Untitled document
Liquor Control Reform Amendment Regulations 2010
S.R. No. 125/2010
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Consequential amendment of commencement provision
6New Part 2A inserted
PART 2A—PRESCRIBED LIQUOR
6APrescribed types of liquor that butchers may supply
7Risk fee—non-standard trading hours for packaged liquor licences and late night (packaged liquor) licences
8Sexually explicit entertainment venues
9Regulation 30 substituted
30Waiver or reduction of prescribed fees
10Regulation 30A inserted
30AWaiver of fee in certain circumstances for clubs
varying category of licence in 2011
11Regulations 30B and 30C inserted
30BReduced licence renewal fees for licensed clubs in certain circumstances for 2011—two licences held
30CReduced licence renewal fees for licensed clubs in certain circumstances for 2011—less than 100
members
12Prescribed variations
13New Part 6A inserted
PART 6A—PRESCRIBED CLOSURE AND
EVACUATION NOTICE REQUIREMENTS31APrescribed closure and evacuation notice
31BPrescribed particulars for sign
31CPrescribed revocation notice
14New Schedule 3 inserted
SCHEDULE 3
Form 1—Closure and Evacuation Notice
Form 2—Notice of Revocation of Closure and Evacuation Notice
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ENDNOTES
STATUTORY RULES 2010
S.R. No. 125/2010
Liquor Control Reform Act 1998
Liquor Control Reform Amendment Regulations 2010
The Governor in Council makes the following Regulations:
Dated: 26 October 2010
Responsible Minister:
TONY ROBINSON
Minister for Consumer AffairsMATTHEW McBEATH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Liquor Control Reform Regulations 2009 to—
(a)prescribe types of liquor for the purposes of the butchers exemption in section 6D of the Liquor Control Reform Act 1998;
(b)prescribe particulars and forms for a closure and evacuation notice and a revocation notice;
(c)provide the Director with the power, in certain circumstances, to—
(i)waive the application fee payable by a club that applies to vary the category of its licence from a full club licence to a restricted club licence;
(ii)waive or reduce licence fees;
(iii)reduce renewal fees for restricted club licences and renewable limited licences;
(d)provide for—
(i)the revocation of renewal fees for licences on which a condition is specified in relation to the provision of sexually explicit entertainment, which is to be dealt with in the Liquor Control Reform Act 1998;
(ii)the removal of the requirement for packaged liquor licensees to pay an operating hours risk fee if the licensee is only authorised to trade outside of normal operating hours on Good Friday or Christmas Day;
(e)prescribe variations to licence conditions in relation to certain licensed premises when live music is provided as entertainment.
2Authorising provision
These Regulations are made under section 180 of the Liquor Control Reform Act 1998.
3Commencement
(1)These Regulations (except regulations 5, 6, 7, 8, 9, 11, 13 and 14) come into operation on the day they are made.
(2)Regulations 5, 6, 7, 8, 9 and 11 come into operation on 1 January 2011.
(3)Regulations 13 and 14 come into operation on the day that section 7 of the Justice Legislation Further Amendment Act 2010 comes into operation.
4Principal Regulations
In these Regulations the Liquor Control Reform Regulations 2009[1] are called the Principal Regulations.
5Consequential amendment of commencement provision
(1)In regulation 2(1) of the Principal Regulations, for "regulations 27, 29(2)(b), 29(2)(c) and 30(3)" substitute "regulation 27".
(2)For regulation 2(2) of the Principal Regulations substitute—
"(2)Regulation 27 comes into operation on 1 January 2011.".
6New Part 2A inserted
After Part 2 of the Principal Regulations insert—
"PART 2A—PRESCRIBED LIQUOR
6APrescribed types of liquor that butchers may supply
(1)For the purposes of section 6D(1)(c) of the Act, the following are prescribed types of liquor—
(a)any type of beer;
(b)wine which is made substantially from fruit grown or fermented in one single wine growing region.
(2)In this regulation wine growing region means a region specified in the Register of Protected Geographical Indications and Other Terms kept by the Registrar under the Australian Wine and Brandy Corporation Act 1980 of the Commonwealth.
Example
Butcher A is located in the Yarra Valley. Butcher A only sells wine which is made substantially from fruit grown or fermented in the Yarra Valley.
__________________".
7Risk fee—non-standard trading hours for packaged liquor licences and late night (packaged liquor) licences
(1)In regulation 26(2) of the Principal Regulations for "The risk fee" substitute "Subject to subregulation (3), the risk fee".
(2)After regulation 26(2) of the Principal Regulations insert—
"(3)In the case of a packaged liquor licence or late night (packaged liquor) licence under which the licensee only supplies liquor outside ordinary trading hours on Christmas Day and Good Friday, or on Christmas Day or Good Friday, the risk fee is nil.".
8Sexually explicit entertainment venues
Regulation 29 of the Principal Regulations is revoked.
9Regulation 30 substituted
For regulation 30 of the Principal Regulations substitute—
"30 Waiver or reduction of prescribed fees
(1)Subject to subregulation (3), the Director may waive or reduce a prescribed fee or renewal fee payable by an applicant, licensee or permittee if he or she is satisfied that it is appropriate to do so, having considered the matters specified in subregulation (2).
(2)In making a decision under subregulation (1), the Director may consider—
(a)the applicant's, licensee's or permittee's compliance history (if any);
(b)the geographical location of the applicant, licensee or permittee;
(c)the quantity and nature of the liquor supplied or to be supplied by the applicant, licensee or permittee under the licence or permit;
(d)the trading hours of the applicant, licensee or permittee;
(e)the risk of harm arising from the misuse and abuse of liquor supplied under the licence or permit;
(f)whether the fee is likely to cause serious financial hardship for the applicant, licensee or permittee;
(g)whether significant regulatory or enforcement effort is likely to be required for that applicant, licensee or permittee;
(h)whether the applicant, licensee or permittee has been affected by any fire, flood, explosion or natural disaster (including drought) or other serious event outside the control of the applicant, licensee or permittee;
(i)any other factors the Director considers relevant to the risk of harm arising from the misuse and abuse of liquor supplied under the licence or permit.
(3)The Director must not waive or reduce a fee under this regulation if one or more non-compliance incidents relate to the licence or permit in the relevant period.".
10Regulation 30A inserted
After regulation 30 of the Principal Regulations insert—
"30A Waiver of fee in certain circumstances for clubs varying category of licence in 2011
If a club which has a full club licence applies to vary the category of its licence to a restricted club licence for the year 2011, the Director may waive the application fee payable by the club.".
11Regulations 30B and 30C inserted
After regulation 30A of the Principal Regulations insert—
"30B Reduced licence renewal fees for licensed clubs in certain circumstances for 2011—two licences held
(1)This regulation applies to renewal fees for restricted club licences and renewable limited licences held by clubs if in the year 2010 a club held—
(a)a restricted club licence; and
(b)a renewable limited licence.
(2)For the renewal of both of the licences for the year 2011, for the purposes of calculating the renewal fee to which this regulation applies, the Director may reduce the renewal fee payable by the club for the year 2011 by 50% if satisfied that there have not been one or more non-compliance incidents in relation to either of the licences held by the club for the year 2010.
30CReduced licence renewal fees for licensed clubs in certain circumstances for 2011—less than 100 members
For the purposes of calculating the renewal fee for a club licence or a renewable limited licence held by a club for the year 2011, the Director may reduce the renewal fee payable by 50% if satisfied that—
(a)the club has less than 100 members; and
(b)there have not been one or more non-compliance incidents in relation to either of the licences for the year 2010.".
12Prescribed variations
(1)In regulation 31(b) of the Principal Regulations, for "premises." substitute "premises;".
(2)After regulation 31(b) of the Principal Regulations insert—
"(c)a variation to the conditions imposed on a licence in relation to the provision of live music for entertainment in respect of the following matters—
(i)crowd controllers;
(ii)security cameras;
(iii)the completion of Responsible Serving of Alcohol training courses by staff.".
(3)At the end of regulation 31 of the Principal Regulations insert—
"(2)Subregulation (1)(c) does not apply to an application for a variation to a licence on which a condition is specified in relation to the provision of sexually explicit entertainment.".
13New Part 6A inserted
After Part 6 of the Principal Regulations insert—
"PART 6A—PRESCRIBED CLOSURE AND EVACUATION NOTICE REQUIREMENTS
31APrescribed closure and evacuation notice
For the purposes of section 148ZG of the Act, the prescribed form of the closure and evacuation notice issued by the Director is Form 1 in Schedule 3.
31BPrescribed particulars for sign
For the purposes of section 148ZL(2) of the Act, the prescribed particulars are—
(a)the name of the licensed premises;
(b)the address of the licensed premises;
(c)the name of the licensee or permittee;
(d)the licence or permit number;
(e)the date and time on which the closure and evacuation notice was served.
31CPrescribed revocation notice
For the purposes of section 148ZP(4) of the Act, the prescribed form is Form 2 in Schedule 3.
__________________".
14New Schedule 3 inserted
After Schedule 2 to the Principal Regulations insert—
"__________________
SCHEDULE 3
FORM 1
Regulation 31A
Liquor Control Reform Act 1998
CLOSURE AND EVACUATION NOTICE
This notice is issued by the Director of Liquor Licensing under section 148ZD of the Liquor Control Reform Act 1998.
Name of licensed premises
Address of licensed premises
Name of licensee*/permittee*
Licence number*/permit number*
Notice number
This notice is issued because a fire safety inspector has advised the Director of Liquor Licensing that, having regard to the factors in section 148ZC(2) of the Liquor Control Reform Act 1998, that he or she reasonably believes a serious fire threat exists.
This venue must be evacuated as directed by the fire safety inspector and must remain closed until the following rectification work has been completed to rectify the serious fire threat, inspected and the Director has revoked this notice.
You are required to carry out the following works:
[specify details of the rectification work]
The fire safety inspector may provide a subsequent notice issued by the Director of Liquor Licensing within 48 hours after service of this notice containing additional information about the work that must be completed to rectify the serious fire threat.
Refer to additional pages [insert number of additional pages*]
It is an offence for the licensee or permittee to fail to comply with this notice. Maximum penalty 240 penalty units.
The work to rectify the serious fire threat must be completed to the satisfaction of the fire safety inspector.
Notice served on [insert name of person served on, being the licensee, permittee or person who appears to have management or control of the licensed premises]
This notice was served and takes effect on [insert time and date].
Notice served by [insert name of fire safety inspector, position of fire safety inspector, signature of fire safety inspector]
Director of Liquor Licensing or authorised delegate name [insert name of Director of Liquor Licensing*/authorised delegate issuing notice*]
Reinspection
The licensee*/permittee* of the licensed premises must notify the Director of Liquor Licensing in writing when the work listed above and in any subsequent notice has been completed to rectify the serious fire threat.
The licensee*/permittee* may request the fire safety inspector to conduct an inspection of work completed to rectify the serious fire threat.
The Director of Liquor Licensing may revoke this notice under section 148ZP of the Liquor Control Reform Act 1998 when the fire safety inspector has advised the Director that the work required to rectify the serious fire threat has been satisfactorily completed.
Offences
Until this notice is revoked, it is an offence to allow a person to enter the licensed premises, except to allow entry to a person engaged in carrying out the work specified in this notice. Maximum penalty 120 penalty units.
Until this notice is revoked, it is an offence not to display the signs provided at all entrances and exits of the licensed premises. Maximum penalty 10 penalty units.
* Delete if inapplicable
__________________
FORM 2
Regulation 31C
Liquor Control Reform Act 1998
NOTICE OF REVOCATION OF CLOSURE AND EVACUATION NOTICE
This notice is issued by the Director of Liquor Licensing under section 148ZP of the Liquor Control Reform Act 1998.
Name of licensed premises
Address of licensed premises
Name of licensee*/permittee*
The above licensed premises has previously been issued with a Closure and Evacuation Notice.
The Director has revoked the closure and evacuation notice number [insert number] and any subsequent notice [insert number*].
Notice served on [insert name of person served on, being the licensee, permittee or person who appears to have management or control of the licensed premises]
This notice was served and takes effect on [insert time and date].
Notice served by [insert name of fire safety inspector, position of fire safety inspector, signature of fire safety inspector]
Director of Liquor Licensing or authorised delegate name [insert name of Director of Liquor Licensing*/authorised delegate issuing notice*]
This notice has effect on service.
* Delete if inapplicable".
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ENDNOTES
[1] Reg 4: S.R. No. 134/2009 as at 1 January 2010.
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