79 Grant of application 134 Part 4—Authorisation of others to carry on licensed business 135 80 Application by executors, trustees and administrators for endorsement on licence or BYO permit 135 81 Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit 136 82 Application procedure 136 83 Objection by Chief Commissioner 136 84 Grant of application 137 85 Endorsement at initiative of Commission 137 86 Effect of endorsement 138 Part 4A—Demerits Register 139 86AA Definitions 139 86A Demerits Register 140 86B Commission to record demerit points 140 86C Record of day on which offence was committed 141 86D Commission must notify licensee or permittee when demerit point is incurred 141 86E Automatic suspension of licence or permit if certain number of demerit points incurred 141 86F Date of commencement of suspension 143 86G Notice of suspension 143 86H Minister may suspend, cancel or delay a suspension 144 86HA Demerit points automatically removed on transfer of licence or permit 144 86I Commission may remove demerit points of transferee who has relevant relationship 144 86IA Reinstatement of removed demerit points in the Register 145 86IB Notice of proposed reinstatement of demerit points and determination 146 86J Demerit point automatically deducted after 3 years 146 86K Commission may publish details of licences and permits 147 Part 6—Inquiries and disciplinary provisions 148 Division 1—Disciplinary action against licensee or permittee 148 90 Definitions 148 91 Inquiry into whether there are grounds to take disciplinary action 152 92 Licensee or permittee to be given notice of any inquiry under this Division 153 92A Other interested persons to be given notice of any inquiry under this Division 154 93 Commission's determination following inquiry into existence of grounds for disciplinary action 156
174 Extension of time for objections 322 175 Application of Gambling Regulation Act 2003 322 176 Issue of proof of age cards 323 177 Treasurer may make payments 324 178 Treasurer may require information 324 178A Delegation 325 179 Records to be made and kept by certain licensees 325 180 Regulations 327 Part 11—Repeals, consequential amendments and transitionals 330 182 Savings and transitional provisions 330 183 Transitional provision—Statute Law Amendment (Directors' Liability) Act 2013 330 184 Transitional provision—Gambling and Liquor Legislation Amendment (Reduction of Red Tape) Act 2014 331 Schedules 332 Schedule 1––Club licences 332 Schedule 2––Specified offences for the purposes of banning notices and exclusion orders 335 Schedule 3––Savings and transitional provisions 337 Schedule 4––Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011 361 Schedule 5—Transitional provisions—Liquor and Gambling Legislation Amendment Act 2018 372 Endnotes 374 1 General information 374 2 Table of Amendments 376 3 Amendments Not in Operation 386 4 Explanatory details 387
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;
S. 3(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 18). * * * * * S. 3(1) def. of late hour entry declaration inserted by No. 8/2006 s. 4(1). late hour entry declaration means a declaration made under section 58B; S. 3(1) def. of late night trading hours inserted by No. 59/2009 s. 4(3). late night trading hours in relation to a licence or BYO permit, means a continuous period from 1 a.m. on a particular day, where the licence or permit also authorises the supply of liquor up to 1 a.m. on that day; licence means a licence granted under this Act; S. 3(1) def. of licensed premises amended by Nos 71/2011 s. 4(b), 20/2018 s. 4(1)(a). licensed premises means the premises in respect of which a licence (other than a pre-retail licence) or BYO permit is granted but does not include premises referred to in section 13(1)(a) (producer's licence); licensee means the holder of a licence; licensing inspector means a person appointed as a licensing inspector under section 172; liquor means a beverage, or other prescribed substance, intended for human consumption with an alcoholic content greater than 05% by volume at a temperature of 20 Celsius;
premises includes a vehicle, vessel and aircraft; S. 3(1) def. of primary premises inserted by No. 71/2011 s. 4(a), amended by No. 20/2018 s. 4(1)(c). primary premises, in relation to a producer's licence under section 13, means premises occupied and used by the licensee— (a) for the production, storage or distribution of liquor that is the licensee's product; and (b) for the supply of liquor that is the licensee's product for consumption on or off the premises; and (c) for the supply of liquor that is not the licensee's product for consumption on the licensed premises; and (d) for the supply of packaged liquor that is the licensee's product to a person who makes an off-premises request; S. 3(1) def. of promotional event inserted by No. 71/2011 s. 4(a). promotional event includes but is not limited to a craft market, farmers' market, commercial market, festival, agricultural show, food and wine event, gallery opening, fair or local event but does not include a major event or horse-racing event; S. 3(1) def. of proof of age card amended by No. 58/2011 s. 104(Sch. item 4.1(b)). proof of age card means a document issued by the Commission under section 176; S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 29, substituted by No. 37/2014 s. 10(Sch. item 96.1(f)). protective services officer has the same meaning as in the Victoria Police Act 2013;
minimisation and the risks associated with the misuse and abuse of alcohol. S. 5 (Heading) inserted by No. 92/2004 s. 11(1). 5 Liquor Control Advisory Council S. 5(1) substituted by No. 92/2004 s. 11(2). (1) There is established a Liquor Control Advisory Council to advise the Minister on problems of alcohol abuse and on any other matters referred to it by the Minister. S. 5(2) substituted by No. 92/2004 s. 11(2). (2) The Council consists of a Chairperson and as many other members as the Minister considers it appropriate to appoint. S. 5(3) substituted by No. 92/2004 s. 11(2). (3) In appointing a person to be a member of the Council, the Minister must be satisfied that the person has appropriate knowledge, experience or skills. (4) A member holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for re-appointment. (5) A member is entitled to be paid any travelling and other allowances approved by the Minister. S. 5(6) amended by No. 108/2004 s. 117(1) (Sch. 3 item 115.1). (6) The Public Administration Act 2004 does not apply to a member of the Council in respect of the office of member. S. 5(7) amended by No. 92/2004 s. 11(3). (7) The Minister may remove a member from office. (8) The Council may regulate its own procedure.
(1) A packaged liquor licence authorises the licensee to supply liquor on the licensed premises in sealed containers, bottles or cans— (a) during ordinary trading hours; and S. 11(1)(b) substituted by No. 59/2009 s. 10, amended by No. 58/2011 s. 104(Sch. item 4.22). (b) 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. 11(1)(c) inserted by No. 59/2009 s. 10, amended by Nos 8/2010 s. 8, 71/2011 s. 8(1), 58/2011 s. 104(Sch. item 4.22). (c) 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; and S. 11(1)(d) inserted by No. 71/2011 s. 8(2), amended by No. 58/2011 s. 104(Sch. item 4.22). (d) at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence— for consumption off the licensed premises. (2) If— (a) the licensed premises under a packaged liquor licence is located within premises used primarily as a supermarket; and (b) the licensee is the owner of the supermarket business; and S. 11(2)(c) amended by No. 58/2011 s. 104(Sch. item 4.23). (c) the Commission so determines and specifies in the licence—
S. 11(4) inserted by No. 39/2002 s. 6(2), repealed by No. 57/2010 s. 9(2). * * * * * S. 11(5) inserted by No. 39/2002 s. 6(2). (5) The Minister, by notice published in the Government Gazette, may determine a code of conduct, consistent with the objects of this Act, for licensees of packaged liquor licences. S. 11(6) inserted by No. 39/2002 s. 6(2). (6) The Minister may, at any time by notice published in the Government Gazette, vary or revoke the code of conduct under subsection (5). S. 11(7) inserted by No. 39/2002 s. 6(2). (7) The Minister must not determine a code of conduct, or vary or revoke it, until the Minister has consulted packaged liquor licensees. S. 11(8) inserted by No. 6/2003 s. 15, repealed by No. 16/2017 s. 30. * * * * * S. 11A inserted by No. 59/2009 s. 11. 11A Late night licence (1) A late night licence may be— (a) a late night (general) licence; or (b) a late night (on-premises) licence; or (c) a late night (packaged liquor) licence. (2) A late night (general) licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and
S. 14(1B)(a) amended by Nos 8/2010 s. 10(2), 58/2011 s. 104(Sch. item 4.33). (a) subject to section 15A, authorises the licensee to supply liquor at the times determined by the Commission and specified in the licence; and (b) may be renewed in accordance with this Act. (2) A limited licence is subject to— S. 14(2)(a) repealed by No. 21/2014 s. 13. * * * * * (b) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 14(2)(c) amended by No. 58/2011 s. 104(Sch. item 4.34). (c) any other conditions determined by the Commission and specified in the licence. S. 14(3) amended by Nos 59/2009 s. 12(2), 58/2011 s. 104(Sch. item 4.35), repealed by No. 21/2014 s. 13. * * * * * S. 14A inserted by No. 59/2009 s. 13. 14A Major event licence 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 (c) the event is likely to have a significant impact on public safety or the amenity of the area or both in which the event is to be held.
S. 26(4) inserted by No. 59/2009 s. 16. (4) The fee specified in a notice under subsection (3) must be the amount that is the difference between the prescribed fee for a temporary limited licence and the relevant prescribed fee for a major event licence. S. 26(5) inserted by No. 59/2009 s. 16, amended by No. 58/2011 s. 104(Sch. item 4.52). (5) If a notice is given under subsection (3), the Commission is not required to consider the application further until the fee specified in the notice is paid. New s. 26A inserted by No. 59/2009 s. 17, amended by No. 58/2011 s. 104(Sch. item 4.53). 26A Restriction on grant of major event licence The Commission may grant a major event licence only if satisfied that the scale and scope of the supply of liquor the subject of the licence is limited in nature. New s. 26B inserted by No. 57/2010 s. 11. 26B Restriction on the grant of certain responsible service of alcohol programs (1) This section applies to an application for a general licence, on-premises licence, packaged liquor licence or late night licence. S. 26B(2) amended by No. 58/2011 s. 104(Sch. item 4.54). (2) The Commission must not grant the licence unless satisfied that the applicant, or if the applicant is a body corporate, the person who will be responsible for the management or control of the licensed premises, has completed an approved responsible service of alcohol program in the 3 years prior to the date on which the application was made. S. 26B(3) amended by No. 58/2011 s. 104(Sch. item 4.54). (3) The Commission may exempt an applicant, or if the applicant is a body corporate, the person who will be responsible for the management or control of the licensed premises, from the requirement under subsection (2), if the Commission thinks it is appropriate to do so.
(b) engaged in activities involving the trading in or marketing of liquor in a manner contrary to the provisions of this Act. S. 44(4) substituted by No. 58/2011 s. 53(2). (4) The Commission may— (a) in respect of an uncontested application, have regard to any matter the Commission considers relevant; and (b) make any enquiries the Commission considers appropriate but is not required to give any person an opportunity to be heard concerning the application. S. 44(5) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.81). (5) If the Commission refuses to grant an uncontested application for a late night (general) licence, the Commission may grant a general licence instead. S. 44(6) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.82). (6) If the Commission refuses to grant an uncontested application for a late night (onpremises) licence, the Commission may grant an on-premises licence or a restaurant and cafe licence instead. S. 44(7) inserted by No. 59/2009 s. 24, amended by No. 58/2011 s. 104(Sch. item 4.83). (7) If the Commission refuses to grant an uncontested application for a late night (packaged liquor) licence, the Commission may grant a packaged liquor licence instead.
Ss 45, 46 repealed by No. 58/2011 s. 65. * * * * * S. 47 (Heading) inserted by No. 58/2011 s. 54(1). 47 Determination of contested application S. 47(1) substituted by No. 58/2011 s. 54(2). (1) Subject to Division 3, the Commission must, after the period for making an objection under Division 5 has expired, including any extension of time granted for making an objection, grant or refuse a contested application. S. 47(1A) inserted by No. 20/2018 s. 17. (1A) In addition to subsection (1), the Commission must not delay the grant or the refusal to grant a contested application on the ground that an application for a permit made under the Planning and Environment Act 1987 to permit the use of the premises to which the application relates is not yet determined. Note See section 16(2) that provides that the licence and BYO permit condition relating to compliance with the planning scheme under the Planning and Environment Act 1987 does not apply to a preretail licence, a limited licence or a major event licence. S. 47(2) amended by No. 58/2011 s. 54(3). (2) The Commission may refuse to grant a contested application on any of the grounds set out in section 44(2) and section 44(3) applies accordingly. S. 47(3) substituted by No. 58/2011 s. 54(4). (3) Before granting or refusing a contested application under subsection (1), the Commission— (a) may have regard to any matter the Commission considers relevant; and (b) may make any enquiries the Commission considers appropriate; and
Note to s. 54(11) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 55 amended by Nos 58/2011 s. 104(Sch. item 4.97), 20/2012 s. 226(Sch. 5 item 18(1)). 55 Transfer of club licence to incorporated association If a copy of a certificate of incorporation of a club under the Associations Incorporation Reform Act 2012 is lodged with the Commission, a club licence held on behalf of the club before that incorporation is deemed to have been transferred to the incorporated association and the Commission must amend the licence or permit accordingly. 56 Concurrent dealing with transfer and relocation If an applicant for relocation of a licence or BYO permit is also, together with a proposed transferee, an applicant for the transfer of the licence or permit, the application for relocation is to be dealt with at the same time as the application for transfer. 57 Effect of transfer or relocation (1) A transfer of a licence or BYO permit operates as a like licence or BYO permit granted to the transferee— (a) for the residue of the term for which the licence or BYO permit was granted to the transferor; or (b) if the transfer takes place after application for renewal of the licence or BYO permit has been made and before the date of operation of that renewal—for the period for which the licence or BYO permit is to be renewed. S. 57(2) amended by No. 58/2011 s. 104(Sch. item 4.98). (2) If the Commission grants an application for the relocation of a licence or BYO permit, the licence or permit has effect as if it had been granted in respect of the premises to which it is relocated.
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. S. 58C inserted by No. 8/2006 s. 9. 58C Making a late hour entry declaration S. 58C(1) amended by No. 58/2011 s. 104(Sch. item 4.109). (1) The Commission must give written notice of a proposed late hour entry declaration under section 58B to each licensee of licensed premises in the area or locality to which the declaration is proposed to apply. S. 58C(2) amended by No. 58/2011 s. 104(Sch. item 4.109). (2) Within 21 days after notice is given to a licensee under subsection (1), the licensee may give the Commission written notice of objection to the proposed late hour entry declaration. S. 58C(3) amended by No. 58/2011 s. 104(Sch. item 4.109). (3) If a licensee gives notice of objection in accordance with subsection (2), the Commission must not make 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. S. 58CA inserted by No. 73/2007 s. 15. 58CA Temporary late hour entry declaration
may remove the name of that person from the licence or BYO permit. (2) If a person's name is removed from a licence or BYO permit under subsection (1)— (a) the remaining members of the partnership are deemed to be the licensees or permittees; or (b) if the partnership is dissolved, the former member or members remaining in occupation of the licensed premises are deemed to be the licensees or permittees. S. 66 amended by No. 58/2011 s. 104(Sch. item 4.119). 66 Licence or permit lapses if not endorsed If a licensee or permittee— (a) dies; or (b) becomes an insolvent under administration; or (c) becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or S. 66(d) amended by Nos 44/2001 s. 3(Sch. item 73.5), 8/2009 s. 10(a). (d) becomes an externally-administered body corporate within the meaning of the Corporations Act; or S. 66(e) inserted by No. 8/2009 s. 10(b). (e) in the case of a body corporate, is wound up, or is deregistered under the Corporations Act— the licence or BYO permit ceases to have force at the end of the period of 90 days after the happening of the event or such longer period as the Commission in any particular case allows, unless the licence or permit is endorsed under Part 4.
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. 81 amended by No. 92/2004 s. 18(1)(4) (ILA s. 39B(1)). 81 Application by owner or mortgagee of licensed premises for endorsement on licence or BYO permit S. 81(1) amended by No. 58/2011 s. 104(Sch. item 4.131). (1) The owner or a mortgagee of licensed premises may apply to the Commission to have their name or the name of their agent endorsed on a licence or BYO permit if— (a) the licensee or permittee has been legally evicted from, or has deserted, the licensed premises; and (b) the owner or mortgagee is in possession of the licensed premises. S. 81(2) inserted by No. 92/2004 s. 18(1)(4). (2) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section. 82 Application procedure (1) An application under section 80 or 81 must—
to make submissions in accordance with this section. S. 93 substituted by No. 58/2011 s. 56. 93 Commission's determination following inquiry into existence of grounds for disciplinary action (1) After the Commission has conducted an inquiry into whether grounds for disciplinary action against a licensee or permittee exist, the Commission— (a) must make a determination based on that inquiry; and (b) if the outcome of that inquiry is that the Commission considers that there are grounds for taking disciplinary action—may, subject to section 93A(2), take disciplinary action against the licensee or permittee as the Commission sees fit. (2) The Commission must— (a) as soon as practicable after making the determination, give written notice of the determination to— (i) the licensee or permittee; and (ii) any person who made a request under section 91(1)(b); and (iii) any person given notice under section 92A; and (b) give a statement of reasons for the determination to the licensee or permittee— (i) at the same time as the written notice of the determination; or (ii) as soon as practicable after the determination is made.
S. 97(2) amended by No. 9/2008 s. 4. (2) If a BYO permit is suspended, it is deemed not to be in force in respect of any premises for the purposes of section 113(1B) or (1C). Pt 6 Div 4 (Heading and ss 97A, 97B) inserted by No. 73/2007 s. 19. Division 4—Breach notices S. 97A inserted by No. 73/2007 s. 19. 97A Service of breach notice 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).
Note to s. 99A(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 99A(2) amended by No. 58/2011 s. 104(Sch. item 4.140). (2) Subsection (1) does not apply to a licensee, a class of licensees or a class of activities that the Commission has exempted under section 99B or 99C. (3) In this section— drinking water means water that is intended for human consumption. S. 99B inserted by No. 57/2010 s. 15. 99B Exemption from requirement to provide free drinking water—without application S. 99B(1) amended by No. 58/2011 s. 104(Sch. item 4.141). (1) The Commission may, by notice in writing, exempt a licensee or a class of licensees or class of activities from the requirement to provide free drinking water to patrons under section 99A, if the Commission thinks it is appropriate to do so. S. 99B(2) amended by No. 58/2011 s. 104(Sch. item 4.141). (2) The Commission may grant an exemption under subsection (1) for the period and on any conditions the Commission determines. S. 99B(3) amended by No. 58/2011 s. 104(Sch. item 4.141). (3) The Commission may revoke an exemption granted under subsection (1) by notice in writing. S. 99C inserted by No. 57/2010 s. 15. 99C Exemption from requirement to provide free drinking water—on application
S. 99C(1) amended by No. 58/2011 s. 104(Sch. item 4.142). (1) A licensee may apply to the Commission to be exempted from the requirement to provide free drinking water to patrons under section 99A. S. 99C(2) amended by No. 58/2011 s. 104(Sch. item 4.142). (2) The Commission may approve an application if the Commission thinks it is appropriate to do so. S. 99C(3) amended by No. 58/2011 s. 104(Sch. item 4.142). (3) The Commission must give the licensee notice in writing of the approval or refusal of an application. S. 99C(4) amended by No. 58/2011 s. 104(Sch. item 4.142). (4) The Commission may grant an exemption under subsection (2) for the period and on any conditions the Commission determines. S. 99C(5) amended by No. 58/2011 s. 104(Sch. item 4.142). (5) The Commission may revoke an exemption granted under subsection (2) by notice in writing. S. 99D (Heading) amended by No. 58/2011 s. 104(Sch. item 4.143). S. 99D inserted by No. 57/2010 s. 15, amended by No. 58/2011 s. 104(Sch. item 4.144). 99D Matters Commission must consider when exempting licensees from free drinking water requirements In making a decision under section 99B or 99C to exempt a licensee, class of licensees or class of activities from the requirement to provide free drinking water to patrons under section 99A, 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 section 99A.
S. 100 amended by No. 59/2009 s. 30(g). 100 Residents' register A licensee under a general licence, a late night (general) licence, an onpremises licence or a late night (onpremises) licence relating to licensed premises where accommodation for residents is provided— S. 100(a) amended by No. 58/2011 s. 104(Sch. item 4.145(a)). (a) must keep a residents' register in a form approved by the Commission; S. 100(b) amended by No. 58/2011 s. 104(Sch. item 4.145(a)). (b) must cause to be entered in the register the particulars determined by the Commission relating to residents of the licensed premises; (c) must keep the register on the licensed premises; S. 100(d) amended by No. 92/2004 s. 24(a). (d) must not make or cause or permit to be made in the register any false or misleading entry; S. 100(e) inserted by No. 92/2004 s. 24(b), amended by Nos 8/2009 s. 14, 58/2011 s. 104(Sch. item 4.145(b)), 37/2014 s. 10(Sch. item 96.5). (e) must produce the register for inspection if asked to do so by a police officer or a gambling and liquor inspector. 10 penalty units. Note to s. 100 inserted by No. 13/2013 s. 29(2). Note Section 53A applies to an offence against this section. S. 101 amended by No. 57/2010 s. 16. 101 Copy of licence or permit to be displayed on premises
S. 101B inserted by No. 92/2004 s. 25. 101B Plan of premises to be retained and produced for inspection (1) A licensee or permittee must keep on the licensed premises at all times a copy of the last plan or depiction of the licensed premises that was— S. 101B(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.149). (a) submitted to the Commission under Division 4 of Part 2 as part of an application that was granted; or S. 101B(1)(b) amended by Nos 58/2011 s. 104(Sch. item 4.149), 21/2015 s. 3(Sch. 1 item 31.1). (b) certified by the Commission under section 101A— (whichever is the later document). 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. 105(5) amended by No. 58/2011 s. 104(Sch. item 4.164). (5) The consent of the Commission is valid for the period specified in the consent. 106 Control of business of supply of liquor S. 106(1) amended by Nos 92/2004 s. 23(2)(a), 58/2011 s. 104(Sch. item 4.165). (1) A licensee or permittee must not— (a) permit any other person to carry on a business of supplying liquor on the licensed premises; or (b) permit any person who is not employed by the licensee or permittee to be engaged in the carrying on of such a business— except in accordance with the consent of the Commission given to the licensee or permittee. 60 penalty units. 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—
(2) It is a reasonable excuse for the purposes of subsection (1), that the person making a delivery has seen an evidence of age document of the person receiving the delivery indicating that the person is of or over the age of 18 years. 120 Allowing minors on licensed or authorised premises S. 120(1) amended by Nos 92/2004 s. 23(2)(a), 56/2014 s. 58. (1) If a person under the age of 18 years— (a) is on licensed premises or any authorised premises; and (b) is not— S. 120(1)(b)(i) substituted by No. 92/2004 s. 4(1)(a). (i) in the company of a responsible adult; or (ii) on the premises for the purpose of partaking of a meal; or (iii) in the case of a licence under which accommodation is provided, a resident of those premises— the licensee or permittee is guilty of an offence. 120 penalty units. Note to s. 120(1) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection. (2) Subsection (1) does not apply— (a) to the presence on any part of the licensed premises or authorised premises of a person under the age of 18 years at any time at which— S. 120(2)(a)(i) amended by No. 58/2011 s. 104(Sch. item 4.182). (i) entertainment for or mainly for people under the age of 18 years is provided on that part of the premises in accordance with the approval of the Commission
(2) If the authorised person or a person assisting the authorised person finds that a disk, tape or other storage device at the premises contains information of the kind referred to in subsection (1)(c), he or she may— (a) put the information in documentary form and seize the documents so produced; or (b) copy the information to another disk, tape or other storage device and remove that storage device from the premises; or (c) if it is not practicable to put the information in documentary form nor to copy the information, seize the disk, tape or other storage device and the equipment that enables the information to be accessed. S. 133E(3) amended by No. 58/2011 s. 104(Sch. item 4.193). (3) An authorised person or a person assisting an authorised person must not operate or seize equipment for the purpose mentioned in this section unless the authorised person or person assisting believes on reasonable grounds that the operation or seizure of the equipment can be carried out without damage to the equipment. Pt 8 Div. 3A (Heading and ss 133F, 133G) inserted by No. 73/2007 s. 23. Division 3A—Undertakings by licensees S. 133F inserted by No. 73/2007 s. 23. 133F Undertakings S. 133F(1) amended by No. 58/2011 s. 104(Sch. item 4.194). (1) The Commission may accept a written undertaking given by a licensee in connection with—
S. 141(2)(m) inserted by No. 73/2007 s. 6(b). (m) section 148F(1) or (2) (contravening banning notice or failing to comply with police directions); 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.
charges against the person in respect of the specified offence; and (d) whether that person is capable of comprehending the nature and effect of the notice; and S. 148B(4)(e) amended by No. 37/2014 s. 10(Sch. item 96.20(c)(ii)). (e) any other matters the police officer considers relevant. S. 148B(5) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(d)). (5) A police officer must produce proof of his or her identity and official status before giving a banning notice to a person, unless the police officer is in uniform. S. 148B(6) amended by Nos 57/2010 s. 22, 37/2014 s. 10(Sch. item 96.20(e)). (6) A the police officer cannot give a banning notice referred to in subsection (1)(a) to a person if the police officer believes or has reasonable grounds for believing that the person lives or works in the designated area. (7) If a person to whom a banning notice applies lives or works in licensed premises in the designated area, the banning notice does not prevent him or her from entering those licensed premises during the period for which the notice applies. (8) No more than one banning notice may be given to a person for a designated area, or licensed premises in the area, in respect of the same specified offence, but a banning notice may be given to a person who is already subject to a banning notice for the designated area, or licensed premises in the area, if the subsequent notice is given in respect of a separate specified offence.
(d) refuse to comply with the request in writing if requested to do so. 5 penalty units. S. 148D(6) amended by No. 37/2014 s. 10(Sch. item 96.22(f)). (6) If a person states a name and address in response to a request made under subsection (1) and the police officer who made the request suspects on reasonable grounds that the stated name or address may be false, the police officer may request the person to produce evidence of the correctness of the name and address. (7) The person must comply with the request, unless he or she has a reasonable excuse for not doing so. 5 penalty units. S. 148D(8) amended by No. 37/2014 s. 10(Sch. item 96.22(f)). (8) It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the police officer who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. S. 148E inserted by No. 73/2007 s. 5. 148E Variation and revocation of banning notice S. 148E(1) amended by Nos 57/2010 s. 25, 37/2014 s. 10(Sch. item 96.23). (1) A police officer of or above the rank of sergeant may vary or revoke a banning notice at any time, by notice in writing given to the person to whom the notice applies. (2) A banning notice cannot be varied under this section to extend the period for which the notice applies. S. 148F inserted by No. 73/2007 s. 5. 148F Offence to contravene banning notice or fail to comply with police directions
S. 148G inserted by No. 73/2007 s. 5. 148G Direction to leave designated area or licensed premises (1) This section applies if a person to whom a banning notice applies is in the designated area or licensed premises in contravention of the notice. S. 148G(2) amended by No. 37/2014 s. 10(Sch. item 96.24(a)). (2) Subject to subsection (3), a police officer may direct the person to leave the designated area or the licensed premises (as the case requires) in the manner, if any, directed by the police officer. S. 148G(3) amended by No. 37/2014 s. 10(Sch. item 96.24(b)(i)). (3) A police officer must— (a) produce proof of his or her identity and official status before exercising a power under subsection (2) unless the police officer is in uniform; and (b) inform the person that— S. 148G(3) (b)(i) amended by No. 37/2014 s. 10(Sch. item 96.24(b)(i)). (i) the police officer is empowered to direct the person to leave the designated area or licensed premises (as the case requires); and (ii) it is an offence to fail to comply with the direction; and (c) make all reasonable attempts to ensure that the person understands the direction. (4) A direction under subsection (2)— (a) may be given orally or in writing; and
S. 148J(2) amended by No. 37/2014 s. 10(Sch. item 96.25). (2) If the person is in the designated area, or licensed premises in contravention of the order, he or she must comply with any direction given by a police officer under section 148K. 60 penalty units. (3) It is a defence to a charge of an offence against subsection (1) or (2) for the defendant to prove that— (a) the defendant was under a mistaken but honest and reasonable belief about facts which, had they existed, would have meant that the conduct would not have constituted an offence; or (b) the conduct constituting the offence was caused by circumstances beyond the control of the defendant and the defendant had taken reasonable precautions to avoid committing an offence. S. 148J(4) amended by No. 37/2014 s. 10(Sch. item 96.25). (4) Despite subsection (2), it is not an offence for a person to fail to comply with a direction given by a police officer under section 148K if the police officer did not comply with section 148K(3). S.148J(5) amended by No. 68/2009 s. 97(Sch. item 78.4). (5) Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (4). (6) Nothing in this section affects the powers of the court or of the Supreme Court in relation to contempt of court. S. 148K inserted by No. 73/2007 s. 5. 148K Direction to leave designated area or licensed premises (1) This section applies if a person to whom an exclusion order applies is in the designated area or licensed premises in contravention of the order.
S. 148ZR(1) amended by Nos 58/2011 s. 104(Sch. item 4.226), 1/2013 s. 4. (1) The Commission by instrument may delegate to a commissioner or an employee employed under Part 3 of the Public Administration Act 2004 any power, duty or function of the Commission under this Part, other than this power of delegation. (2) A delegation under subsection (1) may be made— (a) in relation to a person specified in the instrument of delegation; or (b) in relation to the holder, or the holder from time to time, of an office specified, in the instrument of delegation. Division 5—General S. 148ZS inserted by No. 64/2010 s. 7. 148ZS Disclosure of information for enforcement purposes 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
S. 151 substituted by No. 58/2011 s. 62. 151 Definitions In this Division— applicable decision maker means— (a) a single commissioner performing a function or duty or exercising a power under this Act; or (b) a single commissioner performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; or (c) an employee of the Commission performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; Commission on review means the Commission constituted by 3 or more commissioners for the purposes of this Division. S. 152 substituted by No. 58/2011 s. 62. 152 Reviewable decisions The following table sets out— (a) decisions (however described) made under this Act by an applicable decision maker that are reviewable in accordance with this Division (reviewable decisions); and (b) who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision). S. 152 (Table) amended by No. 20/2018 s. 30. Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Division 6 of Part 2 An applicant under section 27 for the grant of a licence or BYO permit or an entity that objects under
conditions 21 Section 115A(1) A licensee to whom a notice is given 22 Section 120(2)(a)(i) or (e) A licensee 23 Section 148ZD A licensee Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 24 Section 174 A person who requests the Commission to extend the time for making an objection under the Act or to accept an objection made after the time under the Act for making that objection has expired S. 153 substituted by No. 58/2011 s. 62. 153 Applications for internal review (1) An eligible person in relation to a reviewable decision may apply to the Commission for review of the decision. (2) An application must— (a) be made within the later of— (i) 28 days after the day on which the decision first came to the eligible person's notice; or (ii) 28 days after the eligible person received a statement of reasons for the decision; or (iii) such longer period as the Commission allows; and (b) be in the form approved (in writing) by the Commission.
(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. Sch. 3 cl. 21 inserted by No. 73/2007 s. 25. 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. Sch. 3 cl. 23 inserted by No. 59/2009 s. 31 (as amended by No. 1/2010 s. 106). 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 (Licensing) Act 2009 for the continuation after that commencement of the onpremises 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 (Licensing) 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 (onpremises) 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 (Licensing) 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. Sch. 3 cl. 24 inserted by No. 59/2009 s. 32. 24 Transitional provisions—Liquor Control Reform Amendment (Licensing) Act 2009 (1) A general licence that authorises the supply of liquor during late night trading hours that was in force immediately before the commencement of section 11 of the Liquor Control Reform Amendment (Licensing) Act 2009 is, after the commencement of that section, taken to continue in force (subject to any conditions on which it was granted) as a late night (general) licence. (2) An application for a general licence authorising trading during late night trading hours that was made but not finally determined before the commencement of section 11 of the Liquor
to have applied in respect of any packaged liquor licence in force on or after 1 January 2010. Sch. 3 cl. 28 inserted by No. 71/2011 s. 31(2). 28 Savings provision—late night (packaged liquor) licences Section 11A(4) as amended by the Liquor Control Reform Further Amendment Act 2011 is taken to have applied in respect of any late night (packaged liquor) licence granted on or after 1 January 2010. Sch. 3 cl. 29 inserted by No. 71/2011 s. 31(2). 29 Transitional provision—vigneron's licences On and from the commencement of section 10 of the Liquor Control Reform Further Amendment Act 2011, any vigneron's licence that was in force immediately before that commencement is taken to continue in force (subject to any conditions on which it was granted) as if it were a wine and beer producer's licence. Sch. 3 cl. 30 inserted by No. 71/2011 s. 31(2). 30 Transitional provision—other licences (1) A licensee of a licence that is not a late night licence that was in force immediately before the commencement of section 10 of the Liquor Control Reform Further Amendment Act 2011 may, within 1 year of that commencement, apply to the Commission for a variation of the licence to a wine and beer producer's licence. (2) If the Commission is satisfied that the conditions for a wine and beer producer's licence have been met, the Commission may authorise the variation. (3) Section 29 does not apply to an application under this section. (4) An application under this section is not subject to any fee.
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