Liquor Control Reform Amendment Act 2021 (Vic)
Liquor Control Reform Amendment Act 2021
No. 49 of 2021
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Principal Act
Part 2—Amendment of Principal Act
4Definitions
5New section 3C inserted
6Objects
7What are the categories of licences and permits that may be issued under this Act?
8General licence
9On-premises licence
10Restaurant and cafe licence
11Club licence
12Packaged liquor licence
13Late night licence
14New section 11B inserted
15Producer's licence
16BYO permit
17New sections 18C and 18D inserted
18New section 21B inserted
19Certain premises not to be licensed
20Section 25A repealed
21Restriction on the grant of certain licences—approved responsible service of alcohol programs
22New section 27AA inserted
23Form of application
24Application for variation of licence or BYO permit
25Advertisement of licence application
26Objection by local council
27Objection to licence by licensing inspector
28Determination of uncontested applications
29Variation of licence or BYO permit at initiative of Commission
30New section 58AB inserted
31Power to owner and others to renew licence
32New Division 8A of Part 2 inserted
33Requirement to provide wholesale information
34Inquiry into whether there are grounds to take disciplinary action
35Other interested persons to be given notice of any inquiry under this Division
36Other interested persons to be given notice of proposal to conduct inquiry under section 94
37Matters Commission must consider when exempting licensees from free drinking water requirements
38Residents' register
39Plan of premises to be given to the Commission if requested
40Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements
41Taking orders for liquor at unlicensed premises
42New sections 109B and 109C inserted
43Consuming or having liquor on unlicensed premises
44Prohibited advertising or promotion
45Injunctions to do an act or thing
46Power to serve an infringement notice
47Definitions—Division 6 of Part 8
48Liquor accord terms
49New sections 146DA and 146DB inserted
50Decisions on internal review
51New Division 2A of Part 9 inserted
52New Division 3 of Part 9 inserted
53Appeal to Supreme Court—statute law revision
54Records to be made and kept by certain licensees
55Regulations
56Schedule 1—Club licences
57Transitional provision—dry areas
58Councils may take poll of voters
59Savings and transitional provisions
60New Schedule 6 inserted
Part 3—Consequential amendment
61Consequential amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011
Part 4—Repeal of this Act
62Repeal of this Act
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Endnotes
1 General information
Liquor Control Reform Amendment Act 2021
No. 49 of 2021
[Assented to 9 November 2021]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the Liquor Control Reform Act 1998—
(a)to make amendments to certain licences authorising the supply of liquor, including the introduction of a new licence category for online-only vendors of packaged liquor; and
(b)to make amendments to the application and objection process for licences that apply to large packaged liquor outlets in order to reduce harm; and
(c)to make amendments to the review of decisions made by the Victorian Commission for Gambling and Liquor Regulation; and
(d)to introduce a new mechanism for VCAT to review decisions made by the Victorian Commission for Gambling and Liquor Regulation on internal review; and
(e)to abolish restrictions relating to the grant of liquor licences in dry areas; and
(f)to make other related amendments to improve the operation of that Act.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 31 December 2022, it comes into operation on that day.
3Principal Act
In this Act, the Liquor Control Reform Act 1998 is called the Principal Act.
Part 2—Amendment of Principal Act
4Definitions
(1)In section 3(1) of the Principal Act insert the following definitions—
"family violence has the same meaning as in the Family Violence Protection Act 2008;
harm means harm arising from the misuse and abuse of alcohol, including—
(a)harm to minors, vulnerable persons or communities, including groups within communities; and
(b)family violence; and
(c)anti-social behaviour, including behaviour that causes personal injury or property damage;
highway service centre means a building or place that is used to provide refreshments and vehicle services to highway (including freeway) users which—
(a)includes a petrol station; and
(b)includes one or more businesses that supply take away food and drink; and
(c)operates 24 hours a day, 7 days a week;
municipal district has the same meaning as in the Local Government Act 2020;".
(2)In section 3(1) of the Principal Act, for the definition of liquor that is the licensee's product substitute—
"liquor that is the licensee's product means liquor that is—
(a)beer, wine, cider or a spirit that—
(i)in the case of beer, has been brewed by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the beer; and
(ii)in the case of wine, cider or a spirit that is brandy—
(A)has been made from fruit grown by the licensee who has assumed the financial risk of the production; or
(B)has been made under the direction of the licensee from fruit grown in Australia that was not grown by the licensee who has assumed the financial risk of the production; and
(iii)in the case of a spirit that is not brandy, has been distilled by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the spirit; or
(b)mead that has been made by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the mead; or
(c)sake that has been brewed by or at the direction of the licensee and the licensee has assumed the financial risk of the production of the sake; or
(d)any other prescribed substance;".
(3)In section 3(1) of the Principal Act, in the definition of convenience store, for "a premises" substitute "a milk bar, mixed business or other premises".
(4)In section 3(1) of the Principal Act, in the definition of ordinary trading hours—
(a)in paragraph (c), for "or late night (packaged liquor) licence" substitute ", a late night (packaged liquor) licence or an online-only vendor packaged liquor licence";
(b)for paragraph (e) substitute—
"(e)in addition to the ordinary trading hours referred to in paragraph (a) in relation to a restaurant and cafe licence, the hours between 1 a.m. and 3 a.m. on 1 January;".
(5)In section 3(1) of the Principal Act, in the definition of vending machine, after "into the machine or device" insert "or by way of contactless card payment".
5New section 3C inserted
After section 3B of the Principal Act insert—
3CWhere supply occurs if order placed online"
For the purposes of this Act, if liquor is provided to a person who placed the order online, the supply of the liquor to the person occurs at the place where the liquor was appropriated to the person's order.
Example
A customer orders a home delivery of a carton of beer from the licensee of an online-only vendor packaged liquor licence. The licensee does not have a retail premises open to the public and the licensee's licensed premises is a warehouse where liquor is stored. The customer places and pays for the order online. A staff member of the licensee selects the beer from the licensee's warehouse and packs it into a box for delivery. In this scenario the beer is supplied to the customer at the warehouse because that is where it was appropriated to the customer's order.".
6Objects
(1)In section 4(1)(a) of the Principal Act omit "arising from the misuse and abuse of alcohol,".
(2)In section 4(2) of the Principal Act omit "and the risks associated with the misuse and abuse of alcohol".
7What are the categories of licences and permits that may be issued under this Act?
After section 7(f) of the Principal Act insert—
"(fa)online-only vendor packaged liquor licence;".
8General licence
(1)Section 8(1)(a)(ii) of the Principal Act is repealed.
(2)For section 8(1)(ba) of the Principal Act substitute—
"(ba)to supply liquor on the licensed premises between 11 p.m. on any particular day until 1 a.m. on the following day for consumption on the licensed premises and, if so determined by the Commission and specified in the licence, for consumption off the licensed premises; and".
(3)In section 8(1)(c) of the Principal Act, for "premises." substitute "premises; and".
(4)After section 8(1)(c) of the Principal Act insert—
"(d)to supply liquor by orders placed online.".
(5)After section 8(2)(ca) of the Principal Act insert—
"(cb)the condition that the licensee notifies the Commission before commencing the supply of liquor by orders placed online; and
(cc)if the licensee commences the supply of liquor by orders placed online, the conditions set out in section 18C (supply of liquor through online orders); and
(cd)the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and
(ce)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and".
(6)After section 8(3) of the Principal Act insert—
"(4)Nothing in this section affects any existing obligation that applies to the licensed premises under a planning scheme within the meaning of the Planning and Environment Act 1987.".
9On-premises licence
In section 9(1)(a)(ii) of the Principal Act omit ", if so determined by the Commission and specified in the licence".
10Restaurant and cafe licence
(1)After section 9A(1)(a)(i) of the Principal Act insert—
"(ia)between 11 p.m. on any particular day until 1 a.m. on the following day; and".
(2)For section 9A(1)(b) of the Principal Act substitute—
"(b)subject to section 15A, to supply liquor on any other premises authorised by the Commission and specified in the licence, during ordinary trading hours and between 11 p.m. on any particular day until 1 a.m. on the following day for consumption on those premises; and
(c)to supply liquor on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises during ordinary trading hours; and
(d)to supply liquor by orders placed online.".
(3)After section 9A(2)(d) of the Principal Act insert—
"(da)the condition that any liquor supplied in sealed containers, bottles or cans must be supplied together with a takeaway adult meal or delivery adult meal prepared on the premises of the licensee; and
(db)the condition that the supply of liquor to a person for a takeaway adult meal or delivery adult meal must not be more than 750 millilitres capacity in the case of wine or six containers of not more than 375 millilitres capacity each in the case of beer, cider or pre-mixed spirits; and
(dc)the condition that the licensee notifies the Commission before commencing the supply of liquor—
(i)on the licensed premises in sealed containers, bottles or cans for consumption off the premises; or
(ii)by orders placed online; and
(dd)if the licensee commences the supply of liquor by orders placed online, the conditions set out in section 18C (supply of liquor through online orders); and
(de)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and".
(4)After section 9A(5) of the Principal Act insert—
"(6)Nothing in this section affects any existing obligation that applies to the licensed premises under a planning scheme within the meaning of the Planning and Environment Act 1987.".
11Club licence
(1)After section 10(2A) of the Principal Act insert—
"(2B)A full club licence also authorises the licensee to supply liquor to a member of the club by orders placed online.".
(2)After section 10(3) of the Principal Act insert—
"(3A)In addition to subsections (2), (2A), (2B) and (3), a club licence authorises the licensee—
(a)to supply liquor to members of the public at club events or functions on the licensed premises; and
(b)to supply liquor on the licensed premises in other circumstances determined by the Commission and specified in the licence.".
(3)After section 10(4) of the Principal Act insert—
"(4A)A full club licence is also subject to—
(a)a condition that the licensee notifies the Commission before commencing the supply of liquor by orders placed online; and
(b)if the licensee commences the supply of liquor by orders placed online, the conditions set out in section 18C (supply of liquor through online orders); and
(c)the condition that the licensee must not allow liquor to be delivered except before 11 p.m. only; and
(d)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor.".
(4)In section 10(5) of the Principal Act, for "subsection (1)" substitute "subsections (1), (2), (2A), (2B), (3) and (3A)".
(5)Section 10(6) of the Principal Act is repealed.
12Packaged liquor licence
(1)After section 11(2) of the Principal Act insert—
"(2A)A packaged liquor licence also authorises the licensee to supply liquor by orders placed online so long as the licensee's predominant activity remains the sale by retail of liquor for consumption off the licensed premises.".
(2)Section 11(3)(aad) of the Principal Act is repealed.
(3)After section 11(3)(c) of the Principal Act insert—
"(ca)the condition that the licensee notifies the Commission before commencing the supply of liquor by orders placed online; and
(cb)if the licensee commences the supply of liquor by orders placed online, the conditions set out in section 18C (supply of liquor through online orders); and
(cc)the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and
(cd)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and".
(4)Section 11(5), (6) and (7) of the Principal Act are repealed.
13Late night licence
(1)For section 11A(2)(ba) of the Principal Act substitute—
"(ba)to supply liquor on the licensed premises between 11 p.m. on any particular day until 1 a.m. on the following day for consumption on the licensed premises and, if so determined by the Commission and specified in the licence, for consumption off the licensed premises; and".
(2)In section 11A(2)(c) of the Principal Act, for "premises." substitute "premises; and".
(3)After section 11A(2)(c) of the Principal Act insert—
"(d)to supply liquor by orders placed online.".
(4)After section 11A(3)(a)(i) of the Principal Act insert—
"(ia)between 11 p.m. on any particular day until 1 a.m. on the following day; and".
(5)In section 11A(5) of the Principal Act—
(a)in paragraph (d), for "the conditions set out in sections 11(3)(aa) to 11(3)(aad)" substitute "the condition set out in section 11(3)(aa)";
(b)after paragraph (da) insert—
"(db)in the case of a late night (general) licence or a late night (packaged liquor) licence, the condition that the licensee notifies the Commission before commencing the supply of liquor by orders placed online; and
(dc)in the case of a late night (general) licence or a late night (packaged liquor) licence, if the licensee commences the supply of liquor by orders placed online, the conditions set out in section 18C (supply of liquor through online orders); and
(dd)in the case of a late night (general) licence or a late night (packaged liquor) licence, the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and
(de)in the case of a late night (general) licence or a late night (packaged liquor) licence, the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and".
(6)In section 11A(6) of the Principal Act, for "Sections 11(2) and 11(5) to 11(8)" substitute "Sections 11(2) and 11(2A)".
(7)After section 11A(6) of the Principal Act insert—
"(7)Nothing in this section affects any existing obligation that applies to a licensed premises under a planning scheme within the meaning of the Planning and Environment Act 1987.".
14New section 11B inserted
After section 11A of the Principal Act insert—
11BOnline-only vendor packaged liquor licence"
(1)An online-only vendor packaged liquor licence authorises the licensee to supply liquor by orders placed online on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises—
(a)during ordinary trading hours; and
(b)at any time on Christmas Day or on Good Friday determined by the Commission and specified in the licence.
(2)An online-only vendor packaged liquor licence is subject to—
(a)the condition set out in section 16 (compliance with planning scheme); and
(b)if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and
(c)the conditions set out in section 18C (supply of liquor through online orders); and
(d)the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and
(e)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and
(f)any other conditions determined by the Commission and specified in the licence.".
15Producer's licence
(1)In section 13(1)(c) of the Principal Act, for "request." substitute "request; and".
(2)After section 13(1)(c) of the Principal Act insert—
"(d)to supply liquor by orders placed online.".
(3)After section 13(2)(c) of the Principal Act insert—
"(ca)the condition that the licensee notifies the Commission before commencing the supply of liquor by orders placed online; and
(cb)if the licensee commences the supply of liquor by orders placed online, the conditions set out in section 18C (supply of liquor through online orders); and
(cc)the condition that the licensee must not allow liquor to be delivered except during ordinary trading hours; and
(cd)the condition that the licensee comply with any Ministerial order that imposes additional requirements on licences that authorise the supply of packaged liquor; and".
16BYO permit
After section 15(1) of the Principal Act insert—
"(1A)A BYO permit also authorises liquor to be consumed, possessed or controlled on the premises in respect of which the permit is granted between the hours of 11 p.m. on 31 December and 1 a.m. on 1 January.".
17New sections 18C and 18D inserted
After section 18B of the Principal Act insert—
18CLicence conditions—supply of liquor through online orders"
(1)It is a condition of every licence that authorises the supply of liquor by orders placed online that the licensee—
(a)displays the licensee's liquor licence number prominently—
(i)on its website or any other online platform or interface through which liquor can be ordered; and
(ii)in any promotional or advertising material in relation to online ordering; and
(b)displays any notice that the Commission requires the licensee to display on its website or any other online platform or interface through which liquor can be ordered; and
(c)provides instructions to the person responsible for the delivery of liquor by orders placed online that delivery must occur—
(i)in the case of a full club licence, before 11 p.m. only; or
(ii)in any other case, within ordinary trading hours only; and
(d)complies with the requirements of subsections (2) to (4); and
(e)complies with any other prescribed requirements in relation to the matters referred to in paragraphs (a) to (d).
(2)Unless subsection (3A) applies, the first time a licensee supplies liquor to a person by an order placed online, the licensee must—
(a)require that person who placed the order confirm that they are of or over the age of 18 years; and
(b)in addition to subsection (1)(c), provide instructions to the person responsible for delivery of the liquor that—
(i)the liquor must only be delivered to the person who placed the order; and
(ii)the person who placed the order must be present at the time that the liquor is delivered; and
(iii)the person responsible for the delivery must verify the age of the person who placed the order by requiring the person to produce an evidence of age document; and
(c)comply with any other prescribed requirements in relation to the matters referred to in paragraphs (a) and (b).
(3)Subsection (2) does not apply to subsequent online orders made by the same person.
(3A)If an order for the supply of liquor is placed online by a person to be delivered to another person as a gift, the licensee must—
(a)require that the person who placed the order confirm that the person is of or over the age of 18 years; and
(b)require that the person who placed the order confirm that the order is to be delivered to another person as a gift and that the recipient of the gift is of or over 18 years; and
(c)obtain the name and address of the recipient of the gift; and
(d)provide instructions to the person responsible for the delivery of the liquor that—
(i)the liquor must only be delivered to the recipient of the gift or a person of or over the age of 18 years who is present at the address provided under paragraph (c); and
(ii)the person responsible for the delivery must verify the age of the recipient of the gift or the person present at the address provided under paragraph (c) by requiring that person to produce an evidence of age document; and
(e)comply with any other prescribed requirements.
(4)If the licensee has previously supplied liquor to a person by an order placed online that was not a gift supplied in accordance with subsection (3A), and that same person places a subsequent order, the licensee must—
(a)obtain instructions from the person who placed the order in relation to where to leave the liquor if that person is not present at the time that the liquor is delivered; and
(b)provide the instructions obtained from the person who placed the order to the person responsible for delivery of the liquor; and
(c)instruct the person responsible for delivery of the liquor that the liquor is only to be delivered in accordance with the instructions provided; and
(d)comply with any other prescribed requirements in relation to the matters referred to in paragraphs (a) to (c).
18DMinister may specify additional conditions in relation to supply of packaged liquor
(1)The Minister, by Order published in the Government Gazette, may specify additional conditions for licensees of licences that authorise the supply of packaged liquor.
(2)An Order under subsection (1) must not be inconsistent with any provision of this Act.
(3)The conditions may—
(a)apply generally to all classes or categories of licences that authorise the supply of packaged liquor; or
(b)apply to one or more specific classes or categories of licence that authorise the supply of packaged liquor.
(4)The Minister, at any time by Order published in the Government Gazette, may vary or revoke the conditions specified in an Order under subsection (1).
(5)Every licensee to which the conditions specified in an Order under subsection (1) apply must comply with those conditions.".
18New section 21B inserted
After section 21A of the Principal Act insert—
"21B Supply of packaged liquor during state of emergency
(1)This section applies during a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008.
(2)The Minister, by Order published in the Government Gazette, may authorise a licensee or class of licensees whose licence does not ordinarily authorise the supply of packaged liquor to supply packaged liquor in accordance with the Order.
(3)The following are not required for any proposed Order that is to be made under subsection (2)—
(a)consultation under section 12C of the Subordinate Legislation Act 1994;
(b)the preparation of a regulatory impact statement under section 12E of the Subordinate Legislation Act 1994.
(4)The supply of packaged liquor by a licensee to whom an Order under subsection (2) applies is subject to the following conditions—
(a)that packaged liquor is supplied on the licensee's licensed premises for consumption off the licensee's licensed premises; and
(b)that each transaction must be no more than—
(i)2 containers of wine not more than 750 millilitres capacity each; or
(ii)12 containers of beer, cider or pre‑mixed spirits not more than 375 millilitres capacity each; or
(iii)one container of wine not more than 750 millilitres capacity and 6 containers of beer, cider or pre‑mixed spirits not more than 375 millilitres capacity each.
(5)The Minister, at any time by Order published in the Government Gazette, may vary or revoke an Order under subsection (2).
(6)The Order under subsection (2) ceases to have effect on the earlier of—
(a)the state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008 ceasing to have effect; or
(b)its revocation by Order published in the Government Gazette.".
19Certain premises not to be licensed
(1)In section 22(1)(c) of the Principal Act, for "a milk bar, convenience store or mixed business" substitute "a convenience store".
(2)After section 22(1)(b) of the Principal Act insert—
"(ba)premises that are located at, or within, a highway service centre; or".
(3)In section 22(2) of the Principal Act—
(a)omit ", with the approval of the Minister,";
(b)for "the Minister is satisfied" substitute "satisfied, in accordance with subsection (2A),".
(4)After section 22(2) of the Principal Act insert—
"(2A)The Commission must have regard to any prescribed criteria in respect of whether—
(a)an area is a tourist area, or
(b)an area has special needs; or
(c)there are adequate existing facilities or arrangements for the supply of liquor in an area.".
20Section 25A repealed
Section 25A of the Principal Act is repealed.
21Restriction on the grant of certain licences—approved responsible service of alcohol programs
In section 26B(4)(a) of the Principal Act, for "arising from the misuse and abuse of liquor" substitute "from liquor".
22New section 27AA inserted
Before section 27 of the Principal Act insert—
27AADefinitions"
In this Division—
community impact assessment means a statement in a form approved by the Commission that contains the following information—
(a)consultation that the person making the application has undertaken with the local community regarding the proposed application;
(b)the positive and negative social and economic impacts of the proposed application on the local community;
(c)any other matters specified by the Commission;
large packaged liquor outlet means a packaged liquor outlet with a floor space greater than 750 square metres;
local community means—
(a)the community in the municipal district in which the licensed premises are to be located; and
(b)if the licensed premises are to be located within 5 kilometres of the boundary of another municipal district, the community in that municipal district.".
23Form of application
After section 28(1)(ab) of the Principal Act insert—
"(ac)if the application is for a licence that applies to a large packaged liquor outlet, include a community impact assessment; and".
24Application for variation of licence or BYO permit
After section 29(3) of the Principal Act insert—
"(3A)In addition to the requirements under subsection (3), if the variation would result in the licence applying to a large packaged liquor outlet, an application under subsection (1) must include a community impact assessment.".
25Advertisement of licence application
(1)For section 35(1) of the Principal Act substitute—
"(1)An applicant for the grant, variation or relocation of a packaged liquor licence, a late night (packaged liquor) licence or a prescribed licence must cause notice of the application to be advertised—
(a)in a newspaper (whether printed or published by electronic communication) circulating—
(i)in the area in which the premises to which the application relates are or are to be situated; or
(ii)in the area to which the licensed premises are sought to be relocated; or
(iii)generally throughout Victoria; or
(b)in the manner directed by the Commission under subsection (3)(b).".
(2)For section 35(2) of the Principal Act substitute—
"(2)The Commission may direct an applicant for the grant, variation or relocation of a licence to cause notice of the application to be advertised—
(a)in a newspaper (whether printed or published by electronic communication) circulating—
(i)in the area in which the premises to which the application relates are or are to be situated; or
(ii)in the area to which the licensed premises are sought to be relocated; or
(iii)generally throughout Victoria; or
(b)in the manner directed by the Commission under subsection (3)(b).".
26Objection by local council
In section 40(1A) of the Principal Act, for "the misuse or abuse of alcohol" substitute "harm".
27Objection to licence by licensing inspector
In section 41(1)(b)(ii) of the Principal Act, for "the misuse or abuse of alcohol" substitute "harm".
28Determination of uncontested applications
(1)In section 44(2)(b)(ii) of the Principal Act, for "the misuse or abuse of alcohol" substitute "harm".
(2)After section 44(2)(c) of the Principal Act insert—
"(d)in the case of an application for a licence that applies to a large packaged liquor outlet, that the net economic and social impact of granting the application would be detrimental to the wellbeing of the local community.".
29Variation of licence or BYO permit at initiative of Commission
For section 58(2)(aa) of the Principal Act, substitute—
"(aa)a variation of the category of licence held by the licensee to another category of licence;".
30New section 58AB inserted
After section 58A of the Principal Act insert—
"58AB Variation of licence or BYO permit during state of emergency
(1)The Commission, at its own initiative, at any time during a state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008 may vary a licence or BYO permit.
(2)The variation may apply to—
(a)a specified licence or BYO permit; or
(b)a specified category of licence; or
(c)a specified class of licence or BYO permit.
(3)The variation—
(a)must not be inconsistent with this Act or vary a condition imposed by this Act; and
(b)may impose a new condition on the licence or BYO permit; and
(c)may suspend the operation of an existing condition of the licence or BYO permit (other than a condition imposed by this Act) for a specified period.
(4)If the Commission varies a licence or BYO permit under this section, the Commission must give any licensee or permittee affected by the variation written notice of the variation as soon as practicable.
(5)A variation under this section ceases to have effect on the earlier of—
(a)the state of emergency declared under section 198 of the Public Health and Wellbeing Act 2008 ceasing to have effect; or
(b)its revocation by the Commission.".
31Power to owner and others to renew licence
In section 62(1) of the Principal Act, after "renewal of the licence" insert "or BYO permit".
32New Division 8A of Part 2 inserted
After Division 8 of Part 2 of the Principal Act insert—
"Division 8A—Cancellation of licence or BYO permit at request of owner or mortgagee
62AApplication for cancellation of a licence or BYO permit by owner or mortgagee
The owner or a mortgagee who is in lawful possession of a licensed premises may apply to the Commission to have a licence or BYO permit cancelled if—
(a)the licensee or permittee has been legally evicted from the licensed premises; or
(b)the licensee or permittee has abandoned the licensed premises; or
(c)the licensee's or permittee's lease, sublease, tenancy or right to occupy the licensed premises has been lawfully terminated.
62BLicensee or permittee must be notified of application for cancellation
If an application is made under section 62A, the Commission must give the following persons written notice that the owner or mortgagee has applied to cancel the licence or permit—
(a)the licensee or permittee to whom the application relates;
(b)any person the Commission considers would suffer material detriment as a result of the cancellation of the licence or permit.
62CLicensee or permittee may object to cancellation of licence or BYO permit
(1)The licensee, permittee or any other person given notice under section 62B to whom an application under section 62A relates may object to the cancellation of the licence or BYO permit.
(2)An objection must—
(a)be made to the Commission in writing within 14 days after the day on which notice is given under section 62B; and
(b)state reasons for the objection.
62DDecision to cancel licence or BYO permit
After the end of the period specified in section 62C(2)(a) (or that period as extended under section 174), the Commission must—
(a)if no objection is made, cancel the licence or BYO permit; or
(b)consider any objection made under section 62C and decide whether or not to cancel the licence or BYO permit.".
33Requirement to provide wholesale information
(1)In section 66AD(1) of the Principal Act, for "person on the prescribed day of every year" substitute "person—
(a)on the prescribed day of every year; or
(b)if the Commission has fixed another date for the provision of the information, on that date".
(2)After section 66AD(1) of the Principal Act insert—
"(1A)At the request of a reporting licensee or at its own initiative, the Commission may fix a date for the provision of the information required under subsection (1).
(1B)The Commission may fix a date under subsection (1A) in relation to—
(a)a particular licensee; or
(b)reporting licensees of a particular class; or
(c)all reporting licensees.
(1C)If a date is fixed under subsection (1A), the Commission must——
(a)if fixed in relation to a particular licensee, provide that licensee with written notice of the date for provision of the information; or
(b)in all other cases, publish a notice in the Government Gazette specifying—
(i)the date for provision of the information; and
(ii)the class of licensees to whom it applies or that it applies to all licensees.".
34Inquiry into whether there are grounds to take disciplinary action
In section 91(1)(b)(iii) of the Principal Act omit "or".
35Other interested persons to be given notice of any inquiry under this Division
In section 92A(1)(b)(i) of the Principal Act, after "newspaper" insert "(whether printed or published by electronic communication)".
36Other interested persons to be given notice of proposal to conduct inquiry under section 94
In section 94B(3)(a) of the Principal Act, after "newspaper" insert "(whether printed or published by electronic communication)".
37Matters Commission must consider when exempting licensees from free drinking water requirements
In section 99D(a) of the Principal Act, for "arising from the misuse and abuse of liquor" substitute "from liquor".
38Residents' register
In section 100(a) of the Principal Act omit "in a form approved by the Commission".
39Plan of premises to be given to the Commission if requested
Section 101A of the Principal Act is repealed.
40Matters Commission must consider when exempting licensees from responsible service of alcohol program requirements
In section 108AH(a) of the Principal Act, for "arising from the misuse and abuse of liquor" substitute "from liquor".
41Taking orders for liquor at unlicensed premises
(1)In section 109(2)(b) of the Principal Act, for "Act." substitute "Act; or".
(2)After section 109(2)(b) of the Principal Act insert—
"(c)a licensee who is authorised to supply liquor by orders placed online in respect of those orders.".
42New sections 109B and 109C inserted
After section 109A of the Principal Act insert—
109BWritten notice for delivery of liquor supplied online"
On the same day the order is placed, a licensee who supplies liquor by an order placed online must ensure that the delivery person is given written notice that the liquor must not be left unattended.
Penalty:60 penalty units.
109CPerson must not deliver liquor supplied online to intoxicated persons
A person must not knowingly deliver liquor supplied by an order placed online to a person who is intoxicated or in respect of whom there is a substantial risk of intoxication.
Penalty:120 penalty units.".
43Consuming or having liquor on unlicensed premises
For section 113(2)(a) of the Principal Act substitute—
"(a)premises that are a convenience store;".
44Prohibited advertising or promotion
After section 115A(1) of the Principal Act insert—
"(1A)For the purposes of subsection (1), advertising or promotion that is not in the public interest includes the following—
(a)advertising or promotion that is likely to appeal to minors;
(b)advertising or promotion that is likely to encourage or condone violence or anti-social behaviour;
(c)advertising or promotion that is directly or indirectly sexual, degrading or sexist;
(d)any other prescribed advertising or promotion.".
45Injunctions to do an act or thing
In section 133I(3)(d) of the Principal Act omit "arising from the misuse or abuse of alcohol".
46Power to serve an infringement notice
(1)After section 141(2)(f) of the Principal Act insert—
"(faa)section 109B (written notice for delivery of liquor supplied online);
(faab)section 109C (person must not deliver liquor supplied online to intoxicated persons);".
(2)After section 141(2)(l) of the Principal Act insert—
"(la)section 146DA (licensee or permittee must not disclose confidential information);".
47Definitions—Division 6 of Part 8
In section 146A of the Principal Act, in the definition of liquor accord—
(a)in paragraph (b), for "harm arising from the misuse and abuse of alcohol;" substitute "harm; and";
(b)after paragraph (b) insert—
"(c)that is published on the Commission's Internet site;".
48Liquor accord terms
In section 146B(b) of the Principal Act, for "accord." substitute "accord, for a period that does not exceed 12 months.".
49New sections 146DA and 146DB inserted
After section 146D of the Principal Act insert—
"146DA Licensee or permittee must not disclose confidential information
A person must not use or disclose any information received from the Commission or a police officer under section 146D except—
(a)for the purpose of enforcing a liquor accord ban; or
(b)as otherwise required or permitted by law.
Penalty:60 penalty units.
146DBLicensee or permittee may consult with police in relation to liquor accord
A licensee or permittee may consult with a police officer in relation to any of the following—
(a)the development of a liquor accord;
(b)the enforcement of a liquor accord;
(c)any other action relating to a liquor accord.".
50Decisions on internal review
In section 157(3) of the Principal Act—
(a)in paragraph (b) for "decision." substitute "decision; and";
(b)after paragraph (b) insert—
"(c)may require attendance at a compulsory conference under Division 2A.".
51New Division 2A of Part 9 inserted
After Division 2 of Part 9 of the Principal Act insert—
"Division 2A—Compulsory conferences
161Main purposes of compulsory conference
The main purposes of a compulsory conference are—
(a)to identify and clarify the nature of the issues in dispute in an internal review of a reviewable decision that relates to a contested application; and
(b)to promote the resolution of the issues in dispute in the internal review before the Commission makes its fresh decision under section 157(1); and
(c)to identify any questions of fact and law to be decided by the Commission on the internal review.
162Commission may refer internal review to compulsory conference
(1)The Commission may require attendance at one or more compulsory conferences with a single commissioner by—
(a)the applicant for the internal review of a reviewable decision that relates to a contested application; and
(b)any person who was given notice of the internal review under section 154.
(2)A requirement to attend a compulsory conference may be made at any stage of the internal review of a reviewable decision that relates to a contested application before the Commission makes a fresh decision under section 157(1).
(3)The commissioner who made the reviewable decision that is the subject of the internal review under Division 2 must not conduct the compulsory conference in relation to that decision.
(4)The Commission may require a compulsory conference whether or not—
(a)the applicant for the internal review consents; and
(b)any person who was given notice of the internal review under section 154 consents.
163Notice of compulsory conference
(1)The Commission must give notice of a compulsory conference required under section 162(1) to—
(a)the applicant; and
(b)any person who was given notice of the internal review under section 154.
(2)Notice under subsection (1) must—
(a)be in writing; and
(b)specify—
(i)the date and time of the compulsory conference; and
(ii)the place where, and manner in which, the compulsory conference is to be conducted.
Example
A compulsory conference may be conducted remotely.
164Conduct of compulsory conference
(1)Unless the commissioner conducting a compulsory conference otherwise directs, the compulsory conference must be held in private.
(2)Subject to this Division, the procedure for a compulsory conference is at the discretion of the commissioner conducting it.
(3)The commissioner conducting a compulsory conference may require a person required to attend the conference to attend—
(a)personally; or
(b)by a representative who has authority to settle the matter on behalf of that person.
165Objection to commissioner who conducted compulsory conference being part of Commission on review under Division 2
(1)A person required to attend a compulsory conference who attended or was represented at the compulsory conference may object to the commissioner who conducted that compulsory conference constituting part of the Commission on review under Division 2 for the reviewable decision to which the conference relates.
(2)The objection must be made to the Commission on review under Division 2 before or at the making of the fresh decision under section 157(1).
(3)If an objection is made under subsection (1)—
(a)the commissioner must take no further part in the Commission on review under Division 2; and,
(b)if necessary, the Commission on review under Division 2 must be reconstituted.
166Failure to attend a compulsory conference
If a person who is required to attend a compulsory conference does not attend the conference, the commissioner—
(a)may proceed with the conference in that person's absence; and
(b)may seek to settle matters or seek agreement between the parties present, which may include settling matters adversely to the absent person or persons; and
(c)may report back to the Commission on the outcomes of the compulsory conference, noting the non-attendance of any person.
167Evidence inadmissible in internal review by Commission
Evidence of anything said or done in the course of a compulsory conference is not admissible in the internal review by the Commission except—
(a)if all the persons required to attend the conference agree to the giving of the evidence; or
(b)if the evidence of anything said or done is relevant to—
(i)disciplinary action under Part 6 on the ground of disciplinary action referred to in paragraph (n) of the definition of grounds of disciplinary action within the meaning of section 90(1) (obtaining a licence or BYO permit by fraud or fraudulent representation); or
(ii)a proceeding for an offence against section 117 (procuring the transfer of a licence or BYO permit by fraud or fraudulent representation); or
(iii)a proceeding for an offence against section 118 (making a statement that is false or misleading).".
52New Division 3 of Part 9 inserted
Before Division 4 of Part 9 of the Principal Act insert—
"Division 3—Review by VCAT
169Application for review of internal review decisions under Division 2 of this Part
A person who is an eligible person within the meaning of section 152 may apply to VCAT for review of a decision of the Commission made on internal review under Division 2.
170Time limit for applying for review
An application to VCAT for review of a decision of the Commission made on internal review under Division 2 must be made within 28 days after the later of—
(a)the day on which the decision on internal review by the Commission is made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.".
53Appeal to Supreme Court—statute law revision
In section 172A of the Principal Act—
(a)in subsection (2), for "instituted" substitute "commenced";
(b)in subsection (3), for "institution" substitute "commencement".
54Records to be made and kept by certain licensees
In section 179(1A)(a) of the Principal Act, after "newspaper" insert "(whether printed or published by electronic communication)".
55Regulations
(1)After section 180(4)(ac) of the Principal Act insert—
"(ad)may provide for different fees depending on the geographical location of the licensee, permittee or a licensed premises;".
(2)After section 180(5)(f) of the Principal Act insert—
"(fa)the physical location of the licensee, permittee or a licensed premises;".
56Schedule 1—Club licences
(1)In Schedule 1 to the Principal Act, paragraphs (e) and (f) are repealed.
(2)In Schedule 1 to the Principal Act, after paragraph (g)(iii) insert—
"(iiia)must provide for a management committee of the club with responsibility for the affairs of the club;
(iiib)must provide that the members of the management committee of the club be elected for a term of not less than 12 months by a majority of the members present at the meeting and entitled to vote, subject to a quorum of at least 10% of members entitled to vote being present at the meeting;".
57Transitional provision—dry areas
Clause 17 of Schedule 3 to the Principal Act is repealed.
58Councils may take poll of voters
Clause 18 of Schedule 3 to the Principal Act is repealed.
59Savings and transitional provisions
After section 182(3) of the Principal Act insert—
"(4)Schedule 6 has effect.".
60New Schedule 6 inserted
After Schedule 5 of the Principal Act insert—
"Schedule 6—Transitional provisions—Liquor Control Reform Amendment Act 2021
1General transitional provision
(1)This Schedule does not affect or take away from the Interpretation of Legislation Act 1984.
(2)This Schedule applies despite anything to the contrary in any other provision of this Act.
2Renewable limited licences authorising supply of liquor through online orders
(1)This clause applies to a licensee or an applicant for a licence where the licensee or applicant does not have a retail premises open to the public.
(2)On and from the commencement of section 11B, any renewable limited licence authorising the licensee to supply liquor by orders placed online on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises that was in force immediately before that commencement—
(a)is taken to be an online-only vendor packaged liquor licence for the period that the licence remains in force; and
(b)can be renewed as an online-only vendor packaged liquor licence.
(3)A renewable limited licence referred to in subclause (2) is subject to any conditions (not inconsistent with the conditions of an online-only vendor packaged liquor licence) to which it was subject immediately before the commencement of section 11B.
(4)If a renewable limited licence is taken to be an online-only vendor packaged liquor licence in accordance with subclause (2)—
(a)any demerit points recorded in the Demerits Register against the renewable limited licence immediately before the commencement of section 11B are taken to be demerit points recorded against the online-only vendor packaged liquor licence; and
(b)Part 4A applies to that licence as an online-only vendor packaged liquor licence.
(5)An application for a renewable limited licence authorising the licensee to supply liquor by orders placed online on the licensed premises in sealed containers, bottles or cans for consumption off the licensed premises that was made but not finally determined before the commencement of section 11B—
(a)is taken, on and from that commencement, to be an application for an online-only vendor packaged liquor licence; and
(b)may be dealt with under this Act as amended by the Liquor Control Reform Amendment Act 2021.
3General licences
On and from the commencement of section 8 of the Liquor Control Reform Amendment Act 2021, any general licence that was in force immediately before that commencement—
(a)continues in force as if it were a general licence granted under section 8 as amended by that Act; and
(b)is subject to the conditions specified in section 8 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
4On-premises licences
On and from the commencement of section 9 of the Liquor Control Reform Amendment Act 2021, any on-premises licence that was in force immediately before that commencement—
(a)continues in force as if it were an on-premises licence granted under section 9 as amended by that Act; and
(b)is subject to the conditions specified in section 9 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
5Restaurant and cafe licences
On and from the commencement of section 10 of the Liquor Control Reform Amendment Act 2021, any restaurant and cafe licence that was in force immediately before that commencement—
(a)continues in force as if it were a restaurant and cafe licence granted under section 9A as amended by that Act; and
(b)is subject to the conditions specified in section 9A as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
6Club licences
On and from the commencement of section 11 of the Liquor Control Reform Amendment Act 2021, any full club licence or restricted club licence that was in force immediately before that commencement—
(a)continues in force as if it were a full club licence or restricted club licence granted under section 10 as amended by that Act; and
(b)is subject to the conditions specified in section 10 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
7Packaged liquor licences
On and from the commencement of section 12 of the Liquor Control Reform Amendment Act 2021, any packaged liquor licence that was in force immediately before that commencement—
(a)continues in force as if it were a packaged liquor licence granted under section 11 as amended by that Act; and
(b)is subject to the conditions specified in section 11 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
8Late night licences
On and from the commencement of section 13 of the Liquor Control Reform Amendment Act 2021, any late night licence that was in force immediately before that commencement—
(a)continues in force as if it were a late night licence granted under section 11A as amended by that Act; and
(b)is subject to the conditions specified in section 11A as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
9Producers licences
On and from the commencement of section 15 of the Liquor Control Reform Amendment Act 2021, any producer's licence that was in force immediately before that commencement—
(a)continues in force as if it were a producer's licence granted under section 13 as amended by that Act; and
(b)is subject to the conditions specified in section 13 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
10BYO permits
On and from the commencement of section 16 of the Liquor Control Reform Amendment Act 2021, any BYO permit that was in force immediately before that commencement—
(a)continues in force as if it were a BYO permit granted under section 15 as amended by that Act; and
(b)is subject to the conditions specified in section 15 as amended by that Act; and
(c)is subject to any conditions to which the licence was subject immediately before that commencement.
11Conditions in relation to supply of liquor through online orders
On and from the commencement of section 18C, the conditions in relation to the supply of liquor through online orders referred to in that section apply in relation to the following licences as in force immediately before that commencement—
(a)a general licence authorising the licensee to supply packaged liquor;
(b)a restaurant and cafe licence authorising the licensee to supply packaged liquor;
(c)a full club licence authorising the licensee to supply packaged liquor;
(d)a packaged liquor licence;
(e)a late night (general) licence authorising the licensee to supply packaged liquor;
(f)a late night (packaged liquor) licence authorising the licensee to supply packaged liquor;
(g)a producer's licence authorising the licensee to supply packaged liquor;
(h)a renewable limited licence authorising the licensee to supply packaged liquor that is not taken to be an online-only vendor packaged liquor licence in accordance with clause 2.
12Conditions in relation to the supply of packaged liquor
On and from the commencement of section 18D, any conditions in relation to the supply of packaged liquor specified in an Order made under that section apply in relation to the following licences as in force immediately before that commencement—
(a)a general licence authorising the licensee to supply packaged liquor;
(b)a restaurant and cafe licence authorising the licensee to supply packaged liquor;
(c)a full club licence authorising the licensee to supply packaged liquor;
(d)a packaged liquor licence;
(e)a late night (general) licence authorising the licensee to supply packaged liquor;
(f)a late night (packaged liquor) licence authorising the licensee to supply packaged liquor;
(g)a producer's licence authorising the licensee to supply packaged liquor;
(h)a renewable limited licence authorising the licensee to supply packaged liquor that is not taken to be an online-only vendor packaged liquor licence in accordance with clause 2.
13Undetermined applications for licence that applies to large packaged liquor outlet
An application for a licence that applies to a large packaged liquor outlet that was made but not finally determined before the commencement of section 27AA and the amendment of sections 28, 29 and 44 by the Liquor Control Reform Amendment Act 2021 (as applicable) is to be determined in accordance with Division4 of Part 2 as in force immediately before that commencement as if section 27AA hadnot been enacted and those amendments had not been made.
14Internal review of licensing decisions—compulsory conferences
On and from the commencement of Division 2A of Part 9, any application for internal review under section 153 that has been made but not finally determined is to be determined in accordance with Division 2 of Part 9 as in force immediately before that commencement, as if Division 2A of Part 9 had not been enacted.
15Review of licensing decisions by VCAT
Division 3 of Part 9 applies in respect of any decision of the Commission made on internal review on and after the commencement of Division 3 of Part 9.
16Regulations dealing with transitional matters
(1)The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the amendment of this Act by the Liquor Control Reform Amendment Act 2021, including the repeals and amendments made by that Act.
(2)Regulations made under this section may—
(a)have a retrospective effect to a day on or from the date that the Liquor Control Reform Amendment Act 2021 receives the Royal Assent;
(b)be of limited or general application;
(c)differ according to differences in time, place or circumstances;
(d)leave any matter or thing to be decided by a specified person or specified class of persons;
(e)provide for the exemption of persons or proceedings or a class of persons or proceedings from any of the regulations made under this section.
(3)Regulations made under this section have effect despite anything to the contrary—
(a)in any Act (other than the Liquor Control Reform Amendment Act 2021 or the Charter of Human Rights and Responsibilities Act 2006); or
(b)in any subordinate instrument.
(4)This section is repealed on the second anniversary of the day on which it comes into operation.".
Part 3—Consequential amendment
61Consequential amendment of Victorian Commission for Gambling and Liquor Regulation Act 2011
After section 25(1) of the Victorian Commission for Gambling and Liquor Regulation Act 2011 insert—
"(1A)Subsection (1) does not apply to a function, duty or power performed or exercised by the Commission in conducting a compulsory conference under Division 2A of Part 9 of the Liquor Control Reform Act 1998.".
Part 4—Repeal of this Act
62Repeal of this Act
This Act is repealed on 31 December 2023.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 23 June 2021
Legislative Council: 14 September 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Liquor Control Reform Act 1998 to reform the categories of licences authorising the supply of liquor including the introduction of a new licence category, to address the risks of large packaged liquor outlets in order to reduce harm, to make amendments to the review of decisions, to abolish dry areas and to make other related amendments to improve the operation of that Act and for other purposes."
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