Liquor Control Reform Amendment Regulations 2022 (Vic)

Liquor Control Reform Amendment Regulations 2022

S.R. No. 124/2022

table of provisions

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Principal Regulations

5Objectives

6New Part 4A inserted

7Particulars for application for licence or BYO permit

8Particulars for application for variation of licence or BYO permit

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

10Base fees

11Risk fee—late night trading

12Venue capacity multiplier

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Endnotes

statutory rules 2022

S.R. No. 124/2022

Liquor Control Reform Act 1998

Liquor Control Reform Amendment Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 25 October 2022

Responsible Minister:

MELISSA HORNE
Minister for Consumer Affairs, Gaming and Liquor Regulation

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Liquor Control Reform Interim Regulations 2022 to make consequential amendments required due to amendments made to the Liquor Control Reform Act 1998 by the Liquor Control Reform Amendment Act 2021.

2Authorising provision

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

3Commencement

These Regulations come into operation on 31 October 2022.

4Principal Regulations

In these Regulations, the Liquor Control Reform Interim Regulations 2022[1] are called the Principal Regulations.

5Objectives

In regulation 1 of the Principal Regulations—

(a)in paragraph (f), for "requirements." substitute "requirements; and";

(b)after paragraph (f) insert—

"(g)to prescribe criteria for the purposes of section 22(2A) of the Act.".

6New Part 4A inserted

After Part 4 of the Principal Regulations insert—

"Part 4A—Prescribed criteria

9ACriteria for determining whether an area is a tourist area

For the purposes of section 22(2A)(a) of the Act, the prescribed criteria that the Commission must have regard to when determining whether an area is a tourist area are—

(a)the remoteness of the area; and

(b)whether any government publications or websites suggest that the area is considered to be a tourist area; and

(c)whether there are any tourist attractions located in the area; and

(d)whether there are any strategic plans in place relating to tourism for the region in which the area is located.

9BCriteria for determining whether an area has special needs

For the purposes of section 22(2A)(b) of the Act, the prescribed criteria that the Commission must have regard to when determining whether an area has special needs is whether a natural disaster or other significant event has occurred in the area which has affected the ability of existing licensed premises in the area to supply liquor.

9CCriteria for assessing the adequacy of existing facilities or arrangements

For the purposes of section 22(2A)(c) of the Act, the prescribed criteria that the Commission must have regard to when determining whether there are adequate existing facilities or arrangements for the supply of liquor in an area are—

(a)the number of existing licences in the area; and

(b)the category of those licences; and

(c)the form of supply permitted under those licences.".

7Particulars for application for licence or BYO permit

In regulation 10(1) of the Principal Regulations—

(a)in paragraph (h), for "apply." substitute "apply; and";

(b)after paragraph (h) insert—

"(i)whether the premises or proposed premises in respect of which the licence is sought is a large packaged liquor outlet within the meaning of section 27AA of the Act; and

(j)if the application relates to a licence that authorises the supply of liquor by off-premises request, whether the applicant will be supplying liquor by off-premises request.".

8Particulars for application for variation of licence or BYO permit

In regulation 12(1) of the Principal Regulations—

(a)in paragraph (g), for "number." substitute "number; and";

(b)after paragraph (g) insert—

"(h)whether the variation sought would result in the licence applying to a large packaged liquor outlet within the meaning of section 27AA of the Act; and

(i)if the application is for a variation of the category of licence held by the licensee and the proposed licence category authorises the supply of liquor by off-premises request, whether the applicant will be supplying liquor by off-premises request.".

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

After regulation 22(1)(b) of the Principal Regulations insert—

"(ba)remote seller's packaged liquor licence;".

10Base fees

After regulation 24(1)(a) of the Principal Regulations insert—

"(ab)remote seller's packaged liquor licence;".

11Risk fee—late night trading

(1)In regulation 25(1) of the Principal Regulations, for "after 11 p.m. on any particular day and before the commencement of ordinary trading hours on the following day" substitute "after 1 a.m. on any particular day and before the commencement of ordinary trading hours on that day".

(2)In regulation 25(2) of the Principal Regulations—

(a)paragraph (a) is revoked;

(b)in paragraph (b), for "after 11 p.m. on any particular day but not after 3 a.m. on the following day" substitute "after 1 a.m. on any particular day but not after 3 a.m. on that day";

(c)in paragraph (c), for "after 11 p.m. on any particular day and before the commencement of ordinary trading hours on the following day" substitute "after 1 a.m. on any particular day and before the commencement of ordinary trading hours on that day".

12Venue capacity multiplier

Regulation 28(2)(a) of the Principal Regulations is revoked.

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Endnotes

[1] Reg. 4: S.R. No. 111/2022.