Liquor Control Reform Transitional Regulations 2022 (Vic)

Liquor Control Reform Transitional Regulations 2022

S.R. No. 81/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Definitions

4Renewable limited licences transitioning to online‑only vendor packaged liquor licences

5Reduction of 2023 renewal fee for certain restaurant and cafe licences

6Reduction of 2023 renewal fee for certain full and restricted club licences

7Reduction of 2023 renewal fee for certain general licences

8Reduction of 2023 renewal fee for certain on‑premises licences

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Endnotes

statutory rules 2022

S.R. No. 81/2022

Liquor Control Reform Act 1998

Liquor Control Reform Transitional Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 20 September 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 provide for transitional matters arising as a result of the amendment of the Liquor Control Reform Act 1998 by the Liquor Control Reform Amendment Act 2021.  

2Authorising provisions

These Regulations are made under section 180 of, and clause 16 of Schedule 6 to, the Liquor Control Reform Act 1998.

3Definitions

In these Regulations—

Liquor Regulations means the Liquor Control Reform Interim Regulations 2021[1];

risk fee, in relation to a licence, means a risk fee that applies to a licence calculated in accordance with Part 6 of the Liquor Regulations or any subsequent Regulations corresponding to Part 6 of the Liquor Regulations;

the Act means the Liquor Control Reform Act 1998.

4Renewable limited licences transitioning to online‑only vendor packaged liquor licences

(1)This regulation applies to a renewable limited licence that transitions to an online-only vendor packaged liquor licence on the commencement of section 11B of the Act.

(2)The Commission may request that the licensee of a licence to which this regulation applies give to the Commission—

(a)the address of the premises where liquor is being supplied; and

(b)a current plan or depiction of that premises in a form specified by the Commission.

(3)The Commission may vary the licensed premises in respect of a licence to which this regulation applies, including a variation of the size or perimeter of the licensed premises.

5Reduction of 2023 renewal fee for certain restaurant and cafe licences

Despite any renewal fee payable under the Act and fixed in Part 6 of the Liquor Regulations or any subsequent Regulations corresponding to Part 6 of the Liquor Regulations, the renewal fee payable for the 2023 calendar year in relation to a restaurant and cafe licence is reduced by 12·6 fee units if—

(a)the licensee paid a renewal fee for the 2022 calendar year in relation to the restaurant and cafe licence; and

(b)that licensee also paid a renewal fee for the 2022 calendar year in relation to a renewable limited licence; and

(c)that restaurant and cafe licence and renewable limited licence are in respect of the same licenced premises; and

(d)that licensee applied to the Commission under section 63 of the Act to surrender the renewable limited licence by 31 October 2022.

6Reduction of 2023 renewal fee for certain full and restricted club licences

Despite any renewal fee payable under the Act and fixed in Part 6 of the Liquor Regulations or any subsequent Regulations corresponding to Part 6 of the Liquor Regulations, the renewal fee payable for the 2023 calendar year in relation to a full or restricted club licence is reduced by 12·6 fee units if—

(a)the licensee paid a renewal fee for the 2022 calendar year in relation to a full or restricted club licence; and

(b)that licensee also paid a renewal fee for the 2022 calendar year in relation to a renewable limited licence; and

(c)that full or restricted club licence and renewable limited licence are in respect of the same licensed premises; and

(d)that licensee applied to the Commission under section 63 of the Act to surrender the renewable limited licence by 31 October 2022.

7Reduction of 2023 renewal fee for certain general licences

(1)Despite any renewal fee payable under the Act and fixed in Part 6 of the Liquor Regulations or any subsequent Regulations corresponding to Part 6 of the Liquor Regulations, the renewal fee for the 2023 calendar year in relation to a general licence is reduced by 102 fee units if—

(a)the licensee paid a renewal fee for the 2022 calendar year in relation to the general licence; and

(b)that renewal fee included a risk fee calculated in accordance with regulation 28(2)(a) of the Liquor Regulations or any subsequent regulation corresponding to regulation 28(2)(a) of the Liquor Regulations.

(2)If the reduction applied under subregulation (1) is greater than the renewal fee that would otherwise be payable for the 2023 calendar year, the renewal fee for that calendar year is nil. 

8Reduction of 2023 renewal fee for certain on‑premises licences

(1)Despite any renewal fee payable under the Act and fixed in Part 6 of the Liquor Regulations or any subsequent Regulations corresponding to Part 6 of the Liquor Regulations, the renewal fee for the 2023 calendar year in relation to an on‑premises licence is reduced by 102 fee units if—

(a)the licensee paid a renewal fee for the 2022 calendar year in relation to the on‑premises licence; and

(b)that renewal fee included a risk fee calculated in accordance with regulation 28(2)(a) of the Liquor Regulations or any subsequent regulation corresponding to regulation 28(2)(a) of the Liquor Regulations.

(2)If the reduction applied under subregulation (1) is greater than the renewal fee that would otherwise be payable for the 2023 calendar year, the renewal fee for that calendar year is nil.

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Endnotes

[1] Reg. 3 def. of Liquor Regulations: S.R. No. 130/2021.

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Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2022 is $15.29. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.