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GAMBLING AND LIQUOR LEGISLATION AMENDMENT (REDUCTION OF RED TAPE) BILL 2014

   Gambling and Liquor Legislation
  Amendment (Reduction of Red Tape)
             Bill 2014

                        Introduction Print


              EXPLANATORY MEMORANDUM


                              Clause Notes
Clause 1   sets out the purposes of the Bill. The purpose of the Bill is to
           make a number of amendments to the Gambling Regulation Act
           2003 (the GRA) and the Liquor Control Reform Act 1998
           (the LCRA).
           The amendments are intended to reduce unnecessary and
           burdensome red tape requirements that apply to Victorian
           businesses, clubs and other liquor licensed premises.

Clause 2   sets out when the provisions of the Bill come into operation.
           Subclause (1) provides that the provisions of the Bill come into
           operation on a day or days to be proclaimed.
           Subclause (2) provides that if a provision referred to in subclause
           (1) does not come into operation before 1 June 2015, it comes
           into operation on that day.

Clause 3   amends section 2.3.2 of the GRA to remove the requirement for
           the Minister to approve the conduct of two up associated with the
           Returned and Services League (RSL).
           Two up is a game in which coins are spun in the air and bets are
           laid on whether they fall heads or tails. Two up is traditionally
           played on ANZAC Day in hotels and clubs throughout Australia
           and is associated with the RSL.




571372                               1       BILL LC INTRODUCTION 17/2/2014

 


 

The amendments will allow the RSL to approve any premises for the conduct of two up on ANZAC Day and within seven days before ANZAC Day if played at a place owned or occupied by a sub-branch of the RSL at a function commemorating ANZAC Day. The amendments will remove the current requirement for the RSL to seek Ministerial approval to conduct two up. The RSL and sub-branches of the RSL may choose to provide information to the public on where two up has been approved in order to promote attendance at venues. Clause 4 Subclause (1) inserts a number of new definitions in section 3 of the LCRA. The definitions of cruise ship, hospital, residential care service and retirement village relate to the creation of a limited exemption from the requirement to hold a liquor licence to supply alcohol for those business types under clause 9 of the Bill. The definition of live music event relates to the exemption from the prohibition on allowing minors on liquor licence premises relating to the conduct of a live music event created by clause 13 of the Bill. The definition of live music event is intended to be construed broadly to include, for example, the playing of recorded music for an audience by a disc jockey as well as the playing of non-original music by a cover band. Subclause (3) amends the definition of bed and breakfast operator, which is a business type that is exempted from the requirement to hold a liquor licence in limited circumstances. The amended definition removes the requirement for bed and breakfast business proprietors to be permanent residents of the accommodation to operate under the exemption. Subclause (4) amends the definition of ordinary trading hours to provide an automatic extension to allow the supply of liquor by on-premises licensees, late night (on-premises) licensees and BYO permit holders until 1am on 1 January each year, and to provide an extension for restaurant and café licensees, on-premises licensees subject to restaurant conditions and late night (on-premises) licensees subject to restaurant conditions until 3am on 1 January each year. 2

 


 

In previous years the VCGLR has exercised its discretion to extend trading hours for those licence types on New Year's Eve under section 58 of the LCRA. Notwithstanding the change to ordinary trading hours, the VCGLR may still exercise its discretion to extend trading hours beyond ordinary trading hours on New Year's Eve. Clause 5 amends section 6A of the LCRA relating to the exemption that applies to bed and breakfast businesses that are exempted from the requirement to hold a liquor licence to supply alcohol. Subclause (1) removes the reference to the business not providing accommodation for more than 8 adults at any one time. This requirement is now incorporated in the definition of bed and breakfast business (see clause 4). Subclause (2) removes the requirement for bed and breakfast proprietors to undertake responsible service of alcohol training and replaces it with a requirement that no more than 750ml of liquor is supplied in any one day per room that is occupied for the purposes of temporary accommodation. Subclause (3) removes the requirement for bed and breakfast business proprietors to notify the VCGLR that they intend to supply liquor in accordance with the exemption. Given the low risk of harm associated with the supply of liquor by these businesses, a notification requirement is not required. Subclause (4) amends the note at the end of section 6A of the LCRA to reflect the removal of the notification requirement made by subclause (3). Clause 6 amends section 6B of the LCRA relating to the exemption that applies to florists or giftmakers that are exempted from the requirement to hold a liquor licence to supply alcohol. Subclause (1) removes the requirement for florist or giftmaker proprietors to notify the VCGLR that they intend to supply liquor in accordance with the exemption. Given the low risk of harm associated with the supply of liquor by these businesses, a notification requirement is not required. Subclause (2) amends the note at the end of section 6A of the LCRA to reflect the removal of the notification requirement made by subclause (1). 3

 


 

Clause 7 amends section 6C of the LCRA relating to the exemption that applies to hairdressers that are exempted from the requirement to hold a liquor licence to supply alcohol. Subclause (1) removes the requirement for hairdresser proprietors to notify the VCGLR that they intend to supply liquor in accordance with the exemption. Given the low risk of harm associated with the supply of liquor by these businesses, a notification requirement is not required. Subclause (2) amends the note at the end of section 6A of the LCRA to reflect the removal of the notification requirement made by subclause (1). Clause 8 amends section 6D of the LCRA relating to the exemption that applies to butchers that are exempted from the requirement to hold a liquor licence to supply alcohol. Subclause (1) removes the requirement for butcher proprietors to notify the VCGLR that they intend to supply liquor in accordance with the exemption. Given the low risk of harm associated with the supply of liquor by these businesses, a notification requirement is not required. Subclause (2) amends the note at the end of section 6A of the LCRA to reflect the removal of the notification requirement made by subclause (1). Clause 9 inserts sections 6E, 6F, 6G and 6H of the LCRA to provide a new exemption from the requirement to hold a liquor licence under the LCRA for persons who own or operate a hospital, residential care service, retirement village or cruise ship. For the purposes of subsection (b) of the proposed 6E, 6F and 6G, a person purchases liquor on a retail basis if the liquor is purchased from a person who holds a general licence, a late night (general) licence, a packaged liquor licence or a late night (packaged liquor) licence. For the purposes of subsection (c) of the proposed 6E, 6F and 6G, a standard drink is any drink containing 10 grams of alcohol. Examples of a standard drink are approximately 285ml or one pot of regular beer, approximately 375ml or one stubbie of mid-strength beer, approximately 100ml or one small glass of table wine, or approximately 30ml or one shot of spirits. 4

 


 

Clause 10 amends section 8 of the LCRA to provide that a general licensee is permitted to supply liquor for consumption on the licensed premises until 1 am on 1 January each year. In previous years the VCGLR has exercised its discretion to extend trading hours for this licence type on New Year's Eve under section 58 of the LCRA. A licensee is only permitted to sell liquor for consumption off the licensed premises in accordance with their licence. Notwithstanding this change, the VCGLR may still exercise its discretion to extend trading hours beyond ordinary trading hours on New Year's Eve. Clause 11 amends section 10 of the LCRA to provide that a full club licensee is permitted to supply liquor for consumption on the licensed premises until 1 am on 1 January each year. In previous years the VCGLR has exercised its discretion to extend trading hours for this licence type on New Year's Eve under section 58 of the LCRA. Notwithstanding this change, the VCGLR may still exercise its discretion to extend trading hours beyond ordinary trading hours on New Year's Eve. Clause 12 amends section 11 of the LCRA to provide that a late night (general) licensee is permitted to supply liquor for consumption on the licensed premises until 1 am on 1 January each year. A licensee is only permitted to sell liquor for consumption off the licensed premises in accordance with their licence. Notwithstanding this change, the VCGLR may still exercise its discretion to extend trading hours beyond ordinary trading hours on New Year's Eve. Clause 13 repeals section 14(3) of the LCRA to remove the requirement for the VCGLR to impose a condition on the grant of a limited club licence that the club only purchase liquor on a retail basis. Limited clubs, like most other liquor licensees, will be permitted to purchase liquor from any person authorised to supply liquor under the LCRA. 5

 


 

Clause 14 repeals section 25(1)(b) of the LCRA to remove the requirement for the VCGLR to impose a condition on the grant of a restricted club licence that the club only purchase liquor on a retail basis. Restricted clubs, like most other liquor licensees, will be permitted to purchase liquor from any person authorised to supply liquor under the LCRA. Clause 15 amends section 58(2) of the LCRA to allow the VCGLR to restrict the application of the automatic extension of ordinary trading hours on New Year's Eve (see clause 4 of the Bill). This power is intended to provide the VCGLR with the capacity to restrict the application of the extension by specific licensee, licence type or for a local area in the event that concerns arise about the risk of alcohol-related harm from the extension. Clause 16 Subclause (1) amends section 120 to allow for the conduct of live music events attended by persons under 18 years of age on licensed premises without an approval granted by the VCGLR under section 120(2)(a). The amendments will provide that the prohibition on allowing minors into a licensed premises does not apply at a live music event (see clause 4 for the definition). A person may conduct a live music event either entirely for minors (an underage event) or where both adults and minors are allowed (a mixed age event). Liquor must not be supplied to any person at the live music event. It is expected that regulations will be made specifying conditions for licensees to comply with when conducting underage or mixed-age live music events. These conditions will deal with matters that affect the safety and well-being of those who attend these events. Under section 120(2)(ba)(i) a person intending to conduct a live music event where minors are permitted must give a notice to the VCGLR in accordance with a notice issued under 120(2B), which will be inserted by subclause (2). Subclause (2) provides that a notice indicating a person will be conducting an underage or mixed age live music event must be provided at least 7 business days prior to the date of the event and must contain the name of the event, the start and finish times of 6

 


 

the event, the times at which persons under 18 will be present at the event and any other prescribed details. Clause 17 inserts a new provision, section 183 of the LCRA, which provides that any condition on a club licence that is imposed by the VCGLR in relation to section 14(3) or section 25(1)(b) is removed. This transitional provision relates to the removal of the requirement for certain clubs to purchase liquor from retailers and is intended that clubs are not required to apply to remove conditions from their existing licences. Clause 18 provides for the automatic repeal of this Act on 1 June 2016. The repeal of this Act does not affect in any way the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 7

 


 

 


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