(b) to facilitate the development of a diversity of licensed facilities reflecting community expectations; and S. 4(1)(c) amended by Nos 57/2010 s. 5(1), 71/2011 s. 5. (c) to contribute to the responsible development of the liquor, licensed hospitality and live music industries; and S. 4(1)(d) inserted by No. 57/2010 s. 5(2). (d) to regulate licensed premises that provide sexually explicit entertainment. S. 4(2) inserted by No. 59/2009 s. 5(3). (2) It is the intention of Parliament that every power, authority, discretion, jurisdiction and duty conferred or imposed by this Act must be exercised and performed with due regard to harm minimisation and the risks associated with the misuse and abuse of alcohol. S. 5 (Heading) inserted by No. 92/2004 s. 11(1). 5 Liquor Control Advisory Council s. 5 S. 5(1) substituted by No. 92/2004 s. 11(2). (1) There is established a Liquor Control Advisory Council to advise the Minister on problems of alcohol abuse and on any other matters referred to it by the Minister. S. 5(2) substituted by No. 92/2004 s. 11(2). (2) The Council consists of a Chairperson and as many other members as the Minister considers it appropriate to appoint. S. 5(3) substituted by No. 92/2004 s. 11(2). (3) In appointing a person to be a member of the Council, the Minister must be satisfied that the person has appropriate knowledge, experience or skills. (4) A member holds office for the period, not exceeding 5 years, specified in the instrument of appointment and is eligible for re-appointment.
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. 6A (ii) the sheriff or a person authorised by the sheriff; (iii) a bailiff; S. 6(j)(iv) amended by Nos 8/2009 s. 5(a), 37/2014 s. 10(Sch. item 96.2). (iv) a police officer; 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. S. 6A inserted by No. 57/2010 s. 6. 6A Exemption from Act—bed and breakfast businesses (1) A person who carries on a bed and breakfast business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a person staying at the bed and breakfast
S. 8(2)(d) amended by No. 58/2011 s. 104(Sch. item 4.10). (d) any other conditions determined by the Commission and specified in the licence. S. 8(3) inserted by No. 71/2011 s. 7(2). (3) For the purposes of subsection (2)(ca), gratuitous supply of liquor under section 20 does not affect whether the supply of liquor only for consumption off the licensed premises is the whole of the licensee's ordinary business of supplying liquor. 9 On-premises licence s. 9 (1) An on-premises licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 9(1)(a)(ii) substituted by No. 59/2009 s. 8(1), amended by No. 58/2011 s. 104(Sch. item 4.11). (ii) between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and S. 9(1)(a)(iii) inserted by No. 59/2009 s. 8(1), amended by Nos 8/2010 s. 5(1), 58/2011 s. 104(Sch. item 4.11). (iii) subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence— for consumption on the licensed premises; and
(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. 9(2)(e) amended by No. 58/2011 s. 104(Sch. item 4.12). (e) any other conditions determined by the Commission and specified in the licence. S. 9(3) amended by No. 73/2007 s. 13(1), repealed by No. 59/2009 s. 8(4). * * * * * S. 9(4)(5) inserted by No. 73/2007 s. 13(2), repealed by No. 59/2009 s. 8(4). * * * * * S. 9A inserted by No. 59/2009 s. 9. 9A Restaurant and cafe licence s. 9A (1) A restaurant and cafe licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 9A(1)(a)(ii) amended by Nos 8/2010 s. 6(1), 58/2011 s. 104(Sch. item 4.13). (ii) subject to section 15A, at any other times determined by the Commission and specified in the licence—
S. 10(5) amended by No. 58/2011 s. 104(Sch. item 4.21). (5) Despite subsection (1), the Commission may impose a condition on a club licence prohibiting the supply of liquor on the licensed premises during any time that a law other than this Act forbids the club from trading at the premises. (6) Despite subsection (1), a club licence in respect of licensed premises within an electoral district referred to in clause 17(1) of Schedule 3 does not authorise the licensee to supply liquor to an authorised gaming visitor. 11 Packaged liquor licence s. 11 (1) A packaged liquor licence authorises the licensee to supply liquor on the licensed premises in sealed containers, bottles or cans— (a) during ordinary trading hours; and S. 11(1)(b) substituted by No. 59/2009 s. 10, amended by No. 58/2011 s. 104(Sch. item 4.22). (b) between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and S. 11(1)(c) inserted by No. 59/2009 s. 10, amended by Nos 8/2010 s. 8, 71/2011 s. 8(1), 58/2011 s. 104(Sch. item 4.22). (c) subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence; and S. 11(1)(d) inserted by No. 71/2011 s. 8(2), amended by No. 58/2011 s. 104(Sch. item 4.22). (d) at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence— for consumption off the licensed premises.
(b) if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and (c) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 11(3)(d) amended by No. 58/2011 s. 104(Sch. item 4.24). (d) any other conditions determined by the Commission and specified in the licence. S. 11(4) inserted by No. 39/2002 s. 6(2), repealed by No. 57/2010 s. 9(2). * * * * * S. 11(5) inserted by No. 39/2002 s. 6(2). (5) The Minister, by notice published in the Government Gazette, may determine a code of conduct, consistent with the objects of this Act, for licensees of packaged liquor licences. S. 11(6) inserted by No. 39/2002 s. 6(2). (6) The Minister may, at any time by notice published in the Government Gazette, vary or revoke the code of conduct under subsection (5). S. 11(7) inserted by No. 39/2002 s. 6(2). (7) The Minister must not determine a code of conduct, or vary or revoke it, until the Minister has consulted packaged liquor licensees. S. 11(8) inserted by No. 6/2003 s. 15. (8) The Small Business Commissioner appointed under the Small Business Commissioner Act 2003 may investigate the compliance by licensees of packaged liquor licences with a code of conduct under subsection (5).
S. 14(1A) inserted by No. 59/2009 s. 12(1). (1A) A temporary limited licence— S. 14(1A)(a) amended by Nos 8/2010 s. 10(1), 58/2011 s. 104(Sch. item 4.32). (a) authorises the licensee to supply liquor at the times determined by the Commission subject to section 15A and specified in the licence; and (b) is not renewable. S. 14(1B) inserted by No. 59/2009 s. 12(1). (1B) A renewable limited licence— S. 14(1B)(a) amended by Nos 8/2010 s. 10(2), 58/2011 s. 104(Sch. item 4.33). (a) subject to section 15A, authorises the licensee to supply liquor at the times determined by the Commission and specified in the licence; and (b) may be renewed in accordance with this Act. (2) A limited licence is subject to— S. 14(2)(a) repealed by No. 21/2014 s. 13. * * * * * (b) if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and S. 14(2)(c) amended by No. 58/2011 s. 104(Sch. item 4.34). (c) any other conditions determined by the Commission and specified in the licence.
S. 14B(3) amended by No. 58/2011 s. 104(Sch. item 4.40). (3) Subject to subsection (7), an event is taken to be a major event if the Commission determines that the event is likely to attract more than 5000 patrons. (4) An event is likely to have a significant impact if— (a) the event is likely to require significant effort or oversight by authorised persons; or (b) the event is likely to have a significant impact on the provision and organisation of public transport and emergency services; or (c) the event is likely to have a significant impact on public safety or the amenity of the area or both in which the event is to be held. S. 14B(5) amended by No. 58/2011 s. 104(Sch. item 4.41(a)). (5) In determining the number of patrons that the event is likely to attract, the Commission may consider— (a) the nature of the event (including any activities held in conjunction with the event); (b) the location of the event; (c) if the same event or substantially the same event has been held previously, the estimated number of patrons who attended that event; (d) the proposed number of tickets to be available for the event, if applicable; s. 14B (e) any relevant recommendations made by the Chief Commissioner. S. 14B(6) amended by No. 58/2011 s. 104(Sch. item 4.41(b)). (6) In determining whether an event is likely to have a significant impact, the Commission must have regard to— (a) the number of patrons the event is likely to attract; (b) the proposed date, time and duration of the event;
S. 27(3) amended by No. 58/2011 s. 104(Sch. item 4.56). (3) A member of a partnership of natural persons may apply to the Commission for a licence or BYO permit on behalf of the partnership. 28 Form of application (1) An application for a licence or BYO permit must— S. 28(1)(a) amended by No. 58/2011 s. 104(Sch. item 4.57). s. 28 (a) be in a form approved by the Commission; and S. 28(1)(aa) inserted by No. 92/2004 s. 15(1)(a), amended by No. 73/2007 s. 14, substituted by No. 8/2009 s. 9(1). (aa) list the names, dates of birth and addresses of the associates— (i) of the applicant; and (ii) if the applicant is a body corporate, of each director of the applicant; and S. 28(1)(ab) inserted by No. 71/2011 s. 15. (ab) disclose any demerit points that have accrued within the previous 3 years on a licence or permit that the applicant or a nominee of the applicant has held or holds at the time of the application; and (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. 30 amended by No. 58/2011 s. 104(Sch. item 4.61). 30 Procedure on application for variation by Chief Commissioner or licensing inspector If the Chief Commissioner or a licensing inspector applies to the Commission for a variation of a licence or BYO permit— S. 30(a) substituted by No. 92/2004 s. 16(a), amended by No. 58/2011 s. 104(Sch. item 4.62 (a)(b)). (a) the Commission must, not later than 14 days after the application is received by the Commission, give a copy of the application— (i) to the licensee or permittee; and S. 30(a)(ii) amended by No. 58/2011 s. 104(Sch. item 4.62(c)). (ii) to the owner, and any mortgagee registered with the Commission, of the licensed premises; S. 30(b) substituted by No. 92/2004 s. 16(a), amended by No. 58/2011 s. 104(Sch. item 4.62(d)). (b) the licensee or permittee may, within 21 days after receiving the copy of the application, object to the application by giving notice in writing to the Commission of the objection and the grounds for objecting; S. 30(c) amended by Nos 92/2004 s. 16(b), 58/2011 s. 104(Sch. item 4.63). (c) the Commission must give a copy of any notice under paragraph (b) to the Chief Commissioner or the inspector within 7 days after the Commission receives the notice. 31 Application for relocation of licence or BYO permit s. 30 S. 31(1) amended by No. 58/2011 s. 104(Sch. item 4.64). (1) A licensee or permittee may apply to the Commission for relocation of the licence or BYO permit from the licensed premises to other premises.
(iii) the licensee or permittee has ceased to carry on business on the premises and has refused or neglected to concur in the application. s. 32 (2) An application for transfer must— S. 32(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.66). (a) be in a form approved by the Commission; and S. 32(2)(ab) inserted by No. 8/2009 s. 9(3). (ab) list the names, dates of birth and addresses of the associates— (i) of the proposed transferee; and (ii) if the proposed transferee is a body corporate, of each director of the proposed transferee; and S. 32(2)(ac) inserted by No. 71/2011 s. 16. (ac) disclose any demerit points that have accrued within the previous 3 years on a licence or permit that the proposed transferee or a nominee of the proposed transferee has held or holds at the time of the application; and (b) include the prescribed particulars; and (c) be accompanied by— (i) the prescribed information (if any); and S. 32(2)(c)(ia) inserted by No. 92/2004 s. 15(2), 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.
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. 35 substituted by No. 39/2002 s. 10. 35 Advertisement of licence application s. 35 S. 35(1) amended by Nos 59/2009 s. 21(1), 58/2011 s. 104(Sch. item 4.70). (1) An applicant for the grant, variation or relocation of a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence must cause notice of the application to be advertised in a newspaper circulating in the area— (a) in which the premises to which the application relates are or are to be situated; or (b) to which the licensed premises are sought to be relocated— or to be advertised in the manner directed by the Commission under subsection (3)(b). S. 35(1A) inserted by No. 59/2009 s. 21(2), amended by No. 70/2013 s. 3(Sch. 1 item 26.2). (1A) Subsection (1) does not apply to a prescribed variation of a licence. S. 35(2) amended by Nos 59/2009 s. 21(3), 58/2011 s. 104(Sch. item 4.70). (2) The Commission may direct an applicant for the grant, variation or relocation of a licence to cause notice of the application to be advertised in a newspaper circulating in the area— (a) in which the premises to which the application relates are or are to be situated; or 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).
43 Withdrawal of objection A person who has made an objection under this Division may withdraw it at any time. Division 6—Determination of applications 44 Determination of uncontested applications S. 44(1) amended by No. 58/2011 s. 53(1)(a). (1) Subject to Division 3, the Commission must grant or refuse to grant an uncontested application at any time after the expiry of the period for objection under Division 5 (or that period as extended under section 174). S. 44(2) amended by No. 58/2011 s. 53(1)(b). (2) The Commission may refuse to grant an uncontested application on any of the following grounds— (a) in the case of a grant or transfer of a licence or BYO permit, that the applicant or proposed transferee is not a suitable person to hold or carry on business under the licence or BYO permit; (b) in any case— (i) that the granting of the application would detract from or be detrimental to the amenity of the area in which the premises to which the application relates are situated; (ii) that the granting of the application would be conducive to or encourage the misuse or abuse of alcohol; s. 43 (iii) if the applicant or proposed transferee is a natural person—that the applicant or proposed transferee does not have an adequate knowledge of this Act;
50 Period of licence or BYO permit (1) Subject to this Act, a licence or BYO permit has effect on the day on which it is granted and continues in force until the end of the calendar year in which it is granted. (2) A limited licence or restricted club licence may be expressed to have effect and continue in force in accordance with its terms. 51 Form of licence or BYO permit and endorsements S. 51(1) amended by No. 58/2011 s. 104(Sch. item 4.87). (1) A licence or BYO permit is to be in the form approved by the Commission. S. 51(2) amended by No. 58/2011 s. 104(Sch. item 4.87). (2) If a licence or BYO permit is varied, relocated or transferred under this Part or a nominee is approved under section 54, the Commission must endorse the licence or permit to that effect. S. 52 amended by No. 58/2011 s. 104(Sch. item 4.88). 52 Copy of licence or BYO permit The Commission may, on application by a licensee or permittee and payment of the prescribed fee, issue to the licensee or permittee a copy of the licence or BYO permit, or of part of the licence or permit, with the word "copy" marked on it. 53 Liability of joint and incorporated licensees or permittees and unincorporated clubs s. 50 (1) If a licence or BYO permit is granted or transferred to two or more persons, those persons are severally liable as licensee or permittee. S. 53(2) amended by No. 71/2011 s. 17(1). (2) If a licence or BYO permit is granted or transferred to a body corporate, the directors of the body corporate are severally liable as if they were the licensee or permittee.
S. 58A inserted by No. 92/2004 s. 20, amended by No. 58/2011 s. 104(Sch. item 4.105). 58A Correcting mistakes s. 58A The Commission, at its own initiative, may at any time vary a licence or BYO permit to correct— (a) a clerical mistake; or (b) an error arising from an accidental slip or omission; or (c) a material miscalculation of figures or a material mistake in the description of any person, thing or matter referred to in the licence or permit; or (d) a defect of form. Pt 2 Div. 7A (Heading and ss 58B–58D) inserted by No. 8/2006 s. 9. Division 7A—Late hour entry declarations S. 58B (Heading) amended by No. 58/2011 s. 104(Sch. item 4.106) S. 58B inserted by No. 8/2006 s. 9. 58B Commission may make late hour entry declarations S. 58B(1) amended by No. 58/2011 s. 104(Sch. item 4.107). (1) Subject to this section and section 58C, the Commission, at its own initiative, may make a late hour entry declaration for an area or locality. (2) A late hour entry declaration— (a) must specify— (i) the area or locality to which it applies; and
70 Division does not affect Division 4 of Part 2 s. 70 Nothing in this Division prevents an amalgamated club from applying for a club licence in accordance with Division 4 of Part 2. Division 2—Casino premises 71 Definitions In this Division— Authority has the same meaning as in the Casino Control Act 1991; casino area means the Melbourne Casino area or the temporary casino site within the meaning of the Casino Control Act 1991; casino operator has the same meaning as in the Casino Control Act 1991. 72 Application of Division This Division applies to an application by a casino operator for— S. 72(a) amended by No. 59/2009 s. 30(f). (a) the grant or variation of an on-premises licence or a late night (on-premises) licence in respect of premises within the casino area approved by the Authority; or (b) the relocation of such a licence to other premises within the casino area approved by the Authority. 73 Requirements for an application to which this Division applies S. 73(1) amended by No. 58/2011 s. 104(Sch. item 4.125). (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. 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. 99C 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 s. 100 A licensee under a general licence, a late night (general) licence, an onpremises licence or a late night (onpremises) licence relating to licensed premises where accommodation for residents is provided— S. 100(a) amended by No. 58/2011 s. 104(Sch. item 4.145(a)). (a) must keep a residents' register in a form approved by the Commission; S. 100(b) amended by No. 58/2011 s. 104(Sch. item 4.145(a)). (b) must cause to be entered in the register the particulars determined by the Commission relating to residents of the licensed premises; (c) must keep the register on the licensed premises; S. 100(d) amended by No. 92/2004 s. 24(a). (d) must not make or cause or permit to be made in the register any false or misleading entry;
S. 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, amended by No. 37/2014 s. 10(Sch. item 96.5). 106D Barring orders A licensee, permittee, responsible person or police officer 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) must not use any place or premises, other than the licensed premises or authorised premises, for the supply of liquor; S. 108(1)(c) repealed by No. 73/2007 s. 21(1)(a). * * * * * S. 108(1)(d) amended by No. 73/2007 s. 21(1)(b). (d) must not permit a person to play any unlawful game on the licensed premises or on any authorised premises. S. 108(1)(e) repealed by No. 73/2007 s. 21(1)(c). * * * * * 60 penalty units. Note to s. 108(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (2) Subsection (1)(b) does not apply to— (a) a licensee of a pre-retail licence; or S. 108(2)(b) amended by No. 71/2011 s. 19. (b) a licensee of a wine and beer producer's licence in respect of the supply of liquor under that licence to a person who holds a licence under this Act. (3) Despite subsection (1)(d), the game of two-up may be played— S. 108(3)(a) amended by No. 96/2003 s. 14(2). (a) on ANZAC Day on any premises being used by any sub-branch of the Returned and Services League; and S. 108(3)(b) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(a)). (b) on ANZAC Day on any premises approved under section 2.3.2(1)(b) of the Gambling Regulation Act 2003; and
S. 108(3)(c) amended by Nos 96/2003 s. 14(2), 114/2003 s. 12.1.3 (Sch. 6 item 9.2(b)). (c) not more than 7 days before ANZAC Day on any premises at which a function is being held to which section 2.3.2(1)(b) of the Gambling Regulation Act 2003 applies. S. 108(4) inserted by No. 73/2007 s. 21(2). (4) A licensee or permittee— s. 108 (a) must not supply liquor to a person who is in a state of intoxication; (b) must not permit drunken or disorderly persons to be on the licensed premises or on any authorised premises. 120 penalty units. Note to s. 108(4) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection. S. 108(5) inserted by No. 73/2007 s. 21(2). (5) It is a defence to a prosecution for an offence under subsection (4)(b) for the defendant to prove that— S. 108(5)(a) amended by No. 8/2009 s. 16. (a) the defendant did not know that drunken or disorderly persons were on the premises; and (b) the defendant had taken reasonable steps to ensure that drunken or disorderly persons were not on the premises. S. 108(6) inserted by No. 88/2009 s. 6. (6) Subsection (4)(b) does not apply to a licensee or permittee if the licensed premises are a party bus.
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. 108AF 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. 108AG(2) amended by No. 58/2011 s. 104(Sch. item 4.176). (2) The Commission may approve an application if the Commission thinks it is appropriate to do so. S. 108AG(3) amended by No. 58/2011 s. 104(Sch. item 4.176). (3) The Commission must give the licensee notice in writing of the approval or refusal of an application. S. 108AG(4) amended by No. 58/2011 s. 104(Sch. item 4.176). (4) The Commission may grant an exemption under subsection (2) for the period and on any conditions the Commission determines. S. 108AG(5) amended by No. 58/2011 s. 104(Sch. item 4.176). (5) The Commission may revoke an exemption granted under subsection (2) by notice in writing.
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.
S. 114(2) inserted by No. 9/2008 s. 5(3), amended by No. 12/2011 s. 7(1). s. 114 (2) A person who is drunk, violent or quarrelsome must not refuse or fail to leave licensed premises if requested to do so by— (a) the licensee or permittee; or (b) an employee or agent of the licensee or permittee; or S. 114(2)(c) substituted by No. 37/2014 s. 10(Sch. item 96.12). (c) a police officer. Penalty: 50 penalty units. S. 114(3) inserted by No. 12/2011 s. 7(2). (3) A person who has been refused entry from licensed premises or who has left licensed premises following a request by any of the persons referred to in subsection (2)(a), (b) or (c) must not without reasonable excuse remain in the vicinity of the licensed premises. Penalty: 20 penalty units. S. 114(4) inserted by No. 12/2011 s. 7(2). (4) A person who has been refused entry from licensed premises or who has left licensed premises following a request by any of the persons referred to in subsection (2)(a), (b) or (c) must not without reasonable excuse enter the licensed premises for a period of 24 hours commencing from the time of being refused entry or leaving the licensed premises. Penalty: 20 penalty units. S. 114(5) inserted by No. 12/2011 s. 7(2). (5) For the purposes of this section, a reference to licensed premises includes any area adjacent to the licensed premises that is owned or occupied by the licensee or permittee. 115 Betting on licensed premises s. 115
(1) A licensee or permittee must not bet or allow a person to bet on the licensed premises or any authorised premises. 20 penalty units. Note to s. 115(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. (2) Subsection (1) does not apply to betting on licensed premises or on any authorised premises— s. 115 (a) if— (i) the premises are on a licensed racecourse within the meaning of the Racing Act 1958; and (ii) the betting is engaged in during the holding of a race meeting within the meaning of that Act on the licensed racecourse; or (b) if— S. 115(2)(b)(i) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (i) a betting facility of the holder of the wagering licence or the wagering operator under Chapter 4 of the Gambling Regulation Act 2003 is established in the premises; and S. 115(2)(b)(ii) substituted by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(a)). (ii) the betting takes place through that licence holder or wagering operator; or 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 S. 115(2)(d)(ii) amended by No. 114/2003 s. 12.1.3 (Sch. 6 item 9.3(c)). (ii) a function to which section 2.3.2(3) of the Gambling Regulation Act 2003 applies is being held on the premises. S. 115A inserted by No. 73/2007 s. 22. 115A Prohibited advertising or promotion S. 115A(1) amended by No. 58/2011 s. 104(Sch. item 4.181). (1) The Commission may give a notice to a licensee banning the licensee from advertising or promoting— (a) the supply of liquor by the licensee; or (b) the conduct of licensed premises by the licensee— if, in the opinion of the Commission, the advertising or promotion, or the proposed advertising or promotion, is likely to encourage
S. 120(3) amended by No. 58/2011 s. 104(Sch. item 4.184). (3) If the Commission grants or revokes an approval for the purposes of subsection (2)(a) or (e), the Commission must cause the licence or permit to be endorsed accordingly. (4) It is a defence to a prosecution under this section for the defendant to prove that, at the time of the alleged offence, the defendant had seen an evidence of age document of the person whose age is material to the offence, indicating that that person is of or over the age of 18 years. S. 120(5) inserted by No. 92/2004 s. 4(2). (5) If an issue arises under this section as to whether a person accompanying a person under the age of 18 years is a responsible adult or not, the test to be used is whether or not a reasonable person would be justified in assuming at the relevant time that the accompanying person was a responsible adult. S. 121 amended by No. 92/2004 s. 23(2)(a). 121 Sending minor to obtain liquor A person must not send another person whom he or she knows or believes to be under the age of 18 years to a place where liquor is supplied, delivered or distributed for the purpose of obtaining liquor. 60 penalty units. 122 Permitting minor to supply liquor s. 121 S. 122(1) amended by No. 92/2004 s. 23(2)(d). (1) A licensee must not permit a person under the age of 18 years to supply liquor on the licensed premises or on any authorised premises. 60 penalty units. Note to s. 122(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 122(2) amended by No. 58/2011 s. 104(Sch. item 4.185). (2) Subsection (1) does not apply to the supply of liquor on licensed or authorised premises by a person under the age of 18 years if the person is
S. 126(2) repealed by No. 92/2004 s. 31, new s. 126(2) inserted by No. 43/2011 s. 30(1). (2) If a protective services officer on duty at a designated place has reason to believe that a person at or in the vicinity of a designated place who appears to be under the age of 18 years has consumed, is consuming or is about to consume liquor in contravention of this Act, the protective services officer may demand particulars of the person's age, name and address. S. 126(3) repealed by No. 92/2004 s. 31. * * * * * (4) A person must not— (a) refuse to give particulars of his or her age, name and address; s. 126 (b) give any false particulars of his or her age, name and address; or S. 126(4)(c) amended by No. 88/2001 s. 8. (c) give any false evidence as to his or her age, name or address— pursuant to a demand made under this section. 15 penalty units. S. 126(5) amended by Nos 43/2011 s. 30(2), 37/2014 s. 10(Sch. item 96.13). (5) If a person refuses to give his or her name and address on being required to do so under this section, a police officer or a protective services officer referred to in subsection (2) may caution him or her and if he or she persists in the refusal, may arrest him or her without a warrant. S. 126(6) inserted by No. 43/2011 s. 30(3), amended by No. 37/2014 s. 10(Sch. item 96.13). (6) If a protective services officer arrests a person under subsection (5), the protective services officer must hand the person into the custody of a police officer as soon as practicable after the person is arrested.
(a) a person is a licensee or permittee in relation to any licensed premises; or (b) a person is not a licensee or permittee; or (c) a person is a person to whom a licence or permit has been transferred; or (d) a person is, or is not, a licensee or permittee; or S. 136(2)(e) amended by Nos 57/2010 s. 20, 58/2011 s. 104(Sch. item 4.196). (e) a person is a commissioner or a licensing inspector— 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. 138 Property forfeited (1) The Magistrates' Court may order that any property that is or includes liquor that is seized or of which possession is taken under this Act is forfeited if the Court is satisfied that the liquor was supplied, or intended to be supplied, contrary to the provisions of any relevant licence or BYO permit. (2) An appeal lies to the County Court against an order of forfeiture under subsection (1). (3) Any property forfeited under this section— (a) must be sold or otherwise disposed of in accordance with the directions of the Magistrates' Court; and (b) the proceeds (if any) of the sale or disposal are to be applied as if they were penalties. 139 Concurrent proceedings S. 139 amended by No. 58/2011 s. 104(Sch. item 4.202). If, in respect of anything done or omitted to be done under this Act— (a) proceedings are brought against a person; and
S. 139(b) amended by No. 58/2011 s. 104(Sch. item 4.202). (b) the Commission wishes to make a decision under this Act— the Commission may make the decision despite the bringing of the proceedings. 140 Notice of conviction S. 140(1) amended by Nos 88/2001 s. 9, 58/2011 s. 104(Sch. item 4.203). s. 140 (1) If a licensee or permittee is convicted of an offence against this Act or the regulations, the principal registrar of the Magistrates' Court must give written notice of the conviction to the 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 S. 141(1) amended by No. 37/2014 s. 10(Sch. item 96.18). (1) If a police officer 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.
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)(eab) inserted by No. 57/2010 s. 21(3), amended by No. 12/2011 s. 8(3). (eab) section 108AA (licensee, or the responsible person, must complete refresher approved responsible service of alcohol programs); S. 141(2)(eac) inserted by No. 57/2010 s. 21(3). (eac) section 108AB (licensee must ensure staff complete approved responsible service of alcohol programs); S. 141(2)(ead) inserted by No. 57/2010 s. 21(3). (ead) section 108AC (licensee must ensure staff complete refresher approved responsible service of alcohol programs); s. 141 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);
public place has the same meaning as in the Summary Offences Act 1966. New s. 148 inserted by No. 73/2007 s. 5. 148 Court proceedings regarding Order (1) In any proceeding in which the validity of an Order made under section 147 is called into question, the court hearing the proceeding must not stay the operation of the Order pending the final determination of the proceeding, unless the court considers that there are exceptional circumstances. (2) If a court finds that an Order made under section 147 is invalid, that finding does not affect the validity, in relation to any period before that finding, of— (a) any banning notice given or exclusion order made in relation to the designated area that is the subject of the Order; and (b) anything done under this Part in reliance on that banning notice or exclusion order. S. 148A inserted by No. 73/2007 s. 5. 148A Variation and revocation of Order s. 148 S. 148A(1) amended by No. 58/2011 s. 104(Sch. item 4.209). (1) The Commission, by Order published in the Government Gazette— (a) may at any time vary or revoke an Order made under section 147; and S. 148A(1)(b) amended by No. 58/2011 s. 104(Sch. item 4.209). (b) must revoke an Order made under section 147 if the Commission believes that the grounds for making the Order no longer exist. (2) This Division applies to the variation or revocation of an Order in the same way as it does to the making of the Order.
(b) may allow the offender to enter the designated area or licensed premises (as the case requires) for specified purposes during the period of the order, subject to any conditions the court thinks fit; (c) may be made subject to any other conditions the court thinks fit. (6) In determining whether it is satisfied under subsection (1)(c), the court must consider— (a) the nature and gravity of the specified offence; and (b) whether the offender has previously been found guilty of a specified offence committed in the designated area (whether or not it was a designated area at the time the offence was committed); and (c) whether the offender is or has been the subject of an exclusion order in relation to another specified offence committed in the designated area, or a specified offence committed in another designated area (whether or not they were designated areas at the time the offence was committed); and (d) the likely impact of the exclusion order on— (i) the offender; and (ii) any victim of the specified offence; and (iii) public safety and public order; and (e) any other matters the court considers relevant. S. 148J inserted by No. 73/2007 s. 5. 148J Offence to contravene exclusion order or fail to comply with police directions s. 148J (1) A person to whom an exclusion order applies must not enter or re-enter, or attempt to enter or
S. 151 substituted by No. 58/2011 s. 62. 151 Definitions s. 151 In this Division— applicable decision maker means— (a) a single commissioner performing a function or duty or exercising a power under this Act; or (b) a single commissioner performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; or (c) an employee of the Commission performing a function or duty or exercising a power of the Commission under this Act under delegation from the Commission; Commission on review means the Commission constituted by 3 or more commissioners for the purposes of this Division. S. 152 substituted by No. 58/2011 s. 62. 152 Reviewable decisions s. 152 The following table sets out— (a) decisions (however described) made under this Act by an applicable decision maker that are reviewable in accordance with this Division (reviewable decisions); and (b) who is eligible to apply for a review of a reviewable decision (the eligible person in relation to the reviewable decision). Item Provision under which reviewable decision is made Eligible person in relation to reviewable decision 1 Division 6 of Part 2 An applicant under section 27 for the grant of a licence or BYO permit or an entity that objects under
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. S. 176(3) amended by No. 58/2011 s. 104(Sch. item 4.234). (3) On receiving an application, the Commission may issue a document indicating that the person is of or over the age of 18 years if the Commission is satisfied that the person is of or over that age. 177 Treasurer may make payments S. 177(1) amended by No. 6/2000 s. 34(1). s. 177 (1) The Treasurer may, from time to time, pay amounts determined by the Treasurer to persons who hold, or have held, licences (whether granted under the law of Victoria or of another State or of a Territory) relating to the sale of liquor in respect of which taxes have been paid to the Commonwealth. (2) The Consolidated Fund is appropriated to the necessary extent for the purposes of subsection (1). 178 Treasurer may require information (1) For the purpose of determining whether to make a payment under section 177, or the amount of a payment, the Treasurer may require a person referred to in section 177(1)— (a) to give the Treasurer any information required by the Treasurer; or (b) to produce to the Treasurer any document required by the Treasurer. (2) A person must not give any information or produce any document under subsection (1) that is false or misleading in a material particular. 500 penalty units in the case of a body corporate; 100 penalty units in any other case.
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
(b) the grant or transfer would have been prohibited by section 23 had the Liquor Control Reform (Packaged Liquor Licences) Act 2002 received the Royal Assent— the grant or transfer (as the case requires) is, and must be taken always to have been, void. Sch. 3 cl. 21 inserted by No. 73/2007 s. 25. 21 Transitional provisions—Liquor Control Reform Amendment Act 2007 (1) The condition referred to in section 9(3)(c), as inserted by section 13(1)(b) of the Amending Act, applies on and after the commencement of that section 13(1)(b) to an on-premises licence whether the licence was granted before, on or after that commencement. (2) Section 90(1)(fa) and (fb), as inserted by section 17(2)(a) of the Amending Act, apply only in the case of a director or member of a committee of management who is convicted of an offence on or after the commencement of that section 17(2)(a). (3) In this clause— Amending Act means the Liquor Control Reform Amendment Act 2007. Sch. 3 cl. 23 inserted by No. 59/2009 s. 31 (as amended by No. 1/2010 s. 106). 23 Transitional provision—on-premises licences Sch. 3 (1) The holder of an on-premises licence that is subject to the conditions set out in section 9(3) may apply to the Director before the commencement of section 32 of the Liquor Control Reform Amendment (Licensing) Act