Victorian Numbered Acts Victorian Numbered ActsAfter section 49 of the Principal Act insert —
(1) Subject to subsection (2), the grant, variation or relocation of a licence or BYO permit takes effect on the day on which—
(a) an application for a permit made under the Planning and Environment Act 1987 to permit the use of the premises to which the grant, variation or relocation relates is granted; or
(b) other evidence from the relevant responsible authority or planning authority that use of the premises to which the grant, variation or relocation relates would not contravene the planning scheme that applies under the Planning and Environment Act 1987 is given to the Commission.
(2) The day on which a grant, variation or relocation takes effect under subsection (1) must be a day that is within the 12 month period beginning on the day of the grant, variation or relocation of the licence or BYO permit and ending on the day that is 12 months after the grant, variation or relocation of the licence or BYO permit.
(3) This section does not apply to—
(a) a grant, variation or relocation of a licence or BYO permit if the premises to which the licence or BYO permit relates is on the day of the grant, variation or relocation the subject of a permit that is in force and made under the Planning and Environment Act 1987 that permits the use of the premises under the grant, variation or relocation; or
(b) a pre-retail licence, a limited licence or a major event licence.
(1) A licensee who supplies liquor under a licence that is not in effect in accordance with section 49A, is taken not to be a licensee for the purposes of section 107.
(2) If a BYO permit is not in effect in accordance with section 49A, it is taken not to be in force in respect of any premises for the purposes of section 113(1B) or (1C).".