Liquor Control Reform Amendment Regulations 2018 (Vic)

Liquor Control Reform Amendment Regulations 2018

S.R. No. 153/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Definitions

6New regulation 10A inserted

7Information to accompany application for transfer of licence or BYO permit

8New regulation 16A inserted

9Renewal fees—licences and permits to which venue capacity multiplier does not apply

10Base fees

11Risk fee—compliance history

12Renewal fees—Five star rating scheme

13Waiver or reduction of prescribed fees

14Prescribed variations

15Schedule 1—Fees

16New Schedule 5 inserted

17New Schedule 6 inserted

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Endnotes

STATUTORY RULES 2018

S.R. No. 153/2018

Liquor Control Reform Act 1998

Liquor Control Reform Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 10 October 2018

Responsible Minister:

MARLENE KAIROUZ
Minister for Consumer Affairs, Gaming and Liquor Regulation

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Liquor Control Reform Regulations 2009 to make consequential amendments as a result of the enactment of the Liquor and Gambling Legislation Amendment Act 2018.

2Authorising provision

These Regulations are made under section 180 of the Liquor Control Reform Act 1998.

3Commencement

These Regulations come into operation on 11 October 2018.

4Principal Regulations

In these Regulations, the Liquor Control Reform Regulations 2009[1] are called the Principal Regulations.

5Definitions

In regulation 5 of the Principal Regulations insert the following definition—

"demerit point—see Part 4A of the Act;".

6New regulation 10A inserted

After regulation 10 of the Principal Regulations insert—

"10A   Notice of right to use premises as licensed premises

For the purposes of section 50A(2) of the Act, the prescribed form is Form 1 in Schedule 5.".

7Information to accompany application for transfer of licence or BYO permit

For regulation 16 of the Principal Regulations substitute—

"16   Information to accompany application for transfer of licence or BYO permit

For the purpose of section 32(2)(c)(i) of the Act, in the case that—

(a)the proposed transferee is not the owner of the licensed premises; and

(b)the transfer is to take effect in accordance with section 50B(a) of the Act—

the prescribed information is a declaration by the proposed transferee that the proposed transferee has the right to occupy the premises.".

8New regulation 16A inserted

After regulation 16 of the Principal Regulations insert—

"16A   Notice of right to occupy

For the purposes of section 50C(2) of the Act, the prescribed form is Form 1 in Schedule 6.".

9Renewal fees—licences and permits to which venue capacity multiplier does not apply

In regulation 22(1)(d) of the Principal Regulations omit "wine and beer".

10Base fees

(1)In regulation 24(1A) of the Principal Regulations omit "wine and beer".

(2)In regulation 24(1A)(a) of the Principal Regulations omit "wine and beer".

11Risk fee—compliance history

For regulation 27(2) of the Principal Regulations substitute—

"(2)This regulation does not apply—

(a)to a licence on which a condition is specified in relation to the provision of sexually explicit entertainment; or

(b)in respect of a non-compliance incident to which a demerit point relates, if that demerit point has been removed from the Register under section 86HA or 86I of the Act.".

12Renewal fees—Five star rating scheme

For regulation 29(2) of the Principal Regulations substitute—

"(2)The renewal fee for a licence or BYO permit payable by a licensee or permittee under this Part must be reduced—

(a)by 5% if no non-compliance incidents have been related to the licence or BYO permit for a period of 2 consecutive relevant periods; and

(b)by 10% if no non-compliance incidents have been related to the licence or BYO permit for a period of 3 consecutive relevant periods.".

13Waiver or reduction of prescribed fees

For regulation 30(3) of the Principal Regulations substitute—

"(3)The Commission must not waive or reduce a fee under this regulation unless—

(a)a demerit point accrued in respect of the licence or BYO permit for any non‑compliance incident that relates to the licence or BYO permit in the relevant period, has been removed from the Register under section 86HA or 86I of the Act; or

(b)there are no non-compliance incidents that relate to the licence or BYO permit in the relevant period.".

14Prescribed variations

(1)In regulation 31(1)(d) of the Principal Regulations omit "wine and beer".

(2)In regulation 31(1)(e) of the Principal Regulations, for "liquor." substitute "liquor;".

(3)After regulation 31(1)(e) of the Principal Regulations insert—

"(f)a variation of the category of licence held by the licensee to a producer's licence.".

15Schedule 1—Fees

In Column 2 of Table A in Schedule 1 to the Principal Regulations—

(a)omit "wine and beer";

(b)after "Fee for application to remove demerit points after transfer of licence or permit" insert "to transferee who has a relevant relationship with the transferor within the meaning of section 86AA of the Act".

16New Schedule 5 inserted

After Schedule 4 to the Principal Regulations insert—

"Schedule 5—Notice of right to use premises

FORM 1

Regulation 10A

NOTICE OF RIGHT TO USE PREMISES

In accordance with section 50A of the Liquor Control Reform Act 1998 I provide notice that the licensee or permittee specified in this notice has gained the legal right to use the premises as licensed premises.

I attach as evidence of this right:

(Tick relevant box and attach document)

¨a copy of the planning permit from the local council (or responsible planning authority); or

¨a copy of a letter from the local council (or responsible planning authority) that a planning permit is not required.

SPECIFIED LICENSEE OR PERMITTEE

Licence or BYO permit number:

Licensee or permittee name:

Premises name:

SIGNATURE OF LICENSEE OR PERMITTEE GIVING THIS NOTICE

Who must sign this notice?

If the licensee or permittee is:

·a natural person: that person

·a company: one director of the company

·a partnership: one partner

·a club: one committee member

Name of licensee or permittee giving this notice:

Signature of licensee or permittee giving this notice:

Date:".

17New Schedule 6 inserted

At the end of the Principal Regulations insert—

"Schedule 6—Notice of right to occupy premises

FORM 1

Regulation 16A

NOTICE OF RIGHT TO OCCUPY PREMISES

In accordance with section 50C of the Liquor Control Reform Act 1998 I provide notice that the transferee specified in this notice has gained the legal right to occupy the licensed premises.

DETAILS OF RIGHT TO OCCUPY

Address of premises where right to occupy is held:

Date of settlement:

The right to occupy the premises is by:

¨Freehold ownership of the property

Name the certificate of title is held in:

¨Lease of premises

Name of the tenant on the lease:

¨Other legal right to occupy the premises (specify):

Name on the agreement or other document providing legal right to occupy:

SPECIFIED TRANSFEREE

Licence or BYO permit number:

Transferee name:

Premises name:

SIGNATURE OF TRANSFEREE

Who must sign this notice?

If the transferee is:

·a natural person: that person

·a company: one director of the company

·a partnership: one partner

·a club: one committee member

Name of transferee giving this notice:

Signature of transferee giving this notice:

Date:".

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Endnotes

[1] Reg. 4: S.R. No. 134/2009. Reprint No. 1 as at 4 April 2013. Reprinted to S.R. No. 5/2012. Subsequently amended by S.R. Nos 58/2014, 56/2015 and 146/2016.