liquor on, the premises for consumption with a meal purchased on those premises; and (b) consume that liquor with that meal; and (c) take away from the premises any container brought onto the premises by him or her containing any such liquor that was not consumed with that meal.
S. 27(2) amended by No. 58/2011 s. 104(Sch. item 4.56). (2) A member of the committee of management of a club that is not a body corporate may apply to the Commission for a club licence on behalf of the club. S. 27(3) amended by No. 58/2011 s. 104(Sch. item 4.56). (3) A member of a partnership of natural persons may apply to the Commission for a licence or BYO permit on behalf of the partnership. 28 Form of application (1) An application for a licence or BYO permit must— S. 28(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.57). (a) be in a form approved by the Commission; and S. 28(1)(aa) inserted by No. 92/2004 s. 15(1)(a), amended by No. 73/2007 s. 14, substituted by No. 8/2009 s. 9(1). (aa) list the names, dates of birth and addresses of the associates— (i) of the applicant; and (ii) if the applicant is a body corporate, of each director of the applicant; and S. 28(1)(ab) inserted by No. 71/2011 s. 15. (ab) disclose any demerit points that have accrued within the previous 3 years on a licence or permit that the applicant or a nominee of the applicant has held or holds at the time of the application; and (b) include the prescribed particulars; and (c) be accompanied by— (i) the prescribed information (if any); and
S. 29(4) amended by No. 58/2011 s. 104(Sch. item 4.60). (4) If the Commission requests an applicant for a variation of a licence or BYO permit to give any other information, the applicant must comply with the request. S. 30 amended by No. 58/2011 s. 104(Sch. item 4.61). 30 Procedure on application for variation by Chief Commissioner or licensing inspector If the Chief Commissioner or a licensing inspector applies to the Commission for a variation of a licence or BYO permit— S. 30(a) substituted by No. 92/2004 s. 16(a), amended by No. 58/2011 s. 104(Sch. item 4.62 (a)(b)). (a) the Commission must, not later than 14 days after the application is received by the Commission, give a copy of the application— (i) to the licensee or permittee; and S. 30(a)(ii) amended by No. 58/2011 s. 104(Sch. item 4.62(c)). (ii) to the owner, and any mortgagee registered with the Commission, of the licensed premises; S. 30(b) substituted by No. 92/2004 s. 16(a), amended by No. 58/2011 s. 104(Sch. item 4.62(d)). (b) the licensee or permittee may, within 21 days after receiving the copy of the application, object to the application by giving notice in writing to the Commission of the objection and the grounds for objecting; S. 30(c) amended by Nos 92/2004 s. 16(b), 58/2011 s. 104(Sch. item 4.63). (c) the Commission must give a copy of any notice under paragraph (b) to the Chief Commissioner or the inspector within 7 days after the Commission receives the notice. 31 Application for relocation of licence or BYO permit
or relocation was given to the Chief Commissioner under section 33(1); and (b) state the grounds of, and the reasons for, the objection. 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. S. 40(1A) inserted by No. 39/2002 s. 11(2). (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— S. 40(1A)(a) amended by No. 59/2009 s. 23. (a) the grant or variation of a packaged liquor licence or late night (packaged liquor) licence in respect of those premises; or S. 40(1A)(b) amended by No. 59/2009 s. 23. (b) the relocation of a packaged liquor licence or late night (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—
S. 42 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.79). S. 42 amended by No. 58/2011 s. 104(Sch. item 4.80) 42 Commission may refuse to accept objection The Commission may refuse to accept an objection if the Commission considers that— (a) in the case of an objection under section 38, the person making the objection is not affected by the application; or (b) the objection is frivolous or vexatious; or (c) the objection is not otherwise in accordance with this Act. 43 Withdrawal of objection A person who has made an objection under this Division may withdraw it at any time. Division 6—Determination of applications 44 Determination of uncontested applications S. 44(1) amended by No. 58/2011 s. 53(1)(a). (1) Subject to Division 3, the Commission must grant or refuse to grant an uncontested application at any time after the expiry of the period for objection under Division 5 (or that period as extended under section 174). S. 44(2) amended by No. 58/2011 s. 53(1)(b). (2) The Commission may refuse to grant an uncontested application on any of the following grounds— (a) in the case of a grant or transfer of a licence or BYO permit, that the applicant or proposed transferee is not a suitable person to hold or carry on business under the licence or BYO permit; (b) in any case— (i) that the granting of the application would detract from or be detrimental to the amenity of the area in which the premises to which the application relates are situated;
S. 58 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.100). 58 Variation of licence or BYO permit at initiative of Commission S. 58(1) amended by No. 58/2011 s. 104(Sch. item 4.101). (1) The Commission, at its own initiative, may vary a licence or BYO permit in accordance with this section. (2) A variation under this section may include— S. 58(2)(aa) inserted by No. 59/2009 s. 26. (aa) a variation of the category of licence held by the licensee— (i) from a late night (general) licence to a general licence; (ii) from a late night (on-premises) licence to an on-premises licence; (iii) from a late night (packaged liquor) licence to a packaged liquor licence; (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; S. 58(2)(ba) inserted by No. 21/2014 s. 15. (ba) a variation of the times within ordinary trading hours between 31 December and 1 January at which the licence or permit authorises the supply of liquor; (c) a variation of a condition of the licence or permit (other than a condition imposed by this Act);
S. 58D(2) amended by No. 58/2011 s. 104(Sch. item 4.112). (2) The Commission must give written notice of a proposed variation of a late hour entry declaration to each licensee of licensed premises to which the declaration applies. S. 58D(3) amended by No. 58/2011 s. 104(Sch. item 4.112). (3) Within 21 days after notice is given to a licensee under subsection (2) of a proposal to vary a late hour entry declaration, the licensee may give the Commission written notice of objection to the proposed variation. S. 58D(4) amended by No. 58/2011 s. 104(Sch. item 4.112). (4) If a licensee gives notice of objection in accordance with subsection (3), the Commission must not vary the late hour entry declaration unless the Commission— (a) has given the licensee a reasonable opportunity to make written and oral submissions in relation to the objection; and (b) if any submissions are made, has considered the submissions. Division 8—Renewal of licences and BYO permits S. 59 (Heading) inserted by No. 57/2010 s. 13(1). 59 Licence to be renewed within 3 months S. 59(1) amended by No. 57/2010 s. 13(2). (1) If, not later than 3 months after the day on which, but for this section, a licence or BYO permit would cease to be in force, the licensee or permittee pays the prescribed renewal fee in respect of the licence or permit, the licence or permit is renewed accordingly. (2) The licence or BYO permit remains in force from the day on which it would otherwise cease to be in
(g) a licence that is specified, or of a class that is specified, in an Order under section 66AB; or (h) a licence that is specified in an Order under section 66AC as a licence held by a small business; or (i) a licence of a class that is specified in an Order under section 66AC as a class of licences held by small businesses; reporting licensee means a holder of an applicable licence; wholesale liquor transaction means a transaction in which a reporting licensee, under an applicable licence, supplies liquor to another licensee in that other licensee's capacity as a licensee; wholesale liquor supply information means, in relation to a wholesale liquor transaction, the following information— (a) the volume of liquor supplied in the transaction; (b) the value, in dollars, of the liquor supplied in the transaction; (c) the type of the liquor supplied in the transaction; (d) the prescribed additional information (if any) relating to the transaction. S. 66AB inserted by No. 64/2014 s. 42. 66AB Specification of certain licences The Minister may, by Order published in the Government Gazette, specify a licence or a class of licences for the purposes of paragraph (g) of the definition of applicable licence in section 66AA.
80 Application by executors, trustees and administrators for endorsement on licence or BYO permit S. 80(1) amended by No. 58/2011 s. 104(Sch. item 4.130). (1) Any of the following persons may apply to the Commission to have their name or the name of their agent endorsed on a licence or BYO permit— (a) a person who is, or intends to become, the legal personal representative of a deceased licensee or permittee; (b) the guardian or administrator appointed under the Guardianship and Administration Act 1986 in respect of a licensee or permittee who is a represented person within the meaning of that Act; (c) subject to subsection (2), the official receiver, trustee or assignee of a licensee or permittee who becomes an insolvent under administration; S. 80(1)(d) amended by No. 44/2001 s. 3(Sch. item 73.5). (d) subject to subsection (2), a person who is administering a licensee or permittee that is an externally-administered body corporate within the meaning of the Corporations Act. (2) A person referred to in paragraph (c) or (d) of subsection (1) may apply under that subsection only if they are in possession of the licensed premises. S. 80(3) inserted by No. 92/2004 s. 18(1)(3). (3) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section.
S. 97A(1) substituted by No. 8/2009 s. 13(1), amended by Nos 58/2011 s. 59(1), 64/2014 s. 45. (1) The Commission may serve a breach notice in writing on a licensee if the Commission believes on reasonable grounds that the licensee has engaged in conduct that would constitute grounds for disciplinary action in relation to the licensee under Division 1. S. 97A(2) substituted by Nos 8/2009 s. 13(1), 58/2011 s. 59(2). (2) A breach notice may be served on a licensee whether or not— (a) the Commission has conducted an inquiry under section 91 or 94 of its own motion or at the request of— (i) the Chief Commissioner of Police; or (ii) a licensing inspector; or (iii) the Council in which the licensed premises are situated; (b) the licensee's licence has been suspended under section 96B(1) or a notice has been served on the licensee under section 96B(2). (3) A breach notice must— S. 97A(3)(a) amended by No. 58/2011 s. 59(3). (a) specify the conduct which the licensee is believed to have engaged in and the grounds for the Commission's belief; (b) state the time period within which the licensee must respond to the notice, that time period being not less than 14 days from the date of service of the notice; (c) state what steps need to be taken by the licensee to respond to the notice; (d) state the consequences for the licensee of not responding to the notice.
S. 97B inserted by No. 73/2007 s. 19. 97B Variation or suspension of licence S. 97B(1) amended by No. 58/2011 s. 104(Sch. item 4.138). (1) If a licensee does not respond to a breach notice within the period stated in the notice, or if the Commission is not satisfied with the licensee's response, the Commission may, by notice in writing to the licensee— (a) vary the licence; or (b) suspend the licence. S. 97B(2) amended by No. 58/2011 s. 104(Sch. item 4.138). (2) The Commission may suspend a licence under this section only if the Commission believes on reasonable grounds that there is a danger that a person may suffer substantial harm, loss or damage as a result of the licensee's conduct unless the licence is suspended. (3) The variation of a licence under this section may include— (a) a variation of the times at which the licence authorises the supply of liquor (including a variation reducing the times to less than ordinary trading hours); (b) a variation of a condition of the licence (other than a condition imposed by this Act); (c) the imposition of a new condition on the licence. S. 97B(4) substituted by No. 8/2009 s. 13(2). (4) The variation of a licence under this section takes effect when notice of it is given to the licensee or at the later time specified in the notice.
10 penalty units. S. 101B(2) amended by Nos 8/2009 s. 14, 58/2011 s. 104(Sch. item 4.150), 37/2014 s. 10(Sch. item 96.5). (2) The licensee or permittee must produce a copy of the plan or depiction for inspection if asked to do so by a police officer or a gambling and liquor inspector. 10 penalty units. Note to s. 101B inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). S. 102 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.151). 102 Notices required by the Commission must be displayed S. 102(1) amended by No. 58/2011 s. 104(Sch. item 4.152). (1) A licensee or permittee must cause to be displayed on the licensed premises any notice that the Commission requires the licensee or permittee to display. 5 penalty units. S. 102(2) amended by No. 58/2011 s. 104(Sch. item 4.152). (2) In displaying a notice, the licensee or permittee must comply with any requirements imposed by the Commission concerning the size, format or manner of display of the notice. 5 penalty units. Note to s. 102 inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). 103 Change of directors
Note to s. 106(1) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection. S. 106(1A) inserted by No. 92/2004 s. 18(1)(7), amended by No. 58/2011 s. 104(Sch. item 4.166). (1A) A request for the Commission's consent must be accompanied by the fee specified in the regulations for the purposes of this section. S. 106(2) amended by No. 58/2011 s. 104(Sch. item 4.167). (2) The Commission may require the licensee or permittee to give notice of a request for consent under this section to a specified person, or persons in a specified area, in the manner approved by the Commission. S. 106(3) amended by No. 58/2011 s. 104(Sch. item 4.168(a)). (3) The Commission may— S. 106(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.168(b)). (a) consent in writing under this section and impose any conditions the Commission thinks fit on that consent, including a condition that the consent is not effective until any requirements specified in it have been met; or (b) refuse consent. S. 106(4) amended by Nos 39/2002 s. 12(a), 58/2011 s. 104(Sch. item 4.169). (4) In doing so, the Commission must consider any objections made to the Commission against the giving of consent. S. 106(5) amended by No. 58/2011 s. 104(Sch. item 4.170). (5) The consent of the Commission is valid for the period specified in the consent.
S. 108AD(2) amended by No. 13/2013 s. 29(1), substituted by No. 20/2018 s. 23(2). (2) The licensee must keep at the licensed premises RSA certificates that demonstrate the requirements under sections 26B, 108AA, 108AB and 108AC have been satisfied. Penalty: 5 penalty units. Note Section 53A applies to an offence against this subsection. S. 108AD(3) amended by No. 12/2011 s. 6, repealed by No. 20/2018 s. 23(3). * * * * * S. 108AE (Heading) amended by No. 20/2018 s. 24(1). S. 108AE inserted by No. 57/2010 s. 19. 108AE Licensee must produce RSA certificates for inspection (1) This section applies to a general licence, onpremises licence, packaged liquor licence, late night licence or any other licence which is subject to a condition in relation to responsible service of alcohol. S. 108AE(2) amended by Nos 58/2011 s. 104(Sch. item 4.174), 37/2014 s. 10(Sch. item 96.10), 20/2018 s. 24(2). (2) The licensee must produce any RSA certificates kept by the licensee for inspection on being asked to do so by a police officer or a gambling and liquor inspector. 5 penalty units. Note to s. 108AE(2) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 108AE(3) inserted by No. 20/2018 s. 24(3). (3) The licensee must give the following information, on being asked to do so by a police officer or a gambling and liquor inspector—
S. 108AG(2) amended by No. 58/2011 s. 104(Sch. item 4.176). (2) The Commission may approve an application if the Commission thinks it is appropriate to do so. S. 108AG(3) amended by No. 58/2011 s. 104(Sch. item 4.176). (3) The Commission must give the licensee notice in writing of the approval or refusal of an application. S. 108AG(4) amended by No. 58/2011 s. 104(Sch. item 4.176). (4) The Commission may grant an exemption under subsection (2) for the period and on any conditions the Commission determines. S. 108AG(5) amended by No. 58/2011 s. 104(Sch. item 4.176). (5) The Commission may revoke an exemption granted under subsection (2) by notice in writing. S. 108AH (Heading) amended by No. 58/2011 s. 104(Sch. item 4.177). S. 108AH inserted by No. 57/2010 s. 19, amended by No. 58/2011 s. 104(Sch. item 4.178). 108AH Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements In making a decision under section 108AF or 108AG to exempt a licensee or class of licensees from any of the requirements of sections 108AA to 108AE, the Commission must consider— (a) the risk of harm arising from the misuse and abuse of liquor supplied under the licence; and (b) the extent of the burden imposed on the licensee by the requirement under sections 108AA to 108AE. S. 108B inserted by No. 92/2004 s. 29. 108B Corporate licensee must provide details of directors
S. 115(2)(d)(i) amended by No. 96/2003 s. 14(3). (i) the betting is engaged in during a game of two-up not more than 7 days before ANZAC Day; and S. 115(2)(d)(ii) amended by Nos 114/2003 s. 12.1.3 (Sch. 6 item 9.3(c)), 56/2014 s. 62(2)(b). (ii) a function to which section 2.2.4(2) of the Gambling Regulation Act 2003 applies is being held on the premises. S. 115A inserted by No. 73/2007 s. 22. 115A Prohibited advertising or promotion S. 115A(1) amended by No. 58/2011 s. 104(Sch. item 4.181). (1) The Commission may give a notice to a licensee banning the licensee from advertising or promoting— (a) the supply of liquor by the licensee; or (b) the conduct of licensed premises by the licensee— if, in the opinion of the Commission, the advertising or promotion, or the proposed advertising or promotion, is likely to encourage irresponsible consumption of alcohol or is otherwise not in the public interest. (2) A licensee to whom a notice applies must comply with the notice. 120 penalty units. Note to s. 115A(2) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection. S. 115B inserted by No. 20/2018 s. 20. 115B Certain advertising prohibited within 150 metres of school (1) A person must not for any direct or indirect pecuniary benefit display, or cause to be
hoardings, signs, images or rolling static displays; and (b) digital billboards and panels, including those that display moving or video images; and (c) moveable billboards and displays— but does not include advertising using the following— (d) broadcast television, radio or digital media such as websites or social media; (e) commercial print media such as magazines and newspapers. S. 115C inserted by No. 20/2018 s. 20. 115C No compensation No compensation is payable by the State in respect of any loss, damage or injury of any kind suffered by a person as a result of section 115B. 116 Falsely indicating that premises are licensed A person must not, by means of a notice, sign or otherwise— (a) indicate that premises are licensed premises or are licensed premises under a particular kind of licence or under a BYO permit if they are not such licensed premises; or (b) that a person is authorised under a licence or BYO permit to supply liquor or permit liquor to be brought onto or consumed on premises if the person is not so authorised. 15 penalty units. 117 Procuring transfer by fraud
(c) to the presence on licensed premises or authorised premises of persons employed on the premises otherwise than in the supply of liquor; or S. 120(2)(ca) inserted by No. 92/2004 s. 6(2). (ca) to the presence on licensed premises or authorised premises of a person who is employed to deliver packaged liquor for consumption off the premises to people of or over the age of 18 years and who is on the premises by reason of that employment; or S. 120(2)(d) amended by No. 59/2009 s. 28. (d) to the presence during ordinary trading hours on licensed premises or authorised premises of a person under the age of 18 years if the licence in respect of the premises is— S. 120(2)(d)(i) inserted by No. 59/2009 s. 28. (i) an on-premises licence where the permitted use of the licensed premises under the Planning and Environment Act 1987 is that of a restaurant; or S. 120(2)(d)(ii) inserted by No. 59/2009 s. 28. (ii) a restaurant and cafe licence; or S. 120(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.182). (e) to the presence on licensed premises or authorised premises of a person under the age of 18 years in accordance with the approval of the Commission and any conditions to which that approval is subject. S. 120(2A) inserted by No. 92/2004 s. 18(1)(8), amended by No. 58/2011 s. 104(Sch. item 4.183). (2A) A request for the Commission's approval for the purposes of subsection (2)(a)(i) must be accompanied by the fee specified in the regulations for the purposes of that subsection.
122 Permitting minor to supply liquor S. 122(1) amended by Nos 92/2004 s. 23(2)(d), 56/2014 s. 60. (1) A licensee must not permit a person under the age of 18 years to supply liquor on the licensed premises or on any authorised premises. 120 penalty units. Note to s. 122(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 122(2) amended by No. 58/2011 s. 104(Sch. item 4.185). (2) Subsection (1) does not apply to the supply of liquor on licensed or authorised premises by a person under the age of 18 years if the person is engaged in a training program approved by the Commission and is supplying the liquor in accordance with any conditions to which the Commission has determined that the training program is subject. 123 Offences by minors (1) A person under the age of 18 years— (a) must not purchase or receive liquor from another person; and (b) must not possess or consume liquor; and (c) must not enter or remain on any part of premises where liquor is served by a licensee— (i) except for the purpose of partaking of a meal; or (ii) unless the person is an employee or agent of the licensee or is acting under, or employed in connection with, a contract with the licensee; or
S. 123(2)(c) amended by No. 59/2009 s. 30(h). (c) to the purchase, receipt, possession or consumption of liquor in licensed premises under a general licence or a late night (general) licence by the spouse of a resident who is of or over the age of 18 years; or S. 123(2)(d) amended by No. 92/2004 s. 6(3)(a)(b). (d) to the receipt or possession of packaged liquor from a licensee or permittee by a person who is— (i) a member of the family of the licensee or permittee; or (ii) an employee or apprentice of the licensee or permittee— if the member or employee is employed to deliver that liquor to a person of or over the age of 18 years for consumption off the licensed or authorised premises; or (e) to the receipt, possession or consumption of liquor in a residence; or S. 123(2)(f) amended by No. 59/2009 s. 30(h). (f) to the possession or consumption of liquor by a person under the age of 18 years in licensed premises under a general licence or a late night (general) licence if the person— (i) is a resident; or (ii) is accompanied by his or her spouse, being a person of or over the age of 18 years or his or her parent or guardian— and is in possession of or consumes the liquor while partaking of a meal. (3) Subsection (1)(c) does not apply to a person under the age of 18 years who enters or remains on premises during ordinary trading hours if the licence in respect of the premises is an onpremises licence that is subject to the conditions set out in section 9(3).
131 Power to seize liquor in certain cases S. 131(1) amended by Nos 8/2009 s. 20(1)(a), 58/2011 s. 104(Sch. item 4.192), 37/2014 s. 10(Sch. item 96.16(a)). (1) If, at a time when liquor is not authorised to be supplied on licensed premises under the licence or this Act— (a) any liquor is served for supply on the licensed premises; or S. 131(1)(b) amended by Nos 39/2002 s. 12(b), 59/2009 s. 30(j). (b) any liquor is being carried away from the licensed premises by a person other than, in the case of a general licence, a late night (general) licence, an on-premises licence or a late night (onpremises) licence relating to licensed premises where accommodation for residents is provided, a resident— a police officer or a gambling and liquor inspector may seize or cause to be seized any such liquor together with the vessel containing it. S. 131(2) amended by Nos 8/2009 s. 20(1)(b), 58/2011 s. 104(Sch. item 4.192), 37/2014 s. 10(Sch. item 96.16(b)). (2) If a police officer or a gambling and liquor inspector reasonably believes that any liquor is brought into or consumed, supplied, possessed or controlled in any restaurant or club at any time otherwise than in accordance with a licence or BYO permit, the police officer or inspector may seize or cause to be seized any such liquor together with the vessel containing it. S. 132 amended by No. 37/2014 s. 10(Sch. item 96.17). 132 Police to assist if person asked to leave premises All police officers are required, on the request of the licensee or permittee or their employee or agent, to expel or assist in expelling any person whose presence on the licensed premises or any authorised premises would subject the licensee or permittee to a penalty under this Act and whom the licensee or permittee has asked to leave the licensed premises or authorised premises.
S. 141(2)(daa) inserted by No. 32/2006 s. 86(1)(a), amended by No. 58/2011 s. 104(Sch. item 4.205(a)). (daa) section 103A(2) (failure to notify the Commission in writing within 14 days of a person ceasing to be an associate of a licensee or permittee or a person becoming an associate of a licensee or permittee); S. 141(2)(da) inserted by No. 92/2004 s. 36(c). (da) section 105 (no letting or sub-letting without consent); S. 141(2)(db) inserted by No. 32/2006 s. 86(1)(b), amended by No. 58/2011 s. 104(Sch. item 4.205(b)). (db) section 106(1) (permit any other person to carry on a business of supplying liquor on the licensed premises of a licensee or permittee or permit any person who is not employed by the licensee or permittee to be engaged in the carrying on of such a business other than in accordance with the written consent of the Commission); S. 141(2)(dc) inserted by No. 57/2010 s. 21(2), amended by No. 58/2011 s. 104(Sch. item 4.205(c)). (dc) section 106B (failure to notify Commission that sexually explicit entertainment provided on licensed premises); S. 141(2)(dd) inserted by No. 12/2011 s. 8(2). (dd) section 106H(3)(a) (refusal to give name or address); S. 141(2)(de) inserted by No. 12/2011 s. 8(2). (de) section 106H(3)(b) (giving a false name or address); S. 141(2)(df) inserted by No. 12/2011 s. 8(2). (df) section 106H(7) (refusal to provide evidence of name or address);
S. 141(2)(ead) inserted by No. 57/2010 s. 21(3). (ead) section 108AC (licensee must ensure staff complete refresher approved responsible service of alcohol programs); S. 141(2)(eae) inserted by No. 57/2010 s. 21(3), amended by No. 20/2018 s. 25(1). (eae) section 108AD (licensee must keep RSA certificates); S. 141(2)(eaf) inserted by No. 57/2010 s. 21(3), substituted by No. 20/2018 s. 25(2). (eaf) section 108AE(2) (licensee must produce RSA certificates for inspection); S. 141(2)(eag) inserted by No. 20/2018 s. 25(2). (eag) section 108AE(3) (licensee must give information to police officer or a gambling and liquor inspector); S. 141(2)(eb) inserted by No. 92/2004 s. 36(d). (eb) section 108B (except subsection (3)) (corporate licensee must provide details of directors); (f) section 109 (taking orders at unlicensed premises); S. 141(2)(fa) inserted by No. 92/2004 s. 36(e). (fa) section 111(a) (certain offences at licensed premises contrary to the licence or permit); S. 141(2)(fb) inserted by No. 9/2008 s. 7(a). (fb) section 113(1), (1A), (1B) or (1C) (consuming or having liquor on unlicensed premises); S. 141(2)(fc) inserted by No. 88/2009 s. 8(2)(b). (fc) section 113A(1) (consumption of liquor on party buses); S. 141(2)(g) amended by No. 9/2008 s. 7(b). (g) section 114(1) (certain offences by
S. 141(2)(n) inserted by No. 73/2007 s. 6(b), amended by No. 71/2011 s. 21(b). (n) section 148J(1) or (2) (contravening exclusion order or failing to comply with police directions); S. 141(2)(o) inserted by No. 71/2011 s. 21(c). (o) clause 25(2), (3), (4), (5), (6), (7) or (9) of Schedule 3 (transitional provisions—Liquor Control Reform Amendment Act 2010); S. 141(2)(p) inserted by No. 71/2011 s. 21(c). (p) clause 26 (transitional provision—Liquor Control Reform Further Amendment Act 2011). Ss 142, 143 repealed by No. 32/2006 s. 87(3). * * * * * S. 144 amended by Nos 88/2001 s. 10(2)(a)(b), 32/2006 s. 86(2) (ILA s. 39B(1)). 144 Infringement penalties (1) The infringement penalty for an offence against a provision of this Act or a regulation is one-tenth of the maximum penalty fixed by that provision or regulation for that offence. S. 144(2) inserted by No. 32/2006 s. 86(2). (2) Despite subsection (1), the infringement penalty for an offence against section 103A(2) is 1 penalty unit. S. 144(3) inserted by No. 9/2008 s. 8(2). (3) Despite subsection (1), the infringement penalty for an offence against section 113(1), (1A), (1B) or (1C) is 2 penalty units. S. 144(4) inserted by No. 88/2009 s. 8(1). (4) Despite subsection (1), the infringement penalty for an offence against section 113A(1) is 2 penalty units. S. 144(5) inserted by No. 18/2010 s. 48, repealed by No. 71/2011 s. 22. * * * * *
An additional temporary measure that may be required could include that alcohol is not served, the lights are turned on or music is not played or patrons not admitted to the premises during a period of time offered under section 148ZC(3). S. 148ZD inserted by No. 64/2010 s. 7. 148ZD Issue of closure and evacuation notice S. 148ZD(1) amended by No. 58/2011 s. 104(Sch. item 4.213). (1) The Commission on receipt of the advice of a fire safety inspector under section 148ZC(1) must, if satisfied that the requirements of this Part have been met, issue a notice— (a) requiring the licensed premises to be closed; and (b) requiring the licensed premises to be evacuated. S. 148ZD(2) amended by No. 58/2011 s. 104(Sch. item 4.214). (2) If the Commission on receipt of the advice of a fire safety inspector under section 148ZC(1) is not satisfied that the requirements of this Part have been met, the Commission may— (a) instruct the fire safety inspector to satisfy any requirement of this Part; or (b) instruct the fire safety inspector to leave the premises searched without taking further action. S. 148ZD(3) amended by No. 58/2011 s. 104(Sch. item 4.215). (3) The Commission must record in writing any instruction given to a fire safety inspector under subsection (2) and the issuing of a notice under subsection (1). S. 148ZE inserted by No. 64/2010 s. 7. 148ZE Service of closure and evacuation notice
S. 148ZS(1) amended by No. 58/2011 s. 104(Sch. item 4.227). (1) If the Commission obtains information in the course of administering or carrying out functions, powers or duties under this Part, the Commission may disclose that information to— (a) the Chief Officer, and (b) subject to section 148ZT a municipal building surveyor of a Council; and S. 148ZS(1)(c) amended by No. 37/2014 s. 10(Sch. item 96.31). (c) a police officer. S. 148ZS(2) amended by No. 58/2011 s. 104(Sch. item 4.227). (2) The information that may be disclosed by the Commission to a person under subsection (1) includes— (a) the fact that a closure and evacuation notice has been issued; and (b) the name of the licensee or permittee to whom the closure and evacuation notice has been issued; and (c) the time and date that the closure and evacuation notice took effect; and (d) a copy of the closure and evacuation notice; and (e) any subsequent notice; and S. 148ZS(2)(f) amended by No. 58/2011 s. 104(Sch. item 4.227). (f) any information related to a search conducted under section 148W that the Commission considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the Building Act 1993; and (g) the fact that the closure and evacuation notice has been revoked.
(c) the time and date that the notice took effect; and (d) a copy of the notice; and (e) any subsequent notice; and S. 148ZT(1)(f) amended by No. 23/2012 s. 6(2). (f) any other information related to the notice that the Commission considers necessary for the purpose of the effective and efficient enforcement of a relevant provision of the Building Act 1993. S. 148ZT(2) amended by No. 58/2011 s. 104(Sch. item 4.230(a)). (2) If the licence of the licensed premises to which a closure and evacuation notice applies has been surrendered or suspended or cancelled the Commission must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the surrender, suspension or cancellation. S. 148ZT(3) amended by No. 58/2011 s. 104(Sch. item 4.230(b)). (3) If the Commission revokes a closure and evacuation notice and any subsequent notice for a licensed premises the Commission must disclose that fact to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days. S. 148ZT(4) amended by No. 58/2011 s. 104(Sch. item 4.230(c)). (4) Any information disclosed by the Commission under subsections (1) or (2) must not be used by a municipal building surveyor, except for the enforcement of a relevant provision of the Building Act 1993 or Local Government Act 1989. Ss inserted by No. 64/2010 s. 7, repealed by No. 58/2011 s. 68. * * * * *
(c) the number of patrons; (d) any activities carried out by a licensee or permittee that reduce the risk of harm arising from the operation of a licence or permit; (e) the previous conduct of a licensee or permittee in carrying out activities under a licence or permit; (f) the previous history of a licensee or permittee in complying with this Act and the regulations; (g) any other factors consistent with the objects of this Act. S. 180(6) inserted by No. 59/2009 s. 29(2). (6) A fee provided for by the regulations is not limited to an amount that is to the cost of providing a service. S. 181 repealed by No. 21/2001 s. 13. * * * * * S. 182 amended by No. 58/2011 s. 64(1) (ILA s. 39B(1)). 182 Savings and transitional provisions (1) Schedule 3 has effect. S. 182(2) inserted by No. 58/2011 s. 64(1). (2) Schedule 4 has effect.
Sch. 3 cl. 17(2)(e)(ii) amended by No. 23/2002 s. 197(3)(c). (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; Sch. 3 cl. 17(2)(e)(iii) repealed by No. 23/2002 s. 197(3)(d), new Sch. 3 cl. 17(2)(e)(iii) inserted by 92/2004 s. 37(a). (iii) the voting may be conducted by means of postal voting; Sch. 3 cl. 17(2)(e)(iv) repealed by No. 23/2002 s. 197(3)(d). * * * * * Sch. 3 cl. 17(2)(e)(v) amended by No. 23/2002 s. 197(3)(a). (v) the Victorian Electoral Commission must cause notice of the result of the voting to be published in the Government Gazette; Sch. 3 cl. 17(2)(e)(vi) substituted by No. 23/2002 s. 197(3)(e). (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; Sch. 3 cl. 17(2)(e)(vii) inserted by No. 23/2002 s. 197(3)(e). (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
Associations Incorporation Reform Act 2012, No. 20/2012 Assent Date: 1.5.12 Commencement Date: S. 226(Sch. 5 item 18) on 26.11.12: Special Gazette (No. 384) 20.11.12 p. 1 Current State: This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Australian Consumer Law and Fair Trading Act 2012, No. 21/2012 Assent Date: 8.5.12 Commencement Date: S. 239(Sch. 6 item 26) on 1.7.12: Special Gazette (No. 214) 28.6.12 p. 1 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Justice Legislation Amendment Act 2012, No. 23/2012 Assent Date: 8.5.12 Commencement Date: S. 6 on 6.2.12: s. 2(2) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 26) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Liquor Control Reform Amendment Act 2013, No. 1/2013 Assent Date: 12.2.13 Commencement Date: 13.2.13: s. 2 : All of Act in operation Co-operatives National Law Application Act 2013, No. 9/2013 Assent Date: 13.3.13 Commencement Date: S. 42(Sch. 2 item 12) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1 Current State: This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Statute Law Amendment (Directors' Liability) Act 2013, No. 13/2013 Assent Date: 13.3.13 Commencement Date: Ss 26–30 on 14.3.13: s. 2 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 State Tax Laws Amendment (Budget and Other Measures) Act 2013, No. 41/2013 Assent Date: 28.6.13 Commencement Date: S. 43 on 29.6.13: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998