(c) any other authority or person responsible for the enforcement, investigation or prosecution of offences under this Act; or (d) a member, employee or delegate of an entity referred to in paragraph (a), (b) or (c); S. 3(1) def. of authorised person inserted by No. 8/2009 s. 4(1), substituted by No. 58/2011 s. 51(2), amended by No. 37/2014 s. 10(Sch. item 96.1(c)). authorised person means— (a) a commissioner; or (b) a gambling and liquor inspector; or (c) a police officer; 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 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;
(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; S. 3(1) def. of food court inserted by No. 92/2004 s. 9(1). food court means an area set aside on a retail premises for the consumption of food or drink by the customers of premises used for the sale of food or drink that are next to, or near, the area; S. 3(1) def. of gambling and liquor inspector inserted by No. 58/2011 s. 51(1). gambling and liquor inspector means an inspector appointed under section 40 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of guardian inserted by No. 92/2004 s. 3. guardian, in relation to a person who is under the age of 18 years, means a person who is authorised by law to manage the affairs of that young person;
(c) the commencement of a payment plan in respect of an infringement notice served on the licensee or permittee for an offence under section 108(4), 119 or 120; or (d) the successful prosecution of the licensee or permittee for an offence under section 108(4), 119 or 120; S. 3(1) def. of ordinary trading hours amended by Nos 96/2003 s. 14(1), 59/2009 s. 4(2), 71/2011 s. 4(c), 21/2014 s. 4(3). ordinary trading hours means— (a) in relation to a general licence, late night (general) licence, onpremises licence, late night (on-premises) licence or restaurant and cafe 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; 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;
31 December and 3 a.m. on 1 January; 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 permit inserted by No. 71/2011 s. 4(a). permit means a BYO permit; 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; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 96.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; premises includes a vehicle, vessel and aircraft; S. 3(1) def. of primary premises inserted by No. 71/2011 s. 4(a). primary premises, in relation to a wine and beer 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; S. 3(1) def. of Register inserted by No. 71/2011 s. 4(a). Register means the Demerits Register established under section 86A;
S. 3(1) def. of sexually explicit entertainment inserted by No. 57/2010 s. 4(4), amended by No. 57/2010 s. 30. sexually explicit entertainment means live entertainment that may be performed for an audience, by a person performing an act of an explicit sexual nature, but does not include the provision of sexual services within the meaning of section 3(1) of the Sex Work Act 1994; S. 3(1) def. of specified offence inserted by No. 73/2007 s. 4. specified offence, in relation to a banning notice or an exclusion order, means an offence specified in Schedule 2; S. 3(1) def. of spouse inserted by No. 92/2004 s. 9(1). spouse of a person means a person to whom the person is married; S. 3(1) def. of state of intoxication inserted by No. 8/2006 s. 4(2). state of intoxication has the meaning given by section 3AB(1); S. 3(1) def. of successful prosecution inserted by No. 71/2011 s. 4(a). successful prosecution means a prosecution which results in a licensee or permittee being convicted or found guilty of an offence against section 108(4), 119 or 120; S. 3(1) def. of supply amended by No. 88/2001 s. 4(b). supply includes sell, offer or expose for sale, exchange, dispose of and give away; S. 3(1) def. of TAFE institute inserted by No. 8/2009 s. 4(2). TAFE institute has the same meaning as in the Education and Training Reform Act 2006; tax officer has the same meaning as in the Taxation Administration Act 1997;
(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. 8(3) inserted by No. 71/2011 s. 7(2). (3) For the purposes of subsection (2)(ca), gratuitous supply of liquor under section 20 does not affect whether the supply of liquor only for consumption off the licensed premises is the whole of the licensee's ordinary business of supplying liquor. 9 On-premises licence (1) An on-premises licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 9(1)(a)(ii) substituted by No. 59/2009 s. 8(1), amended by No. 58/2011 s. 104(Sch. item 4.11). (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. 9(1)(a)(iii) inserted by No. 59/2009 s. 8(1), amended by Nos 8/2010 s. 5(1), 58/2011 s. 104(Sch. item 4.11). (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 the licensed premises; and S. 9(1)(b) amended by No. 92/2004 s. 12(a), substituted by No. 59/2009 s. 8(2), amended by No. 58/2011 s. 104(Sch. item 4.11). (b) to supply liquor on any other premises authorised by the Commission and specified in the licence—
S. 25(2) amended by No. 58/2011 s. 104(Sch. item 4.50). (2) In deciding whether a club licence should be full or restricted, the Commission must have regard to— (a) the number of members of the club; and (b) the standard of the facilities and services that the club provides; and (c) the number of full-time staff the club employs; and (d) the turnover (or estimated turnover) of liquor purchases at the club; and (e) the days and hours of operation of the club; and S. 25(2)(f) amended by No. 58/2011 s. 104(Sch. item 4.50). (f) any other matter that the Commission considers relevant. S. 25A inserted by No. 92/2004 s. 14, amended by No. 58/2011 s. 104(Sch. item 4.51). 25A Restriction on insertion of licence condition permitting vending machines The Commission may only specify in a licence that the licensee may sell liquor by means of a vending machine if the Commission has the approval of the Minister to do so. S. 26 amended by No. 59/2009 s. 16 (ILA s. 39B(1)). 26 Restriction on grant of limited licence S. 26(1) amended by No. 58/2011 s. 104(Sch. item 4.52). (1) The Commission may grant a limited licence only if satisfied that the scale and scope of the supply of liquor the subject of the licence is limited in nature.
S. 26(2) inserted by No. 59/2009 s. 16, amended by No. 58/2011 s. 104(Sch. item 4.52). (2) The Commission must not grant a temporary limited licence for a major event. S. 26(3) inserted by No. 59/2009 s. 16, amended by No. 58/2011 s. 104(Sch. item 4.52). (3) If an application is made for a temporary limited licence in relation to an event and the Commission determines under section 14B that the event is a major event, the Commission must notify the applicant that the Commission will consider the application as an application for a major event licence on payment of the fee specified in the notice. 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.
(c) a variation of a condition of the licence or permit (other than a condition imposed by this Act); (d) the imposition of a new condition on the licence or permit; (e) the removal of a condition of the licence or permit (other than a condition imposed by this Act). (3) An application under subsection (1) must— S. 29(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.60). (a) be in a form approved by the Commission; and (b) include the prescribed particulars; and (c) be accompanied by— (i) the prescribed information (if any); and S. 29(3)(c)(ia) inserted by No. 92/2004 s. 15(2), amended by No. 58/2011 s. 104(Sch. item 4.60). (ia) a plan or depiction of the licensed premises in a form specified by the Commission; and S. 29(3)(c)(ii) amended by No. 59/2009 s. 18(2). (ii) (except in the case of an application by the Chief Commissioner or a licensing inspector or an application for a prescribed variation of a licence or BYO permit referred to in section 33, 34 or 35) the prescribed variation fee. 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 S. 31(1) amended by No. 58/2011 s. 104(Sch. item 4.64). (1) A licensee or permittee may apply to the Commission for relocation of the licence or BYO permit from the licensed premises to other premises.
S. 35 substituted by No. 39/2002 s. 10. 35 Advertisement of licence application S. 35(1) amended by Nos 59/2009 s. 21(1), 58/2011 s. 104(Sch. item 4.70). (1) An applicant for the grant, variation or relocation of a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence must cause notice of the application to be advertised in a newspaper circulating in the area— (a) in which the premises to which the application relates are or are to be situated; or (b) to which the licensed premises are sought to be relocated— or to be advertised in the manner directed by the Commission under subsection (3)(b). S. 35(1A) inserted by No. 59/2009 s. 21(2), amended by No. 70/2013 s. 3(Sch. 1 item 26.2). (1A) Subsection (1) does not apply to a prescribed variation of a licence. S. 35(2) amended by Nos 59/2009 s. 21(3), 58/2011 s. 104(Sch. item 4.70). (2) The Commission may direct an applicant for the grant, variation or relocation of a licence to cause notice of the application to be advertised in a newspaper circulating in the area— (a) in which the premises to which the application relates are or are to be situated; or (b) to which the licensed premises are sought to be relocated— or to be advertised in the manner directed by the Commission under subsection (3)(b).
S. 35(2A) inserted by No. 59/2009 s. 21(4). (2A) Subsection (2) applies to a prescribed variation of a packaged liquor licence, late night (packaged liquor) licence or prescribed licence but does not otherwise apply to a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence. S. 35(3) amended by No. 58/2011 s. 104(Sch. item 4.70). (3) The Commission may— (a) specify the newspaper in which notice of an application, or of applications of a specified class, is or are to be advertised; S. 35(3)(b) amended by No. 58/2011 s. 104(Sch. item 4.70). (b) direct that an application, or applications of a specified class, is or are to be advertised in another manner specified by the Commission. S. 35(4) amended by No. 58/2011 s. 104(Sch. item 4.70). (4) A notice referred to in subsection (1) or (2) must comply with any requirements specified by the Commission as to size and the information contained in it. S. 35(5) amended by No. 58/2011 s. 104(Sch. item 4.70). (5) The Commission must refuse to consider an application until the applicant has complied with subsection (1) or (2), as the case requires. 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) amended by No. 58/2011 s. 104(Sch. item 4.71). (1) The Commission 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.
S. 36(2) amended by No. 58/2011 s. 104(Sch. item 4.72). (2) The Commission may give a direction under subsection (1) only if the Commission considers that the grant, variation or relocation of the licence may cause material detriment to the persons to be notified. S. 36(3) amended by No. 58/2011 s. 104(Sch. item 4.73). (3) The Commission may refuse to consider an application until a direction under subsection (1) is complied with. S. 37 amended by No. 58/2011 s. 104(Sch. item 4.74). 37 Guidelines The Commission 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. S. 38(1A) inserted by No. 39/2002 s. 11(1), amended by No. 59/2009 s. 22. (1A) In addition to the ground referred to in subsection (1), any person may object to the grant, variation or relocation of a packaged liquor licence or late night (packaged liquor) licence 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. 38(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.75). (a) be made to the Commission in writing within 30 days after the day on which notice of the application for the grant, variation or
(3) An objection must— S. 41(3)(a) substituted by No. 39/2002 s. 11(3), amended by No. 58/2011 s. 104(Sch. item 4.78). (a) be made to the Commission in writing within 30 days after— (i) in the case of an objection to the grant, variation or relocation of a licence—the day on which notice of the application was first displayed under section 34(1); or (ii) in the case of an objection to the transfer of a licence—the day on which the application was made; and (b) state the grounds of, and the reasons for, the objection. (4) None of the following is a valid reason for an objection under this section— (a) that the business carried on under the licence would or would not be successful; (b) that the business of another licensee or permittee may be adversely affected by the grant, variation or relocation; (c) that there is insufficient need or demand to justify the grant, variation or relocation. 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.
(a) been convicted, whether in Victoria or elsewhere, of an offence of supplying liquor without a licence or of supplying adulterated liquor or of an offence against any law relating to customs or excise; or (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.
S. 60(3) amended by No. 58/2011 s. 104(Sch. item 4.113). (3) The Commission must renew a licence or permit on application made in accordance with subsection (2). (4) A licence or permit that is renewed in accordance with this section— S. 60(4)(a) amended by No. 59/2009 s. 30(e). (a) in the case of a renewable limited licence or a restricted club licence, takes effect on the day, and for the period, specified in the licence; (b) in any other case— (i) takes effect on the day on which it is renewed; and (ii) remains in force, subject to section 59, until the end of the calendar year in which it is renewed. 61 Notice of to renew licence or BYO permit S. 61(1) amended by No. 58/2011 s. 104(Sch. item 4.114). (1) If a licensee or permittee fails to apply for renewal of the licence or BYO permit by 30 June next following the day on which the licence or permit ceased to be in force, the Commission must give notice of the failure to the owner or mortgagee of the licensed premises or to any other person who, to the Commission's knowledge, may be prejudicially affected by the failure. S. 61(2) amended by No. 59/2009 s. 30(e). (2) Subsection (1) does not apply to the failure to renew a renewable limited licence. 62 Power to owner and others to renew licence S. 62(1) amended by No. 58/2011 s. 104(Sch. item 4.115). (1) If a licensee or permittee has failed to renew the licence or BYO permit by 30 June next following the day on which the licence or permit ceased to be in force—
(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.
77 Requirements for an application to which this Division applies S. 77(1) amended by No. 58/2011 s. 104(Sch. item 4.127). (1) An application to which this Division applies must be accompanied by copies of plans of the premises to which the application relates showing to the satisfaction of the Commission the area or proposed area of the licensed premises. S. 77(2) amended by No. 58/2011 s. 104(Sch. item 4.127). (2) The Commission must give a copy of each application to which this Division applies to the Chief Commissioner. (3) The following provisions of this Act do not apply to an application to which this Division applies— (a) section 28(1)(c)(i) (information to accompany application); (b) sections 33, 34, 35 and 36 (notification, display and advertisement requirements); (c) Division 5 of Part 2 (objections); (d) sections 44, 45, 46 and 47 (determination of applications). 78 Objection by Chief Commissioner (1) The Chief Commissioner may object to the grant of an application to which this Division applies on any grounds he or she thinks fit. (2) An objection must— S. 78(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.128), substituted by No. 23/2012 s. 6(1). (a) be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner under section 77(2); and (b) state the grounds of, and the reasons for, the objection.
S. 82(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.132). (a) be in the form, and contain the particulars, approved by the Commission; and (b) be accompanied by the prescribed fee. S. 82(2) amended by No. 58/2011 s. 104(Sch. item 4.132). (2) The Commission must give a copy of each application under section 80 or 81 to the Chief Commissioner. 83 Objection by Chief Commissioner (1) The Chief Commissioner may object to the grant of an application under section 80 or 81 on the ground that the applicant or agent is not a suitable person to carry on business under the licence or BYO permit. (2) An objection must— S. 83(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.133). (a) be made to the Commission in writing within 21 days after the day on which a copy of the application was given to the Chief Commissioner under section 82(2); and (b) state the reasons for the objection. 84 Grant of application S. 84(1) amended by No. 58/2011 s. 104(Sch. item 4.134). (1) After the end of the period specified in section 83(2)(a) (or that period as extended under section 174), the Commission must grant the application if satisfied— (a) that it was made in accordance with this Part; and (b) that the applicant or agent is a suitable person to carry on business under the licence or BYO permit. S. 84(2) amended by No. 58/2011 s. 104(Sch. item 4.135). (2) In making its decision, the Commission must consider any objection made under section 83.
S. 103A(1) repealed by No. 8/2009 s. 15(2)(a). * * * * * S. 103A(2) amended by Nos 8/2009 s. 15(2)(b), 58/2011 s. 104(Sch. item 4.154). (2) A licensee or permittee must, within 14 days after the occurrence of either of the following events, notify the Commission in writing of the event— (a) that a person has ceased to be his, her or its associate; or (b) that a person has become his, her or its associate. 5 penalty units. Note to s. 103A(2) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. 104 Approval of directors S. 104(1) amended by No. 58/2011 s. 104(Sch. item 4.155). (1) A licensee or permittee that is a body corporate may apply to the Commission for the approval of a person to be a director of the licensee or permittee. S. 104(1A) inserted by No. 92/2004 s. 18(1)(5). (1A) An application under this section must be accompanied by the fee specified in the regulations for the purposes of this section. S. 104(2) amended by No. 58/2011 s. 104(Sch. item 4.156). (2) The Commission must give a copy of an application under this section to the Chief Commissioner.
(2) Subject to subsection (1), a barring order has effect from the date and time the order is served and remains in force until the date and time of expiry as set out in the order, unless earlier revoked. (3) For the purposes of determining whether a person has previously been barred, regard may only be had to barring orders that have been issued within the previous 3 years. S. 106H inserted by No. 12/2011 s. 4. 106H Requirement to give name and address S. 106H(1) amended by No. 37/2014 s. 10(Sch. item 96.7(a)). (1) A police officer who intends to serve a barring order on a person may request the person to state the person's name and address. S. 106H(2) amended by No. 37/2014 s. 10(Sch. item 96.7(b)). (2) A police officer who makes a request under subsection (1) must inform the person of the police officer's intention to serve a barring order on the person. S. 106H(3) amended by No. 37/2014 s. 10(Sch. item 96.7(c)). (3) A person must not, in response to a request made by a police officer in accordance with this section— (a) refuse or fail to comply with the request without a reasonable excuse for not doing so; or (b) state a name or address that is false in a material particular. Penalty: 5 penalty units. S. 106H(4) amended by No. 37/2014 s. 10(Sch. item 96.7(d)). (4) A person who is requested to state his or her name or address may request the police officer who made the request to state, orally or in writing, the police officer's name, rank and place of duty.
(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. Note to s. 108(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (2) Subsection (1)(b) does not apply to— (a) a licensee of a pre-retail licence; or S. 108(2)(b) amended by No. 71/2011 s. 19. (b) a licensee of a wine and beer producer'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). (a) on ANZAC Day on any premises being used by any sub-branch of the Returned and Services League; and S. 108(3)(b) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(a)). (b) on ANZAC Day on any premises approved under section 2.3.2(1)(b) of the Gambling Regulation Act 2003; and
S. 108AA(3) amended by No. 12/2011 s. 5. (3) If the licensee is a body corporate, the licensee must ensure that the responsible person completes an approved responsible service of alcohol program within 3 years from the date on which the person last completed an approved responsible service of alcohol program. 60 penalty units. Note to s. 108AA(3) inserted by No. 13/2013 s. 29(6). Note Section 53B applies to an offence against this subsection. S. 108AB inserted by No. 57/2010 s. 19. 108AB Licensee must ensure staff complete approved responsible service of alcohol programs (1) This section applies to a general licence, onpremises licence, packaged liquor licence or late night licence. (2) The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee— (a) has completed an approved responsible service of alcohol program within the period of 3 years prior to the date on which that person first sells, offers for sale or serves liquor on the licensed premises; or (b) completes an approved responsible service of alcohol program within one month after the date on which that person first sells, offers for sale or serves liquor on the licensed premises. 60 penalty units. Note to s. 108AB(2) inserted by No. 13/2013 s. 29(6). Note Section 53B applies to an offence against this subsection.
S. 108AC inserted by No. 57/2010 s. 19. 108AC Licensee must ensure staff complete refresher approved responsible service of alcohol programs (1) This section applies to a general licence, onpremises licence, packaged liquor licence or late night licence. (2) The licensee must ensure that any person who sells, offers for sale or serves liquor on the licensed premises of the licensee completes an approved responsible service of alcohol program within 3 years from the date on which that person last completed an approved responsible service of alcohol program. 60 penalty units. Note to s. 108AC(2) inserted by No. 13/2013 s. 29(6). Note Section 53B applies to an offence against this subsection. S. 108AD inserted by No. 57/2010 s. 19. 108AD Licensee must keep approved responsible service of alcohol register (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. (2) The licensee must establish and maintain an approved responsible service of alcohol program register in accordance with subsection (3). 5 penalty units. Note to s. 108AD(2) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (3) An approved responsible service of alcohol program register must—
(2) Subsection (1) does not apply— (a) to the receipt, possession or consumption of liquor by a person under the age of 18 years as part of a meal if the person 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; or (b) to the purchase, receipt, possession or consumption of liquor by the spouse or a member of the family of a licensee or permittee; 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
(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)(dl) inserted by No. 12/2011 s. 8(2). (dl) section 106K(5) (failure to destroy records of barring orders); (e) section 108 (certain offences by licensee or permittee); S. 141(2)(ea) inserted by No. 92/2004 s. 36(d), repealed by No. 12/2011 s. 12. * * * * * S. 141(2)(eab) inserted by No. 57/2010 s. 21(3), amended by No. 12/2011 s. 8(3). (eab) section 108AA (licensee, or the responsible person, must complete refresher approved responsible service of alcohol programs); S. 141(2)(eac) inserted by No. 57/2010 s. 21(3). (eac) section 108AB (licensee must ensure staff complete approved responsible service of alcohol programs); 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). (eae) section 108AD (licensee must keep approved responsible service of alcohol register); 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); S. 141(2)(gb) inserted by No. 12/2011 s. 8(4). (gb) section 114(3) (remaining in the vicinity of licensed premises after being refused entry or requested to leave); S. 141(2)(gc) inserted by No. 12/2011 s. 8(4). (gc) section 114(4) (entering licensed premises within 24 hours of being refused entry or being requested to leave); (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); (j) Division 2 of Part 8 (offences in relation to underage drinking);
Chief Officer means— (a) in relation to licensed premises in the metropolitan district (within the meaning of the Metropolitan Fire Brigades Act 1958) the Chief Officer of the Metropolitan Fire and Emergency Services Board appointed under the Metropolitan Fire Brigades Act 1958; or (b) in relation to any other premises, the Chief Officer of the Country Fire Authority appointed under the Country Fire Authority Act 1958; closure and evacuation notice means a notice issued under section 148ZD; emergency has the same meaning as in the Metropolitan Fire Brigades Act 1958; fire safety inspector means the Chief Officer or a person appointed under section 148T; municipal building surveyor has the same meaning as in the Building Act 1993; premises searched means that part of a premises that a fire safety inspector may enter and search under section 148W(1); serious fire threat means, in relation to a licensed premises, a serious threat that exists or could arise to the health or safety of any person in, or in close proximity to the premises in relation to fire or an emergency. Division 2—Power of Entry and Inspection S. 148T inserted by No. 64/2010 s. 7. 148T Appointment of fire safety inspector The Chief Officer may, by instrument, appoint as a fire safety inspector any person—
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. 148ZE(1) amended by Nos 58/2011 s. 104(Sch. item 4.216), 71/2011 s. 26. (1) On the Commission issuing a closure and evacuation notice, the fire safety inspector on whose advice the notice was issued must sign a copy of the notice that complies with section 148ZG and serve the copy of the notice on the licensee, permittee or person who appears to be a responsible person. (2) A closure and evacuation notice comes into effect when the copy of the notice is served under subsection (1). S. 148ZF inserted by No. 64/2010 s. 7. 148ZF Issue and service of subsequent notice S. 148ZF(1) amended by No. 58/2011 s. 104(Sch. item 4.217). (1) The Commission on receipt of the advice of a fire safety inspector may issue a subsequent notice in relation to work that must be completed to rectify the fire safety threat contained in a notice issued under section 148ZD. S. 148ZF(2) amended by No. 58/2011 s. 104(Sch. item 4.217). (2) The Commission must record in writing the issuing of a subsequent notice under subsection (1).
S. 148ZP(1) amended by No. 58/2011 s. 104(Sch. item 4.223). (1) If the fire safety inspector advises the Commission that the work required to rectify the serious fire threat has been satisfactorily completed, the Commission must revoke the closure and evacuation notice and any subsequent notice. S. 148ZP(2) amended by Nos 58/2011 s. 104(Sch. item 4.223), 71/2011 s. 28. (2) If the Commission revokes the closure and evacuation notice and any subsequent notice under subsection (1) the fire safety inspector must sign a document that records the revocation of the notice and any subsequent notice and serve the document on the licensee, permittee or a person who appears to be a responsible person. (3) The revocation of the closure and evacuation notice and any subsequent notice comes into effect on the service of the document under subsection (2). (4) A document under subsection (2) must be in the prescribed form. S. 148ZP(5) amended by No. 58/2011 s. 104(Sch. item 4.223). (5) The Commission must record in writing a decision to revoke a closure and evacuation notice and any subsequent notice. S. 148ZQ inserted by No. 64/2010 s. 7. 148ZQ Giving advice or a decision in writing or orally S. 148ZQ(1) amended by No. 58/2011 s. 104(Sch. item 4.224). (1) A fire safety inspector may give advice under section 148ZC, 148ZF or 148ZO to the Commission in writing or orally. S. 148ZQ(2) amended by No. 58/2011 s. 104(Sch. item 4.224). (2) The Commission may advise a fire safety inspector of an instruction or decision under section 148ZD, 148ZF or 148ZP in writing or orally.
S. 148ZT(1) amended by No. 58/2011 s. 104(Sch. item 4.229). (1) If the Commission issues a closure and evacuation notice for a licensed premises the Commission must disclose the following information to the municipal building surveyor of the Council within the municipal district of which the premises is situated within 5 working days of the issue of the notice— (a) the fact that a notice has been issued; and (b) the name of the licensee or permittee to whom notice has been issued; and (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.
Sch. 3 Pt 1 (Heading) inserted by No. 71/2011 s. 31(1). PART 1—GENERAL PROVISIONS 1 Definitions In this Schedule— commencement day means the day on which Part 11 of this Act comes into operation; Commission means the Liquor Licensing Commission established under the repealed Act; licence includes a licence within the meaning of the repealed Act; licensed premises includes licensed premises within the meaning of the repealed Act; licensee includes a licensee within the meaning of the repealed Act; permit includes a permit granted under the repealed Act; 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. 2 Liquor Licensing Commission (1) On the commencement day—
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. Sch. 3 cl. 17(4) inserted by No. 23/2012 s. 6(5). (4) In this clause, VCGLR has the same meaning as Commission has in section 3(1). 18 Councils may take poll of voters (1) A Council in whose municipal district an electoral district or part of an electoral district referred to in clause 17 is situated may cause a poll of voters in that electoral district or part to be held to obtain the opinion of the voters on whether the provisions of clause 17 should be retained, altered or repealed in respect of that electoral district or part.
Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 26) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: Ss 86, 87 on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 61) on 11.10.06: s. 2(1) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Gambling Legislation Amendment (Problem Gambling and Other Measures) Act 2007, No. 72/2007 Assent Date: 18.12.07 Commencement Date: S. 62 on 1.12.08: s. 2(3) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Liquor Control Reform Amendment Act 2007, No. 73/2007 Assent Date: 18.12.07 Commencement Date: Ss 4–10, 12, 14, 15, 17(2), 18, 24–26 on 19.12.07: Special Gazette (No. 342) 18.12.07 p. 1; s. 13 on 7.2.08: Government Gazette 7.2.08 p. 236; ss 11, 16, 17(1), 19–23 on 22.5.08: Special Gazette (No. 134) 21.5.08 p. 1 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Motor Car Traders Amendment Act 2008, No. 4/2008 Assent Date: 4.3.08 Commencement Date: S. 32(Sch. item 18) on 1.12.08: s. 2(2) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Infringements and Other Acts Amendment Act 2008, No. 9/2008