S. 3(1) def. of violence or disorder inserted by No. 73/2007 s. 10. alcohol-related violence or disorder means violence or disorder resulting from or related to the consumption of alcohol (whether or not the alcohol is consumed in the place where the violence or disorder occurs); S. 3(1) def. of amenity inserted by No. 39/2002 s. 4(1). amenity has the meaning given by section 3A; S. 3(1) def. of approved advanced RSA program inserted by No. 64/2014 s. 40. approved advanced RSA program means a training program approved by the Commission under section 146E; S. 3(1) def. of approved responsible service of alcohol program inserted by No. 57/2010 s. 4(2), amended by No. 58/2011 s. 51(3). approved responsible service of alcohol program means— (a) an initial training program approved by the Commission under section 26C; or (b) in relation to a person who has previously completed an initial training program referred to in paragraph (a), a refresher training program approved by the Commission under section 26C; S. 3(1) def. of approved responsible service of alcohol program register inserted by No. 57/2010 s. 4(2). approved responsible service of alcohol program register means a register kept by a licensee in accordance with section 108AD;
permittee means the holder of a BYO permit; S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 96.1(a)). police officer has the same meaning as in the Victoria Police Act 2013; premises includes a vehicle, vessel and aircraft; S. 3(1) def. of primary premises inserted by No. 71/2011 s. 4(a). primary premises, in relation to a wine and beer producer's licence under section 13, means premises occupied and used by the licensee— (a) for the production, storage or distribution of liquor that is the licensee's product; and (b) for the supply of liquor that is the licensee's product for consumption on or off the premises; and (c) for the supply of liquor that is not the licensee's product for consumption on the licensed premises; and (d) for the supply of packaged liquor that is the licensee's product to a person who makes an off-premises request; S. 3(1) def. of promotional event inserted by No. 71/2011 s. 4(a). promotional event includes but is not limited to a craft market, farmers' market, commercial market, festival, agricultural show, food and wine event, gallery opening, fair or local event but does not include a major event or horse-racing event; S. 3(1) def. of proof of age card amended by No. 58/2011 s. 104(Sch. item 4.1(b)). proof of age card means a document issued by the Commission under section 176;
S. 3(1) def. of protective services officer inserted by No. 43/2011 s. 29, substituted by No. 37/2014 s. 10(Sch. item 96.1(f)). protective services officer has the same meaning as in the Victoria Police Act 2013; S. 3(1) def. of Register inserted by No. 71/2011 s. 4(a). Register means the Demerits Register established under section 86A; S. 3(1) def. of related body corporate inserted by No. 39/2002 s. 4(2)(a), repealed by No. 39/2002 s. 16(a). * * * * * S. 3(1) def. of related entity amended by No. 44/2001 s. 3(Sch. item 73.1), substituted by No. 39/2002 s. 4(2)(b), repealed by No. 39/2002 s. 16(a). * * * * * S. 3(1) def. of relevant police member inserted by No. 73/2007 s. 4, repealed by No. 57/2010 s. 4(3)(b). * * * * *
member delivers the beer to the customer's house. In this scenario the beer is supplied to the customer at the fridge because that is where it was appropriated to the customer's order. S. 4 amended by No. 59/2009 s. 5(3) (ILA s. 39B(1)). 4 Objects (1) The objects of this Act are— S. 4(1)(a) amended by No. 59/2009 s. 5(1). (a) to contribute to minimising harm arising from the misuse and abuse of alcohol, including by— (i) providing adequate controls over the supply and consumption of liquor; and (ii) ensuring as far as practicable that the supply of liquor contributes to, and does not detract from, the amenity of community life; and S. 4(1)(a)(iii) inserted by No. 88/2001 s. 5. (iii) restricting the supply of certain other alcoholic products; and S. 4(1)(a)(iv) amended by No. 59/2009 s. 5(2). (iv) encouraging a culture of responsible consumption of alcohol and reducing risky drinking of alcohol and its impact on the community; and (b) to facilitate the development of a diversity of licensed facilities reflecting community expectations; and S. 4(1)(c) amended by 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. 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 business if the following conditions are complied with— S. 6A(1)(a) repealed by No. 21/2014 s. 5(1). * * * * * (b) the liquor is not supplied to a minor; and (c) the proprietor of the business or the business purchased the liquor on a retail basis; and
(f) late night licence; (g) pre-retail licence; S. 7(h) amended by No. 71/2011 s. 6. (h) wine and beer producer's licence; (i) limited licence; (j) major event licence; (k) BYO permit. 8 General licence (1) A general licence authorises the licensee— (a) to supply liquor on the licensed premises— (i) during ordinary trading hours; and S. 8(1)(a)(ii) substituted by No. 59/2009 s. 7, amended by No. 58/2011 s. 104(Sch. item 4.9). (ii) between 11 p.m. on any particular day until 1 a.m. on the following day, if so determined by the Commission and specified in the licence; and S. 8(1)(a)(iii) inserted by No. 59/2009 s. 7, amended by Nos 8/2010 s. 4, 58/2011 s. 104(Sch. item 4.9). (iii) subject to section 15A, between a time (not being earlier than 5 a.m.) before the commencement of ordinary trading hours and the commencement of ordinary trading hours on a particular day, if so determined by the Commission and specified in the licence— for consumption on and off the licensed premises; and (b) to supply liquor on the licensed premises at any time to a resident of the licensed premises or a guest of such a resident for consumption on the licensed premises; and
S. 9(1)(b)(ii) amended by Nos 57/2010 s. 7, 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)(b)(iii) amended by Nos 8/2010 s. 5(2), 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 those premises. S. 9(1)(c) inserted by No. 92/2004 s. 12(b), amended by No. 58/2011 s. 104(Sch. item 4.11). (c) if specifically authorised by the Commission, to supply liquor in an open container for consumption in a food court next to, or near, the licensed premises. (2) An on-premises licence is subject to— S. 9(2)(a) repealed by No. 59/2009 s. 8(3). * * * * * (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
(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. 13 amended by No. 58/2011 s. 104(Sch. items 4.30, 4.31), substituted by No. 71/2011 s. 10. 13 Wine and beer producer's licence (1) A wine and beer producer's licence authorises the licensee— (a) to supply liquor that is the licensee's product at any time and on any premises to another licensee; and (b) to supply during ordinary trading hours and at any other time determined by the Commission and specified in the licence— (i) liquor that is the licensee's product for consumption on or off the licensed premises; and (ii) liquor that is not the licensee's product for consumption on the licensed premises; and (c) to supply packaged liquor that is the licensee's product during ordinary trading hours and at any other time determined by the Commission and specified in the licence to a person who makes an off-premises request. (2) A wine and beer producer's licence is subject to— (a) the conditions set out in section 16 (compliance with planning scheme); and (b) if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1) (extended hours); and
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 Commission is satisfied that the supply of liquor— (a) will occur in connection with ANZAC Day commemorative activities; and (b) will be consistent with the solemn observance of that day. (5) This section applies to a licence (other than a temporary limited licence or major event licence) or BYO permit whether granted before or after the commencement of section 13 of the Liquor Control Reform Amendment (ANZAC Day) Act 2010. (6) This section applies to a temporary limited licence or major event licence granted after the commencement of section 13 of the Liquor Control Reform Amendment (ANZAC Day) Act 2010. (7) This section does not apply to a licence held by the Returned and Services League or a sub-branch of the Returned and Services League.
(a) takes place on a winery owned or occupied by the licensee; or (b) is connected with the business activities of a winery owned or occupied by the licensee. (2) Section 15A(3) does not prohibit the supply of liquor at any time between 5 a.m. and 12 noon on ANZAC Day under a licence if that supply— (a) takes place on a winery owned or occupied by the licensee; or (b) is connected with the business activities of a winery owned or occupied by the licensee. (3) In this section— winery means a vineyard or orchard containing fruit-bearing vines or fruit trees from which liquor is produced. S. 15E inserted by No. 57/2010 s. 10. 15E Sexually explicit entertainment licence (1) This section applies to a licence that is subject to a condition relating to the provision of sexually explicit entertainment. (2) The renewal fee for a licence to which this section applies is— (a) if no non-compliance incidents relate to the licence in the relevant period, 2566·30 fee units; or (b) if there are one or 2 non-compliance incidents that relate to the licence in the relevant period, 3849·44 fee units; or (c) if there are 3 or more non-compliance incidents that relate to the licence in the relevant period, 5132·59 fee units. fees
Division 3—Restrictions on grant of licences and BYO permits 22 Certain premises not to be licensed S. 22(1) amended by No. 58/2011 s. 104(Sch. item 4.48). (1) The Commission must not grant a licence or BYO permit in respect of— (a) premises used primarily as a drive-in cinema; or (b) premises used primarily as a petrol station; or S. 22(1)(c) amended by No. 58/2011 s. 104(Sch. item 4.48). (c) premises that, in the opinion of the Commission, are used primarily as a milk bar, convenience store or mixed business; or S. 22(1)(ca) inserted by No. 92/2004 s. 5, amended by Nos 58/2011 s. 104(Sch. item 4.48), 71/2011 s. 14(1) (as amended by No. 43/2012 s. 3(Sch. item 27)). (ca) premises that, in the opinion of the Commission, are intended by the occupier of the premises to be primarily used by people under the age of 18 years, unless the Commission is satisfied that the grant of a licence or permit would not present a specific risk of supply of liquor to a person under the age of 18 years; or (d) premises in a class of premises prescribed for the purposes of this section. S. 22(2) amended by No. 58/2011 s. 104(Sch. item 4.48). (2) The Commission, with the approval of the Minister, may grant a licence in respect of premises referred to in subsection (1)(c) if the Minister is satisfied that the area in which the premises are situated is a tourist area or an area with special needs and that there are not adequate existing facilities or arrangements for the supply of liquor in the area.
under subsection (2), if the Commission thinks it is appropriate to do so. S. 26B(4) amended by No. 58/2011 s. 104(Sch. item 4.54). (4) In making a decision under subsection (3), 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 subsection (2). S. 26B(5) amended by No. 58/2011 s. 104(Sch. item 4.54). (5) The Commission may grant an exemption under subsection (3) for the period and on any conditions the Commission determines. S. 26B(6) amended by No. 58/2011 s. 104(Sch. item 4.54). (6) The Commission may revoke an exemption granted under subsection (3) by notice in writing. New s. 26C inserted by No. 57/2010 s. 11, amended by No. 58/2011 s. 104(Sch. item 4.55). 26C Approval of responsible service of alcohol programs The Commission may, from time to time, approve initial training programs and refresher training programs to be approved responsible service of alcohol programs for the purposes this Act. Pt 2 Div. 3A (Heading and ss 26A–26K) inserted by No. 21/2001 s. 9, amended by Nos 44/2001 s. 3(Sch. items 39/2002 s. 8, repealed by No. 39/2002 s. 16(b). * * * * *
29 Application for variation of licence or BYO permit S. 29(1) amended by No. 58/2011 s. 104(Sch. item 4.60). (1) An application to the Commission for the variation of a licence or BYO permit may be made by— (a) the licensee or permittee; or (b) the Chief Commissioner or a licensing inspector; or (c) the persons referred to in section 32(1)(a) or (b) in connection with an application for the transfer of the licence or permit. (2) A variation of a licence or BYO permit may include— S. 29(2)(aa) inserted by No. 59/2009 s. 18(1). (aa) a variation of the category of licence held by the licensee; (a) a variation of the times outside ordinary trading hours at which the licence or permit authorises the supply of liquor; (b) a variation of the size or perimeter of the licensed premises; (c) a variation of a condition of the licence or permit (other than a condition imposed by this Act); (d) the imposition of a new condition on the licence or permit; (e) the removal of a condition of the licence or permit (other than a condition imposed by this Act). (3) An application under subsection (1) must— S. 29(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.60). (a) be in a form approved by the Commission; and
S. 35(1A) inserted by No. 59/2009 s. 21(2), amended by No. 70/2013 s. 3(Sch. 1 item 26.2). (1A) Subsection (1) does not apply to a prescribed variation of a licence. S. 35(2) amended by Nos 59/2009 s. 21(3), 58/2011 s. 104(Sch. item 4.70). (2) The Commission may direct an applicant for the grant, variation or relocation of a licence to cause notice of the application to be advertised in a newspaper circulating in the area— (a) in which the premises to which the application relates are or are to be situated; or (b) to which the licensed premises are sought to be relocated— or to be advertised in the manner directed by the Commission under subsection (3)(b). S. 35(2A) inserted by No. 59/2009 s. 21(4). (2A) Subsection (2) applies to a prescribed variation of a packaged liquor licence, late night (packaged liquor) licence or prescribed licence but does not otherwise apply to a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence. S. 35(3) amended by No. 58/2011 s. 104(Sch. item 4.70). (3) The Commission may— (a) specify the newspaper in which notice of an application, or of applications of a specified class, is or are to be advertised; S. 35(3)(b) amended by No. 58/2011 s. 104(Sch. item 4.70). (b) direct that an application, or applications of a specified class, is or are to be advertised in another manner specified by the Commission. S. 35(4) amended by No. 58/2011 s. 104(Sch. item 4.70). (4) A notice referred to in subsection (1) or (2) must comply with any requirements specified by the Commission as to size and the information contained in it.
grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the licensed premises or proposed licensed premises are situated. S. 38(1A) inserted by No. 39/2002 s. 11(1), amended by No. 59/2009 s. 22. (1A) In addition to the ground referred to in subsection (1), any person may object to the grant, variation or relocation of a packaged liquor licence or late night (packaged liquor) licence on the ground that the grant, variation or relocation would be conducive to or encourage the misuse or abuse of alcohol. (2) An objection must— S. 38(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.75). (a) be made to the Commission in writing within 30 days after the day on which notice of the application for the grant, variation or 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 (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. (3) An objection must— S. 39(3)(a) amended by No. 58/2011 s. 104(Sch. item 4.76). (a) be made to the Commission in writing within 21 days after the day on which a copy of the application for the grant, variation, transfer or relocation was given to the Chief Commissioner under section 33(1); and (b) state the grounds of, and the reasons for, the objection. 40 Objection by local council (1) The Council of the municipal district in which premises are situated may object to— (a) the grant or variation of a licence in respect of those premises; or (b) the relocation of a licence to those premises— on the ground that the grant, variation or relocation would detract from or be detrimental to the amenity of the area in which the premises are situated. S. 40(1A) inserted by No. 39/2002 s. 11(2). (1A) In addition to the ground referred to in subsection (1), the Council of the municipal district in which premises are situated may object to— S. 40(1A)(a) amended by No. 59/2009 s. 23. (a) the grant or variation of a packaged liquor licence or late night (packaged liquor) licence in respect of those premises; or
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 (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. 53(2A) inserted by No. 13/2013 s. 26. (2A) Subsection (2) does not apply in respect of an offence against a provision specified in section 53A(2), 53B(2) or 53C(2) that is alleged to have been committed by a body corporate. S. 53(3) amended by No. 71/2011 s. 17(2). (3) If a club licence is granted to a person on behalf of an unincorporated club, the members of the committee of management of the club are severally liable as if they were the licensee. (4) Subsection (2) or (3) does not apply at any time when a nominee of the body corporate or club (as the case requires) is in place under section 54. (5) Nothing in subsection (4) affects or limits the application of Part 6. S. 53A inserted by No. 13/2013 s. 27. 53A Criminal liability of officers of bodies liability (1) If a body corporate commits an offence against a provision specified in subsection (2) or a body corporate is under section 106A(3) liable for such an offence, an officer of the body corporate also corporate—
62 Power to owner and others to renew licence S. 62(1) amended by No. 58/2011 s. 104(Sch. item 4.115). (1) If a licensee or permittee has failed to renew the licence or BYO permit by 30 June next following the day on which the licence or permit ceased to be in force— (a) the owner of the licensed premises (if he or she was not that licensee or permittee); or (b) a mortgagee of the licensed premises; or (c) any other person prejudicially affected by the failure— may apply to the Commission for renewal of the licence in the name of the applicant or a person nominated by the applicant if the applicant is entitled to possession of the premises. (2) An application under subsection (1) must be— S. 62(2)(a) amended by No. 58/2011 s. 104(Sch. item 4.115). (a) made by 30 September next following the day on which the licence or permit ceased to be in force or within such later time as the Commission determines; and S. 62(2)(b) amended by No. 58/2011 s. 104(Sch. item 4.115). (b) in a form approved by the Commission; and (c) accompanied by the prescribed renewal fee. S. 62(3) amended by No. 58/2011 s. 104(Sch. item 4.115). (3) The Commission must give a copy of an application under this section to the Chief Commissioner. (4) The Chief Commissioner may object to the application on the ground that the applicant or nominated person is not a suitable person to hold the licence or permit. (5) An objection must—
S. 63(4) amended by No. 58/2011 s. 104(Sch. item 4.116). (4) After the period referred to in subsection (3) (or that period as extended under section 174) has expired, the Commission— (a) must accept the surrender if no objections have been made; or (b) if any objection has been received, must decide whether or not to accept the surrender after considering the objection. 64 Release of licensee or permittee S. 64(1) amended by No. 58/2011 s. 104(Sch. item 4.117). (1) A licensee or permittee who desires to vacate licensed premises of which the licensee or permittee has been a tenant may apply to the Commission for release from their obligations under this Act. S. 64(2) amended by No. 58/2011 s. 104(Sch. item 4.117). (2) On an application under subsection (1), the Commission, if satisfied that the tenancy of the premises has expired, may— (a) release the licensee or permittee from their obligations under this Act in respect of the licensed premises; and (b) suspend the licence or BYO permit until it has been transferred or another person has been authorised under this Act to carry on the business under the licence or permit. 65 Partner leaving partnership S. 65(1) amended by No. 58/2011 s. 104(Sch. item 4.118). (1) If the Commission is satisfied that a member of a partnership that is a licensee or permittee has left the licensed premises and has no intention of returning to the premises to take up his or her duties as a licensee or permittee, the Commission may remove the name of that person from the licence or BYO permit.
(3) Section 44(3) applies to the determination of an application under this section. S. 85 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.136). S. 85 amended by No. 58/2011 s. 104(Sch. item 4.137) 85 Endorsement at initiative of Commission If— (a) a licensee or permittee— (i) dies; or (ii) becomes a represented person within the meaning of the Guardianship and Administration Act 1986; or (iii) becomes an insolvent under administration; or S. 85(a)(iv) amended by No. 44/2001 s. 3(Sch. item 73.5). (iv) becomes an externally-administered body corporate within the meaning of the Corporations Act; and (b) an application is not made under section 80 for endorsement of the licence or BYO permit— the Commission may endorse the licence or permit with the name of a person nominated by the Commission. 86 Effect of endorsement A person whose name is endorsed on a licence or BYO permit under this Part or under section 93— (a) may carry on the business under the licence or permit; and (b) is liable under this Act as if the person were the licensee or permittee; and (c) may apply for renewal of the licence or permit under Division 8 of Part 2 in the
S. 97A inserted by No. 73/2007 s. 19. 97A Service of breach notice S. 97A(1) substituted by No. 8/2009 s. 13(1), amended by Nos 58/2011 s. 59(1), 64/2014 s. 45. (1) The Commission may serve a breach notice in writing on a licensee if the Commission believes on reasonable grounds that the licensee has engaged in conduct that would constitute grounds for disciplinary action in relation to the licensee under Division 1. S. 97A(2) substituted by Nos 8/2009 s. 13(1), 58/2011 s. 59(2). (2) A breach notice may be served on a licensee whether or not— (a) the Commission has conducted an inquiry under section 91 or 94 of its own motion or at the request of— (i) the Chief Commissioner of Police; or (ii) a licensing inspector; or (iii) the Council in which the licensed premises are situated; (b) the licensee's licence has been suspended under section 96B(1) or a notice has been served on the licensee under section 96B(2). (3) A breach notice must— S. 97A(3)(a) amended by No. 58/2011 s. 59(3). (a) specify the conduct which the licensee is believed to have engaged in and the grounds for the Commission's belief; (b) state the time period within which the licensee must respond to the notice, that time period being not less than 14 days from the date of service of the notice;
(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. 98 Owners and mortgagees of licensed premises A person who is the owner or a mortgagee of licensed premises— S. 98(a) amended by No. 58/2011 s. 104(Sch. item 4.139). (a) must register with the Commission their name and their address for service within ; and
S. 101B(1)(b) amended by Nos 58/2011 s. 104(Sch. item 4.149), 21/2015 s. 3(Sch. 1 item 31.1). (b) certified by the Commission under section 101A— (whichever is the later document). 10 penalty units. S. 101B(2) amended by Nos 8/2009 s. 14, 58/2011 s. 104(Sch. item 4.150), 37/2014 s. 10(Sch. item 96.5). (2) The licensee or permittee must produce a copy of the plan or depiction for inspection if asked to do so by a police officer or a gambling and liquor inspector. 10 penalty units. Note to s. 101B inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). S. 102 (Heading) inserted by No. 58/2011 s. 104(Sch. item 4.151). 102 Notices required by the Commission must be displayed S. 102(1) amended by No. 58/2011 s. 104(Sch. item 4.152). (1) A licensee or permittee must cause to be displayed on the licensed premises any notice that the Commission requires the licensee or permittee to display. 5 penalty units. S. 102(2) amended by No. 58/2011 s. 104(Sch. item 4.152). (2) In displaying a notice, the licensee or permittee must comply with any requirements imposed by the Commission concerning the size, format or manner of display of the notice. 5 penalty units.
Note to s. 102 inserted by No. 13/2013 s. 29(3). Note Section 53A applies to an offence against subsection (1) or (2). 103 Change of directors S. 103(1) amended by No. 58/2011 s. 104(Sch. item 4.153). (1) If a person ceases to be a director of a body corporate that is a licensee or permittee, the licensee or permittee must notify the Commission in writing within 14 days after the person so ceases. 5 penalty units. S. 103(2) amended by No. 58/2011 s. 104(Sch. item 4.153). (2) A body corporate that is a licensee or permittee must not appoint a person as, or allow a person to become, a director of the body corporate without the approval of the Commission under section 104. 5 penalty units. (3) This section does not apply to— (a) a licensee or permittee that is— (i) a Council; or S. 103(3)(a)(ii) substituted by Nos 24/2006 s. 6.1.2(Sch. 7 item 26), 8/2009 s. 15(1). (ii) a university or a TAFE institute; or S. 103(3)(a)(iii) repealed by No. 24/2006 s. 6.1.2(Sch. 7 item 26). * * * * * (b) a licensee under a club licence.
S. 104(2) amended by No. 58/2011 s. 104(Sch. item 4.156). (2) The Commission must give a copy of an application under this section to the Chief Commissioner. (3) The Chief Commissioner may object to the application on the ground that the person is not a suitable person to be a director of the licensee or permittee. (4) An objection must— S. 104(4)(a) amended by No. 58/2011 s. 104(Sch. item 4.157). (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; and (b) state the reasons for the objection. S. 104(5) amended by No. 58/2011 s. 104(Sch. item 4.158). (5) After the period referred to in subsection (4)(a) (or that period as extended under section 174) has expired, the Commission must approve or refuse to approve the person as a director, after considering any objection made under subsection (3). 105 No letting or sub-letting without consent S. 105(1) amended by Nos 92/2004 ss 23(2)(a), 27, 58/2011 s. 104(Sch. item 4.159). (1) A licensee or permittee must not let or sub-let any part of the licensed premises or assign the right to supply liquor without the consent of the Commission. 60 penalty units. Note to s. 105(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection.
inform the person, at the time the request was made, that it is an offence to fail to comply with the request. S. 106I inserted by No. 12/2011 s. 4. 106I Variation and revocation of barring order S. 106I(1) amended by No. 37/2014 s. 10(Sch. item 96.8). (1) A licensee, permittee, responsible person or police officer who issues a barring order may, by subsequent order served on a person, revoke or vary that order. S. 106I(2) amended by No. 58/2011 s. 104(Sch. item 4.173 (a)(b)). (2) The Commission may, either upon request or on the Commission's own motion, vary or revoke a barring order. (3) For the purposes of subsection (2), a request may only be made by— (a) a licensee, permittee, or responsible person in respect of the licensed premises to which the order relates; or S. 106I(3)(b) amended by No. 37/2014 s. 10(Sch. item 96.8). (b) a police officer; or (c) the person the subject of the order. S. 106I(4) amended by No. 58/2011 s. 104(Sch. item 4.173(c)). (4) If the Commission varies or revokes a barring order under subsection (2), the Commission must— (a) serve notice of the variation or revocation on the person the subject of the barring order; and (b) give a copy of the variation or revocation to the person who issued the order; and
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)), 56/2014 s. 62(1)(a). (b) on ANZAC Day on any premises approved under section 2.2.4(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)), 56/2014 s. 62(1)(b). (c) not more than 7 days before ANZAC Day on any premises at which a function is being held to which section 2.2.4(2) of the Gambling Regulation Act 2003 applies. S. 108(4) inserted by No. 73/2007 s. 21(2). (4) A licensee or permittee— (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.
(b) the extent of the burden imposed on the licensee by the requirement under sections 108AA to 108AE. S. 108B inserted by No. 92/2004 s. 29. 108B Corporate licensee must provide details of directors S. 108B(1) amended by Nos 8/2009 s. 17(b), 58/2011 s. 104(Sch. item 4.179), 37/2014 s. 10(Sch. item 96.11(a)). (1) A licensee who is a body corporate (other than a club) must give a list of the names and addresses of its directors as at a specified date to a police officer or a gambling and liquor inspector within 48 hours after being asked to do so by the police officer or inspector. 10 penalty units. Note to s. 108B(1) inserted by No. 13/2013 s. 29(1). Note Section 53A applies to an offence against this subsection. S. 108B(2) amended by Nos 8/2009 s. 17(b), 58/2011 s. 104(Sch. item 4.179), 37/2014 s. 10(Sch. item 96.11(b)). (2) A licensee who is a club must give a list of the names and addresses of the members of its committee of management as at a specified date to a police officer or a gambling and liquor inspector within 48 hours after being asked to do so by the police officer or inspector. 10 penalty units. S. 108B(3) amended by Nos 8/2009 s. 17(c), 37/2014 s. 10(Sch. item 96.11(c)). (3) In responding to a request under this section, a licensee must not give the police officer or inspector any information that is false or misleading. 20 penalty units. (4) It is a defence to a prosecution under subsection (3) for the defendant to prove that when the information was given the defendant— (a) believed on reasonable grounds that the false matter was true; or
(d) premises where light refreshments and drinks are sold to the public for consumption on the premises but where meals are not ordinarily served to the public for consumption on the premises. S. 113A inserted by No. 88/2009 s. 7. 113A Consumption of liquor on party buses (1) A person who is the operator of a party bus must not permit or allow any liquor to be consumed on the party bus in the prescribed circumstances unless a licence or a BYO permit is in force in respect of the party bus. 50 penalty units. (2) It is a defence to a prosecution for an offence under subsection (1) for the accused to prove that— (a) the accused did not knowingly permit or allow the consumption of liquor on the party bus; and (b) the accused had taken reasonable steps to ensure the liquor was not consumed on the party bus. (3) For the purposes of subsection (1) the prescribed circumstances are that the party bus— (a) is operating on or after 8 p.m. on a particular day and before 5 a.m. on the following day; and (b) is operating— (i) in a designated area; or (ii) for the purpose of carrying passengers travelling to or from or visiting a designated area.
(4) In this section— Australian Design Rules means the Australian Design Rules for Motor Vehicles and Trailers, endorsed by the Australian Transport Advisory Council and published pursuant to section 7 of the Motor Vehicle Standards Act 1989 of the Commonwealth; bus means— (a) a motor vehicle that has been built— (i) with seating positions for 10 or more adults (including the driver); and (ii) to comply with the requirements specified in the Australian Design Rules for a passenger omnibus (within the meaning of those Rules); or (b) a motor vehicle prescribed to be a bus— but does not include— (c) a vehicle that is a taxi-cab in respect of which a taxi-cab licence is granted under the Transport Act 1983; or (d) a motor vehicle prescribed not to be a bus; community and private bus service means a service— (a) consisting of the carriage of passengers by a bus for or in connection with the activities of a religious, educational, health, welfare, philanthropic, sporting or social body; 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 (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 Nos 114/2003 s. 12.1.3 (Sch. 6 item 9.3(c)), 56/2014 s. 62(2)(b). (ii) a function to which section 2.2.4(2) 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 irresponsible consumption of alcohol or is otherwise not in the public interest. (2) A licensee to whom a notice applies must comply with the notice. 120 penalty units. Note to s. 115A(2) inserted by No. 13/2013 s. 29(4). Note Section 53C applies to an offence against this subsection.
S. 119(2) amended by Nos 92/2004 s. 23(2)(a), 56/2014 s. 57(1). (2) If liquor is supplied to a person under the age of 18 years on the licensed premises or any authorised premises of a licensee or permittee, the licensee or permittee is guilty of an offence. 120 penalty units. S. 119(3) amended by Nos 92/2004 s. 23(2)(a), 56/2014 s. 57(1). (3) A person, other than— (a) a licensee or permittee; or (b) an employee of a licensee acting or purporting to act in the course of his or her employment— must not supply liquor to a person under the age of 18 years. 120 penalty units. S. 119(4) amended by Nos 92/2004 s. 23(2)(c), 56/2014 s. 57(2). (4) An employee of a licensee acting or purporting to act in the course of his or her employment must not supply liquor to a person under the age of 18 years. 20 penalty units. (5) Subsections (1), (2), (3) and (4) do not apply— (a) to the supply of liquor to a person under the age of 18 years for consumption as part of a meal if the person is accompanied by his or her spouse, being a person of or over the age of 18 years, or his or her parent or guardian; or (b) to the supply of liquor to the spouse or a member of the family of the licensee or permittee; or (c) to the supply of liquor on licensed premises to a spouse of a resident of those premises if the resident is of or over the age of 18 years; or
S. 141(2)(aab) inserted by No. 57/2010 s. 21(1). (aab) section 99A (free drinking water to be provided); S. 141(2)(ab) inserted by No. 92/2004 s. 36(a). (ab) section 100 (except paragraph (d)) (residents' register); (b) section 101 (failure to display licence or permit on licensed premises); S. 141(2)(ba) inserted by No. 92/2004 s. 36(b), amended by No. 8/2009 s. 21(2)(b). (ba) section 101B(2) (failure to produce plan of premises on request); (c) section 102 (failure to display notice on licensed premises or to comply with requirements for display); (d) section 103 (failure to notify change of director or obtain approval for new director); S. 141(2)(daa) inserted by No. 32/2006 s. 86(1)(a), amended by No. 58/2011 s. 104(Sch. item 4.205(a)). (daa) section 103A(2) (failure to notify the Commission in writing within 14 days of a person ceasing to be an associate of a licensee or permittee or a person becoming an associate of a licensee or permittee); S. 141(2)(da) inserted by No. 92/2004 s. 36(c). (da) section 105 (no letting or sub-letting without consent); 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(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);
(b) state a name or rank that is false in a material particular; or S. 148D(5)(c) amended by No. 37/2014 s. 10(Sch. item 96.22(e)(ii)). (c) state as his or her place of duty an address other than the name of the police station which is the police officer's ordinary place of duty; or (d) refuse to comply with the request in writing if requested to do so. 5 penalty units. S. 148D(6) amended by No. 37/2014 s. 10(Sch. item 96.22(f)). (6) If a person states a name and address in response to a request made under subsection (1) and the police officer who made the request suspects on reasonable grounds that the stated name or address may be false, the police officer may request the person to produce evidence of the correctness of the name and address. (7) The person must comply with the request, unless he or she has a reasonable excuse for not doing so. 5 penalty units. S. 148D(8) amended by No. 37/2014 s. 10(Sch. item 96.22(f)). (8) It is not an offence for a person to fail to comply with a request made under subsection (1) or (6) if the police officer who made the request did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request. S. 148E inserted by No. 73/2007 s. 5. 148E Variation and revocation of banning notice S. 148E(1) amended by Nos 57/2010 s. 25, 37/2014 s. 10(Sch. item 96.23). (1) A police officer of or above the rank of sergeant may vary or revoke a banning notice at any time, by notice in writing given to the person to whom the notice applies.
S. 148K inserted by No. 73/2007 s. 5. 148K Direction to leave designated area or licensed premises (1) This section applies if a person to whom an exclusion order applies is in the designated area or licensed premises in contravention of the order. S. 148K(2) amended by No. 37/2014 s. 10(Sch. item 96.26(a)). (2) Subject to subsection (3), a police officer may direct the person to leave the designated area or the licensed premises (as the case requires) in the manner, if any, directed by the police officer. S. 148K(3) amended by No. 37/2014 s. 10(Sch. item 96.26(b)(i)). (3) A police officer must— S. 148K(3)(a) amended by No. 37/2014 s. 10(Sch. item 96.26(b)(ii)). (a) produce proof of his or her identity and official status before exercising a power under subsection (2) unless the police officer is in uniform; and (b) inform the person that— S. 148K(3) (b)(i) amended by No. 37/2014 s. 10(Sch. item 96.26(b)(i)). (i) the police officer is empowered to direct the person to leave the designated area or licensed premises (as the case requires); and (ii) it is an offence to fail to comply with the direction; and (c) make all reasonable attempts to ensure that the person understands the direction. (4) A direction under subsection (2)— (a) may be given orally or in writing; and (b) must be reasonable in all the circumstances.
S. 148L inserted by No. 73/2007 s. 5. 148L Police may use reasonable force to remove person S. 148L(1) amended by No. 37/2014 s. 10(Sch. item 96.27). (1) A police officer, using no more force than is reasonably necessary, may— (a) prevent a person from entering or reentering, or attempting to enter or reenter, a designated area or licensed premises contrary to section 148J(1); (b) remove a person from a designated area or licensed premises after the person has refused to comply with a direction under section 148K. S. 148L(2) amended by No. 37/2014 s. 10(Sch. item 96.27). (2) Nothing in this section limits any powers of arrest that a police officer has under any other law. (3) Any action taken under this section does not prevent the institution of proceedings in respect of an offence. S. 148M inserted by No. 73/2007 s. 5. 148M Variation of exclusion order (1) Any of the following may apply to the court that made an exclusion order for variation of the order— (a) the person to whom the order applies; (b) the Director of Public Prosecutions; S. 148M(1)(c) substituted by No. 37/2014 s. 10(Sch. item 96.28). (c) a police officer. (2) On application under subsection (1), the court may vary the exclusion order in any way the court considers appropriate, if the court is satisfied that facts or circumstances have arisen since the
S. 148ZQ inserted by No. 64/2010 s. 7. 148ZQ Giving advice or a decision in writing or orally S. 148ZQ(1) amended by No. 58/2011 s. 104(Sch. item 4.224). (1) A fire safety inspector may give advice under section 148ZC, 148ZF or 148ZO to the Commission in writing or orally. S. 148ZQ(2) amended by No. 58/2011 s. 104(Sch. item 4.224). (2) The Commission may advise a fire safety inspector of an instruction or decision under section 148ZD, 148ZF or 148ZP in writing or orally. S. 148ZQ(3) amended by No. 58/2011 s. 104(Sch. item 4.224). (3) If a fire safety inspector signs and serves a document under this Part after receiving oral advice as to an instruction or direction of the Commission, a copy of the document must be provided to the Commission within 48 hours. S. 148ZQ(4) amended by No. 58/2011 s. 104(Sch. item 4.224). (4) If the Commission has advised the fire safety inspector orally as to an instruction or direction under this Part, the Commission must provide a copy of the record of decision or instruction to the fire safety inspector within 5 working days of giving advice of the instruction or decision orally. Division 4—Delegation
(c) the number of patrons; (d) any activities carried out by a licensee or permittee that reduce the risk of harm arising from the operation of a licence or permit; (e) the previous conduct of a licensee or permittee in carrying out activities under a licence or permit; (f) the previous history of a licensee or permittee in complying with this Act and the regulations; (g) any other factors consistent with the objects of this Act. S. 180(6) inserted by No. 59/2009 s. 29(2). (6) A fee provided for by the regulations is not limited to an amount that is to the cost of providing a service. S. 181 repealed by No. 21/2001 s. 13. * * * * * S. 182 amended by No. 58/2011 s. 64(1) (ILA s. 39B(1)). 182 Savings and transitional provisions (1) Schedule 3 has effect. S. 182(2) inserted by No. 58/2011 s. 64(1). (2) Schedule 4 has effect.
An offence against section 5(1A) of the Control of Weapons Act 1990. Sch. 2 item 8 amended by No. 71/2011 s. 30. 8 Failure to leave licensed premises An offence against section 114(2) of this Act. Section 182 Sch. 3 Pt 1 (Heading) inserted by No. 71/2011 s. 31(1). Part 1—General provisions 1 Definitions In this Schedule— commencement day means the day on which Part 11 of this Act comes into operation; Commission means the Liquor Licensing Commission established under the repealed Act; licence includes a licence within the meaning of the repealed Act; licensed premises includes licensed premises within the meaning of the repealed Act; licensee includes a licensee within the meaning of the repealed Act; permit includes a permit granted under the repealed Act; Sch. 3 cl. 1 def. of repealed Act amended by No. 23/2002 s. 197(1)(a). repealed Act means the Liquor Control Act 1987;
Control Reform Amendment Act 2010 is a body corporate and the person responsible for the management or control of the licensed premises has not completed a responsible service of alcohol program in the 3 years before that commencement, the licensee must ensure the person completes an approved responsible service of alcohol program within 12 months of that commencement. 60 penalty units. (4) A licensee (except a body corporate) of a general licence, on-premises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 who has completed a responsible service of alcohol program in the 3 years before that commencement, must complete an approved responsible service of alcohol program within the later of the following periods— (a) the period commencing on that commencement and the period ending 3 years from the date on which the licensee completed the responsible service of alcohol program; (b) the period ending 12 months from that commencement. 60 penalty units. (5) If a licensee of a general licence, onpremises licence, packaged liquor licence or late night licence that was existing immediately before the commencement of section 19 of the Liquor Control Reform Amendment Act 2010 is a body corporate and the person responsible for the management or control of the licensed premises
In this Schedule— commencement day means the day on which section 64 of the Victorian Commission for Gambling and Liquor Regulation Act 2011 comes into operation; Director means the Director of Liquor Licensing appointed under section 149 as in force immediately before the commencement day; LCRA licence or permit means— (a) a general licence; (b) an on-premises licence; (c) a restaurant and cafe licence; (d) a club licence; (e) a packaged liquor licence; (f) a late night licence; (g) a pre-retail licence; (h) a vigneron's licence; (i) a limited licence; (j) a major event licence; (k) a BYO permit; liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective; new Commission means Victorian Commission for Gambling and Liquor Regulation established under Part 2 of the Victorian Commission for Gambling and Liquor Regulation Act 2011;