Liquor Control Act 1987 (Vic)

No judgment structure available for this case.

Version No. 042

Liquor Control Act 1987

Act No. 97/1987

Version incorporating amendments as at 1 December 1998

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purpose 1
2. Commencement 1
3. Definitions 8
4. Repealed 8
4A. Minister empowered to reduce distances for purposes of
definition of authorised gaming visitor 8

4B. Repealed 9

5. Object 9
6. Co-ordinating Council 9
7. Act not to apply in certain cases 11

PART 2—LIQUOR LICENSING COMMISSION 14
Division 1—The Commission 14

8. The Commission 14
9. Investigations by Commission 14
Division 2—The Commissioner, Deputy Commissioner and Assistant

Commissioners 15

10. Appointment 15
11. Qualification for appointment of Commissioner and Deputy
Commissioner 16
12. Terms of appointment 16
13. Remuneration and allowances 16
14. Superannuation 16
15. Acting appointments 17
16. Delegation 19
17. Outside employment 20
18. Leave of absence 20
19. Removal from office 20
20. Resignation 21

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Section Page

21. Disclosure of interests 21
22. Immunity 21

Division 3—Proceedings of the Commission 22

23. Commission to be constituted by one member 22
24. Procedure of Commission 22
25. Preliminary conferences 22
26. Hearings to be in public except in special circumstances 24
27. Opportunity to make submissions concerning evidence 26
28. Powers of Commission 26
29. Failure of witness to attend 28
30. Refusal to be sworn or to answer questions 28
31. Contempt of Commission 29
32. Power of Commission to dismiss application or strike out party 29
33. Reasons for and effect of review of determination 30
34. Costs 31

Division 4—Chief Executive Officer and Staff 32

35. Chief Executive Officer 32
36. Terms of appointment 32
37. Remuneration and allowances 32
38. Superannuation 33
39. Acting appointment 33
40. Delegation 34
41. Removal from office 34
42. Resignation 34
43. Functions of Chief Executive Officer 35
44. Licensing inspectors 35
45. Registrar and employees 36

PART 3—SALE, DISPOSAL AND CONSUMPTION OF LIQUOR 37
Division 1—Licences and Permits 37

46. Residential licence 37
47. General licence 38
48. Club licence 39
49. Producer's or distributor's licence 42
50. On-premises licence 44
51. Packaged liquor licence 46
52. Limited licence 47
53. Extended hours permit 48
54. BYO permit 48

Division 2—Additional Authority of Licences and Permits 49

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Section Page

55. 30-minute period for consumption of liquor after hours 49
56. Gratuitous supply of liquor 50
57. Bringing of liquor onto licensed premises 50

Division 3—Special Provisions Applying to Clubs 51

58. Club licence subject to certain conditions 51
59. Special provisions for certain sporting clubs 53
Division 4—Restrictions on Applications and Grant of Licences and

Permits 53

60. Certain premises not to be licensed 53
61. Limit on licences held by corporations 54
62. Second application not permitted within one year 54
Division 5—Grant, Variation, Transfer and Removal of Licences and

Permits 55

63. Application for grant of licence or BYO permit 55
64. Application for grant of extended hours permit 59
65. Application for variation 61
66. Procedure on request for variation by licensing inspector or Chief
Executive Officer 62
67. Application for removal of licences and permits 63
68. Applications for planning permits etc. lodged with Commission 64
69. Application for transfer 64
70. Copy of application to be given to police and to municipality 66
71. Objection by police 67
72. Advertisement of application 67
73. Exemptions for limited licences 69
74. Representations as to community interest 69
75. Objection to grant or transfer of licence or permit 71
76. Recommendation as to community interest 74
77. Grant of application where no objection 75
78. Procedure where objection made 76
79. Hearing before Commission 76
80. Conditional licence or permit 77
81. Transfer of licence or permit may be subject to conditions 78
82. Fee to be paid before grant of licence or permit 78
83. Period of licence, permit or extended hours permit 78
84. Form of licence or permit and endorsements 78
85. Copy of licence or permit 79
86. Nominee of licensee or permittee 79
87. Transfer of licence or permit to incorporated association 80
88. Concurrent dealing with transfer and removal 80
89. Effect of transfer or removal 81

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Section Page

Division 6—Renewal of Licences and Permits 81

90. Fee for renewal 81
91. Notice of failure to renew licence to be given to owner etc. 82
92. Power to owner and others to renew licence in certain cases 82

Division 7—Executors etc. 83

93. Power to executors trustees etc. to carry on business 83
94. Effect of endorsements 84
95. Renewal of endorsed licence 85
96. Licence or permit lapses if not endorsed 85
97. Rights and duties of executors or administrators 85

Division 8—Surrender, Cancellation etc. 86

98. Surrender of licence or permit 86
99. Release of licensee or permittee 87

100. Partner leaving partnership 87
101. Cancellation and suspension 88
102. Owner may carry on business under cancelled licence etc. 90
103. Disqualification 91
104. Effect of suspension of licence 93

Division 9—Appeals 93

105. Review by Full Commission 93

Division 10—Casino premises 94

105A. Definitions 94
105B. Application in respect of casino premises 94
105C. Grant of application 95

Division 11—Australian Grand Prix 95

105D. Definitions 95
105E. Application in respect of declared area 95
105F. Grant of application 96
PART 4—OBLIGATIONS OF OWNERS, MORTGAGEES,

LICENSEES AND PERMITTEES 97

106. Owners and mortgagees of licensed premises 97
107. Refreshments to be available 97
108. Residents' register 97
109. Repealed 99
110. Name of licence to be affixed on premises 98

110A. Notices required by the Commission must be displayed 98

111. Licensees and permittees to give notice of certain changes 98
112. Alteration of premises 99
112A, 112B. Repealed 101

iv

Section Page
PART 5—FEES 101

113. Fees for licences, permits and extended hours permits 101
114–119. Repealed 103

119A. Treasurer may make payments 103
119B. Treasurer may require information 103
119C. Records to be made and kept by producers and distributors 104

PART 6—OFFENCES AND LEGAL PROCEEDINGS 105
Division 1—Offences 105

120. Sub-letting prohibited 105
121. Control of business of supply of food and liquor 105
122. Offences by licensee and permittee 106
123. Offence to sell liquor without licence 107
124. Offence of holding out 108
125. Offence to take orders at unlicensed premises 108
126. Offence to procure transfer by fraud 109
127. Offence of selling or supplying liquor to minors 109
128. Offence for licensee or permittee to allow minors on certain

premises 111

129. Offence to send minor to obtain liquor 113
130. Licensee not to permit minor to sell liquor 113
131. Offences by minors 113
131A. Wrongful dealing in evidence of age document 116
132. Offence to bring liquor to premises outside trading hours 117
133. Offence to keep liquor for sale in unlicensed club 117
134. Offences by persons other than licensee or permittee 117
135. Offence to consume or have liquor in milk bars etc. 118
136. Offence of betting on licensed premises 119
137. Offence to indicate licence or permit if premises not licensed 121
138. False or misleading statements 121

Division 2—Legal Proceedings 122

139. Presumption as to holder of licence or permit 122
140. Proof of formal matters 122
141. Averments 122
142. Sufficient evidence of certain matters 123

142A. Evidence of certain matters 126
142B. Judicial notice 126

143. Property forfeited 126
144. Concurrent criminal proceedings 127
145. Notice of conviction 127

Division 3—Recovery of Fees and Fines 128

145A. Recovery of amounts payable 128

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Section Page

145B. Chief Executive Officer may collect certain amounts 129
145C. Service of process 131

Division 4—Infringement Notices 132

145D. Power to serve a notice 132
145E. Form of notice 132
145F. Withdrawal of notice 133
145G. Penalties to be paid for offences under infringement notices 133
145H. Payment of penalty 133
145I. Notice not to prejudice further proceedings 134

PART 7—GENERAL 135

146. Lodging of applications and notices 135
147. Council or co-operative may hold licence or permit 135
148. Power to trustees of licensed premises 136
149. Statutory declarations by persons supplying liquor to licensees 137
150. Application of Lotteries Gaming and Betting Act 1966 138
151. Giving of notices etc. 139
151A. Issue of proof of age cards 141
152. Power to demand suspected minor to give his or her age 141
152A. Seizure of evidence of age document 143
153. Seizure of liquor from minors 144
154. Entry to licensed premises 144
155. General warrant to enter and search 146
156. Power to seize liquor in certain cases 147
157. Police to assist if person asked to leave premises 148
157A. Repealed 149
158. Power for licensing fund assessors to search 148
159. Warrant to enter and search in relation to licence fees 150
160. Regulations and Orders 152

PART 8—TRANSITIONAL PROVISIONS 154

161. Definitions 154
162. Transitional provision for Liquor Control Commission 154
163. Transitional provisions for licences under repealed Act 155
164. Licence having effect as residential licence 156
165. Licence having effect as general licence 157
166. Licence having effect as club licence 158
167. Licence having effect as producer's or distributor's licence 159
168. Licence having effect as on-premises licence 161
169. Licence having effect as packaged liquor licence 162
170. Licence having effect as limited licence 163
171. Permit having effect as BYO permit 163
172. Transitional provision—dry areas 163
173. Transitional provision—cinema licences 166

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Section Page

174. Transitional provision—owner's obligations 166
175. Transitional provision—apportionment of licence fee 167

175A. Transitional provision—former licences that require meals

to be provided 167
175B. Transitional provision—Commission may amend meals

condition in certain former licences 168
175C.

Transitional provision—proof of age card 168

PARTS 9, 10—Repealed 170

176–181. Repealed 170

__________________

SCHEDULES 170
SCHEDULE 1—Club licences 170
SCHEDULE 2—Warrant to enter premises 172
SCHEDULE 3—Licences and permits having effect as licences and

permits under this Act 173

═══════════════

NOTES 175
1. General Information 175
2. Table of Amendments 176
3. Explanatory Details 180

vii

Version No. 042

Liquor Control Act 1987

Act No. 97/1987

Version incorporating amendments as at 1 December 1998

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose
The purpose of this Act is to make provision relating to the sale, disposal and consumption of liquor.

2. Commencement
This Act comes into operation on a day or days to be proclaimed.

3. Definitions
In this Act—
"Assistant Commissioner" means Assistant
Commissioner appointed under this Act;

S. 3 def. of

"authorised gaming visitor" means a person— (a) who is on licensed premises in respect

"authorised
gaming
visitor"

of which a venue operator's licence

inserted by No. 55/1992
under the Gaming Machine Control s. 3, amended
Act 1991 is in force; and by No.
46/1998 s.

(b) in the case of licensed premises within 7(Sch. 1).
the municipal district of a council mentioned in the Schedule to the Public Holidays Act 1993, who resides
more than 5 kilometres from the
licensed premises; and

1
Liquor Control Act 1987

s. 3	Act No. 97/1987

(c) in the case of licensed premises which are not within the municipal district of a council mentioned in the Schedule to the Public Holidays Act 1993, who
resides more than 10 kilometres, or any
other distance which is determined by
the Minister under section 4A, from the
licensed premises; and
(d) whose name and residential address and

date of admission to the licensed
premises is recorded on the register of
authorised gaming visitors required to
be kept under section 58(1)(c)(ii);

"authorised member of the police force" means

a member of the police force authorised by
the Chief Commissioner of Police to enforce
the provisions of this Act;

"authorised premises" in relation to a licensee
or permittee, means premises (other than the licensed premises) on which the licensee or permittee is authorised under the licence or permit—
(a) to sell and dispose of liquor; or
(b) to permit liquor to be consumed,
possessed or controlled;

"book" includes any register or other record of

information and any accounts or accounting
records, however compiled, recorded or
stored and also includes any document;

"Chief Executive Officer" means the Chief Executive Officer of the Commission;
"Commission" means the Liquor Licensing
Commission established under this Act;
"Commissioner" means the Commissioner appointed under this Act;

2
Liquor Control Act 1987

Act No. 97/1987 s. 3

* * * * * S. 3 def. of
"Com-
missioner of
State

Revenue" inserted by
No. 83/1994
s. 4, repealed
by No.
94/1997
s. 12(a)(i).
"corporation" has the same meaning as in the

Companies (Victoria) Code;

"Deputy Commissioner" means the Deputy
Commissioner appointed under this Act;
"director" in relation to a corporation,
includes—
(a) any person occupying or acting in the position of director of the corporation, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position; and

(b) any person in accordance with whose directions or instructions the directors of the corporation are accustomed to
act;

S. 3 def. of

"driver licence" means a driver licence issued under the Road Safety Act 1986;

"driver
licence"
inserted by
No. 96/1995
s. 4.
S. 3 def. of
"evidence of age document" means a document "evidence

that is— of age
document"

(a) a proof of age card or a card which is the equivalent of a proof of age card

inserted by No. 96/1995
s. 4.
issued in another State or a Territory; or

3
Liquor Control Act 1987

s. 3	Act No. 97/1987

(b) a document issued—
(i) by a person; or
(ii) on behalf of a government department or agency—

approved by the Minister indicating
that the person to whom the document
is issued is of or over the age of 18
years; or
(c) a driver licence or a licence which is

the equivalent of a driver licence issued
in another State or a Territory; or

(d) an Australian or foreign passport—
which—
(e) bears a photograph of the person to whom it is issued; and

(f)

enables the age of the person to whom it is issued to be determined, whether by reference to the person's date of birth or otherwise;

"guest"—
(a) in relation to licensed premises under a residential licence or a general licence, means a person introduced to the
premises by a resident; and

(b) in relation to licensed premises under a club licence, means—
(i) a person introduced to the club by a member in accordance with the rules of the club; or
(ii) a person who is a member of the club by reason only of reciprocal arrangements with another club;

4
Liquor Control Act 1987

Act No. 97/1987 s. 3
"interest of the community" in relation to an

area includes the interest of the community
in protection of the amenity of the area;

S. 3 def. of

* * * * * "legal
practitioner"
repealed by No. 35/1996
s. 453(Sch. 1
item 51).
"licence" means a licence granted or having effect under this Act;
"licensed premises" means the premises in respect of which a licence or permit is granted;
"licensee" means the holder of a licence granted or having effect under this Act;

S. 3 def. of

* * * * * "licensing
fund
assessor" repealed by
No. 122/1992
s. 26(a).
"licensing inspector" in relation to licensed

premises, means the licensing inspector for
the division of the police district in which
the premises are situated;

S. 3 def. of

"liquor" means a beverage, or other prescribed substance, intended for human consumption

"liquor"

amended by No. 122/1993

with an alcoholic content greater than 0·5 per s. 3.
centum by volume at a temperature of 20
degrees celsius;
S. 3 def. of

"ordinary trading hours" means— "ordinary
trading

(a) the hours between 7 a.m. and 11 p.m. on each day, other than Sunday, Good

hours"

amended by No. 122/1993

Friday or Anzac Day; and s. 4(1).

(b) the hours between 10.00 a.m. and

5
Liquor Control Act 1987

s. 3	Act No. 97/1987
11.00 p.m. on Sunday; and

(c) the hours between 12 noon and
11.00 p.m. on Good Friday and Anzac
Day;

S. 3 def. of

"owner"	"owner" in relation to premises, means the
amended by	person for the time being entitled to receive
No. 70/1988
s. 4(a)(i).	either on his or her own account or as mortgagee or other encumbrancer the rent of the premises or who would be so entitled if the premises were let at a rent;
S. 3 def. of
"permit"	"permit" means a BYO permit granted under this
amended by	Act;
No. 70/1988 s. 4(a)(ii).
S. 3 def. of
"permittee"	"permittee" means the holder of a BYO permit;
amended by No. 70/1988 s. 4(a)(iii).
"premises" includes a vehicle, vessel and

aircraft;
"prescribed" means prescribed by this Act or the
regulations;

S. 3 def. of	*	*	*	*	*
"prescribed area" inserted by No. 97/1995 s. 4, repealed by No. 94/1997 s. 20(a).
S. 3 def. of

"prescribed	"prescribed liquor" means—
liquor"
amended by	(a) undiluted and unadulterated liquor with
No. 94/1997	an alcoholic content of not more than
s. 12(a)(ii).	3·5 per centum by volume at a temperature of 20 degrees celsius; and

6
Liquor Control Act 1987

Act No. 97/1987 s. 3
(b) undiluted and unadulterated wine of the

grape with an alcoholic content of not
more than 6·5 per centum by volume at
a temperature of 20 degrees celsius;

S. 3 def. of

"proof of age card" means a document issued by the Chief Executive Officer under section

"proof of age
card"
inserted by

151A; No. 96/1995
s. 4.

"proprietary company" means proprietary

company within the meaning of the corresponding law in force in another State or in a Territory;
"Registrar" means Registrar of the Commission;
"related corporation" in relation to a
corporation, means a corporation that is
deemed to be related to the first-mentioned
corporation by virtue of section 7(5) of the
Companies (Victoria) Code;
"relevant planning law" means the Planning

and Environment Act 1987 or, if the
relevant provisions of that Act are not in
force, the Town and Country Planning Act
1961;

"residence" means—
(a) a building or part of a building used as a separate residence; and

(b) any land, building or part of a building used for a purpose ancillary to the use of a building or part of a building as a separate residence—
but does not include licensed premises;

7
Liquor Control Act 1987

s. 4A

Act No. 97/1987

"resident" in relation to licensed premises,

means a person residing or lodging in the
licensed premises;

"secretary" in relation to a club, means the

principal executive officer of the club, for
the time being, by whatever name called, and
whether or not he or she is a member of the
club;

"vigneron" means a person who—
(a) owns or occupies a vineyard or orchard containing at least 1·6 hectares of fruit- bearing vines or fruit trees; and

(b) owns or possesses (whether on the

vineyard or orchard or on other
premises owned or occupied by the
person) fermentation facilities in
operating order sufficient for the annual
production reasonably expected from
the vineyard or orchard.

S. 4	*	*	*	*	*
amended by No. 122/1993 s. 19(4),
repealed by No. 94/1997 s. 12(b).
S. 4A

inserted by	4A. Minister empowered to reduce distances for purposes
No. 55/1992	of definition of authorised gaming visitor
s. 4.

For the purposes of paragraph (c) of the definition of "authorised gaming visitor" the Minister may determine that an alternative distance of not less than 5 kilometres should apply if the Minister is satisfied that it is in the interests of the community to do so.

8
Liquor Control Act 1987

Act No. 97/1987 s. 5

* * * * * S. 4B
inserted by
No. 97/1995
s. 5,

repealed by No. 94/1997
s. 20(b).

5. Object
The object of this Act is to respond to community interest by—
(a) promoting economic and social growth in

Victoria by encouraging the proper
development of the liquor, hospitality and
related industries; and

(b) facilitating the development of a diversity of

licensed facilities reflecting consumer
demand; and

(c) providing adequate controls over the sale, disposal and consumption of liquor; and
(d) contributing to the effective co-ordination of

the efforts of government and non-
government agencies in the prevention and
control of alcohol abuse and misuse.

6. Co-ordinating Council
(1) There shall be a Co-ordinating Council appointed by the Governor in Council to advise the Minister on problems of liquor abuse and on any other
matters referred to the Council by the Minister. (2) The members of the Co-ordinating Council shall
include—
(a) a person nominated by the Minister; (b) a person nominated by the Minister
administering the Police Regulation Act
1958;

9
Liquor Control Act 1987

s. 6	Act No. 97/1987

(c) a person nominated by the Minister
administering the Health Act 1958;
(d) a person nominated by the Minister
administering the Education Act 1958; (e) a person nominated by the Minister
administering the Community Welfare
Services Act 19701;

(f)

three persons nominated by the Minister from a panel of names submitted to the Minister by representatives of the liquor industry;

S. 6(2)(g)	*	*	*	*	*
repealed by No. 44/1996 s. 20(2).

(h) two persons nominated by the Minister from

a panel of names submitted to the Minister
by trade union organisations involved in the
liquor industry;

(i) two persons nominated by the Minister as
persons representing community interests;

(j) a person with special expertise in the problems of under-age drinking nominated by the Minister;
(k) a person nominated by the Minister from a

panel of names submitted to the Minister by
youth organisations;

(l) a person with special expertise in the

problems of drink-driving nominated by the
Minister;

(m) a person with special knowledge of matters

affecting residential amenities nominated by
the Minister;

10
Liquor Control Act 1987

Act No. 97/1987 s. 7
(n) a person with special expertise in the social

and medical aspects of liquor abuse and
misuse nominated by the Minister.

(3) A member shall be appointed for such period, not

exceeding five years, as is specified in the
instrument of appointment but is eligible for re-
appointment.

(4) A member shall be paid such travelling and other allowances as are approved by the Minister.
(5) The Governor in Council may remove a member
from office.

(6) The Governor in Council shall appoint one of the members to be chairperson.
(7) The procedure of the Council is in its discretion.

S. 6(8)

(8) A member is not, by reason only of appointment as a member, subject to the Public Sector

amended by
No. 46/1998

Management and Employment Act 1998. s. 7(Sch. 1).

7. Act not to apply in certain cases
This Act does not apply—
(a) to a person selling spirituous or distilled perfume bona fide as perfumery; or
(b) to liquor supplied or consumed as part of a religious service; or

S. 7(c)

(c) to the sale or administration of liquor only as medicine or for medical purposes by or

amended by

No. 23/1994 s. 118(Sch. 1

under the direction of a registered medical item 31).

(d) to the sale or consumption of liquor at the
practitioner within the meaning of the pharmaceutical chemist; or

Houses of Parliament by the permission and under the control of the Parliament; or

11
Liquor Control Act 1987

s. 7	Act No. 97/1987

(e) to an auctioneer selling liquor by auction with the approval of the Commission on account of—
(i) a person—
(A) who has failed to renew his or her

licence; or

(B) who has surrendered his or her

licence; or

(C) whose licence has been
cancelled—
within the preceding three months; or (ii) a person who intends to surrender his or
her licence within three months after
the sale; or

(iii) a person whose licence will expire

within three months after the sale and
who does not intend to renew the
licence; or

(f) to the official receiver or trustee in bankruptcy of a bankrupt estate selling liquor that is the property of that estate for the purposes of winding up that estate; or
(g) to an executor or administrator of the estate

of a deceased person selling liquor that is the
property of that estate for the purposes of
winding up that estate; or

(h) to an insurer selling liquor to which he or she has acquired title by virtue of a settlement of a bona fide claim made under a policy of
insurance but not by purchase; or (i) to a person not carrying on a business of
selling liquor who sells liquor to a licensee;
or

12
Liquor Control Act 1987

Act No. 97/1987 s. 7

(j) to the sheriff or a person authorised by the sheriff or to a bailiff or member of the police force selling by auction any liquor taken in execution or under any warrant of distress or forfeited; or
(k) to the granting of allowances of liquor to the crew of a vessel.

_______________

13
Liquor Control Act 1987

s. 8

s. 9	Act No. 97/1987

PART 2—LIQUOR LICENSING COMMISSION2

Division 1—The Commission

8. The Commission
(1) There shall be a Liquor Licensing Commission.
(2) The Commission shall consist of—
(a) a Commissioner; and
(b) a Deputy Commissioner; and

S. 8(2)(c)

amended by	(c) not more than 3 Assistant Commissioners.
No. 122/1993 s. 5.

(3) The Commission has the functions and powers conferred on it by this Act.
(4) In addition to its other functions and powers, the Commission—
(a) may collect and use data for the compilation

of statistics relating to the liquor industry;
and

(b) may maintain public awareness of the
Commission and the operation of this Act; and
(c) has such other powers as are necessary to

enable the Commission to carry out its
functions.

(5) The Commission must consult with the Minister

from time to time in relation to the performance of
its functions and exercise of its powers under this
Act.

(6) In carrying out its functions and powers, the
Commission must observe the rules of natural justice.

9. Investigations by Commission

14
Liquor Control Act 1987
Act No. 97/1987

(1) The Commission may investigate any matter relevant to the operation of this Act, whether generally or in particular circumstances, including
its own practices and the conduct and practices of
any licensee or permittee.

(2) For the purposes of an investigation under sub- section (1), the Commission—
(a) may proceed in such manner as it thinks fit;
or
(b) may proceed in accordance with Division 3;
or
(c) may proceed partly in such manner as it thinks fit and partly in accordance with Division 3.

Division 2—The Commissioner, Deputy Commissioner and

Assistant Commissioners

10. Appointment
(1) The Commissioner, Deputy Commissioner and

each Assistant Commissioner shall be appointed
by the Governor in Council.

(2) The Commissioner shall be appointed as a full- time Commissioner.
(3) The Deputy Commissioner may be appointed as a full-time or part-time Deputy Commissioner.
(4) An Assistant Commissioner may be appointed as
a full-time or part-time Assistant Commissioner.

S. 10(5)

(5) A person who is the Commissioner, Deputy Commissioner or an Assistant Commissioner is

amended by
No. 46/1998

not, in respect of the office of Commissioner, s. 7(Sch. 1).
Deputy Commissioner or Assistant
Commissioner, subject to the provisions of the
Public Sector Management and Employment
Act 1998.

15
Liquor Control Act 1987

s. 11

s. 14

Act No. 97/1987

11. Qualification for appointment of Commissioner and Deputy Commissioner
A person shall not be appointed as the Commissioner or Deputy Commissioner unless he or she is a legal practitioner of not less than five years standing.

12. Terms of appointment
(1) Subject to this Part, a Commissioner, Deputy
Commissioner or Assistant Commissioner holds office for such period not exceeding five years as is specified in the instrument of appointment but is eligible for re-appointment.

S. 12(2)(3)	*	*	*	*	*
repealed by No. 83/1994 s. 5(a).

(4) Subject to this Part, the Commissioner, Deputy
Commissioner and each Assistant Commissioner holds office on such terms and conditions as are determined by the Governor in Council.

13. Remuneration and allowances
(1) The Commissioner shall be paid such

remuneration and allowances as are determined by
the Governor in Council.

(2) The Deputy Commissioner shall be paid such

remuneration and allowances as are determined by
the Governor in Council.

(3) Each Assistant Commissioner shall be paid such

remuneration and allowances as are determined by
the Governor in Council.

S. 14

amended by	14. Superannuation
No. 50/1988 s. 93(2)(Sch. 2 item 31).

16
Liquor Control Act 1987
Act No. 97/1987

If a person who is the Commissioner or Deputy Commissioner or an Assistant Commissioner was, immediately before his or her appointment, an officer within the meaning of the State Superannuation Act 1988, the person continues, subject to that Act, to be an officer within the meaning of that Act while the person continues to be the Commissioner or Deputy Commissioner or an Assistant Commissioner.
15. Acting appointments
(1) The Governor in Council may appoint a person who is a legal practitioner of not less than five years' standing to act as Commissioner during any
period, or during all periods, when the vacancy in the office of Commissioner.

(2) The Governor in Council may appoint a person who is a legal practitioner of not less than five years' standing to act as Deputy Commissioner during any period, or during all periods, when the
Deputy Commissioner is absent from duty or
during a vacancy in the office of Deputy
Commissioner.

(3) The Governor in Council may appoint a person to

act as an Assistant Commissioner during any
period, or during all periods, when an Assistant
Commissioner is absent from duty.

(4) If a person has been appointed under this section
to act as Commissioner, Deputy Commissioner or Assistant Commissioner during the absence from duty of a person who is the Commissioner,
Deputy Commissioner or an Assistant
Commissioner and the Commissioner, Deputy
Commissioner or Assistant Commissioner ceases
to hold office without having resumed duty, the

17
Liquor Control Act 1987

s. 15

Act No. 97/1987

period of appointment of the person so appointed is deemed to continue, subject to this Part, until—
(a) the person resigns the appointment; or
(b) the appointment is terminated by the

Governor in Council; or

(c) a period of twelve months elapses from the

day on which the absent person ceases to
hold office—

whichever first happens.
(5) A person acting as Commissioner or Deputy
Commissioner or an Assistant Commissioner shall act in that capacity on such terms and conditions as the Minister determines.

(6) A person acting as the Commissioner, Deputy
Commissioner or an Assistant Commissioner may resign the acting appointment by writing signed by the person and delivered to the Governor in Council.

(7) A person acting as the Commissioner, Deputy
and may exercise all the powers, and shall
perform all the functions and duties, conferred or
imposed by this Act on the Commissioner, Deputy

Commissioner or an Assistant Commissioner has the case may be, and, for the purposes of the exercise of those powers, or the performance of those functions and duties, this Act has effect as if a reference to the Commissioner, Deputy Commissioner or an Assistant Commissioner included a reference to a person acting as the Commissioner, Deputy Commissioner or an Assistant Commissioner, as the case may be.
(8) Where—

18
Liquor Control Act 1987

Act No. 97/1987 s. 16
(a) the Commission is constituted for the

purposes of a proceeding by a person acting
or purporting to be appointed under this
section; or

(b) a person so acting or purporting to be appointed has done any act—
the validity of, or of any decision of, or of any by the person so acting or purporting to be appointed shall not be called in question in any proceeding on the ground that the occasion for the person to act or for the appointment of the person had not arisen or the occasion for the appointment had passed or the appointment had ceased to have effect.
direction given or other act done by, the

S. 16

16. Delegation

amended by No. 122/1993

(1) The Commissioner may, either generally or as
delegation, by writing signed by the
s. 6(a).
otherwise provided by the instrument of Commissioner or an Assistant Commissioner all or any of the powers of the Commissioner under this Act, other than this power of delegation.

S. 16(2)

(2) The Commissioner may, by writing signed by the Commissioner, delegate all or any of the

inserted by
No. 122/1993

following powers to the Chief Executive Officer s. 6(b).
or any other officer of the Commission—
(a) the power to approve forms under sections 63(2), 64(2) and 65(2);
(b) the power to request information under sections 63(6), 64(4) and 65(3);
(c) the power of exemption in section 73(1) and the power of declaration in section 73(2);

19
Liquor Control Act 1987

s. 17

Act No. 97/1987

(d) the power to transfer a licence and grant a limited licence under section 77;
(e) the power to grant, vary, transfer or remove a BYO permit under section 77;

(f)

the power to remove the name of a partner under section 100;
(g) the power to determine fees under section
115.
17. Outside employment
The Commissioner or Deputy Commissioner or a
full-time Assistant Commissioner shall not engage
in paid employment outside the duties of the
office of Commissioner or Deputy Commissioner
or Assistant Commissioner, except with the
consent of the Minister.

18. Leave of absence
The Minister may grant leave of absence to the time Assistant Commissioner upon such terms and conditions as to remuneration or otherwise as the Minister determines.

19. Removal from office
(1) The Governor in Council may remove the

Commissioner, Deputy Commissioner or an
Assistant Commissioner from office.

(2) If the Commissioner, Deputy Commissioner or an Assistant Commissioner—
(a) becomes bankrupt, applies to take the benefit

of any law for the relief of bankrupt or
insolvent debtors, compounds with creditors
or makes an assignment of remuneration for
their benefit; or

20
Liquor Control Act 1987

s. 20
s. 22

Act No. 97/1987

(b) is convicted of an indictable offence or an

offence which, if committed in Victoria,
would be an indictable offence—

the Governor in Council shall remove the Commissioner, Deputy Commissioner or Assistant Commissioner from office.
20. Resignation
The Commissioner, Deputy Commissioner or an
Assistant Commissioner may resign office by
writing signed by him or her and delivered to the
Governor in Council.

21. Disclosure of interests
If the Commissioner, Deputy Commissioner or an Assistant Commissioner has or acquires an interest, pecuniary or otherwise, that could conflict with the proper performance of the functions of the Commissioner, Deputy Commissioner or Assistant Commissioner in relation to any proceedings of the Commission, the Commissioner, Deputy Commissioner or Assistant Commissioner—
(a) must not take part in any such proceedings of

the Commission or exercise any powers in
relation to his or her office to which the
proceedings relate; and

(b) in the case of the Commissioner or Deputy Commissioner, must disclose the nature of the interest to the Minister; and
(c) in the case of an Assistant Commissioner,

must disclose the nature of the interest to the
Commissioner.

22. Immunity

21
Liquor Control Act 1987

s. 25

Act No. 97/1987

No action or suit shall be brought against the
Commission or a person who is or has been the
Commissioner, Deputy Commissioner or an
Assistant Commissioner for any non-feasance or
mis-feasance in connection with the duties of the
Commission or the Commissioner, Deputy
Commissioner or Assistant Commissioner.
Division 3—Proceedings of the Commission
23. Commission to be constituted by one member

(1) For the purpose of the exercise of its powers, the
Commission shall be constituted by the an Assistant Commissioner.
(2) The Full Commission shall be constituted by three

members, being the Commissioner or the Deputy
Commissioner and two other members.

24. Procedure of Commission
In a proceeding before the Commission—
(a) the procedure of the Commission is, subject

to this Act and the regulations and to any
other enactment, within the discretion of the
Commission; and

(b) the proceeding shall be conducted with as
little formality and technicality, and with as much expedition, as the requirements of this Act and of every other relevant enactment
and a proper consideration of the matters
before the Commission permit; and
(c) the Commission is not bound by the rules of evidence but may inform itself on any matter in such manner as it thinks appropriate.
25. Preliminary conferences
(1) If—

22
Liquor Control Act 1987
Act No. 97/1987

(a) an application is made for a determination of the Commission under this Act; and
(b) the Commissioner thinks it desirable so to do

after consideration of the application or
notice—

the Commissioner may direct the holding of a conference of the parties presided over by the Commissioner, Deputy Commissioner or an
Assistant Commissioner.

S. 25(2)

(2) If a notice of objection is given under section 66, 71 or 75 or a recommendation is made under

amended by
No. 122/1993

section 76 that the grant of an application would s. 26(b).
not be in the community interest, the
Commissioner must direct the holding of a
conference of the parties presided over by the
Commissioner, Deputy Commissioner or an
Assistant Commissioner.

(3) If a conference is held in accordance with sub- section (1) or (2) and—
(a) at or after the conference, agreement is

reached between the parties as to the terms
of a determination of the Commission in the
proceeding that would be acceptable to the
parties; and

(b) the terms of the agreement are reduced to writing, signed by the parties and lodged with the Commission; and
(c) the Commission is satisfied that a
determination in those terms would be within
the powers of the Commission—

23
Liquor Control Act 1987

s. 26

Act No. 97/1987

the Commission, without holding a hearing, must
make a determination in accordance with those
terms.

(4) At the hearing of a proceeding before the

Commission, unless the parties otherwise agree, evidence must not be given, and statements must not be made, concerning any word spoken or act done at a conference held in accordance with sub-
section (1) or (2) if the words spoken or act done
related to any question to be determined by the
Commission in the proceeding.
(5) If a conference is held in accordance with sub- section (1) or (2) in respect of any proceedings and a party to the proceeding who was present at
the conference notifies the Commission before, or the purpose of the proceeding.
at the commencement of, the hearing that the
party objects to the Commissioner or Deputy
Commissioner or a particular Assistant
Commissioner participating in the hearing, the
Commission shall not be constituted by the
Commissioner or Deputy Commissioner or that

26. Hearings to be in public except in special circumstances
(1) Subject to this section, the hearing of a proceeding before the Commission shall be in public.
(2) If the Commission is satisfied that it is desirable to do so by reason of the confidential nature of any evidence or matter or for any other reason, the Commission may, by order—
(a) direct that a hearing or part of a hearing shall take place in private and give directions as to the persons who may be present; and

24
Liquor Control Act 1987

Act No. 97/1987 s. 26

(b) give directions prohibiting or restricting the

publication of evidence given before the or of matters contained in documents lodged with the Commission or received in evidence by the Commission; and

(c) give directions prohibiting or restricting the
proceeding of evidence given before the

disclosure to some or all of the parties to a document lodged with the Commission or received in evidence by the Commission, in relation to the proceedings.
(3) In considering—
(a) whether the hearing of a proceeding should be held in private; or
(b) whether publication or disclosure to some or

all of the parties, of evidence given before
the Commission, or of a matter contained in
a document lodged with the Commission or
received in evidence by the Commission,
shall be prohibited or restricted—

the Commission shall take as the basis of its
consideration the principle that it is desirable that
hearings of proceedings before the Commission
should be held in public and that evidence given
before the Commission and the contents of
documents lodged with the Commission or
received in evidence by the Commission should
be made available to the public and to all the
parties, but shall pay due regard to any reasons
given to the Commission why the hearing should
be held in private or why publication or disclosure
of the evidence or the matter contained in the
document should be prohibited or restricted.

25
Liquor Control Act 1987

s. 27

Act No. 97/1987

27. Opportunity to make submissions concerning evidence
Subject to section 26, the Commission must ensure that each party to a proceeding before the Commission is given a reasonable opportunity to present the case and, in particular, to inspect any documents to which the Commission proposes to have regard in making a determination in the proceedings and to make submissions in relation to those documents.

28. Powers of Commission
(1) For the purposes of a proceeding, the Commission
may—
(a) take evidence on oath or affirmation; and
(b) proceed in the absence of a person who has
had reasonable notice of the proceeding; and (c) adjourn the proceeding from time to time;
and
(d) permit the amendment of any notice, application or other document; and
(e) disregard any omission, error, defect or

insufficiency in a notice, application or other
document or any failure, defect or
insufficiency in giving, serving, displaying
or advertising of a notice, application or
other document.

(2) For the purposes of the hearing of a proceeding
Officer shall, if directed to do so by the
Commissioner, Deputy Commissioner or

before the Commission, the Chief Executive presides, at the hearing, summon a person to appear before the Commission at that hearing to give evidence and to produce such documents (if any) as are referred to in the summons.

26
Liquor Control Act 1987

Act No. 97/1987 s. 28
(3) The person who presides at the hearing of a proceeding—
(a) may require the person appearing before the Commission at that hearing to give evidence either to take an oath or to make an
affirmation; and
(b) may administer an oath or affirmation to a person so appearing before the Commission.

(4) The oath or affirmation to be taken or made by a person for the purposes of this section is an oath or affirmation that the answers given to questions
asked will be true.

(5) A person summoned to appear before the

Commission may request to be allowed to be represented by a legal practitioner and upon such request being made, the Commission may, in its discretion, allow the person to be so represented.

(6) The power of the Commission under sub-section
be exercised on behalf of the Commission in
relation to a particular proceeding before the
(1)(a) to take evidence on oath or affirmation may hearing of the proceeding or by any other person authorised by the first-mentioned person but the Commission may direct that the power is to be exercised subject to limitations specified by the Commission.
(7) Where a person other than a person who is to

preside at the hearing of a proceeding is
authorised to take the evidence in relation to the
proceeding in accordance with sub-section (6)—

(a) the person has, for the purposes of taking

that evidence, all the powers of the the powers under sub-section (2) of the

27
Liquor Control Act 1987

s. 29

Act No. 97/1987

person who is to preside at the hearing of the
Commission; and
(b) for the purpose of the exercise of those

powers by that person, this Act has effect
(except where the context otherwise
requires) as if a reference to the Commission
or to the person who is to preside at the
hearing included a reference to the first-
mentioned person.

29. Failure of witness to attend
A person served with a summons to appear as a witness before the Commission shall not, without reasonable excuse—
(a) fail to attend as required by the summons; or
(b) fail to appear and report from day to day
unless excused or released from further
attendance by the Commission.

Penalty: 10 penalty units or imprisonment for
three months.

30. Refusal to be sworn or to answer questions
A person appearing as a witness before the Commission shall not, without reasonable excuse—
(a) when required in pursuance of section 28

either to take an oath or make an
affirmation—refuse or fail to comply with
the requirement; or

(b) refuse or fail to answer a question that the

person is required to answer by the
Commissioner, Deputy Commissioner or
Assistant Commissioner presiding at the
proceeding; or

(c) refuse or fail to produce a document that the person was required to produce by a

28
Liquor Control Act 1987

Act No. 97/1987 s. 31
summons under this Act served as
prescribed.

Penalty: 10 penalty units or imprisonment for
three months.

31. Contempt of Commission
A person shall not—

(a) insult the Commissioner, Deputy

Commissioner or an Assistant Commissioner in or in relation to the exercise of the powers or functions as Commissioner, Deputy
Commissioner or Assistant Commissioner;
or
(b) repeatedly interrupt the proceedings of the Commission; or
(c) create a disturbance or take part in creating

or continuing a disturbance in or near a place
where the Commission is sitting; or

(d) do any other act or thing that would, if the
Commission were a Court of Record, constitute a contempt of court.

Penalty: 10 penalty units or imprisonment for
three months.
32. Power of Commission to dismiss application or strike out party
(1) If— (a) all the parties to a proceeding before the

Commission consent; or

(b) the Commission decides that the application is vexatious or frivolous—

29
Liquor Control Act 1987

s. 33

Act No. 97/1987

the Commission may dismiss the application completing the hearing.
without proceeding to a hearing or, if the
(2) If a party to a proceeding before the Commission
in respect of an application fails to appear at a preliminary conference held in relation to the application under section 25 or at the hearing of
the proceeding the Commission may—
(a) if the party who failed to appear was the

applicant, dismiss the application without
proceeding to a hearing; or

(b) direct that the person who failed to appear shall cease to be a party to the proceedings.

33. Reasons for and effect of review of determination

(1) Subject to this section and to section 26 the

Commission must give reasons either orally or in writing for its determination.

(2) If the Commission does not give reasons for its
within 28 days after the day on which a copy of
the determination of the Commission is served on
that party, request the Commission to furnish to
that party a statement in writing of the reasons of
the Commission for its determination and the
determination, a party to the proceeding may, the request, furnish to that party such a statement.
(3) If the Commission gives in writing the reasons for

its determination, those reasons shall include its
findings on material questions of fact and a
reference to the evidence or other material on
which those findings were based.

(4) The Commission must cause a copy of its

determination to be served on each party to its
proceedings.

30
Liquor Control Act 1987

Act No. 97/1987 s. 34

(5) Without prejudice to any other method available
by law for the proof of determinations of the of such a determination, and to be certified by the Chief Executive Officer to be a true copy of the determination, is in any proceeding evidence of the determination.
(6) Sub-sections (4) and (5) apply in relation to

reasons given in writing by the Commission for its
determination as they apply in relation to the
determination.

(7) Subject to sub-section (8), a determination of the Commission comes into operation forthwith upon the giving of the determination.
(8) The Commission may specify in a determination that the determination is not to come into operation until a later date specified in the determination, and where a later date is so specified, the determination comes into operation
on that date.

34. Costs
(1) If the Commission is of the opinion in a particular case that there are circumstances that justify it so doing, the Commission may make such orders as to costs as the Commission thinks just.
(2) Except as provided in sub-section (1), a party to a proceeding bears his or her own costs.

S. 34(3)

(3) If the Commission makes an order as to costs, the person to whom payment is to be made under the

inserted by
No. 122/1993

order may enforce the order by filing free of s. 7.

charge in the Magistrates' Court or the County be)—
(a) a copy of the order certified by the Chief
Executive Officer to be a true copy; and

31
Liquor Control Act 1987

s. 35

s. 37

Act No. 97/1987

(b) that person's affidavit as to the amount remaining unpaid under the order.

S. 34(4)

inserted by	(4) On the filing of those documents, judgment for the
No. 122/1993	unpaid amount set out in the affidavit is deemed to
s. 7.	have been entered in the court at which the documents were filed and may be enforced accordingly.

Division 4—Chief Executive Officer and Staff

35. Chief Executive Officer
(1) There shall be a Chief Executive Officer of the

Commission who shall be appointed by the
Governor in Council.

S. 35(2)

amended by	(2) The Chief Executive Officer is not, in respect of
No. 46/1998	the office of Chief Executive Officer, subject to
s. 7(Sch. 1).	the provisions of the Public Sector Management and Employment Act 1998.

36. Terms of appointment
(1) Subject to this Part, the Chief Executive Officer holds office for such period, not exceeding five years, as is specified in the instrument of
appointment but is eligible for re-appointment.

S. 36(2)(3)	*	*	*	*	*
repealed by No. 83/1994 s. 5(b).

(4) Subject to this Part, the Chief Executive Officer holds office on such terms and conditions as are determined by the Governor in Council.
37. Remuneration and allowances
The Chief Executive Officer shall be paid such remuneration and allowances as are determined by the Governor in Council.

32
Liquor Control Act 1987

Act No. 97/1987

38. Superannuation S. 38
amended by

If the Chief Executive Officer was, immediately No. 50/1988
s. 93(2)(Sch. 2
before his or her appointment, an officer within item 31).
the meaning of the State Superannuation Act
1988, the Chief Executive Officer continues,
subject to that Act, to be an officer within the
meaning of that Act while he or she continues to
be the Chief Executive Officer.

39. Acting appointment
(1) The Governor in Council may appoint a person to act as Chief Executive Officer during any period, or during all periods, when the Chief Executive
Officer is absent from duty or during a vacancy in the office of Chief Executive Officer.

(2) If a person has been appointed under this section

to act as Chief Executive Officer during the
absence from duty of the Chief Executive Officer
and the Chief Executive Officer ceases to hold
office without having resumed duty, the period of
appointment of the person so appointed is deemed
to continue, subject to this Part, until—

(a) the person resigns the appointment; or
(b) the appointment is terminated by the

Governor in Council; or

(c) a period of 12 months elapses from the day

on which the absent Chief Executive Officer
ceases to hold office—

whichever first happens.
(3) A person acting as Chief Executive Officer shall act in that capacity on such terms and conditions as the Minister determines.
(4) A person acting as Chief Executive Officer may
resign the acting appointment by writing signed

33
Liquor Control Act 1987

s. 40

s. 41

Act No. 97/1987

by the person and delivered to the Governor in
Council.

(5) A person acting as Chief Executive Officer has
all the functions and duties conferred or imposed
by this Act on the Chief Executive Officer and,
for the purpose of the exercise of those powers or
the performance of those functions and duties, this
Act has effect as if a reference to the Chief
and may exercise all the powers and shall perform acting as the Chief Executive Officer.
(6) Any act done by a person acting as or purporting to be appointed as Chief Executive Officer shall not be called in question in any proceeding on the
ground that the occasion for the person to act or the appointment of the person had not arisen or the occasion for the appointment had passed or the
appointment had ceased to have effect.

S. 40

amended by	40. Delegation
Nos 57/1989
s. 3(Sch. item	The Chief Executive Officer may, either generally
119.1),	or as otherwise provided by the instrument of
122/1993 s. 8.	delegation, by writing signed by the Chief Executive Officer delegate to an officer or employee of the Commission or to an officer of
Magistrates' Court all or any of the powers of the
the public service or to a Registrar of the this power of delegation.

41. Removal from office
The Governor in Council may remove the Chief
Executive Officer from office.

42. Resignation

34
Liquor Control Act 1987

Act No. 97/1987 s. 44
The Chief Executive Officer may resign office by writing signed by him or her and delivered to the Governor in Council.

43. Functions of Chief Executive Officer
(1) The Chief Executive Officer has the functions and

powers conferred on the Chief Executive Officer
by this Act.

(2) In addition to his or her other functions and powers, the Chief Executive Officer—
(a) shall provide administrative support for the
Commission in the performance of its functions; and
(b) shall provide advice to the Commission on

the operation of the liquor licensing system;
and

S. 43(2)(c)

*

*

*

*

*

repealed by No. 94/1997
s. 12(c).
S. 43(2)(d)

(d) shall be responsible for the staff of the Commission; and

amended by
Nos 83/1994
s. 13(a),
96/1995 s. 14.
S. 43(2)(e)

(e) shall conduct, or enter into agreements for the conduct of, courses about the responsible

repealed by
No. 122/1993
s. 26(c),

sale, disposal and consumption of liquor. new s. 43(2)(e)
inserted by
No. 96/1995
s. 14.
44. Licensing inspectors
(1) The Chief Commissioner of Police shall from time

to time appoint officers of police to be licensing
inspectors.

35
Liquor Control Act 1987

s. 45

Act No. 97/1987

(2) Each licensing inspector may be appointed in respect of a division or part of a division of a police district.

(3) A licensing inspector has, in respect of the
division or part of a division in respect of which he or she is appointed, the functions and powers conferred on a licensing inspector by this Act.

(4) In addition to his or her other functions and powers, a licensing inspector—
(a) may report to the Chief Executive Officer

any matter which may affect the attainment
of the objects of this Act; and

(b) may take proceedings in respect of offences under this Act committed in the division or part of a division in respect of which he or she is appointed; and
(c) may appear personally or by a legal

practitioner or a person approved by the
Chief Commissioner in proceedings under
this Act.

45. Registrar and employees

S. 45(1)

amended by	(1) A Registrar and any employees that are necessary
No. 122/1993	for the performance of the functions and exercise
s. 26(d),
substituted by	of the powers of the Commission are to be
46/1998	employed under Part 3 of the Public Sector
s. 7(Sch. 1).	Management and Employment Act 1998.

(2) The number of officers or employees (including licensing fund assessors) appointed or employed in accordance with this section must not exceed the number for the time being fixed by the
Minister in respect of any specified period.

_______________

36
Liquor Control Act 1987

Act No. 97/1987 s. 46

PART 3—SALE, DISPOSAL AND CONSUMPTION OF

LIQUOR

Division 1—Licences and Permits

46. Residential licence
(1) A residential licence authorises the licensee to sell and dispose of liquor on the licensed premises—
(a) at any time to a resident of the licensed

premises or a guest of such a resident for
consumption on the licensed premises; and

(b) if the Commission so determines and
specifies in the licence, to any person— (i) during ordinary trading hours; and (ii) at any other times in accordance with
any extended hours permit held by the
licensee in respect of the licensed
premises—

for consumption on or off the licensed
premises—
subject to such terms and conditions (if any) as the Commission determines and specifies in the licence or extended hours permit.
(2) The Commission must not grant a residential licence unless it is satisfied that—
(a) the primary purpose of the business to be carried on on the licensed premises is the provision of accommodation; and
(b) the licensed premises have at least 20 bedrooms.

37
Liquor Control Act 1987

s. 47	Act No. 97/1987
S. 47	47. General licence
amended by No. 68/1990 s. 3.
S. 47(1)
amended by	(1) A general (class 1) licence authorises the licensee
No. 122/1993	to sell and dispose of liquor on the licensed
s. 9(1).	premises—
S. 47(1)(a)
amended by	(a) for consumption on and off the licensed (i) during ordinary trading hours; and (ii) at any other times in accordance with
No. 122/1993	premises— any extended hours permit held by the licensee in respect of the licensed premises; and
s. 9(2).
S. 47(1)(b)
amended by	(b) for consumption on the licensed premises at
No. 83/1994	any time to a resident of the licensed
s. 13(b).	premises or a guest of such a resident for consumption on the licensed premises.

S. 47(1)(c)	*	*	*	*	*
inserted by No. 68/1990 s. 3,
amended by No. 56/1991 s. 21(1),
repealed by No. 122/1993 s. 4(4).

subject to such terms and conditions (if any) as the Commission determines and specifies in the licence or extended hours permit.

S. 47(2)

amended by	(2) The Commission must not grant a general (class
No. 122/1993	1) licence unless it is satisfied that the primary
s. 9(1).	purpose of the business to be carried on on the licensed premises is the provision of liquor for consumption on and off the licensed premises.

38
Liquor Control Act 1987

Act No. 97/1987 s. 48

(3) A general (class 2) licence authorises the licensee to sell and dispose of liquor—

S. 47(3)
inserted by
No. 122/1993

(a) on the licensed premises for consumption on the licensed premises—

s. 9(3).
(i) during ordinary trading hours; and
(ii) at any other times in accordance with
any extended hours permit held by the
licensee in respect of the licensed
premises; and

(b) on the licensed premises for consumption 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

(c) on any other premises authorised by the Commission—
subject to such terms and conditions (if any) as the Commission determines and specifies in the licence or extended hours permit.

S. 47(4)

(4) The Commission must not grant a general (class 2) licence unless it is satisfied that the primary

inserted by
No. 122/1993

purpose of the business to be carried on on the s. 9(3).
licensed premises is the provision of liquor for
consumption on the licensed premises.

48. Club licence
(1) A club licence authorises the licensee to sell and dispose of liquor on the licensed premises—

S. 48(1)(a)

(a) in the case of a full club licence, to a member of the club for consumption on or

amended by
No. 55/1992

off the licensed premises and to an s. 5(a).

authorised gaming visitor or a guest of a member for consumption on the licensed premises—

39
Liquor Control Act 1987

s. 48

Act No. 97/1987

(i) at any time on any day except Sunday, Good Friday and Anzac Day; and

S. 48(1)(a)(ii)

substituted by	(ii) between the hours of 10.00 a.m. and
No. 122/1993	11.00 p.m. on Sunday; and
s. 4(2).
S. 48(1)(a)(iia)
inserted by	(iia) between the hours of 12 noon and
No. 122/1993	11.00 p.m. on Good Friday and Anzac (iii) at any other times in accordance with any extended hours permit held by the licensee in respect of the licensed
s. 4(2).	Day; and

premises—

subject to Division 3 and to such other terms
and conditions (if any) as the Commission
determines and specifies in the licence or
extended hours permit; and

S. 48(1)(b)

amended by	(b) in the case of a restricted club licence to a
No. 55/1992	member of the club, an authorised gaming
s. 5(b).	visitor or a guest of a member for consumption on the licensed premises—at such times as the Commission determines and specifies in the licence, subject to Division 3 and to such terms and conditions as are so determined and specified in the licence.

(2) The Commission must not grant a club licence unless the Commission is satisfied—
(a) that the primary purpose of the business to

be carried on on the licensed premises is the
business of a club; and

(b) that—
(i) the rules of the club comply with Schedule 1; or

40
Liquor Control Act 1987

Act No. 97/1987 s. 48
(ii) the rules so comply except to the extent

that the Commission determines it is
appropriate that they should not so
comply; and

(c) that, in the case of a restricted club licence,

supplies of liquor for the club will be
purchased only from a person who holds a
general licence or a packaged liquor licence.

S. 48(2A)

(2A) In determining whether a club licence should be restricted or not, the Commission must have

inserted by
No. 122/1993

regard to— s. 10.
(a) the number of members of the club; and
(b) the standard of the facilities and services that

the club provides; and

(c) the number of full-time staff the club employs; and
(d) the turnover (or estimated turnover) of liquor purchases at the club; and
(e) the days and hours of operation of the club;
and

(f)

any other matter that the Commission considers relevant.

S. 48(2B)

(2B) Despite sub-section (1), the Commission may impose a term on a club licence prohibiting the

inserted by
No. 122/1993

sale and disposition of liquor on the licensed s. 10.
premises during any time that a law other than this
Act forbids the club from trading at the premises.
S. 48(3)

(3) Despite sub-section (1), a club licence in respect of licensed premises within an electoral district

inserted by
No. 55/1992

referred to in section 172(1) does not authorise the s. 6.
licensee to sell and dispose of liquor to an
authorised gaming visitor.

41
Liquor Control Act 1987

s. 49	Act No. 97/1987
S. 48(4)	(4) For the purposes of sub-section (2) the
inserted by
No. 55/1992	Commission must not have regard to the fact that
s. 6.	authorised gaming visitors are or may be admitted to the licensed premises of a club in determining the primary purpose of the business to be carried on on the licensed premises.

49. Producer's or distributor's licence
(1) A producer's or distributor's licence authorises the
licensee—
(a) if the licensee is a producer of liquor—to sell

and dispose on the licensed premises of
liquor produced or bottled in accordance
with the licence on the licensed premises for
consumption off the licensed premises—

(i) during ordinary trading hours; and
(ii) at any other times in accordance with
any extended hours permit held by the
licensee in respect of the licensed
premises; and

(b) if the licensee is a vigneron—to sell and

dispose on the licensed premises of liquor
produced in accordance with the licence on
the licensed premises for consumption on or
off the licensed premises—

(i) during ordinary trading hours and between the hours of 10 a.m. and 12 noon on Sunday, Good Friday and

Anzac Day; and

(ii) at any other times in accordance with any extended hours permit held by the licensee in respect of the licensed

premises; and

42
Liquor Control Act 1987

Act No. 97/1987 s. 49
(c) if the licensee is a distributor of liquor—to

sell and dispose of liquor on the licensed
premises for consumption off the licensed
premises—

(i) during ordinary trading hours; and
(ii) at any other times in accordance with
any extended hours permit held by the
licensee in respect of the licensed
premises—

subject to such terms and conditions (if any) as the Commission determines and specifies in the licence or extended hours permit.
(2) The Commission must not grant a producer's or

distributor's licence unless the Commission is
satisfied that the primary purpose of the business
to be carried on by the licensee is the business of
producing or distributing liquor.

(3) A producer's or distributor's licence granted to a

vigneron is subject to the condition that wine,
cider, brandy or perry produced by the licensee is
made from fruit grown in Australia and—

(a) in the case of wine, is to the extent of at least

70 per centum made from fruit grown or
pressed by the licensee; and

(b) in the case of cider or perry, is to the extent

of at least 25 per centum made from fruit
grown by the licensee; and

(c) in the case of brandy, is to the extent of at

least 70 per centum made from wine distilled
by the licensee.

(4) The Commission must not grant a producer's or distributor's licence to a person who is a

43
Liquor Control Act 1987

s. 50

Act No. 97/1987

distributor of liquor unless the Commission is
satisfied that the business carried on or to be
carried on by the person will be not less than 90
per centum the business of selling and supplying
liquor to licensees.
50. On-premises licence
(1) An on-premises licence authorises the licensee to

sell and dispose of liquor in association with an
activity that—

(a) is carried on on the licensed premises or on

premises of which the licensed premises
form part; and

(b) is the primary purpose of the business
carried on on the licensed premises—
either—
(c) on the licensed premises for consumption on the licensed premises; or
(d) if the Commission so determines and specifies in the licence, on any other premises in association with any such
activity carried on on those premises for
consumption on those premises—
during ordinary trading hours and at any other
times in accordance with any extended hours
permit held by the licensee in respect of the
licensed premises or those other premises, as the
case may be, subject to and in accordance with
such terms and conditions as the Commission
determines and specifies in the licence or
extended hours permit.
(2) The Commission must not grant an on-premises

licence unless it is satisfied that the primary
purpose of the business to be carried on on the
licensed premises is the use of the licensed
premises primarily for the purpose of—

44
Liquor Control Act 1987

Act No. 97/1987 s. 50
(a) catering associated with the conduct of social receptions or functions; or
(b) live entertainment; or
(c) conferences, conventions or meetings; or

(d)

a restaurant or other place where meals are prepared and served for consumption on the licensed premises; or
(e) sporting or cultural activities; or

(f) a business directly related to the provision of services or the sale of goods to tourists on the licensed premises; or
(g) educational or training programs relating to

the preparation and service of food or
beverages; or

(h) such other activities as are approved by the Minister.
(3) If the business carried on on premises which form part of the licensed premises under an on-premises licence is primarily the business of a restaurant or other place where meals are prepared and served
for consumption on the premises, the on-premises licence may, if the Commission so determines and specifies in the licence and on payment of $800,
also authorise the licensee to sell and dispose of
liquor (otherwise than in association with the
serving of meals) for consumption on a part of the
licensed premises that—
(a) comprises not more than 25 per centum of
the total area of the licensed premises on which liquor is sold and disposed of; and
(b) is set apart, in accordance with any
conditions specified in the licence, for the
supply of liquor otherwise than in
association with the serving of meals.

45
Liquor Control Act 1987

s. 51

Act No. 97/1987

(4) The Commission must not grant an on-premises
licence if it considers that the sale and disposal of liquor proposed to be carried on under the licence would more appropriately be carried on under a
licence of another kind.

S. 51

amended by	51. Packaged liquor licence
No. 68/1990
s. 4(a).	(1) A packaged liquor licence authorises the licensee to sell and dispose of liquor on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises—
S. 51(1)(a)
amended by	(a) between the hours of 9.00 a.m. and 9.00 p.m.
No. 56/1991	on any day other than Sunday, Good Friday,
s. 21(2)(a),
substituted by	Anzac Day and Christmas Day; and
No. 122/1993 s. 4(3)(a).
S. 51(1)(b)
substituted by	(b) between the hours of 10.00 a.m. and
No. 122/1993	5.00 p.m. on Sunday; and
s. 4(3)(a).
S. 51(1)(ba)
inserted by	(ba) between the hours of 12 noon and 9.00 p.m.
No. 122/1993	on Anzac Day; and
s. 4(3)(a).
S. 51(1)(c)
amended by	(c) if an extended hours permit is granted under
Nos 122/1993	section 53, at any other times in accordance
s. 11(a),
83/1994	with that permit—
s. 13(c).

S. 51(1)(d)	*	*	*	*	*
inserted by No. 68/1990 s. 4(a),
amended by No. 56/1991 s. 21(2)(b), repealed by No. 122/1993 s. 4(3)(b).

46
Liquor Control Act 1987

Act No. 97/1987 s. 52

* * * * * S. 51(1)(e) inserted by
No. 56/1991 s. 21(2)(b),
repealed by No. 122/1993
s. 4(3)(b).
subject to such terms and conditions (if any) as the Commission determines and specifies in the licence or extended hours permit.

S. 51(1A)

* * * * * inserted by No. 68/1990
s. 4(b),
amended by
No. 56/1991 s. 21(2)(c),
repealed by No. 122/1993
s. 4(4). S. 51(2)
* * * * * repealed by No. 122/1993
s. 11(b).
(3) The Commission must not grant a packaged liquor

licence unless it is satisfied that the primary
purpose of business to be carried on in the area set
aside as the licensed premises is the sale by retail
of liquor in sealed containers, bottles or cans.

52. Limited licence
(1) A limited licence authorises the licensee to sell

and dispose of liquor at such times and subject to
such terms and conditions as the Commission
determines and specifies in the licence.

(2) If the Commission is satisfied that a limited licence is required for the purposes of a club (other than a club for which a club licence is held), the Commission must include in the
conditions to which the limited licence is subject a condition that liquor sold or disposed of under the licence must be purchased from the holder of a
general licence or a packaged liquor licence.

47
Liquor Control Act 1987

s. 53

s. 54

Act No. 97/1987

(3) The Commission must not grant a limited licence unless it is satisfied that—
(a) the licence is required for a limited purpose;
and
(b) the sale and disposal of liquor proposed to be

carried on under the licence would not more
appropriately be carried on under a licence
of another kind.

53. Extended hours permit
(1) An extended hours permit authorises a licensee to sell and dispose of liquor on the licensed premises or on any authorised premises or on a specified
part of the licensed premises or authorised
premises at such times and subject to—
(a) a condition that the licensee does not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of the premises to which the permit
relates during or immediately after the hours
to which the permit relates; and
(b) such other terms and conditions, including conditions relating to entertainment, as the Commission determines and specifies in the
permit.

(2) If a licensee or permittee contravenes any

condition of an extended hours permit imposed by
or under sub-section (1) in relation to the use of
the premises, the contravention shall be deemed
also to be a use of the premises that contravenes
the relevant planning scheme and Division 1 of
Part 6 of the Planning and Environment Act
1987 applies accordingly except with respect to
enforcement orders.

54. BYO permit

48
Liquor Control Act 1987

Act No. 97/1987 s. 55

(1) A BYO permit authorises liquor to be consumed, possessed or controlled on the premises in respect

S. 54(1)
amended by
No. 70/1988

of which the permit is granted at such times and s. 4(b).
subject to—
(a) a condition that the permittee does not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of the premises to which the permit
relates during or immediately after the hours
to which the permit relates; and

S. 54(1)(ab)

(ab) a condition that the premises are a restaurant or a club in respect of which a licence is not

inserted by
No. 70/1988

in force; and s. 4(c).
(b) such other terms and conditions, including conditions relating to entertainment, as the Commission determines and specifies in the
permit.

S. 54(2)

(2) If a permittee contravenes any condition of a BYO permit imposed by or under sub-section (1) in

amended by
No. 70/1988

licence or permit was subject immediately before
the commencement of this Part, whether imposed
by the repealed Act or the licence or permit.
169. Licence having effect as packaged liquor licence
(1) If a licence of a kind specified in Column 1 of an
Item in Schedule 3 has effect as a packaged liquor licence—
(a) the licensee is authorised to sell and dispose of liquor, or to supply liquor, on the licensed premises as if the licence were a packaged
liquor licence granted under this Act but subject to the terms and conditions (not inconsistent with this Act) to which the licence was subject before the
commencement of this Part; and
(b) if immediately before the commencement of

this Part the licensee was authorised under
any licence or permit in force under the
repealed Act relating to the licensed
premises to sell and dispose of liquor at any
times not authorised under a packaged liquor
licence, the licence or permit has effect in
relation to those times as if it were an
extended hours permit, unless the licensed
premises are premises to which section 51(3)
applies.

(2) Section 128 has effect in relation to licensed
premises under a licence to which sub-section (1) applies as if a reference in that section to licensed

162
Liquor Control Act 1987

Act No. 97/1987 s. 170
premises were a reference to the part of the
licensed premises under that licence set aside for
the sale and disposal of liquor.

170. Licence having effect as limited licence
If a licence or permit of a kind specified in Column 1 of an Item in Schedule 3 has effect as a limited licence, the holder of the licence or permit is authorised to sell and dispose of liquor in accordance with the terms and conditions of that licence as if the licence were a limited licence granted under this Act subject to the terms and conditions to which the licence or permit was subject immediately before the commencement of this Part, whether imposed by the repealed Act or the permit.

S. 171

171. Permit having effect as BYO permit

amended by No. 70/1988

If a permit of a kind specified in Column 1 of an s. 4(j)(i)(ii).
Item in Schedule 3 has effect as a BYO permit,
the permit authorises liquor to be consumed,
possessed or controlled in the premises to which
the permit relates during the times authorised by
the permit subject to such terms and conditions as,
immediately before the commencement of this
Part, applied to the permit.

172. Transitional provision—dry areas
(1) If, before the commencement of the Licensing
Act 1928, a local opinion poll had been taken in an electoral district as constituted on 21 October 1920 and a resolution that no licence be granted in

(2) The following provisions have effect for the
that district had been carried, a licence under this in that district except in accordance with sub- section (2).
S. 172(2)
amended by

purposes of the grant of a licence in respect of No. 70/1988
s. 6(d)(i).

163
Liquor Control Act 1987

s. 172

Act No. 97/1987

premises in a district referred to in sub-section
(1)—

S. 172(2)(a)

amended by	(a) before a new licence is granted in or an
No. 70/1988	existing licence is removed to any part of
s. 6(d)(ii).	that district, the Commission shall in the case of a general licence, a residential licence, an on-premises licence or a club licence and may if it thinks proper in the case of any other licence order a vote of electors to be taken in the neighbourhood surrounding the proposed site of the premises in respect of which a licence has been applied for or to which a licence is sought to be removed (as the case may be);

(b) the neighbourhood shall be delineated by the

Commission after consultation with the
Chief Electoral Officer;

S. 172(2)(c)

amended by	(c) the resolution to be submitted at the vote of
No. 70/1988	electors shall be—
s. 6(d)(iii).
That a licence (nature of licence to be stated) be granted in [or removed to] the neighbourhood (neighbourhood to be sufficiently indicated);

(d) if a majority of the electors voting formally vote against the resolution, the Commission shall not grant the application for the licence or for the removal of the licence (as the case may be) nor shall it grant any application for a licence in or the removal of a licence to
that neighbourhood within three years after
the taking of such vote;

(e) when the Commission orders a vote to be

taken under this section, the Chief Electoral accordingly and for that purpose—

164
Liquor Control Act 1987

Act No. 97/1987 s. 172
(i) he or she may make all proper
arrangements for the taking of the vote;
(ii) every elector within the neighbourhood
delineated who is entitled to be enrolled

(iii) the manner of voting shall be similar to
on an electoral roll for the Legislative taking of the vote shall be qualified to vote but may vote once only;

members to serve in the Legislative

that followed in the election of marked as prescribed thereon;

(iv) subject to and for the purposes of this
relating to rolls, electors and elections
for the Legislative Assembly (including
the provisions relating to compulsory
voting and voting by post and the
provisions relating to offences in
connection with such elections but not
including the provisions relating to
absent voting) shall with such
adaptations as are necessary as so far as
the provisions can be made applicable
by the regulations, apply to the taking
of a vote under this section:

section the provisions of any law postal ballot-paper in relation to the vote of electors shall, where the postal ballot-paper is to be forwarded to the applicant, require that it be posted addressed to him or her at his or her place of living at the time when it would be delivered in the ordinary course of post (which place shall be specified in the application), and every

165
Liquor Control Act 1987

s. 173

s. 174	Act No. 97/1987
postal ballot-paper posted to an applicant shall be addressed accordingly;

(v) the result of the voting shall be notified

by the Chief Electoral Officer in the
Government Gazette;

(vi) the Governor in Council may make regulations prescribing the form of voting paper and all matters and things
authorised to be prescribed or necessary
or convenient to be prescribed for the
carrying out and giving effect to the
provisions of this section.
(3) A reference in sub-section (1) to a licence does

not include a reference to a licence of a kind
mentioned in Column 2 of Item 31, 32, 33, 34 or
35 in Schedule 3 granted to a person for a purpose
similar to the purpose for which a permit of a kind
mentioned in Column 1 of that Item was or could
have been granted to that person under the
repealed Act.

173. Transitional provision—cinema licences
(1) Despite section 60, the Commission may grant a

limited licence in respect of premises used
primarily as a cinema to a person who is the
licensee in respect of those premises and who was
the licensee under a theatre licence in respect of
those premises immediately before the
commencement of this Part.

(2) A limited licence granted under this section may

not be transferred, varied on the application of the
licensee or removed.

174. Transitional provision—owner's obligations
Despite its repeal, section 89 of the repealed Act continues to have effect until the expiration of the

166
Liquor Control Act 1987

Act No. 97/1987

period of two years after the commencement of
this Part as if a reference in that section to
provisions of Part IV of the repealed Act included
a reference to this Act.

175. Transitional provision—apportionment of licence fee

Despite their repeal, sections 157 and 158 of the repealed Act continue to have effect in relation to premises subject to a lease until the expiration of the lease as if—
(a) a reference to a licensed hotelkeeper who

holds a hotelkeeper's licence were a
reference to a licensee under a hotelkeeper's
licence having effect as a residential licence
or a general licence; and

(b) a reference to the Commission were a

reference to the Commission within the
meaning of this Act.

S. 175A

175A. Transitional provision—former licences that require inserted by

meals to be provided No. 122/1993
s. 25.

(1) This section applies to the holder of a licence— (a) that has effect as a general licence or as a
club licence; and
(b) that is subject to a condition that enables the holder to sell liquor for consumption with a meal on Sunday or Good Friday or both.

(2) Despite anything to the contrary in the conditions

of the licence, the holder may sell liquor for
consumption on Sunday and on Good Friday (and
in any period immediately following midnight on
those days) regardless of whether the holder
provides or sells or offers to provide or sell a
meal.

(3) Sub-section (2) does not authorise the sale of liquor beyond the time permitted by the licence.

167
Liquor Control Act 1987

s. 175B	Act No. 97/1987
S. 175B	175B. Transitional provision—Commission may amend
inserted by
No. 122/1993	meals condition in certain former licences
s. 25.	(1) This section applies to hotelkeeper's licences and tourist facility licences granted under the repealed Act that contain a condition that enables the

licensee to sell and dispose of liquor on weekdays
and Saturdays if the liquor is consumed with, or
ancillary to, a meal.
(2) The Commission may delete from a licence to which this section applies any restriction that prohibits the sale or disposal on weekdays and
Saturdays (and in any period on Sunday mornings immediately after Saturday midnight) of liquor that is not sold, or disposed of, to be consumed with, or ancillary to, a meal.

(3) The Commission may exercise this power of its

own motion and need not give notice to anyone of
its intention to exercise this power.

S. 175C

inserted by	175C. Transitional provision—proof of age card
No. 96/1995
s. 11.	(1) A document issued by the Chief Executive Officer on or after 1 July 1993 which indicates that the person to whom the document was issued was, at the time of issue, of or over the age of 18 years is deemed to be and to always have been as valid and effective as it would have been if there had been power to issue the document at the time it was issued and the Chief Executive Officer is deemed to have and to always have had the power to issue the document.
(2) A document to which sub-section (1) applies is deemed to have effect for the purposes of this Act as if it were an evidence of age document.

_______________

168
Liquor Control Act 1987

Act No. 97/1987 s. 176

* * * * * Pt 9 (Heading
and ss 176,
177)
amended by
No. 70/1988
s. 6(e)(f),
repealed by
No. 122/1993

__________________ s. 26(m).
Pt 10

* * * * * (Heading and
ss 178–181)

amended by No. 48/1988
s. 46 (as
amended by
No. 1/1989
s. 3(e)),

repealed by No. 122/1993
s. 26(m).

__________________

169
Liquor Control Act 1987

Sch. 1

Act No. 97/1987

SCHEDULES

Sch. 1	SCHEDULE 1
amended by
No. 55/1992	Section 58.
s. 8(a)–(c).

CLUB LICENCES

The rules of a club—

(a)
must preclude the payment of any amount to an officer or servant of the club for the sale and disposal of liquor;

(b) must provide that a visitor to the club must not be supplied with liquor in the club premises unless the visitor is—
(i) a guest in the company of a member of the club; or
(ii) an authorised gaming visitor admitted in accordance with the rules of the club;

(c) must provide that a person shall not—
(i) be admitted as an honorary or temporary member of the club; or
(ii) be exempted from the obligation to pay the ordinary subscription for membership of the club—

unless the person is of a class specified in the rules and the
admission or exemption is in accordance with the rules;

(d) except in the case of a club primarily for sporting purposes, must provide that a person under the age of 18 years shall not be admitted to membership of the club;
(e) must provide for a Management Committee of the club with responsibility for the affairs of the club;
(f)
the club be elected for a term of not less than 12 months by
must provide that the members of the Management Committee of centum of the total membership of the club, excluding temporary or honorary members and persons who are members by reason only of reciprocal arrangements with another club and persons whose rights as members are limited to rights as social, gaming or neighbourhood members;

(g)

unless the club is a corporation or is registered under the Associations Incorporation Act 1981—

170
Liquor Control Act 1987

Act No. 97/1987 Sch. 1
(i)    must provide that the facilities of the club are provided and maintained from the joint funds of the club;
(ii)    except as otherwise permitted under the Liquor Control Act 1987, must not enable any person to receive a greater profit, benefit or advantage from the club than that to which any
member is entitled;
(iii)    must provide for periodic meetings of the Management Committee and the recording of minutes of the meetings;

(iv) must provide—
(A) that not less than two weeks shall elapse between the

date of nomination and the date of election of
ordinary members; and

(B) that the name and addresses of persons proposed for election as members of the Management Committee of the club shall be displayed in a conspicuous place in the club premises for not less than one week before

the date of the election; and

(C) for the election of members of the Management
Committee by the general body of members; and
(D) for the keeping of records of members voting at an election of members; and

(h) must provide for the keeping of records of guests; and
(i)    in the case of a club in respect of which a venue operator's licence is in force, must provide that an authorised gaming visitor must—
(i)    produce evidence of his or her residential address before being admitted to the licensed premises; and
(ii)    carry identification at all times whilst on the licensed premises; and
(iii)    comply with any relevant rules of the club whilst on the licensed premises.

_______________

171
Liquor Control Act 1987

Sch. 2

Act No. 97/1987

Sch. 2	SCHEDULE	2
amended by

No. 57/1989	Section 159.
s. 3(Sch. item
119.7).	WARRANT TO ENTER PREMISES

To a member of the Police Force of the State of
Victoria and to
WHEREAS it appears to me , a Magistrate for the the Chief Executive Officer of the Liquor Licensing Commission under the Liquor Control Act 1987 that there is reasonable ground for suspecting that there are in certain premises situated at books which are relevant to the assessment or collection of a licence fee payable under the Liquor Control Act 1987, this is to authorise you, with such assistance as you may find necessary, to enter by day or night upon those premises and if necessary to use force for making entry whether by breaking open doors or otherwise and to search the premises and to break open and search any safe, cupboard, drawer, chest, trunk, box, package or other receptacle, whether a fixture or not, in the premises and to take possession of or secure against interference any books and to deliver any books into the possession of the Chief Executive Officer or a person authorised by the Chief Executive Officer receive them and for so doing this shall be your warrant.

Given under my hand at this day of
Magistrate.
*Delete whichever is not applicable.

_______________

172
Liquor Control Act 1987

Act No. 97/1987 Sch. 3

SCHEDULE 3 Sch. 3
amended by

Section 163. No. 70/1988
s. 4(k)(l).

LICENCES AND PERMITS HAVING EFFECT AS LICENCES

AND PERMITS UNDER THIS ACT

Item Column 1 Column 2

Section of Licence or Licence or permit under
Repealed Act Permit this Act

1 26 Hotelkeeper's licence (a) General licence; or
(b) If an election is
made under section
163 and the licensed
premises have at
least 20 bedrooms—
residential licence

2 26A Residential licence Residential licence
3 27 Booth licence Limited licence
4 27A Caterer's licence On-premises licence
5 28 Restaurant licence On-premises licence
6 29 Cabaret licence On-premises licence
7 30 Theatre licence Limited licence
8 30A Auctioneer's licence Limited licence
9 31 Wholesale liquor Producer's or distributor's
merchant's licence licence granted to a
distributor

10 31A Ships provedore's licence Producer's or distributor's
licence granted to a
distributor

11 32 Retail bottled liquor Packaged liquor licence
licence
12 35 Vigneron's licence Producer's or distributor's
licence granted to a
vigneron
13 35A Cider tavern licence General licence
14 35B Mead producer's licence Producer's or distributor's
licence granted to a
producer
15 36 Ship's licence On-premises licence

173
Liquor Control Act 1987

Sch. 3

Act No. 97/1987

Item Column 1 Column 2

Section of Licence or Licence or permit under
Repealed Act Permit this Act

16 37 Brewer's licence Producer's or distributor's
licence granted to a
producer
17 38 Club licence Club licence
18 38A Tourist facility licence On-premises licence
19 38B Exhibition licence Limited licence

20 38C Convention facility licence On-premises licence
21 38D

Victorian Food and Wine Limited licence
Festival licence
22 38E

Cultural Centre licence On-premises licence
23 38F

Victorian Arts Centre On-premises licence
licence
24 39

Australian Wine licence Packaged liquor licence
25 39A

Wine Centre licence General licence
26 40

Rutherglen Wine Festival Limited licence
licence

27 40A Tertiary institution licence Club licence

28 41 Canteen licence On-premises licence
29 43A Works licence On-premises licence
30 45A Cafe permit BYO permit
30 45B(3) Unlicensed Club permit BYO permit
A

31 45B(11) and Particular function or Limited licence

(12) occasion permit

32 45C(9) and (10) Public hall permit Limited licence

33 45D Restricted club permit Club licence (as a
restricted club licence)
34 46 Supply of meal at inclusive Limited licence
charge permit

35 46A Giftmaker's liquor permit Limited licence

═══════════════

174
Liquor Control Act 1987

Act No. 97/1987 Notes

NOTES

1. General Information

Minister's second reading speech—
Legislative Assembly: 17 September 1987
Legislative Council: 13 October 1987

The long title for the Bill for this Act was "A Bill relating to the sale, disposal and consumption of liquor and for other purposes.".

The Liquor Control Act 1987 was assented to on 1 December 1987 and came into operation as follows:

1988 page 753; rest of Act (except sections 176(3), 177) on 3 May 1988:

Sections 8, 10–14, 35–38 on 26 April 1988: Government Gazette 30 March proclaimed, repealed by No. 70/1988 section 6(f); section 176(3) was never proclaimed, repealed by No. 122/1993 section 26(m).

175
Liquor Control Act 1987

Notes

Act No. 97/1987

2. Table of Amendments

This Version incorporates amendments made to the Liquor Control Act
1987 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Health (General Amendment) Act 1988, No. 48/1988 (as amended by No. 1/1989)

Assent Date: 24.5.88
Commencement Date: S. 46 on 1.12.88: Government Gazette 30.11.88
p. 3563
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
State Superannuation Act 1988, No. 50/1988

Assent Date: 24.5.88
Commencement Date: S. 93(3) on 1.7.87: s. 2(1); s. 93(4) on 27.11.87;
s. 2(2); Pt 1, Div. 2 of Pt 6, s. 91 on 1.1.88; s. 2(3);
rest of Act on 1.7.88: Government Gazette 1.6.88
p. 1487
Current State: All of Act in operation
Liquor Control (Amendment) Act 1988, No. 70/1988

Assent Date: 15.12.88
Commencement Date: 15.12.88
Current State: All of Act in operation
Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date: 14.6.89
Commencement Date: S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette
30.8.89 p. 2210; rest of Act on 1.9.90: Government
Gazette 25.7.90 p. 2217
Current State: All of Act in operation
Liquor Control (Fees) Act 1990, No. 59/1990

Assent Date: 20.11.90
Commencement Date: 20.11.90
Current State: All of Act in operation
Liquor Control (Packaged Liquor Licences) Act 1990, No. 68/1990

Assent Date: 30.11.90
Commencement Date: 30.11.90
Current State: All of Act in operation
Lotteries Gaming and Betting (Amendment) Act 1991, No. 3/1991

Assent Date: 9.4.91
Commencement Date: 16.4.91: Special Gazette (No. 19) 16.4.91 p. 1
Current State: All of Act in operation
Shop Trading (Further Amendment) Act 1991, No. 56/1991

176
Liquor Control Act 1987

Act No. 97/1987 Notes

Assent Date: 29.10.91
Commencement Date: 1.11.91: Government Gazette 30.10.91 p. 2971
Current State: All of Act in operation
Liquor Control (Clubs) Act 1992, No. 55/1992

Assent Date: 14.8.92
Commencement Date: 14.8.92
Current State: All of Act in operation
Liquor Control (Amendment) Act 1993, No. 122/1993

Assent Date: 7.12.93
Commencement Date: All of Act (except s. 19) on 7.12.93: s. 2(1); s. 19 on
1.1.94: s. 2(2)
Current State: All of Act in operation
Medical Practice Act 1994, No. 23/1994

Assent Date: 17.5.94
Commencement Date: S. 118(Sch. 1 item 31.1) on 1.7.94: Government
Gazette 23.6.94 p. 1672
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Casino Control (Miscellaneous Amendments) Act 1994, No. 36/1994

Assent Date: 31.5.94
Commencement Date: S. 21 on 2.6.94: Government Gazette 2.6.94 p. 1339
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Gaming and Betting Act 1994, No. 37/1994

Assent Date: 2.6.94
Commencement Date: S. 232 on 15.8.94: Special Gazette (No. 55) 15.8.94
p. 1
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Australian Grand Prix Act 1994, No. 68/1994

Assent Date: 25.10.94

Commencement Date:

Pt 1 (ss 1–6) on 25.10.94: s. 2(1): rest of Act on 28.10.94: Government Gazette 27.10.94 p.2854
Current State: All of Act in operation
Liquor Control (Amendment) Act 1994, No. 83/1994

Assent Date: 29.11.94
Commencement Date: 29.11.94
Current State: All of Act in operation
Australian Grand Prix (Further Amendment) Act 1995, No. 87/1995

177
Liquor Control Act 1987

Notes

Act No. 97/1987

Assent Date: 5.12.95
Commencement Date: S. 16 on 7.12.95: Government Gazette 7.12.95 p.
3380
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Liquor Control (Further Amendment) Act 1995, No. 96/1995

Assent Date: 5.12.95
Commencement Date: Ss 1, 2 on 5.12.95: s. 2(1); Pt 4 (ss 14–21) on 7.12.95:
Government Gazette 7.12.95 p. 3379—see
Interpretation of Legislation Act 1984; rest of Act
on 22.2.96: Government Gazette 22.2.96 p. 385—see
Interpretation of Legislation Act 1984
Current State: All of Act in operation
Liquor Control (Licences and Permits) Act 1995, No. 97/1995

Assent Date: 5.12.95
Commencement Date: 5.12.95
Current State: All of Act in operation
Legal Practice Act 1996, No. 35/1996

Assent Date: 6.11.96
Commencement Date: S. 453(Sch. 1 item 51) on 1.1.97: s. 2(3)
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Children and Young Persons (Miscellaneous Amendments) Act 1996,
No. 44/1996

Assent Date: 26.11.96
Commencement Date: 26.11.96
Current State: All of Act in operation
Co-operatives Act 1996, No. 84/1996

Assent Date: 23.12.96
Commencement Date: S. 467(Sch. 6 item 10) on 1.10.97: Special Gazette
(No. 122) 1.10.97 p. 1
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Gaming No. 2 Act 1997, No. 16/1997

Assent Date: 6.5.97
Commencement Date: S. 116 on 31.3.98: s. 2(4)
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Business Franchise Fees (Safety Net) Act 1997, No. 94/1997

Assent Date: 16.12.97
Commencement Date: Ss 12, 13(1)-(4)(6), 14-17, 19 at 3.30 p.m. on 6.8.97:
s. 2(1); ss 13(5), 18, 20 on 16.12.97: s. 2(3)
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

178
Liquor Control Act 1987

Act No. 97/1987 Notes

Assent Date: 26.5.98
Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2)
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No.
52/1998

Assent Date: 2.6.98
Commencement Date: S. 311(Sch. 1 item 51) on 1.7.98: Government Gazette
18.6.98 p. 1512
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987
State Taxation (Further Amendment) Act 1998, No. 103/1998

Assent Date: 1.12.98
Commencement Date: S. 11 on 6.8.97 at 3.30 p.m.: s. 2(2)
Current State: This information relates only to the provision/s
amending the Liquor Control Act 1987

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

179
Liquor Control Act 1987

Notes

Act No. 97/1987

3. Explanatory Details
1 S. 6(2)(e): Short title amended to "Community Services Act 1970" by Act
No. 16/1987 s. 4(1).
2 Pt 2: Section 21 of the Liquor Control (Further Amendment) Act 1995,
No. 96/1995 reads as follows:
21. Commission to continue in existence
(1) The Commission continues to exist.
(2) Sub-section (1) has effect despite the fact that the
Public Bodies Review Committee in its final should cease to exist.
report with respect to the Liquor Licensing
Commission (within the meaning of the Principal
Act) laid before the Legislative Assembly on 5
September 1995 and the Legislative Council on 3

(3) Section 4P(4) of the Parliamentary Committees Act 1968 does not apply to that report.

3 S. 163(2): Section 24(2) of the Liquor Control (Amendment) Act 1993,
No. 122/1993 reads as follows:

24. Commission may allow the relocation of old licences

(2) The Commission is deemed to have had the power
conferred on it by section 163 of the Liquor since 3 May 1988.

180

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Citations

Liquor Control Act 1987 (Vic)

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

0

1.	Purpose	1
2.	Commencement	1
3.	Definitions	8
4.	Repealed	8
4A.	Minister empowered to reduce distances for purposes of
definition of authorised gaming visitor	8

5.	Object	9
6.	Co-ordinating Council	9
7.	Act not to apply in certain cases	11

PART 2—LIQUOR LICENSING COMMISSION	14
Division 1—The Commission	14

10.	Appointment	15
11.	Qualification for appointment of Commissioner and Deputy
Commissioner	16
12.	Terms of appointment	16
13.	Remuneration and allowances	16
14.	Superannuation	16
15.	Acting appointments	17
16.	Delegation	19
17.	Outside employment	20
18.	Leave of absence	20
19.	Removal from office	20
20.	Resignation	21

23.	Commission to be constituted by one member	22
24.	Procedure of Commission	22
25.	Preliminary conferences	22
26.	Hearings to be in public except in special circumstances	24
27.	Opportunity to make submissions concerning evidence	26
28.	Powers of Commission	26
29.	Failure of witness to attend	28
30.	Refusal to be sworn or to answer questions	28
31.	Contempt of Commission	29
32.	Power of Commission to dismiss application or strike out party	29
33.	Reasons for and effect of review of determination	30
34.	Costs	31

35.	Chief Executive Officer	32
36.	Terms of appointment	32
37.	Remuneration and allowances	32
38.	Superannuation	33
39.	Acting appointment	33
40.	Delegation	34
41.	Removal from office	34
42.	Resignation	34
43.	Functions of Chief Executive Officer	35
44.	Licensing inspectors	35
45.	Registrar and employees	36

46.	Residential licence	37
47.	General licence	38
48.	Club licence	39
49.	Producer's or distributor's licence	42
50.	On-premises licence	44
51.	Packaged liquor licence	46
52.	Limited licence	47
53.	Extended hours permit	48
54.	BYO permit	48

55.	30-minute period for consumption of liquor after hours	49
56.	Gratuitous supply of liquor	50
57.	Bringing of liquor onto licensed premises	50

58.	Club licence subject to certain conditions	51
59.	Special provisions for certain sporting clubs	53

60.	Certain premises not to be licensed	53
61.	Limit on licences held by corporations	54
62.	Second application not permitted within one year	54

63.	Application for grant of licence or BYO permit	55
64.	Application for grant of extended hours permit	59
65.	Application for variation	61
66.	Procedure on request for variation by licensing inspector or Chief
Executive Officer	62
67.	Application for removal of licences and permits	63
68.	Applications for planning permits etc. lodged with Commission	64
69.	Application for transfer	64
70.	Copy of application to be given to police and to municipality	66
71.	Objection by police	67
72.	Advertisement of application	67
73.	Exemptions for limited licences	69
74.	Representations as to community interest	69
75.	Objection to grant or transfer of licence or permit	71
76.	Recommendation as to community interest	74
77.	Grant of application where no objection	75
78.	Procedure where objection made	76
79.	Hearing before Commission	76
80.	Conditional licence or permit	77
81.	Transfer of licence or permit may be subject to conditions	78
82.	Fee to be paid before grant of licence or permit	78
83.	Period of licence, permit or extended hours permit	78
84.	Form of licence or permit and endorsements	78
85.	Copy of licence or permit	79
86.	Nominee of licensee or permittee	79
87.	Transfer of licence or permit to incorporated association	80
88.	Concurrent dealing with transfer and removal	80
89.	Effect of transfer or removal	81

Section	Page
Division 6—Renewal of Licences and Permits	81

90.	Fee for renewal	81
91.	Notice of failure to renew licence to be given to owner etc.	82
92.	Power to owner and others to renew licence in certain cases	82

93.	Power to executors trustees etc. to carry on business	83
94.	Effect of endorsements	84
95.	Renewal of endorsed licence	85
96.	Licence or permit lapses if not endorsed	85
97.	Rights and duties of executors or administrators	85

98.	Surrender of licence or permit	86
99.	Release of licensee or permittee	87

100. Partner leaving partnership	87
101. Cancellation and suspension	88
102. Owner may carry on business under cancelled licence etc.	90
103. Disqualification	91
104. Effect of suspension of licence	93
Division 9—Appeals	93
105. Review by Full Commission	93
Division 10—Casino premises	94

105A.	Definitions	94
105B.	Application in respect of casino premises	94
105C.	Grant of application	95

105D.	Definitions	95
105E.	Application in respect of declared area	95
105F.	Grant of application	96

LICENSEES AND PERMITTEES	97
106. Owners and mortgagees of licensed premises	97
107. Refreshments to be available	97
108. Residents' register	97
109. Repealed	99
110. Name of licence to be affixed on premises	98

111. Licensees and permittees to give notice of certain changes	98
112. Alteration of premises	99
112A, 112B. Repealed	101

Section	Page
PART 5—FEES	101
113. Fees for licences, permits and extended hours permits	101
114–119. Repealed	103

119A.	Treasurer may make payments	103
119B.	Treasurer may require information	103
119C.	Records to be made and kept by producers and distributors	104

PART 6—OFFENCES AND LEGAL PROCEEDINGS	105
Division 1—Offences	105
120. Sub-letting prohibited	105
121. Control of business of supply of food and liquor	105
122. Offences by licensee and permittee	106
123. Offence to sell liquor without licence	107
124. Offence of holding out	108
125. Offence to take orders at unlicensed premises	108
126. Offence to procure transfer by fraud	109
127. Offence of selling or supplying liquor to minors	109

129. Offence to send minor to obtain liquor	113
130. Licensee not to permit minor to sell liquor	113
131. Offences by minors	113
131A. Wrongful dealing in evidence of age document	116
132. Offence to bring liquor to premises outside trading hours	117
133. Offence to keep liquor for sale in unlicensed club	117
134. Offences by persons other than licensee or permittee	117
135. Offence to consume or have liquor in milk bars etc.	118
136. Offence of betting on licensed premises	119
137. Offence to indicate licence or permit if premises not licensed	121
138. False or misleading statements	121
Division 2—Legal Proceedings	122
139. Presumption as to holder of licence or permit	122
140. Proof of formal matters	122
141. Averments	122
142. Sufficient evidence of certain matters	123

143. Property forfeited	126
144. Concurrent criminal proceedings	127
145. Notice of conviction	127
Division 3—Recovery of Fees and Fines	128

145B.	Chief Executive Officer may collect certain amounts	129
145C.	Service of process	131

145D.	Power to serve a notice	132
145E.	Form of notice	132
145F.	Withdrawal of notice	133
145G.	Penalties to be paid for offences under infringement notices	133
145H.	Payment of penalty	133
145I.	Notice not to prejudice further proceedings	134

PART 7—GENERAL	135
146. Lodging of applications and notices	135
147. Council or co-operative may hold licence or permit	135
148. Power to trustees of licensed premises	136
149. Statutory declarations by persons supplying liquor to licensees	137
150. Application of Lotteries Gaming and Betting Act 1966	138
151. Giving of notices etc.	139
151A. Issue of proof of age cards	141
152. Power to demand suspected minor to give his or her age	141
152A. Seizure of evidence of age document	143
153. Seizure of liquor from minors	144
154. Entry to licensed premises	144
155. General warrant to enter and search	146
156. Power to seize liquor in certain cases	147
157. Police to assist if person asked to leave premises	148
157A. Repealed	149
158. Power for licensing fund assessors to search	148
159. Warrant to enter and search in relation to licence fees	150
160. Regulations and Orders	152
PART 8—TRANSITIONAL PROVISIONS	154
161. Definitions	154
162. Transitional provision for Liquor Control Commission	154
163. Transitional provisions for licences under repealed Act	155
164. Licence having effect as residential licence	156
165. Licence having effect as general licence	157
166. Licence having effect as club licence	158
167. Licence having effect as producer's or distributor's licence	159
168. Licence having effect as on-premises licence	161
169. Licence having effect as packaged liquor licence	162
170. Licence having effect as limited licence	163
171. Permit having effect as BYO permit	163
172. Transitional provision—dry areas	163
173. Transitional provision—cinema licences	166

SCHEDULES	170
SCHEDULE 1—Club licences	170
SCHEDULE 2—Warrant to enter premises	172
SCHEDULE 3—Licences and permits having effect as licences and

NOTES	175
1. General Information	175
2. Table of Amendments	176
3. Explanatory Details	180