(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 of authorised member of the police force repealed by No. 57/2010 s. 4(3)(a).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), substituted by No. 58/2011 s. 51(2). authorised person means— (a) a commissioner; or (b) a gambling and liquor 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 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). 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, 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; Chief Commissioner means Chief Commissioner of Police appointed under the Police Regulation Act 1958;
S. 3(1) def. of Commission inserted by No. 58/2011 s. 51(1). Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of inserted by No. 58/2011 s. 51(1). commissioner means a member of the Commission appointed under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of compliance inspector inserted by No. 8/2009 s. 4(1), repealed by No. 58/2011 s. 51(4). * * * * * 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 objections are received under Division 5 of Part 2 within the period set out in that Division for those objections (or that period as extended under section 174); or (b) an application under section 30 for the variation of a licence or BYO permit in respect of which an objection is received under section 30(b) within the period set out in that section for that objection (or that period as extended under section 174); S. 3(1) def. of convenience store inserted by No. 92/2004 s. 9(1). convenience store means a premises of not more than 240 square metres on which food, drinks and other convenience goods are sold; s. 3
is supplied to the customer at the fridge because that is where it was appropriated to the customer's order. 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.
(b) the liquor supplied is in sealed containers, bottles or cans for consumption off the business premises; and (c) the liquor supplied is a type of liquor prescribed by the regulations; and (d) not more than 1·5 litres of liquor is supplied to each recipient in any one day. (2) An exemption under subsection (1) does not take effect unless— S. 6D(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.8). (a) the proprietor of the business first notifies the Commission in the form and manner approved by the Commission that— (i) the business claims an exemption under this section; and (ii) the business will comply with the conditions set out in subsection (1); and S. 6D(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.8). (b) the Commission acknowledges receipt of that notification by notice in writing. S. 6D(3) amended by No. 58/2011 s. 104(Sch. item 4.8). (3) The Commission must acknowledge receipt within 14 days of receiving a notification under subsection (2). Notes s. 6D 1 It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale. 2 It is an offence under section 118 to make a statement that is false or misleading in relation to a notice under this Act. _______________ BYO Division 1—Categories of licences and permits
two years preceding the year in respect of which the renewal fee is payable to 30 September in the year preceding the year in respect of which the renewal fee is payable; successful prosecution means a prosecution which results in a licensee or permittee being convicted or found guilty of an offence under sections 108(4), 119 or 120. 16 Licence and permit condition—compliance with planning scheme (1) Subject to subsection (2), it is a condition of every licence and BYO permit that the use of the licensed premises does not contravene the planning scheme that applies to the licensed premises under the Planning and Environment Act 1987. s. 16 S. 16(2) amended by No. 59/2009 s. 30(b). (2) Subsection (1) does not apply to a pre-retail licence, a limited licence or a major event licence. 17 Licence condition—extended hours (1) Subject to subsection (2), it is a condition of every licence that authorises the supply of liquor outside ordinary trading hours that the licensee does not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of the premises to which the licence relates during or immediately after the hours outside ordinary trading hours to which it relates. (2) Subsection (1) does not apply to— (a) a general licence that authorises the supply of liquor outside ordinary trading hours only as set out in section 8(1)(b) or (c); or
S. 17(2)(ab) inserted by No. 59/2009 s. 30(c). (ab) a late night (general) licence that authorises the supply of liquor outside ordinary trading hours only as set out in section 11A(2)(b) or 11A(2)(c); or (b) a pre-retail licence; or (c) a vigneron's licence that authorises the supply of liquor outside ordinary trading hours only as set out in section 13(1)(b); or S. 17(2)(d) substituted by No. 59/2009 s. 14. (d) a limited licence other than a limited licence that authorises late night trading hours; or S. 17(2)(e) inserted by No. 59/2009 s. 14. (e) a major event licence other than a major event licence that authorises late night trading hours. 18 Licence and permit condition—approval of directors s. 18 S. 18(1) amended by No. 58/2011 s. 104(Sch. item 4.46). (1) Subject to subsection (2), it is a condition of every licence or BYO permit held by a body corporate that a person must not be appointed as, or otherwise become, a director of the body corporate without the approval of the Commission. (2) Subsection (1) does not apply to— (a) a licence or BYO permit held by— (i) a Council; or S. 18(2)(a)(ii) substituted by Nos 24/2006 s. 6.1.2(Sch. 7 item 26), 8/2009 s. 7. (ii) a university or a TAFE institute; or S. 18(2)(a)(iii) repealed by No. 24/2006 s. 6.1.2(Sch. 7 item 26). * * * * * (b) a club licence.
(2) If this section applies, the licence authorises a person of or over the age of 18 years, with the consent of the licensee, to— (a) bring liquor onto, or possess or control liquor on, the premises for consumption with a meal purchased on those premises; and (b) consume that liquor with that meal; and (c) take away from the premises any container brought onto the premises by him or her containing any such liquor that was not consumed with that meal. Division 3—Restrictions on grant of licences and BYO permits 22 Certain premises not to be licensed s. 22 S. 22(1) amended by No. 58/2011 s. 104(Sch. item 4.48). (1) The Commission must not grant a licence or BYO permit in respect of— (a) premises used primarily as a drive-in cinema; or (b) premises used primarily as a petrol station; or S. 22(1)(c) amended by No. 58/2011 s. 104(Sch. item 4.48). (c) premises that, in the opinion of the Commission, are used primarily as a milk bar, convenience store or mixed business; or S. 22(1)(ca) inserted by No. 92/2004 s. 5, amended by No. 58/2011 s. 104(Sch. item 4.48). (ca) premises that, in the opinion of the Commission, are intended by the occupier of the premises to be primarily used by people under the age of 18 years; or (d) premises in a class of premises prescribed for the purposes of this section.
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 s. 25A 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
(b) include the prescribed particulars; and (c) be accompanied by— (i) the prescribed information (if any); and S. 28(1)(c)(ia) inserted by No. 92/2004 s. 15(1)(b), amended by No. 58/2011 s. 104(Sch. item 4.57). (ia) a plan or depiction of the premises in respect of which the licence or BYO permit is sought in a form specified by the Commission; and (ii) the prescribed fee for the licence or permit. S. 28(2) amended by No. 58/2011 s. 104(Sch. item 4.58). (2) If a change occurs in the particulars or information included in or with an application, the applicant must notify the Commission of the change within 14 days. S. 28(3) amended by No. 58/2011 s. 104(Sch. item 4.59). (3) If the Commission requests an applicant to give any other information, the applicant must comply with the request. S. 28(4) inserted by No. 8/2009 s. 9(2). (4) Subsection (1)(aa)(ii) does not apply to an application by a Council, a university or a TAFE institute. 29 Application for variation of licence or BYO permit s. 29 S. 29(1) amended by No. 58/2011 s. 104(Sch. item 4.60). (1) An application to the Commission for the variation of a licence or BYO permit may be made by— (a) the licensee or permittee; or (b) the Chief Commissioner or a licensing inspector; or (c) the persons referred to in section 32(1)(a) or (b) in connection with an application for the transfer of the licence or permit.
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 s. 30 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. 33(3) amended by Nos 59/2009 s. 19, 58/2011 s. 104(Sch. item 4.68). (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 Commission may give a copy of such an application to the Chief Commissioner or the relevant Council if the Commission 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, amended by No. 58/2011 s. 104(Sch. item 4.69). (1A) The notice must be continuously displayed for a period of 28 days (or a shorter period determined by the Commission) from the date determined by the Commission. (2) The notice must be displayed in a manner that invites public attention to the application. S. 34(3) amended by No. 58/2011 s. 104(Sch. item 4.69). (3) The Commission may require that the size and format of the notice comply with requirements specified by the Commission. (4) If it is not practicable to display the notice on the premises or site, it is sufficient compliance with subsection (1) if the notice is conspicuously displayed in accordance with subsection (2) on any adjoining premises.
S. 34(5) amended by No. 58/2011 s. 104(Sch. item 4.69). (5) An applicant is deemed to have complied with subsections (1), (3) and (4) if the Commission is satisfied— (a) that the applicant took all reasonable steps to ensure that the notice was continuously and conspicuously displayed as required under those subsections; and (b) that any failure to keep the notice so displayed was not the fault of the applicant. s. 34 (6) A notice under this section must contain— (a) the name of the applicant; and (b) the address of the premises to which the application relates or to which the licensed premises are sought to be relocated; and (c) the type of licence to which the application relates; and (d) if the application is for a variation of the times during which the licence authorises the supply of liquor, the times sought in the application; and (e) any conditions sought in relation to the grant, variation or relocation of the licence; and S. 34(6)(f) amended by No. 58/2011 s. 104(Sch. item 4.69). (f) any other information required by the Commission. S. 34(7) amended by Nos 59/2009 s. 20(2), 58/2011 s. 104(Sch. item 4.69). (7) The Commission may require an applicant for the grant, variation or relocation of a limited licence or a major event licence or a prescribed variation of a licence to display the application in accordance with this section. S. 34(8) inserted by No. 92/2004 s. 17. (8) This section does not apply in respect of an application made under section 29(1)(b) for the variation of a licence.
(iii) it is in the interests of justice to conduct the inquiry in private; and (b) the Commission may grant or refuse a contested application without hearing from a person who has notice of the inquiry if the person is not present or represented at the time and place appointed for the inquiry; and (c) the Commission may consider evidence of anything said or done at the inquiry in any internal review of that decision. S. 47(3B) inserted by No. 58/2011 s. 54(4). (3B) A person who has a right to be heard by the Commission may— s. 47 (a) appear and be heard in person; or (b) be represented by any other person. S. 47(3C) inserted by No. 58/2011 s. 54(4). (3C) The Commission must advise the applicant and each objector of the decision made in respect of the contested application within 28 days after that decision has been made. S. 47(3D) inserted by No. 58/2011 s. 54(4). (3D) The Commission must give a statement of reasons for the decision to the applicant and each objector in respect of the contested application as soon as practicable after the decision is made. S. 47(4) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5). (4) If the Commission refuses to grant a contested application for a late night (general) licence, the Commission may grant a general licence instead. S. 47(5) inserted by No. 59/2009 s. 25, amended by No. 58/2011 s. 54(5). (5) If the Commission refuses to grant a contested application for a late night (on-premises) licence, the Commission may grant an onpremises licence or a restaurant and cafe licence instead.
to the satisfaction of the Commission the area or proposed area of the licensed premises. (2) 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). S. 74 amended by No. 58/2011 s. 104(Sch. item 4.126). 74 Grant of application s. 74 If the Commission is satisfied that a casino operator has made an application to which this Division applies in accordance with this Act, the Commission must grant the application. Division 3—Australian Grand Prix 75 Definitions In this Division— declared area and race period in respect of a year, have the same respective meanings as in the Australian Grands Prix Act 1994; Corporation means the Australian Grand Prix Corporation established under that Act. 76 Application of Division This Division applies to an application by the Corporation or a person with the consent of the Corporation for the grant of a limited licence for the whole or any part of the race period for a year in respect of premises within the declared area in respect of that year.
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— 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 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
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 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 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;
Pt 7A (Heading and ss inserted by No. 12/2011 s. 4. S. 106C inserted by No. 12/2011 s. 4. 106C Definitions s. 106C For the purposes of this Part, a reference to licensed premises includes any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee. S. 106D inserted by No. 12/2011 s. 4. 106D Barring orders A licensee, permittee, responsible person or member of the police force may, by order served on a person, bar the person from entering or remaining on licensed premises for a specified period if— (a) the person is drunk, violent or quarrelsome in the licensed premises; or (b) the licensee, permittee, responsible person or member of the police force reasonably believes that the safety of the person, or any other person in the licensed premises, is at substantial or immediate risk as a result of the consumption of alcohol by the person. S. 106E inserted by No. 12/2011 s. 4. 106E Police must produce proof of identity A member of the police force must produce proof of his or her identity and official status before serving a barring order on a person, unless the member is in uniform. S. 106F inserted by No. 12/2011 s. 4. 106F Content of barring order A barring order must be in the prescribed form.
25 penalty units. 112 Keeping liquor in unlicensed club (1) If liquor is kept for supply or consumption in premises occupied by a club in respect of which a licence is not in force, each director or member of the committee of management of the club is guilty of an offence. 25 penalty units. (2) It is a defence to a prosecution under subsection (1) for the defendant to prove that the liquor was kept in the club without their knowledge or contrary to their orders. 113 Consuming or having liquor on unlicensed premises S. 113(1) substituted by No. 9/2008 s. 5(1). s. 112 (1) A person must not consume or supply liquor on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises. 50 penalty units. S. 113(1A) inserted by No. 9/2008 s. 5(1). (1A) A person must not have in possession or under control any liquor other than liquor in a sealed container on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises. 50 penalty units. S. 113(1B) inserted by No. 9/2008 s. 5(1). (1B) A person must not permit or allow any liquor to be consumed or supplied on any premises to which this section applies unless a licence or BYO permit is in force in respect of those premises. 50 penalty units.
(2) An infringement notice may be served in respect of an offence against— S. 141(2)(a) substituted by No. 92/2004 s. 36(a). (a) section 98 (owners and mortgagees of licensed premises); S. 141(2)(aa) inserted by No. 92/2004 s. 36(a). (aa) section 99 (refreshments to be available); S. 141(2)(aab) inserted by No. 57/2010 s. 21(1). (aab) section 99A (free drinking water to be provided); S. 141(2)(ab) inserted by No. 92/2004 s. 36(a). s. 141 (ab) section 100 (except paragraph (d)) (residents' register); (b) section 101 (failure to display licence or permit on licensed premises); S. 141(2)(ba) inserted by No. 92/2004 s. 36(b), amended by No. 8/2009 s. 21(2)(b). (ba) section 101B(2) (failure to produce plan of premises on request); (c) section 102 (failure to display notice on licensed premises or to comply with requirements for display); (d) section 103 (failure to notify change of director or obtain approval for new director); S. 141(2)(daa) inserted by No. 32/2006 s. 86(1)(a), amended by No. 58/2011 s. 104(Sch. item 4.205(a)). (daa) section 103A(2) (failure to notify the Commission in writing within 14 days of a person ceasing to be an associate of a licensee or permittee or a person becoming an associate of a licensee or permittee);
S. 141(2)(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). s. 141 (gb) section 114(3) (remaining in the vicinity of licensed premises after being refused entry or requested to leave);
S. 141(2)(n) inserted by No. 73/2007 s. 6(b). (n) section 148J(1) or (2) (contravening exclusion order or failing to comply with police directions). Ss 142, 143 repealed by No. 32/2006 s. 87(3). * * * * * S. 144 amended by Nos 88/2001 s. 10(2)(a)(b), 32/2006 s. 86(2) (ILA s. 39B(1)). 144 Infringement penalties (1) The infringement penalty for an offence against a provision of this Act or a regulation is one-tenth of the maximum penalty fixed by that provision or regulation for that offence. S. 144(2) inserted by No. 32/2006 s. 86(2). (2) Despite subsection (1), the infringement penalty for an offence against section 103A(2) is 1 penalty unit. S. 144(3) inserted by No. 9/2008 s. 8(2). (3) Despite subsection (1), the infringement penalty for an offence against section 113(1), (1A), (1B) or (1C) is 2 penalty units. S. 144(4) inserted by No. 88/2009 s. 8(1). (4) Despite subsection (1), the infringement penalty for an offence against section 113A(1) is 2 penalty units. S. 144(5) inserted by No. 18/2010 s. 48. (5) Despite subsection (1), the infringement penalty for an offence against section 114(2) is 4 penalty units. S. 145 repealed by No. 32/2006 s. 87(3). * * * * * S. 146 substituted by No. 32/2006 s. 87(4). 146 Effect of expiation s. 144 Nothing in Division 5 of Part 2 of the Infringements Act 2006 affects or takes away from section 90(1)(h).
Pt 8A (Heading and ss 147–148R) inserted by No. 73/2007 s. 5. Division 1—Designated areas New s. 147 inserted by No. 73/2007 s. 5. 147 Order declaring designated area S. 147(1) amended by No. 58/2011 s. 104(Sch. item 4.208). (1) The Commission, by Order published in the Government Gazette, may declare an area to be a designated area for the purposes of this Part if the Commission believes that— (a) alcohol-related violence or disorder has occurred in a public place that is in the immediate vicinity of licensed premises within the area; and (b) the exercise of powers under Division 2 or 3 of this Part in relation to the area is reasonably likely to be an effective means of reducing or preventing the occurrence of alcohol-related violence or disorder in the area. S. 147(2) amended by No. 58/2011 s. 104(Sch. item 4.208). (2) Before making an Order, the Commission must consult the Chief Commissioner. s. 147 (3) A reference in this section to the immediate vicinity of licensed premises means a place that is within 100 metres of the licensed premises. (4) In this section— public place has the same meaning as in the Summary Offences Act 1966.
situated, and the fire safety inspector believes on reasonable grounds that there is a serious fire threat in relation to the licensed premises or premises in close proximity to the licensed premises, he or she may carry out a search of the premises under section 148W. (2) Before conducting a search in circumstances where subsection (1) applies, the fire safety inspector must advise the licensee or permittee or person who appears to have management or control of the licensed premises that he or she is going to conduct the search. S 148Y inserted by No. 64/2010 s. 7. 148Y Requirement to assist the fire safety inspector during search of certain premises s. 148Y A fire safety inspector in the course of carrying out a search under this Part may to the extent that it is reasonably necessary to determine a serious fire threat in relation to the licensed premises require the licensee or permittee or person who appears to have management or control of the licensed premises— (a) to give information to the fire safety inspector orally or in writing; or (b) to produce documents to the fire safety inspector; or (c) to give reasonable assistance to the fire safety inspector in the exercise of the power. S 148Z inserted by No. 64/2010 s. 7. 148Z Refusal or failure to comply with requirement A person must not, without reasonable excuse, refuse or fail to comply with a requirement of a fire safety inspector under section 148Y. Penalty: 60 penalty units.
S. 148ZD(1) amended by No. 58/2011 s. 104(Sch. item 4.213). (1) The Commission on receipt of the advice of a fire safety inspector under section 148ZC(1) must, if satisfied that the requirements of this Part have been met, issue a notice— (a) requiring the licensed premises to be closed; and (b) requiring the licensed premises to be evacuated. S. 148ZD(2) amended by No. 58/2011 s. 104(Sch. item 4.214). (2) If the Commission on receipt of the advice of a fire safety inspector under section 148ZC(1) is not satisfied that the requirements of this Part have been met, the Commission may— (a) instruct the fire safety inspector to satisfy any requirement of this Part; or (b) instruct the fire safety inspector to leave the premises searched without taking further action. S. 148ZD(3) amended by No. 58/2011 s. 104(Sch. item 4.215). (3) The Commission must record in writing any instruction given to a fire safety inspector under subsection (2) and the issuing of a notice under subsection (1). S 148ZE inserted by No. 64/2010 s. 7. 148ZE Service of closure and evacuation notice s. 148ZE S. 148ZE(1) amended by No. 58/2011 s. 104(Sch. item 4.216). (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 have management or control of the licensed premises. (2) A closure and evacuation notice comes into effect when the copy of the notice is served under subsection (1).
who appears to have management or control of the licensed premises. (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 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. 148ZQ(3) amended by No. 58/2011 s. 104(Sch. item 4.224). (3) If a fire safety inspector signs and serves a document under this Part after receiving oral advice as to an instruction or direction of the Commission, a copy of the document must be provided to the Commission within 48 hours. S. 148ZQ(4) amended by No. 58/2011 s. 104(Sch. item 4.224). (4) If the Commission has advised the fire safety inspector orally as to an instruction or direction under this Part, the Commission must provide a copy of the record of decision or instruction to the fire safety inspector within 5 working days of giving advice of the instruction or decision orally.
is satisfied that exceptional circumstances exist for that longer period. S. 154 substituted by No. 58/2011 s. 62. 154 Notification of certain persons of application for internal review s. 154 (1) Following receipt of an application under section 153, the Commission must notify every person who provided the original decision maker information or material, or gave evidence, to the original decision maker for the purposes of the eligible decision of that receipt. (2) A notification under subsection (1) must be in writing and specify that— (a) an application for internal review of the eligible decision has been made; and (b) the Commission on review, in making its fresh decision under this Division— (i) will not be limited to the information or material provided or evidence given to the original decision maker; and (ii) may request further information or material from the person or may require the person to give evidence before the Commission. S. 155 substituted by No. 58/2011 s. 62. 155 Commission on review must not include commissioner who made the reviewable decision The Commission on review must not include a commissioner who made the reviewable decision that is the subject of the application under section 153. S. 156 substituted by No. 58/2011 s. 62. 156 Commission on review must include Chairperson or a Deputy Chairperson
(3) The Commission must make a decision on an application for a stay within 10 days after the application is made. (4) If the Commission has not made a decision in accordance with subsection (3), the Commission is taken to have made a decision to grant a stay of the operation of the reviewable decision until the Commission on review makes its decision under section 157. (5) The Commission may attach any conditions to a stay of the operation of a reviewable decision that it considers appropriate. (6) This section does not apply in relation to a reviewable decision made under section 148ZD. Pt 9 Div. 3 (Heading and ss 162–171) repealed by No. 58/2011 s. 62. * * * * * Division 4—Licensing inspectors 172 Licensing inspectors s. 172 (1) The Chief Commissioner may appoint a member of the police force of or above the rank of inspector to be a licensing inspector for the purposes of this Act. (2) A licensing inspector has the functions and powers conferred on him or her by this Act. (3) In addition to his or her other functions and powers, a licensing inspector— S. 172(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.231). (a) may report to the Commission any matter that may affect the attainment of the objects of this Act; and
S. 172(3)(b) amended by Nos 18/2005 s. 18(Sch. 1 item 60), 8/2009 s. 25. (b) may appear personally or by an Australian lawyer or a person approved by the Chief Commissioner in proceedings under this Act. Pt 9 Div. 5 (Heading and ss inserted by No. 8/2009 s. 26, substituted as Pt 9 Div. 5 (Heading and s. 172A) by No. 58/2011 s. 63. Division 5—Appeals on questions of law S. 172A substituted by No. 58/2011 s. 63. 172A Appeal to Supreme Court s. 172A (1) A person whose interests are affected by a decision of the Commission under this Act may appeal to the Supreme Court, on a question of law, from a decision of the Commission. (2) An appeal must be instituted— (a) within 28 days after the decision of the Commission; and (b) in accordance with the rules of the Supreme Court. (3) The institution of an appeal under this section does not stay the operation of the decision of the Commission that is the subject of the appeal unless the Supreme Court otherwise orders. _______________ 173 Service of notices and other documents s. 173
any money and securities for money were a reference to all liquor and vessels used for containing, measuring or drinking liquor. (2) A person guilty of an offence under any of the sections referred to in subsection (1) as so extended and applied for which no penalty is expressly provided under this Act, is liable— (a) for a first offence to a penalty of not more than 15 penalty units or to imprisonment for not more than 3 months; (b) for a second offence to a penalty of not more than 30 penalty units or for a term of imprisonment of not more than 6 months; (c) for any subsequent offence to 50 penalty units or imprisonment for a term of not more than 12 months. 176 Issue of proof of age cards s. 176 S. 176(1) amended by No. 58/2011 s. 104(Sch. item 4.234). (1) A person may apply to the Commission for the issue of a document indicating that the person is of or over the age of 18 years. (2) An application must be— S. 176(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.234). (a) in a form approved by the Commission; and S. 176(2)(b) amended by Nos 92/2004 s. 18(1)(9)(a), 58/2011 s. 104(Sch. item 4.234). (b) accompanied by the information and material, if any, required by the Commission; and S. 176(2)(c) inserted by No. 92/2004 s. 18(1)(9)(b). (c) accompanied by the fee specified in the regulations for the purposes of this section.
Sch. 3 Pt 1 (Heading) inserted by No. 71/2011 s. 31(1). 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. 2 Liquor Licensing Commission (1) On the commencement day— (a) the Commission is abolished and its members go out of office;
7 Restriction on general licence that was previously a residential licence If a residential licence granted under the repealed Act or a licence having effect as a residential licence under the repealed Act did not authorise the licensee to sell or dispose of liquor for consumption off the licensed premises, the general licence held by the licensee as a result of the operation of clause 3 does not authorise the licensee to sell or dispose of liquor for consumption off the licensed premises, unless the licence is varied under this Act. 8 Restriction of on-premises licence granted to restaurant under repealed Act An on-premises licence held by a licensee as a result of the operation of clause 3 in respect of an on-premises licence granted under section 50(2)(d) of the repealed Act or having effect as such a licence is subject to the condition that— (a) the predominant activity carried on on the licensed premises must be the preparation and serving of meals for consumption on the licensed premises; and (b) tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time. Sch. 3 cl. 9 amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.5). 9 Premises under old general (class 2) licence that are approved for gaming If, immediately before the commencement day—
(2) However, the licence condition referred to in section 11(3)(aac) does not apply to a packaged liquor licence until the financial year commencing on 1 July 2003. (3) Section 35, as substituted by section 10 of the Liquor Control Reform (Packaged Liquor Licences) Act 2002, applies to an application made on or after the commencement of that section 10. (4) If— (a) on or after 14 May 2002 but before the day on which the Liquor Control Reform (Packaged Liquor Licences) Act 2002 receives the Royal Assent, the Director grants or transfers to a person a packaged liquor licence; and (b) the grant or transfer would have been prohibited by section 23 had the Liquor Control Reform (Packaged Liquor Licences) Act 2002 received the Royal Assent— the grant or transfer (as the case requires) is, and must be taken always to have been, void. 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