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 co-operative has the same meaning as in the Cooperatives Act 1996; Council has the same meaning as in the Local Government Act 1989; S. 3(1) def. of designated area inserted by No. 73/2007 s. 4. designated area means an area declared under section 147 to be a designated area for the purposes of Part 8A; S. 3(1) def. of designated place inserted by No. 43/2011 s. 29. designated place has the same meaning as it has in section 118D of the Police Regulation Act 1958;
S. 3(1) def. of infringement notice inserted by No. 71/2011 s. 4(a). infringement notice has the same meaning as in the Infringements Act 2006; S. 3(1) def. of infringement penalty inserted by No. 71/2011 s. 4(a). infringement penalty has the same meaning as in the Infringements Act 2006; S. 3(1) def. of inquiry inserted by No. 58/2011 s. 51(1). inquiry has the same meaning as in the Victorian Commission for Gambling and Liquor Regulation Act 2011; S. 3(1) def. of insolvent under administration repealed by No. 4/2008 s. 32(Sch. item 18). * * * * * s. 3 S. 3(1) def. of late hour entry declaration inserted by No. 8/2006 s. 4(1). late hour entry declaration means a declaration made under section 58B; S. 3(1) def. of late night trading hours inserted by No. 59/2009 s. 4(3). late night trading hours in relation to a licence or BYO permit, means a continuous period from 1 a.m. on a particular day, where the licence or permit also authorises the supply of liquor up to 1 a.m. on that day; licence means a licence granted under this Act; S. 3(1) def. of licensed premises amended by No. 71/2011 s. 4(b). licensed premises means the premises in respect of which a licence (other than a pre-retail licence) or BYO permit is granted but does not include premises referred to in section 13(1)(a) (wine and beer producer's licence);
S. 3AB inserted by No. 8/2006 s. 5. 3AB What is intoxication? (1) For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, coordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is the result of the consumption of liquor. S. 3AB(2) amended by Nos 72/2007 s. 62, 58/2011 s. 104(Sch. item 4.2). (2) The Commission must issue guidelines containing information about how to determine whether a person is in a state of intoxication for the purposes of this Act, the Casino Control Act 1991 or the Gambling Regulation Act 2003. S. 3AC inserted by No. 73/2007 s. 12. 3AC Who is an associate? s. 3AB (1) For the purposes of this Act, an associate of a person (the first person) is— (a) a person who— (i) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in any business of the first person involving the sale of liquor; and (ii) by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or (b) a person who is or will be a director, whether in right of the person or on behalf of any other person, of any business of the first person involving the sale of liquor; or (c) if the first person is a natural person, a person who is a relative of the first person, other than a relative—
(h) to an insurer selling liquor to which the insurer has acquired title by virtue of a settlement of a claim made in good faith under a policy of insurance but not by purchase; or (i) to a person not carrying on a business of supplying liquor who supplies liquor to a licensee; or S. 6(j) substituted by No. 8/2006 s. 6, amended by No. 58/2011 s. 104(Sch. item 4.4(a)). (j) to any of the following persons or entities selling by auction any liquor taken in execution or under any warrant of distress or forfeited— (i) the Assistant Director, Asset Confiscation Operations in the Enforcement Management Division of the Department of Justice; s. 6 (ii) the sheriff or a person authorised by the sheriff; (iii) a bailiff; S. 6(j)(iv) amended by No. 8/2009 s. 5(a). (iv) a member of the police force; S. 6(j)(v) inserted by No. 8/2009 s. 5(b), amended by No. 58/2011 s. 104(Sch. item 4.4(b)). (v) the Commission; S. 6(j)(vi) inserted by No. 8/2009 s. 5(b), amended by No. 58/2011 s. 104(Sch. item 4.4(c)). (vi) a gambling and liquor inspector; or (k) to the granting of allowances of liquor to the crew of a vessel.
(c) restaurant and cafe licence; (d) club licence; (e) packaged liquor licence; (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
S. 9A(1)(b) amended by Nos 8/2010 s. 6(2), 58/2011 s. 104(Sch. item 4.13). (b) subject to section 15A, to supply liquor on any other premises authorised by the Commission and specified in the licence, during ordinary trading hours or at the times referred to in paragraph (a)(ii) or at any other times determined by the Commission and specified in the licence, for consumption on those premises. s. 9A (2) A restaurant and cafe licence is subject to— (a) the conditions set out in subsection (3), and (b) the condition set out in section 16 (compliance with planning scheme); and (c) if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and (d) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 9A(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.14). (e) any other conditions determined by the Commission and specified in the licence. (3) A restaurant and cafe licence is subject to the following conditions— (a) 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; and (b) the licensee must not permit— (i) the live performance of any musical works; or (ii) the playing of any recorded musical works—
S. 11(1)(b) substituted by No. 59/2009 s. 10, amended by No. 58/2011 s. 104(Sch. item 4.22). (b) between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and S. 11(1)(c) inserted by No. 59/2009 s. 10, amended by Nos 8/2010 s. 8, 71/2011 s. 8(1), 58/2011 s. 104(Sch. item 4.22). (c) subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence; and S. 11(1)(d) inserted by No. 71/2011 s. 8(2), amended by No. 58/2011 s. 104(Sch. item 4.22). (d) at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence— for consumption off the licensed premises. (2) If— (a) the licensed premises under a packaged liquor licence is located within premises used primarily as a supermarket; and (b) the licensee is the owner of the supermarket business; and S. 11(2)(c) amended by No. 58/2011 s. 104(Sch. item 4.23). (c) the Commission so determines and specifies in the licence— the packaged liquor licence also authorises the licensee to receive payment for liquor supplied on the licensed premises at any checkout located in the supermarket if the person receiving the payment is of or over the age of 18 years. s. 11
S. 11A(5)(e) amended by No. 58/2011 s. 104(Sch. item 4.28). (e) any other conditions determined by the Commission and specified in the licence. S. 11A(5A) inserted by No. 71/2011 s. 9(4). (5A) For the purposes of subsection (5)(da), 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. S. 11A(6) amended by No. 71/2011 s. 9(5). (6) Sections 11(2) and 11(5) to 11(8) apply in relation to a late night (packaged liquor) licence as if it were a packaged liquor licence. 12 Pre-retail licence s. 12 S. 12(1) substituted by No. 92/2004 s. 13. (1) A pre-retail licence authorises the licensee to supply liquor at any time and on any premises— (a) to a person who holds a licence under this Act; and (b) to a person licensed to sell or supply liquor by or under a law of another State or Territory if the liquor supplied is to be consumed outside ; and (c) to a person for the purpose of exporting the liquor supplied out of . (2) A pre-retail licence is subject to— (a) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 12(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.29). (b) any other conditions determined by the Commission and specified in the licence.
S. 15(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.44). (e) any other conditions, including conditions relating to entertainment, determined by the Commission and specified in the permit. S. 15A inserted by No. 8/2010 s. 13. 15A ANZAC Day restrictions s. 15A (1) Subject to sections 15B(1), 15C(1) and 15D(1), the following licences do not authorise the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 9A, 10, 11A or 14(1B) or the licence— (a) a restaurant and cafe licence; (b) a club licence; (c) a late night licence; (d) a renewable limited licence. S. 15A(2) amended by No. 71/2011 s. 11. (2) A BYO permit does not authorise liquor to be consumed, possessed or controlled on the premises in respect of which the permit is granted at any time between 3 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 15 or the permit. (3) Subject to sections 15B(2), 15C(2) and 15D(2) the following licences do not authorise the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day despite anything to the contrary in section 8, 9 or 11 or the licence— (a) a general licence; (b) an on-premises licence; (c) a packaged liquor licence. S. 15A(4) amended by No. 58/2011 s. 104(Sch. item 4.45). (4) The Commission must not make a determination under section 14(1A)(a) or 14A(1) authorising the supply of liquor at any time between 3 a.m. and 12 noon on ANZAC Day unless the
(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 S. 17(2)(c) amended by No. 71/2011 s. 13. (c) a wine and beer producer'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. 22(3A) inserted by No. 71/2011 s. 14(2). (3A) For the purposes of section 22(1)(ca), factors that the Commission may consider include but are not limited to— (a) whether the proposed licence or permit authorises supply of liquor at a time when the premises will not be used primarily by persons under the age of 18 years; and (b) whether the proposed licence or permit provides that any person under the age of 18 years must be accompanied by a responsible adult at all times during which the proposed supply of liquor is to occur. S. 22(4) inserted by No. 8/2006 s. 8, amended by No. 58/2011 s. 104(Sch. item 4.48). (4) The regulations referred to in subsection (1)(d) may permit the Commission to grant a licence or BYO permit in respect of premises prescribed for the purposes of this section if the Commission has the approval of the Minister to do so. S. 23 amended by Nos 21/2001 s. 8, 39/2002 s. 7(2), repealed by No. 39/2002 s. 16(b). * * * * * S. 24 (Heading) inserted by No. 59/2009 s. 15(1). S. 24 amended by Nos 59/2009 s. 15(2), 58/2011 s. 104(Sch. item 4.49). 24 Further restriction on grant of packaged liquor and late night (packaged liquor) licences s. 24 The Commission must not grant a packaged liquor licence or a late night (packaged liquor) licence unless satisfied that the predominant activity to be carried on in the area set aside as the licensed premises is the sale by retail of liquor for consumption off the licensed premises.
(c) be accompanied by— (i) the prescribed information (if any); and S. 32(2)(c)(ia) inserted by No. 92/2004 s. 15(2), amended by No. 58/2011 s. 104(Sch. item 4.66). (ia) a plan or depiction of the licensed premises in a form specified by the Commission; and (ii) the prescribed transfer fee. S. 32(3) amended by No. 58/2011 s. 104(Sch. item 4.67). (3) If the Commission requests an applicant for transfer to give any other information, the applicant must comply with the request. S. 32(4) inserted by No. 8/2009 s. 9(4). (4) Subsection (2)(ab)(ii) does not apply if the proposed transferee is a Council, a university or a TAFE institute. 33 Copy of application to be given to police and local council s. 33 S. 33(1) amended by No. 58/2011 s. 104(Sch. item 4.68). (1) On receiving an application— (a) for a licence or BYO permit; or (b) for the variation of a licence or BYO permit (other than an application by the Chief Commissioner or a licensing inspector); or (c) for the transfer or relocation of a licence or BYO permit— the Commission must give a copy of the application to the Chief Commissioner. S. 33(2) amended by No. 58/2011 s. 104(Sch. item 4.68). (2) On receiving an application— (a) for a licence; or (b) for the variation of a licence (other than an application by the Chief Commissioner or a licensing inspector); or
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 s. 35 (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. 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 relocation was first displayed under section 34(1); and (b) state the reasons for the objection. (3) 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 (including the objector) 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. 39 Objection by Chief Commissioner s. 39 (1) The Chief Commissioner may object to the grant, variation or relocation of a licence or BYO permit on any grounds he or she thinks fit. (2) The Chief Commissioner may object to the transfer of a licence or BYO permit on the ground that the proposed transferee is not a suitable person to hold the licence or permit.
S. 60(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.113). (b) must be in a form approved by the Commission; and (c) must be accompanied by the prescribed renewal fee. 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 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.
77 Requirements for an application to which this Division applies s. 77 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.
(a) state that the Commission proposes to inquire into whether there are grounds to take disciplinary action against the licensee or permittee; and (b) specify the grounds the Commission proposes to consider; and (c) specify— (i) the date and time of the inquiry; and (ii) the venue at which the inquiry will be conducted; and (d) invite the licensee or permittee to make a written or oral submission to the Commission; and s. 92 (e) specify that a licensee or permittee may— (i) be represented by another person at the inquiry and that the representative may make a submission on behalf of the licensee or permittee; or (ii) send another person to represent the licensee or permittee at the inquiry and that the representative may make a submission on behalf of the licensee or permittee; and (f) specify that the Commission may make a determination under section 93 following the inquiry whether or not the licensee or permittee (or a person representing the licensee or permittee) has made a submission to the Commission. (3) The Commission must consider any submissions made by a licensee or permittee or on the behalf of the licensee or permitee in accordance with this section.
(a) a variation of the times at which the licence authorises the supply of liquor (including a variation reducing the times to less than ordinary trading hours); (b) a variation of a condition of the licence (other than a condition imposed by this Act); (c) the imposition of a new condition on the licence. S. 97B(4) substituted by No. 8/2009 s. 13(2). (4) The variation of a licence under this section takes effect when notice of it is given to the licensee or at the later time specified in the notice. S. 97B(5) substituted by No. 8/2009 s. 13(2). (5) The suspension of a licence under this section— (a) takes effect when notice of it is given to the licensee or at the later time specified in the notice; and (b) ceases to have effect 7 days after the day on which it takes effect. (6) No compensation is payable in respect of any loss or damage resulting from or arising out of the suspension of a licence in accordance with this section. S. 97B(7) amended by No. 58/2011 s. 104(Sch. item 4.138). (7) Nothing in this Division affects the power of the Commission to vary a licence under section 58. s. 97B __________________ 98 Owners and mortgagees of licensed premises s. 98 A person who is the owner or a mortgagee of licensed premises—
section 53A(2), 53B(2) or 53C(2) that is alleged to have been committed by a body corporate. (5) Nothing in this section is intended to affect or reduce the liability of the licensee or permittee with respect to the act or omission of the person. S. 160B (Heading) amended by No. 58/2011 s. 104(Sch. item 4.171). S. 106B inserted by No. 57/2010 s. 17, amended by No. 58/2011 s. 104(Sch. item 4.172). 106B Requirement to notify Commission that sexually explicit entertainment provided on licensed premises s. 106B A licensee must notify the Commission in writing within 21 days after commencing to provide sexually explicit entertainment on the licensed premises. 10 penalty units. Note to s. 106B inserted by No. 13/2013 s. 29(2). Note Section 53A applies to an offence against this section. __________________ 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
S. 108AE(2) amended by No. 58/2011 s. 104(Sch. item 4.174). (2) The licensee must produce the approved responsible service of alcohol program register kept by the licensee for inspection on being asked to do so by a member of the police force or a gambling and liquor inspector. 5 penalty units. Note to s. 108AE(2) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 108AF inserted by No. 57/2010 s. 19. 108AF Exemption from approved responsible service of alcohol program requirements—without application S. 108AF(1) amended by No. 58/2011 s. 104(Sch. item 4.175). (1) The Commission may, by notice in writing, exempt a licensee or a class of licensees from any of the requirements of sections 108AA to 108AE, if the Commission thinks it is appropriate to do so. S. 108AF(2) amended by No. 58/2011 s. 104(Sch. item 4.175). (2) The Commission may grant an exemption under subsection (1) for the period and on any conditions the Commission determines. S. 108AF(3) amended by No. 58/2011 s. 104(Sch. item 4.175). (3) The Commission may revoke an exemption granted under subsection (1) by notice in writing. S. 108AG inserted by No. 57/2010 s. 19. 108AG Exemption from approved responsible service of alcohol program requirements—on application s. 108AG S. 108AG(1) amended by No. 58/2011 s. 104(Sch. item 4.176). (1) A licensee may apply to the Commission to be exempted from any of the requirements of sections 108AA to 108AE.
S. 115(2)(b)(i) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (i) a betting facility of the holder of the wagering licence or the wagering operator under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and S. 115(2)(b)(ii) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (ii) the betting takes place through that licence holder or wagering operator; or S. 115(2)(ba) inserted by No. 60/2011 s. 74. (ba) if— (i) a betting facility of the holder of the wagering and betting licence under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and (ii) the betting takes place through that licence holder; or (c) if— S. 115(2)(c)(i) amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(b)). (i) the premises are being used by any subbranch of the Returned and Services League or are approved under section 2.3.2(1)(b) of the Gambling Regulation Act 2003; and S. 115(2)(c)(ii) amended by No. 96/2003 s. 14(3). (ii) the betting is engaged in during a game of two-up on ANZAC Day; or s. 115A (d) if— S. 115(2)(d)(i) amended by No. 96/2003 s. 14(3). (i) the betting is engaged in during a game of two-up not more than 7 days before ANZAC Day; and
(b) in any other case—in a container of more than 50 millilitres capacity. 30 penalty units. S. 118B inserted by No. 88/2001 s. 7. 118B Regulations prohibiting supply of classes of liquor (1) The Governor in Council, on the recommendation of the Minister, may make regulations prohibiting the supply of any class of liquor. (2) The Minister may recommend the making of regulations under this section only if he or she is satisfied that it is in the interest of the community to do so. (3) Regulations under this section— (a) may impose a penalty not exceeding 30 penalty units for a breach of the regulations; (b) may be of general or of specially limited application; (c) may differ according to differences in time, place or circumstances. (4) Regulations under this section are subject to disallowance by a House of the Parliament. Division 2—Underage drinking 119 Supplying liquor to minors S. 119(1) amended by No. 92/2004 s. 23(2)(a). s. 119 (1) A licensee or a permittee must not— (a) supply liquor; or (b) permit liquor to be supplied— to a person under the age of 18 years. 60 penalty units. S. 119(2) amended by No. 92/2004 s. 23(2)(a). (2) If liquor is supplied to a person under the age of 18 years on the licensed premises or any
the Crown or be destroyed or otherwise disposed of. S. 128(5) inserted by No. 1/2013 s. 3(3). (5) No compensation is payable by the Crown in respect of any liquor tipped out, forfeited, destroyed or otherwise disposed of under this section. S. 129 amended by Nos 92/2004 s. 23(2)(e), 108/2004 s. 117(1) (Sch. 3 item 115.1), substituted by No. 8/2009 s. 19. 129 Right of entry s. 129 (1) An authorised person may enter and remain on licensed premises for the purposes of exercising his or her functions under this Act. (2) The power of entry may be exercised— (a) at any time when the premises are open to the public; or (b) at any time— (i) if the authorised person reasonably suspects that the business of supplying liquor to the public is being carried on on the premises; or (ii) with the written consent of the occupier. (3) An authorised person who enters premises under this section is not authorised to remain on the premises if, on the request of the occupier of the premises, the authorised person does not show his or her identity card to the occupier. S. 129(4) amended by No. 58/2011 s. 104(Sch. item 4.190). (4) Subsection (3) does not apply to a member of the police force if he or she is in uniform. (5) If an occupier consents to the entry of premises under this section, the authorised person must give the occupier a copy of the consent immediately.
S. 130B inserted by No. 8/2009 s. 19. 130B Search warrants s. 130B (1) An authorised person may apply to a magistrate for the issue of a search warrant in relation to particular premises if the authorised person suspects on reasonable grounds that— (a) liquor is supplied on the premises by a person— (i) who does not hold a licence authorising the supply; and (ii) who is required under this Act to hold such a licence to supply the liquor; or (b) in the case of premises occupied by a club in respect of which a licence is not in force, liquor is supplied or kept for supply on the premises; or (c) there is on the premises any document, equipment or other thing— (i) in relation to which an offence against this Act or the regulations has been, is being, or is likely to be, committed; or (ii) that may be evidence of the commission of an offence against this Act or the regulations. (2) If a magistrate is satisfied by the evidence on oath, whether oral or by affidavit, that there are reasonable grounds for suspecting any of the matters referred to in subsection (1), the magistrate may issue a search warrant authorising an authorised person named in the warrant and any assistants the authorised person considers necessary— (a) to enter the premises, or the part of premises, named or described in the warrant; and
s. 136 is admissible in evidence and, in the absence of evidence to the contrary, is proof of the matter alleged. (3) Each of the following certificates is admissible in evidence in any proceeding against a person under this Act and, in the absence of evidence to the contrary, is proof of the matters stated in it— S. 136(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.197). (a) a certificate purporting to be under the hand of a commissioner stating that on a day specified in the certificate a person named in the certificate was a delegate of the commissioner to whom the powers of the commissioner specified in the certificate were delegated on terms, if any, so specified; S. 136(3)(b) amended by No. 58/2011 s. 104(Sch. item 4.198). (b) a certificate purporting to be under the hand of a commissioner stating that on a day specified in the certificate the Commissioner of State Revenue had an authority referred to in section 129(6) or 133(6). S. 136(3)(c) repealed by No. 58/2011 s. 104(Sch. item 4.199). * * * * * 137 Copies of certain documents s. 137 S. 137(1) amended by No. 58/2011 s. 104(Sch. item 4.200). (1) The production of a document under the hand of a commissioner purporting to be a copy of a document issued by the commissioner is evidence that the document was so issued. S. 137(2) amended by No. 58/2011 s. 104(Sch. item 4.201). (2) The production of a document under the hand of a commissioner (that document purporting to be a copy of or extract from any document, statement, licence, note or memorandum furnished to, or of any document issued by, the commissioner) is for all purposes sufficient evidence of the matters set forth in it, without production of the original.
Commission as soon as practicable after the conviction. S. 140(2) amended by No. 58/2011 s. 104(Sch. item 4.203). (2) If a notice under subsection (1) relates to a licensee or permittee of licensed premises of which the licensee or permittee is not the owner, the Commission must send a copy of the notice to the owner of the licensed premises. Division 5—Infringement notices 141 Power to serve an infringement notice (1) If a member of the police force has reason to believe that a person has committed an offence referred to in subsection (2), he or she may serve an infringement notice on that person. S. 141(1AA) inserted by No. 8/2009 s. 21(1), amended by Nos 88/2009 s. 8(2)(a), 12/2011 s. 8(1), 58/2011 s. 104(Sch. item 4.204). (1AA) If a gambling and liquor inspector has reason to believe that a person has committed an offence referred to in subsection (2) (other than subsection (2)(dd), (de), (df), (dg), (dh), (fc), (gb), (gc), (m) or (n)), he or she may serve an infringement notice on that person. S. 141(1AB) inserted by No. 43/2011 s. 33(1). (1AB) If a protective services officer has reason to believe that a person has committed an offence against section 123(1)(b) at or in the vicinity of a designated place, he or she may serve an infringement notice on that person. S. 141(1A) inserted by No. 32/2006 s. 87(2), amended by Nos 8/2009 s. 21(2)(a), 43/2011 s. 33(2). (1A) An offence referred to in subsection (1), (1AA) or (1AB) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
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)(da) inserted by No. 92/2004 s. 36(c). (da) section 105 (no letting or sub-letting without consent); s. 141 S. 141(2)(db) inserted by No. 32/2006 s. 86(1)(b), amended by No. 58/2011 s. 104(Sch. item 4.205(b)). (db) section 106(1) (permit any other person to carry on a business of supplying liquor on the licensed premises of a licensee or permittee or permit any person who is not employed by the licensee or permittee to be engaged in the carrying on of such a business other than in accordance with the written consent of the Commission); S. 141(2)(dc) inserted by No. 57/2010 s. 21(2), amended by No. 58/2011 s. 104(Sch. item 4.205(c)). (dc) section 106B (failure to notify Commission that sexually explicit entertainment provided on licensed premises); S. 141(2)(dd) inserted by No. 12/2011 s. 8(2). (dd) section 106H(3)(a) (refusal to give name or address);
S. 141(2)(de) inserted by No. 12/2011 s. 8(2). (de) section 106H(3)(b) (giving a false name or address); s. 141 S. 141(2)(df) inserted by No. 12/2011 s. 8(2). (df) section 106H(7) (refusal to provide evidence of name or address); S. 141(2)(dg) inserted by No. 12/2011 s. 8(2). (dg) section 106J(1) (entering or remaining on licensed premises from which a person is barred); S. 141(2)(dh) inserted by No. 12/2011 s. 8(2). (dh) section 106J(2) (re-entering or remaining in the vicinity of licensed premises from which a person is barred); S. 141(2)(di) inserted by No. 12/2011 s. 8(2). (di) section 106K(1) (failure to keep records of barring orders); S. 141(2)(dj) inserted by No. 12/2011 s. 8(2). (dj) section 106K(2) (failure to produce records of barring orders upon request); S. 141(2)(dk) inserted by No. 12/2011 s. 8(2). (dk) section 106K(4) (unauthorised disclosure of records); 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)(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)(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); S. 141(2)(k) amended by No. 92/2004 s. 36(f). (k) section 126(4) (name and address of minor); S. 141(2)(l) inserted by No. 92/2004 s. 36(g), amended by No. 73/2007 s. 6(a), substituted by No. 8/2009 s. 21(2)(c). (l) section 130A(3) (refuse or fail to give name and residential address);
S. 148B(3) amended by No. 57/2010 s. 22. (3) A member of the police force cannot give a banning notice to a person unless the member— (a) believes on reasonable grounds that the giving of the notice may be effective in preventing the person from— (i) continuing to commit the specified offence; or (ii) committing a further specified offence; and (b) considers that the continuation of the commission of the specified offence or the commission of a further specified offence may involve or give rise to a risk of violence or disorder in the designated area. S. 148B(4) amended by No. 57/2010 s. 22. (4) In determining whether there are reasonable grounds for his or her belief under subsection (3)(a), the member of the police force must consider— (a) the apparent state of health of the person to whom the notice is to apply; and (b) whether the person is likely to— (i) continue to commit the specified offence; or (ii) commit a further specified offence; and (c) whether the person should be arrested or held in custody pending the hearing of any charges against the person in respect of the specified offence; and (d) whether that person is capable of comprehending the nature and effect of the notice; and related
(iii) that it is an offence not to comply with the notice or with a direction given by a member of the police force to leave the licensed premises; and (iv) the maximum penalties for those offences; and (i) that a copy of the notice and, if available, a photograph of the person to whom the notice applies may be provided to licensees or permittees of licensed premises in the designated area and persons employed in those premises for the purpose of enforcement of the notice; and (j) that the notice may be varied or revoked under section 148E. S. 148D inserted by No. 73/2007 s. 5. 148D Requirement to give name and address s. 148D S. 148D(1) amended by No. 57/2010 s. 24. (1) A member of the police force who intends to give a banning notice to a person may request the person to state the person's name and address. S. 148D(2) amended by No. 57/2010 s. 24. (2) A member of the police force who makes a request under subsection (1) must inform the person of the member's intention to give the person a banning order. S. 148D(3) amended by No. 57/2010 s. 24. (3) A person must not, in response to a request made by a member of the police force 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 that is false in a material particular; or
S. 148Q inserted by No. 73/2007 s. 5. 148Q Offence to permit contravention of banning notice or exclusion order (1) A licensee or permittee must not knowingly permit a person to whom a banning notice or an exclusion order applies to enter or re-enter the licensed premises in contravention of the notice or order. 60 penalty units. Note to s. 148Q(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (2) An employee or agent of a licensee or permittee must not knowingly permit a person to whom a banning notice or an exclusion order applies to enter or re-enter the licensed premises in contravention of the notice or order. 60 penalty units. S. 148R inserted by No. 73/2007 s. 5. 148R Annual report by Chief Commissioner s. 148R (1) The Chief Commissioner must submit a report to the Minister in respect of each financial year that includes the following information— (a) in relation to banning notices— (i) the number of banning notices given during that year; (ii) the number of persons to whom banning notices were given during that year; (iii) the number of banning notices given during that year to each person who was given more than one banning notice during that year;
Liquor Control Reform (Amendment) Act 2001; and (c) the grant or transfer of the licence would have been prohibited by section 23 had the amendments to that section by section 8 of the Liquor Control Reform (Amendment) Act 2001 been in operation at the time of the grant or transfer— the licence ceases to be in force, by virtue of this subclause, on the commencement of that Act. Sch. 3 cl. 20 inserted by No. 39/2002 s. 15. 20 Transitional provision—Liquor Control Reform (Packaged Liquor Licences) Act 2002 (1) Section 11(3)(aac) and (aad), as inserted by section 6(1) of the Liquor Control Reform (Packaged Liquor Licences) Act 2002, extends to packaged liquor licences in force at the commencement of that section 6(1). (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— Sch. 3 (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
the Victorian Commission for Gambling and Liquor Regulation Act 2011. (3) Anything done by the Director before the commencement day in respect of that thing is, on and after that day, taken to have been done by the new Commission. (4) For the purposes of this clause, this Act as in force immediately before the commencement day applies as if a reference to the Director were a reference to the new Commission. 15 Taxes No duty or other tax is chargeable under any Act in respect of anything done under this Schedule or in respect of any act or transaction connected with or necessary to be done by reason of this Schedule, including a transaction entered into or an instrument made, executed, lodged or given, for the purpose of, or connected with the transfer of property, rights or liabilities of the Director. Sch. 4 16 Validity of things done under this Schedule Nothing effected or to be effected by this Schedule or done or suffered under this Schedule— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act (other than the Charter of Human Rights and Responsibilities Act 2006) or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment,
Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 60) on 12.12.05: Government Gazette 1.12.05 p. 2781 : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Health Professions Registration Act 2005, No. 97/2005 Assent Date: 7.12.05 Commencement Date: S. 182(Sch. 4 item 33) on 1.7.07: s. 2(3) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Liquor Control Reform (Amendment) Act 2006, No. 8/2006 Assent Date: 4.4.06 Commencement Date: Ss 4(1), 6–12 on 5.4.06: s. 2(1); ss 4(2), 5 on 1.12.06: s. 2(3) : This information relates only to the provision/s amending the Liquor Control Reform Act 1998 Education and Training Reform Act 2006, No. 24/2006 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 Endnotes 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