(b) in the case of licensed premises within the municipal district of a Council mentioned in the Schedule to the Public Holidays Act 1993, who resides more than 5 kilometres from the licensed premises; and (c) in the case of licensed premises that are not within the municipal district of a Council mentioned in the Schedule to the Public Holidays Act 1993, who resides more than 10 kilometres, or any other distance which is determined by the Minister under subsection (2), from the licensed premises; and s. 3 (d) whose name, residential address and date of admission to the licensed premises is recorded on the register of authorised gaming visitors required to be kept under section 10(4)(b)(ii); S. 3(1) def. of authorised member of the police force repealed by No. 57/2010 s. 4(3)(a). * * * * * S. 3(1) def. of authorised person inserted by No. 8/2009 s. 4(1). authorised person, in Division 3 of Part 8, means— (a) the Director; or (b) a compliance inspector; or (c) a member of the police force; S. 3(1) def. of authorised premises amended by No. 59/2009 s. 4(1). authorised premises means premises referred to in section 9(1)(b), 9A(1)(b) or 11A(3)(b);
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 bed and breakfast business inserted by No. 57/2010 s. 4(1). bed and breakfast business means a business that— (a) provides temporary accommodation, other than dormitory style accommodation, for persons in the course of that business; and s. 3 (b) is operated by the permanent residents of the accommodation premises; S. 3(1) def. of breach notice inserted by No. 73/2007 s. 11. breach notice means a notice served by the Director 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; Chief Commissioner means Chief Commissioner of Police appointed under the Police Regulation Act 1958; S. 3(1) def. of compliance inspector inserted by No. 8/2009 s. 4(1). compliance inspector means a person appointed as a compliance inspector under section 172A; S. 3(1) def. of contested application substituted by No. 73/2007 s. 9. contested application means— (a) an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which any
owner of premises, means the person for the time being entitled to receive either on their own account or as mortgagee or other encumbrancer the rent of the premises or who would be so entitled if the premises were let at a rent; S. 3(1) def. of party bus inserted by No. 88/2009 s. 4. party bus has the meaning set out in section 113A; S. 3(1) def. of permitted percentage inserted by No. 39/2002 s. 4(1), repealed by No. 39/2002 s. 16(a). * * * * * permittee means the holder of a BYO permit; premises includes a vehicle, vessel and aircraft; proof of age card means a document issued by the Director under section 176; S. 3(1) def. of related body corporate inserted by No. 39/2002 s. 4(2)(a), repealed by No. 39/2002 s. 16(a). * * * * * s. 3 S. 3(1) def. of related entity amended by No. 44/2001 s. 3(Sch. item 73.1), substituted by No. 39/2002 s. 4(2)(b), repealed by No. 39/2002 s. 16(a). * * * * *
S. 4 amended by No. 59/2009 s. 5(3) (ILA s. 39B(1)). 4 Objects s. 4 (1) The objects of this Act are— S. 4(1)(a) amended by No. 59/2009 s. 5(1). (a) to contribute to minimising harm arising from the misuse and abuse of alcohol, including by— (i) providing adequate controls over the supply and consumption of liquor; and (ii) ensuring as far as practicable that the supply of liquor contributes to, and does not detract from, the amenity of community life; and S. 4(1)(a)(iii) inserted by No. 88/2001 s. 5. (iii) restricting the supply of certain other alcoholic products; and S. 4(1)(a)(iv) amended by No. 59/2009 s. 5(2). (iv) encouraging a culture of responsible consumption of alcohol and reducing risky drinking of alcohol and its impact on the community; and (b) to facilitate the development of a diversity of licensed facilities reflecting community expectations; and S. 4(1)(c) amended by No. 57/2010 s. 5(1). (c) to contribute to the responsible development of the liquor and licensed hospitality industries; and S. 4(1)(d) inserted by No. 57/2010 s. 5(2). (d) to regulate licensed premises that provide sexually explicit entertainment. S. 4(2) inserted by No. 59/2009 s. 5(3). (2) It is the intention of Parliament that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act must be exercised and performed with due regard to harm 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 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.
S. 11(8) inserted by No. 6/2003 s. 15. (8) The Small Business Commissioner appointed under the Small Business Commissioner Act 2003 may investigate the compliance by licensees of packaged liquor licences with a code of conduct under subsection (5). S. 11A inserted by No. 59/2009 s. 11. 11A Late night licence s. 11A (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. 11A(2)(a)(ii) amended by No. 8/2010 s. 9(1). (ii) subject to section 15A, at any other times determined by the Director 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 (c) if the licensee resides on the licensed premises, to supply liquor on that part of the licensed premises set aside for the licensee's private residence at any time to a guest of the licensee for consumption on that part of the licensed premises.
(2) An application for transfer must— (a) be in a form approved by the Director; and S. 32(2)(ab) inserted by No. 8/2009 s. 9(3). (ab) list the names, dates of birth and addresses of the associates— (i) of the proposed transferee; and (ii) if the proposed transferee is a body corporate, of each director of the proposed transferee; and (b) include the prescribed particulars; and (c) be accompanied by— (i) the prescribed information (if any); and S. 32(2)(c)(ia) inserted by No. 92/2004 s. 15(2). (ia) a plan or depiction of the licensed premises in a form specified by the Director; and (ii) the prescribed transfer fee. (3) If the Director requests an applicant for transfer to give any other information, the applicant must comply with the request. S. 32(4) inserted by No. 8/2009 s. 9(4). (4) Subsection (2)(ab)(ii) does not apply if the proposed transferee is a Council, a university or a TAFE institute. 33 Copy of application to be given to police and local council s. 33 (1) On receiving an application— (a) for a licence or BYO permit; or (b) for the variation of a licence or BYO permit (other than an application by the Chief Commissioner or a licensing inspector); or (c) for the transfer or relocation of a licence or BYO permit— the Director must give a copy of the application to the Chief Commissioner.
(2) On receiving an application— (a) for a licence; or (b) for the variation of a licence (other than an application by the Chief Commissioner or a licensing inspector); or (c) for the relocation of a licence— the Director must give a copy to the Council of the municipal district in which the premises or licensed premises to which the application relates are situated. S. 33(3) amended by No. 59/2009 s. 19. (3) Subsections (1) and (2) do not apply to an application for a limited licence or a major event licence or for the variation, transfer or relocation of a limited licence or major event licence or for a prescribed variation of a licence or BYO permit, but the Director may give a copy of such an application to the Chief Commissioner or the relevant Council if the Director thinks fit. 34 Public display of licence application s. 34 S. 34(1) amended by No. 59/2009 s. 20(1), substituted by No. 57/2010 s. 12. (1) An applicant for the grant, variation or relocation of a licence (other than a limited licence, a major event licence or a prescribed variation of a licence) must ensure that a notice of the application is displayed on the premises or site to which the application relates or the premises to which the licence is sought to be relocated for the period determined under section (1A). S. 34(1A) inserted by No. 57/2010 s. 12. (1A) The notice must be continuously displayed for a period of 28 days (or a shorter period determined by the Director) from the date determined by the Director. (2) The notice must be displayed in a manner that invites public attention to the application.
S. 35(6) amended by No. 59/2009 s. 21(5). (6) In this section— prescribed licence means a licence, other than a limited licence or a major event licence, of a class that is prescribed for the purposes of subsection (1). 36 Notification of particular persons s. 36 (1) The Director may direct an applicant for a licence or for a variation or relocation of a licence to give notice of the application to a specified person or to persons in a specified area personally or by post. (2) The Director may give a direction under subsection (1) only if he or she considers that the grant, variation or relocation of the licence may cause material detriment to the persons to be notified. (3) The Director may refuse to consider an application until a direction under subsection (1) is complied with. 37 Guidelines The Director must issue guidelines with respect to the requirements for the display, advertisement and notification of applications under this Division. Division 5—Objections 38 Objection on ground of amenity (1) Any person may object to the grant, variation or relocation of a licence on the ground that the grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the licensed premises or proposed licensed premises are situated.
Division 1—Inquiries 90 Application for inquiry s. 90 (1) If a person referred to in subsection (2) considers that a licensee or permittee— S. 90(1)(a) substituted by No. 92/2004 s. 22(a). (a) has contravened this Act, the regulations, the licence or BYO permit, or a condition of the licence or BYO permit; or (b) has contravened a condition of any other approval or consent of the Director under this Act; or S. 90(1)(ba) inserted by No. 88/2001 s. 6. (ba) has contravened section 118A or a regulation made under section 118B; or S. 90(1)(bb) inserted by No. 73/2007 s. 17(1). (bb) has contravened an undertaking given under section 133F; or (c) has been convicted of an offence under this Act; or S. 90(1)(d) substituted by No. 92/2004 s. 22(b). (d) has been convicted of an offence under Part 2 of the Food Act 1984 in relation to liquor supplied by him, her or it; or (e) has been convicted of an offence under the Police Regulation Act 1958 relating to bribery of a member of the police force; or (f) has been convicted, whether in or elsewhere, of an offence punishable by a maximum term of imprisonment of 3 years or more; or
(5) The Director may revoke an exemption granted under subsection (2) by notice in writing. S. 99D inserted by No. 57/2010 s. 15. 99D Matters Director must consider when exempting licensees from free drinking water requirements s. 99D 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 Director 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— (a) must keep a residents' register in a form approved by the Director; (b) must cause to be entered in the register the particulars determined by the Director 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;
(i) supply liquor; or (ii) permit or cause liquor to be supplied; or (iii) permit liquor to be consumed— on the licensed premises or on any authorised premises; (b) must not use any place or premises, other than the licensed premises or authorised premises, for the supply of liquor; S. 108(1)(c) repealed by No. 73/2007 s. 21(1)(a). * * * * * S. 108(1)(d) amended by No. 73/2007 s. 21(1)(b). (d) must not permit a person to play any unlawful game on the licensed premises or on any authorised premises. S. 108(1)(e) repealed by No. 73/2007 s. 21(1)(c). * * * * * 60 penalty units. (2) Subsection (1)(b) does not apply to— (a) a licensee of a pre-retail licence; or (b) a licensee of a vigneron's licence in respect of the supply of liquor under that licence to a person who holds a licence under this Act. (3) Despite subsection (1)(d), the game of two-up may be played— S. 108(3)(a) amended by No. 96/2003 s. 14(2).
(ii) the betting is engaged in during the holding of a race meeting within the meaning of that Act on the licensed racecourse; or (b) if— S. 115(2)(b)(i) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (i) a betting facility of the holder of the wagering licence or the wagering operator under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and S. 115(2)(b)(ii) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (ii) the betting takes place through that licence holder or wagering operator; or (c) if— S. 115(2)(c)(i) amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(b)). (i) the premises are being used by any of the Returned and Services League or are approved under section 2.3.2(1)(b) of the Gambling Regulation Act 2003; and S. 115(2)(c)(ii) amended by No. 96/2003 s. 14(3). (ii) the betting is engaged in during a game of two-up on ANZAC Day; or s. 115 (d) if— 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
contravention of this Act, the member or inspector may seize and take away the liquor or cause the liquor to be seized and taken away, together with any vessel containing it. S. 128(2) inserted by No. 92/2004 s. 8. (2) If a person from whom liquor was seized under subsection (1) is found guilty by a court of possessing the liquor in contravention of this Act, the court may order that the liquor be forfeited to the Crown or be destroyed or otherwise disposed of. S. 129 amended by Nos 92/2004 s. 23(2)(e), 108/2004 s. 117(1) (Sch. 3 item 115.1), substituted by No. 8/2009 s. 19. 129 Right of entry (1) An authorised person may enter and remain on licensed premises for the purposes of exercising his or her functions under this Act. (2) The power of entry may be exercised— (a) at any time when the premises are open to the public; or (b) at any time— (i) if the authorised person reasonably suspects that the business of supplying liquor to the public is being carried on on the premises; or (ii) with the written consent of the occupier. (3) An authorised person who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the authorised person does not show his or her identity card to the occupier. (4) Subsection (3) does not apply to an authorised person who is a member of the police force if he or she is in uniform.
(5) If an occupier consents to the entry of premises under this section, the authorised person must give the occupier a copy of the consent immediately. S. 129(6) amended by No. 59/2009 s. 30(h). (6) A person may not, under this section, enter a room in licensed premises under a general licence or a late night (general) licence which is occupied by or reserved for the private use of the licensee or permittee unless the person— s. 129 (a) has first given notice of his or her intention to the licensee or permittee or (in the absence of the licensee or permittee) to the person appearing to be in charge of the licensed premises and has given the licensee, permittee or person an opportunity to be present; or (b) has obtained the consent of the licensee, permittee or person to enter the room. S. 129(7) amended by No. 59/2009 s. 30(h). (7) A person may not, under this section, enter a room in licensed premises under a general licence or a late night (general) licence which is occupied by or set apart for the private use of a resident unless the person has obtained the consent of the resident to enter the room. (8) If, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry. S. 130 amended by No. 92/2004 s. 32, substituted by No. 8/2009 s. 19. 130 Powers of authorised persons s. 130 (1) An authorised person may do any one or more of the following— (a) require any person in possession of, or having control of, any document, equipment or other thing relating to an activity regulated by this Act to produce the document, equipment or other thing for inspection and to answer questions or provide information
S. 141(2)(eaf) inserted by No. 57/2010 s. 21(3). (eaf) section 108AE (licensee must produce approved responsible service of alcohol program register for inspection); 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)(ga) inserted by No. 9/2008 s. 7(c). (ga) section 114(2) (refusal or failure by person who is drunk, violent or quarrelsome to leave licensed premises when requested to do so); (h) section 115 (betting on licensed premises); (i) section 116 (falsely indicating premises as licensed); S. 141(2)(ia) inserted by No. 88/2001 s. 10(1). (ia) section 118A (supplying alcohol-based food essences); S. 141(2)(ib) inserted by No. 88/2001 s. 10(1). (ib) a regulation made under section 118B (prohibition of the supply of liquor);
(a) may at any time vary or revoke an Order made under section 147; and (b) must revoke an Order made under section 147 if the Director believes that the grounds for making the Order no longer exist. (2) This Division applies to the variation or revocation of an Order in the same way as it does to the making of the Order. Division 2—Banning notices S. 148B inserted by No. 73/2007 s. 5. 148B Issue of banning notice S. 148B(1) amended by No. 57/2010 s. 22. (1) A member of the police force who suspects on reasonable grounds that a person is committing or has committed a specified offence wholly or partly in a designated area may give the person a notice banning the person, for the period specified in the notice, from— (a) the designated area; or (b) all licensed premises in the designated area. S. 148B(2) amended by No. 18/2010 s. 49. (2) The period specified in the banning notice must not exceed 72 hours starting from the time the notice is given to the person to whom it applies. s. 148B S. 148B(3) amended by No. 57/2010 s. 22. (3) A member of the police force cannot give a banning notice to a person unless the member— (a) believes on reasonable grounds that the giving of the notice may be effective in preventing the person from— (i) continuing to commit the specified offence; or (ii) committing a further specified offence; and
8 Failure to leave licensed premises An offence against section 114(d) of this Act. Sch. 2 _______________ SCHEDULE 3 Section 182 Sch. 3 1 Definitions In this Schedule— commencement day means the day on which Part 11 of this Act comes into operation; Commission means the Liquor Licensing Commission established under the repealed Act; licence includes a licence within the meaning of the repealed Act; licensed premises includes licensed premises within the meaning of the repealed Act; licensee includes a licensee within the meaning of the repealed Act; permit includes a permit granted under the repealed Act; Sch. 3 cl. 1 def. of repealed Act amended by No. 23/2002 s. 197(1)(a). repealed Act means the Liquor Control Act 1987; Sch. 3 cl. 1 def. of Victorian Electoral Commission inserted by No. 23/2002 s. 197(1)(b). Victorian Electoral Commission means the Victorian Electoral Commission established under section 6 of the Electoral Act 2002.
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 mentioned in Column 2 of item 5 in the Table in clause 3 granted to a person for a purpose similar to the purpose for which a licence of a kind mentioned in Column 1 of that item was or could have been granted to that person under the repealed Act. 18 Councils may take poll of voters Sch. 3 (1) A Council in whose municipal district an electoral district or part of an electoral district referred to in clause 17 is situated may cause a poll of voters in that electoral district or part to be held to obtain the opinion of the voters on whether the provisions of clause 17 should be retained, altered or repealed in respect of that electoral district or part.