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PARLIAMENT OF VICTORIA
Liquor Control Reform Amendment (Licensing)
Bill 2009
TABLE OF PROVISIONS
Clause Page
1 Purposes 1
2 Commencement 2
3 Principal Act 3
4 Definitions 3
5 Objects 4
6 New section 7 substituted 4
7 What are the categories of licences and permits that
may be issued under this Act? 4
7 General licence 5
8 On-premises licence 5
9 New section 9A inserted 6
9A Restaurant and cafe licence 6
10 Packaged liquor licence 9
11 New section 11A inserted 9
11A Late night licence 9
12 Limited licence 11
13 New sections 14A and 14B inserted 12
14A Major event licence 12
14B Determination of major event 13
14 Licence condition--extended hours 15
15 Further restriction grant of packaged liquor licence 15
16 Restriction on grant of limited licence 16
17 New section 26A inserted 16
26A Restriction on grant of major event licence 16
18 Application for variation of licence or BYO permit 17
19 Copy of application to be given to police and local council 17
20 Public display of licence application 17
21 Advertisement of licence application 17
22 Objection on ground of amenity 18
23 Objection by local council 18
24 Determination of uncontested applications 18
25 Determination of contested applications 19
26 Variation of licence or BYO permit at initiative of Director 19
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Clause Page
27 New section Division 10 inserted in Part 2 20
Division 10--Provision of information 20
66A Information in relation to fees 20
28 Allowing minors on licensed or authorised premises 21
29 Regulations 21
30 References to licences 22
31 New clause 23 of Schedule 3 inserted 24
23 Transitional provision--on-premises licences 24
32 New clause 24 of Schedule 3 inserted 25
24 Transitional provisions--Liquor Control Reform
Amendment (Licensing) Act 2009 25
33 Amendment to Gambling Regulation Act 2003 28
34 Amendment to Control of Weapons Act 1990 28
35 Repeal of Act 29
ENDNOTES 30
561334B.I-12/8/2009 ii BILL LA INTRODUCTION 12/8/2009
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Liquor Control Reform Amendment
(Licensing) Bill 2009
A Bill for an Act to amend the Liquor Control Reform Act 1998 in
relation to licensing and for other purposes.
The Parliament of Victoria enacts:
1 Purposes
The main purposes of this Act are--
(a) to amend the Liquor Control Reform Act
1998--
5 (i) to strengthen the objects of that Act in
relation to harm minimisation and the
responsible consumption of alcohol;
and
(ii) to create three new licence categories
10 for late night licences, restaurant and
cafe licences and major event licences;
and
561334B.I-12/8/2009 1 BILL LA INTRODUCTION 12/8/2009
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s. 2
(iii) to create late night (general) licences,
late night (on-premises) licences and
late night (packaged liquor) licences as
sub-categories of late night licences;
5 (iv) to create renewable limited licences and
temporary limited licences as sub-
categories of limited licences; and
(v) to simplify the process for licensees
seeking to change the category of
10 licence they hold; and
(vi) to provide a new risk-based structure
for licence fees; and
(vii) to make other minor and consequential
amendments to that Act; and
15 (b) to make consequential amendments to other
Acts.
2 Commencement
(1) Sections 1 and 31 and this section come into
operation on the day on which this Act receives
20 the Royal Assent.
(2) Subject to subsection (3), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(3) If a provision referred to in subsection (2) does
25 not come into operation before 1 July 2011, it
comes into operation on that day.
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s. 3
3 Principal Act
In this Act the Liquor Control Reform Act 1998 See:
Act No.
is called the Principal Act. 94/1998.
Reprint No. 4
as at
22 May 2008
and
amending
Act Nos
21/2008,
2/2009 and
8/2009.
LawToday:
www.
legislation.
vic.gov.au
4 Definitions
5 (1) In section 3(1) of the Principal Act, in the
definition of authorised premises after "section
9(1)(b)" insert ", 9A(1)(b) or 11A(3)(b)".
(2) In section 3(1) of the Principal Act, in the
definition of ordinary trading hours--
10 (a) in paragraph (a), for "general licence or
on-premises licence" substitute "general
licence, late night (general) licence,
on-premises licence, late night (on-premises)
licence or restaurant and cafe licence"; and
15 (b) in paragraph (c), after "packaged liquor
licence" insert "or late night (packaged
liquor) licence".
(3) In section 3(1) of the Principal Act, insert the
following definitions--
20 "event includes a series of events;
late night trading hours in relation to a licence or
BYO permit, means a continuous period
from 1 a.m. on a particular day, where the
licence or permit also authorises the supply
25 of liquor up to 1 a.m. on that day;
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s. 5
major event means an event determined or taken
under section 14B to be a major event;".
5 Objects
(1) In section 4(a) of the Principal Act, after "abuse of
5 alcohol" insert ", including".
(2) After section 4(a)(iii) of the Principal Act
insert--
"(iv) encouraging a culture of responsible
consumption of alcohol and reducing risky
10 drinking of alcohol and its impact on the
community; and".
(3) At the end of section 4 of the Principal Act
insert--
"(2) It is the intention of Parliament that every
15 power, authority, discretion, jurisdiction and
duty conferred or imposed by this Act must
be exercised and performed with due regard
to harm minimisation and the risks
associated with the misuse and abuse of
20 alcohol.".
6 New section 7 substituted
For section 7 of the Principal Act substitute--
"7 What are the categories of licences and
permits that may be issued under this
25 Act?
The following licences and permits may be
issued under this Act--
(a) general licence;
(b) on-premises licence;
30 (c) restaurant and cafe licence;
(d) club licence;
(e) packaged liquor licence;
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s. 7
(f) late night licence;
(g) pre-retail licence;
(h) vigneron's licence;
(i) limited licence;
5 (j) major event licence;
(k) BYO permit.".
7 General licence
For section 8(1)(a)(ii) of the Principal Act
substitute--
10 "(ii) between 11 p.m. on any particular day until
1 a.m. on the following day, if so determined
by the Director and specified in the licence;
and
(iii) between a time (not being earlier than
15 5 a.m.) before the commencement of
ordinary trading hours and the
commencement of ordinary trading hours on
a particular day, if so determined by the
Director and specified in the licence--".
20 8 On-premises licence
(1) For section 9(1)(a)(ii) of the Principal Act
substitute--
"(ii) between 11 p.m. on any particular day until
1 a.m. on the following day, if so determined
25 by the Director and specified in the licence;
and
(iii) between a time (not being earlier than
5 a.m.) before the commencement of
ordinary trading hours and the
30 commencement of ordinary trading hours on
a particular day, if so determined by the
Director and specified in the licence--".
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s. 9
(2) For section 9(1)(b) of the Principal Act
substitute--
"(b) to supply liquor on any other premises
authorised by the Director and specified in
5 the licence--
(i) during ordinary trading hours; or
(ii) between 11 p.m. on any particular day
until 1 a.m. on the following day, if so
determined by the Director and
10 specified in the licence; or
(iii) between a time (not being earlier than
5 a.m.) before the commencement of
ordinary trading hours and the
commencement of ordinary trading
15 hours on a particular day, if so
determined by the Director and
specified in the licence--
for consumption on those premises.".
(3) In section 9(2) of the Principal Act, paragraph (a)
20 is repealed.
(4) Sections 9(3), 9(4) and 9(5) of the Principal Act
are repealed.
9 New section 9A inserted
After section 9 of the Principal Act insert--
25 "9A Restaurant and cafe licence
(1) A restaurant and cafe licence authorises the
licensee--
(a) to supply liquor on the licensed
premises--
30 (i) during ordinary trading hours; and
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s. 9
(ii) at any other times determined by
the Director and specified in the
licence--
for consumption on the licensed
5 premises where the predominant
activity carried out at all times on the
premises is the preparation and serving
of meals to be consumed on the
licensed premises; and
10 (b) to supply liquor on any other premises
authorised by the Director and specified
in the licence, during ordinary trading
hours or at the times referred to in
paragraph (a)(ii) or at any other times
15 determined by the Director and
specified in the licence, for
consumption on those premises.
(2) A restaurant and cafe licence is subject to--
(a) the conditions set out in subsection (3),
20 and
(b) the condition set out in section 16
(compliance with planning scheme);
and
(c) if the licence authorises the licensee to
25 supply liquor outside ordinary trading
hours, the condition set out in section
17(1); and
(d) if the licensee is a body corporate, the
condition set out in section 18
30 (approval of directors); and
(e) any other conditions determined by the
Director and specified in the licence.
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(3) A restaurant and cafe licence is subject to the
following conditions--
(a) tables and chairs must be placed in
position on the licensed premises so as
5 to be available for at least 75% of the
patrons attending the premises at any
one time; and
(b) the licensee must not permit--
(i) the live performance of any
10 musical works; or
(ii) the playing of any recorded
musical works--
on the premises at higher than
background music level at any time
15 outside ordinary trading hours.
(4) The condition in subsection (3)(b) does not
apply to music performed or played on
licensed premises outside ordinary trading
hours as part of a function that is--
20 (a) held in an area of those premises that is
set aside for the exclusive use of
persons who have booked a table in that
area and their guests; and
(b) attended only by those persons and
25 guests.
(5) In this section--
background music level, in relation to
premises, means a level that enables
patrons to conduct a conversation at a
30 distance of 600 millimetres without
having to raise their voices to a
substantial degree.".
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s. 10
10 Packaged liquor licence
For section 11(1)(b) of the Principal Act
substitute--
"(b) between 11 p.m. on any particular day until
5 1 a.m. on the following day, if so determined
by the Director and specified in the licence;
and
(c) between a time (not being earlier than
5 a.m.) before the commencement of
10 ordinary trading hours and the
commencement of ordinary trading hours on
a particular day, if so determined by the
Director and specified in the licence--".
11 New section 11A inserted
15 After section 11 of the Principal Act insert--
"11A Late night licence
(1) A late night licence may be--
(a) a late night (general) licence; or
(b) a late night (on-premises) licence; or
20 (c) a late night (packaged liquor) licence.
(2) A late night (general) licence authorises the
licensee--
(a) to supply liquor on the licensed
premises--
25 (i) during ordinary trading hours; and
(ii) at any other times determined by
the Director and specified in the
licence--
for consumption on and off the licensed
30 premises; and
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s. 11
(b) to supply liquor on the licensed
premises at any time to a resident of the
licensed premises or a guest of such a
resident for consumption on the
5 licensed premises; and
(c) if the licensee resides on the licensed
premises, to supply liquor on that part
of the licensed premises set aside for
the licensee's private residence at any
10 time to a guest of the licensee for
consumption on that part of the licensed
premises.
(3) A late night (on-premises) licence authorises
the licensee--
15 (a) to supply liquor on the licensed
premises--
(i) during ordinary trading hours; and
(ii) at any other times determined by
the Director and specified in the
20 licence--
for consumption on the licensed
premises; and
(b) to supply liquor on any other premises
authorised by the Director and specified
25 in the licence at any times determined
by the Director and specified in the
licence, for consumption on those
premises; and
(c) if specifically authorised by the
30 Director, to supply liquor in an open
container for consumption in a food
court next to, or near, the licensed
premises.
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(4) A late night (packaged liquor) licence
authorises the licensee to supply liquor on
the licensed premises in sealed containers,
bottles or cans--
5 (a) during ordinary trading hours; and
(b) at any other times determined by the
Director and specified in the licence--
for consumption off the licensed premises.
(5) A late night licence is subject to--
10 (a) the condition set out in section 16
(compliance with planning scheme);
and
(b) the condition set out in section 17(1);
and
15 (c) if the licensee is a body corporate, the
condition set out in section 18
(approval of directors); and
(d) in the case of a late night (packaged
liquor) licence, the conditions set out in
20 sections 11(3)(aa) to 11(3)(aad); and
(e) any other conditions determined by the
Director and specified in the licence.
(6) Sections 11(2) and 11(4) to 11(8) apply in
relation to a late night (packaged liquor)
25 licence as if it were a packaged liquor
licence.".
12 Limited licence
(1) For section 14(1) of the Principal Act
substitute--
30 "(1) A limited licence may be a temporary limited
licence or a renewable limited licence.
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(1A) A temporary limited licence--
(a) authorises the licensee to supply liquor
at the times determined by the Director
and specified in the licence; and
5 (b) is not renewable.
(1B) A renewable limited licence--
(a) authorises the licensee to supply liquor
at the times determined by the Director
and specified in the licence; and
10 (b) may be renewed in accordance with this
Act.".
(2) In section 14(3) of the Principal Act for "a general
licence or packaged liquor licence" substitute
"a general licence, a late night (general) licence, a
15 packaged liquor licence or a late night (packaged
liquor) licence".
13 New sections 14A and 14B inserted
After section 14 of the Principal Act insert--
"14A Major event licence
20 (1) A major event licence authorises the licensee
to supply liquor in relation to a major event
at the times determined by the Director and
specified in the licence.
(2) A major event licence is subject to--
25 (a) if the licensee is a body corporate, the
condition set out in section 18
(approval of directors); and
(b) any other conditions determined by the
Director and specified in the licence.
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14B Determination of major event
(1) The Director may determine that an event is
a major event for the purposes of
sections 14A and 26.
5 (2) The Director may determine that an event is
a major event only if he or she is satisfied
that the event is likely to have a significant
impact.
(3) Subject to subsection (7), an event is taken to
10 be a major event if the Director determines
that the event is likely to attract more than
5000 patrons.
(4) An event is likely to have a significant
impact if--
15 (a) the event is likely to require significant
effort or oversight by authorised
persons; or
(b) the event is likely to have a significant
impact on the provision and
20 organisation of public transport and
emergency services; or
(c) the event is likely to have a significant
impact on public safety or the amenity
of the area or both in which the event is
25 to be held.
(5) In determining the number of patrons that the
event is likely to attract, the Director may
consider--
(a) the nature of the event (including any
30 activities held in conjunction with the
event);
(b) the location of the event;
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s. 13
(c) if the same event or substantially the
same event has been held previously,
the estimated number of patrons who
attended that event;
5 (d) the proposed number of tickets to be
available for the event, if applicable;
(e) any relevant recommendations made by
the Chief Commissioner.
(6) In determining whether an event is likely to
10 have a significant impact, the Director must
have regard to--
(a) the number of patrons the event is
likely to attract;
(b) the proposed date, time and duration of
15 the event;
(c) the nature of the event (including any
activities held in conjunction with the
event);
(d) the location of the event;
20 (e) the potential impact on public transport,
emergency services and the council of
the municipal district in which the
licensed premises to which the
application relates are situated;
25 (f) the potential impact on public safety
and the amenity of the area in which the
event is to be held;
(g) the cumulative impact of the grant of
other licence applications in relation to
30 the event;
(h) if the proposed event, or similar event,
has previously been held, the impact of
that prior event on the factors in
paragraphs (a) to (f);
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s. 14
(i) any relevant recommendations made by
the Chief Commissioner;
(j) any other matter that the Director
considers relevant.
5 (7) Despite subsection (3), the Director may
determine that an event that is likely to
attract more than 5000 patrons is not a major
event if, in the opinion of the Director, the
event is unlikely to have a significant impact
10 on any of the factors set out in
subsection (4).
(8) In this section authorised person means an
authorised person within the meaning of
Division 3 of Part 8.".
15 14 Licence condition--extended hours
For section 17(2)(d) of the Principal Act
substitute--
"(d) a limited licence other than a limited licence
that authorises late night trading hours; or
20 (e) a major event licence other than a major
event licence that authorises late night
trading hours.".
15 Further restriction grant of packaged liquor licence
(1) Insert the following heading to section 24 of the
25 Principal Act--
"Further restriction on grant of packaged
liquor and late night (packaged liquor)
licences".
(2) In section 24 of the Principal Act, after "packaged
30 liquor licence" insert "or a late night (packaged
liquor) licence".
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16 Restriction on grant of limited licence
At the end of section 26 of the Principal Act
insert--
"(2) The Director must not grant a temporary
5 limited licence for a major event.
(3) If an application is made for a temporary
limited licence in relation to an event and the
Director determines under section 14B that
the event is a major event, the Director must
10 notify the applicant that the Director will
consider the application as an application for
a major event licence on payment of the fee
specified in the notice.
(4) The fee specified in a notice under
15 subsection (3) must be the amount that is the
difference between the prescribed fee for a
temporary limited licence and the relevant
prescribed fee for a major event licence.
(5) If a notice is given under subsection (3), the
20 Director is not required to consider the
application further until the fee specified in
the notice is paid.".
17 New section 26A inserted
After section 26 of the Principal Act insert--
25 "26A Restriction on grant of major event
licence
The Director may grant a major event licence
only if satisfied that the scale and scope of
the supply of liquor the subject of the licence
30 is limited in nature.".
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s. 18
18 Application for variation of licence or BYO permit
(1) Before section 29(2)(a) of the Principal Act
insert--
"(aa) a variation of the category of licence held by
5 the licensee;".
(2) In section 29(3)(c)(ii) of the Principal Act, after
"inspector" insert "or an application for a
prescribed variation of a licence or BYO permit
referred to in section 33, 34 or 35".
10 19 Copy of application to be given to police and local
council
In section 33(3) of the Principal Act--
(a) after "limited licence" (where first occurring)
insert "or a major event licence";
15 (b) after "limited licence" (where secondly
occurring) insert "or major event licence or
for a prescribed variation of a licence or
BYO permit".
20 Public display of licence application
20 (1) In section 34(1) of the Principal Act after "limited
licence" insert ", a major event licence or a
prescribed variation of a licence".
(2) In section 34(7) of the Principal Act after "limited
licence" insert "or a major event licence or a
25 prescribed variation of a licence".
21 Advertisement of licence application
(1) In section 35(1) of the Principal Act, after
"packaged liquor licence" insert ", a late night
(packaged liquor) licence".
30 (2) After section 35(1) of the Principal Act insert--
"(1A) Subsection (1) does not apply to a prescribed
variation of a licence".
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(3) In section 35(2) of the Principal Act omit "(other
than a packaged liquor licence or prescribed
licence)".
(4) After section 35(2) of the Principal Act insert--
5 "(2A) Subsection (2) applies to a prescribed
variation of a packaged liquor licence, late
night (packaged liquor) licence or prescribed
licence but does not otherwise apply to a
packaged liquor licence, a late night
10 (packaged liquor) licence or a prescribed
licence.".
(5) In section 35(6) of the Principal Act, after "limited
licence" insert "or a major event licence";
22 Objection on ground of amenity
15 In section 38(1A) of the Principal Act, after
"packaged liquor licence" insert "or late night
(packaged liquor) licence".
23 Objection by local council
In sections 40(1A)(a) and 40(1A)(b) of the
20 Principal Act, after "packaged liquor licence"
insert "or late night (packaged liquor) licence".
24 Determination of uncontested applications
After section 44(4) of the Principal Act insert--
"(5) If the Director refuses to grant an
25 uncontested application for a late night
(general) licence, the Director may grant a
general licence instead.
(6) If the Director refuses to grant an
uncontested application for a late night
30 (on-premises) licence, the Director may
grant an on-premises licence or a restaurant
and cafe licence instead.
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(7) If the Director refuses to grant an
uncontested application for a late night
(packaged liquor) licence, the Director may
grant a packaged liquor licence instead.".
5 25 Determination of contested applications
After section 47(3) of the Principal Act insert--
"(4) If the Director refuses to grant a contested
application for a late night (general) licence,
the Director may grant a general licence
10 instead.
(5) If the Director refuses to grant a contested
application for a late night (on-premises)
licence, the Director may grant an
on-premises licence or a restaurant and cafe
15 licence instead.
(6) If the Director refuses to grant a contested
application for a late night (packaged liquor)
licence, the Director may grant a packaged
liquor licence instead.".
20 26 Variation of licence or BYO permit at initiative of
Director
Before section 58(2)(a) of the Principal Act
insert--
"(aa) a variation of the category of licence held by
25 the licensee--
(i) from a late night (general) licence to a
general licence;
(ii) from a late night (on-premises) licence
to an on-premises licence;
30 (iii) from a late night (packaged liquor)
licence to a packaged liquor licence;".
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27 New section Division 10 inserted in Part 2
After Division 9 of Part 2 of the Principal Act
insert--
"Division 10--Provision of information
5 66A Information in relation to fees
(1) An authorised person may from time to time
request a licensee or permittee to provide
information about the conduct of the licensed
premises or premises to which the permit
10 applies for either or both of the following
purposes--
(a) to assist in determining the relevant fee
in relation to the licence or permit;
(b) to assist in identifying and measuring
15 the factors that contribute to the risk of
alcohol-related harms.
(2) The licensee or permittee must comply with
a request under this section.
(3) If there is any change in the information
20 provided by a licensee or permittee under
this section, the licensee or permittee must
notify an authorised person of the change as
soon as practicable.
(4) The Secretary may authorise, for the
25 purposes of this section, any person
employed under Part 3 of the Public
Administration Act 2004 in the Department
of Justice.
(5) In this section authorised person means--
30 (a) a person who is authorised under
subsection (4); or
(b) an authorised person within the
meaning of Division 3 of Part 8.".
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28 Allowing minors on licensed or authorised premises
In section 120(2)(d) of the Principal Act, for "is an
on-premises licence that is subject to the
conditions set out in section 9(3); or" substitute--
5 "is--
(i) an on-premises licence where the permitted
use of the licensed premises under the
Planning and Environment Act 1987 is
that of a restaurant; or
10 (ii) a restaurant and cafe licence; or".
29 Regulations
(1) For section 180(4)(b) of the Principal Act
substitute--
"(b) may provide for fees that vary according to
15 time, including but not limited to--
(i) fees that vary according to the trading
hours for which a licensee is authorised
to supply liquor; and
(ii) fees that vary according to the period of
20 time for which a licence is granted or
renewed;".
(2) After section 180(4) of the Principal Act insert--
"(5) Without limiting subsection (4), the
regulations may provide for the calculation
25 of fees based on all or any of the following
factors--
(a) the nature and scale of the activities
being carried out at the licensed
premises;
30 (b) the type of venue;
(c) the number of patrons;
561334B.I-12/8/2009 21 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 30
(d) any activities carried out by a licensee
or permittee that reduce the risk of
alcohol-related harm arising from the
operation of a licence or permit;
5 (e) the previous conduct of a licensee or
permittee in carrying out activities
under a licence or permit;
(f) the previous history of a licensee or
permittee in complying with this Act
10 and the regulations;
(g) any other factors consistent with the
objects of this Act.
(6) A fee provided for by the regulations is not
limited to an amount that is related to the
15 cost of providing a service.".
30 References to licences
The Principal Act is amended as follows--
(a) in section 3(1), in the definition of guest ,
after "general licence" insert "or late night
20 (general) licence";
(b) in section 16(2), for "or a limited licence"
substitute ", a limited licence or a major
event licence";
(c) after section 17(2)(a), insert--
25 "(ab) a late night (general) licence that
authorises the supply of liquor outside
ordinary trading hours only as set out in
section 11A(2)(b) or 11A(2)(c); or";
(d) in section 25(1)(b), for "a general licence
30 or a packaged liquor licence" substitute
"a general licence, a late night (general)
licence, a packaged liquor licence or a late
night (packaged liquor) licence";
561334B.I-12/8/2009 22 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 30
(e) in sections 60(4)(a), 61(2) and 62(8) before
"limited" insert "renewable";
(f) in section 72, after "on-premises licence"
insert "or a late night (on-premises)
5 licence";
(g) in section 100, for "a general licence or an
on-premises licence" substitute "a general
licence, a late night (general) licence, an
on-premises licence or a late night
10 (on-premises) licence";
(h) in sections 114(1)(c), 123(2)(c), 123(2)(f),
129(6) and 129(7), after "general licence"
insert "or a late night (general) licence";
(i) in section 123(1)(c)(iii), for "a general
15 licence or an on-premises licence" substitute
"a general licence, a late night (general)
licence, an on-premises licence or a late
night (on-premises) licence";
(j) in section 131(1)(b), for "a general licence
20 or an on-premises licence" substitute
"a general licence, a late night (general)
licence, an on-premises licence or a late
night (on-premises) licence";
(k) in section 135(b), for "a general licence or an
25 on-premises licence" substitute "a general
licence, a late night (general) licence, an
on-premises licence or a late night
(on-premises) licence";
(l) in section 148O, after "on-premises licence"
30 insert ", a late night (on-premises) licence or
a restaurant and cafe licence".
561334B.I-12/8/2009 23 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 31
31 New clause 23 of Schedule 3 inserted
At the end of Schedule 3 of the Principal Act
insert--
"23 Transitional provision--on-premises
5 licences
(1) The holder of an on-premises licence that is
subject to the conditions set out in section
9(3) may apply to the Director before the
commencement of section 32 of the Liquor
10 Control Reform Amendment Act 2009 for
the continuation after that commencement of
the on-premises licence subject to those
conditions.
(2) If the Director grants the application, the
15 licence continues in force (subject to the
conditions on which it was granted,
including the conditions set out in section
9(3)) on or after the commencement of
section 32 of the Liquor Control Reform
20 Amendment Act 2009--
(a) if the licence authorises the supply of
liquor for a continuous period from
1 a.m. on a particular day and also
authorises the supply of liquor up to
25 1 a.m. on that day, as a late night
(on-premises) licence; and
(b) in any other case, as an on-premises
licence.
(3) An application may be made at any time
30 after the commencement of section 31 of the
Liquor Control Reform Amendment Act
2009 and before the commencement of
section 32 of the 2009 Act for a licence
under this Act as proposed to be amended by
35 the 2009 Act but the licence does not take
561334B.I-12/8/2009 24 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 32
effect before the commencement of
section 32 of the 2009 Act.
(4) Nothing in this clause limits the operation of
the Interpretation of Legislation Act
5 1984.".
32 New clause 24 of Schedule 3 inserted
After clause 23 of Schedule 3 to the Principal Act
insert--
"24 Transitional provisions--Liquor Control
10 Reform Amendment (Licensing) Act 2009
(1) A general licence that authorises the supply
of liquor during late night trading hours that
was in force immediately before the
commencement of section 11 of the Liquor
15 Control Reform Amendment (Licensing)
Act 2009 is, after the commencement of that
section, taken to continue in force (subject to
any conditions on which it was granted) as a
late night (general) licence.
20 (2) An application for a general licence
authorising trading during late night trading
hours that was made but not finally
determined before the commencement of
section 11 of the Liquor Control Reform
25 Amendment (Licensing) Act 2009 is taken
to be an application for a late night (general)
licence.
(3) Except as provided in subclause (5) or
clause 23(2), an on-premises licence that
30 authorises the supply of liquor during late
night trading hours that was in force
immediately before the commencement of
section 11 of the Liquor Control Reform
Amendment (Licensing) Act 2009 is, after
35 the commencement of that section, taken to
continue in force (subject to any conditions
561334B.I-12/8/2009 25 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 32
on which it was granted) as a late night
(on-premises) licence.
(4) Except as provided in subclause (6), an
application for an on-premises licence
5 authorising trading during late night trading
hours that was made but not finally
determined before the commencement of
section 8 of the Liquor Control Reform
Amendment (Licensing) Act 2009 is taken
10 to be an application for a late night
(on-premises) licence.
(5) Except in relation to an on-premises licence
that is continued under clause 23, an
on-premises licence that is subject to the
15 conditions referred to in section 9(3) that was
in force immediately before the
commencement of section 9 of the Liquor
Control Reform Amendment (Licensing)
Act 2009 is, after the commencement of that
20 section, taken to continue in force (subject to
any conditions on which it was granted) as a
restaurant and cafe licence.
(6) An application for an on-premises licence
that would if granted before the
25 commencement of section 9 of the Liquor
Control Reform Amendment (Licensing)
Act 2009 have been subject to the conditions
referred to in section 9(3) and that was made
but not finally determined immediately
30 before that commencement is taken to be an
application for a restaurant and cafe licence.
(7) A packaged liquor licence that authorises the
supply of liquor during late night trading
hours that was in force immediately before
35 the commencement of section 11 of the
Liquor Control Reform Amendment
(Licensing) Act 2009 is, after the
561334B.I-12/8/2009 26 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 32
commencement of that section, taken to
continue in force (subject to any conditions
on which it was granted) as a late night
(packaged liquor) licence.
5 (8) An application for a packaged liquor licence
authorising trading during late night trading
hours that was made but not finally
determined before the commencement of
section 11 of the Liquor Control Reform
10 Amendment (Licensing) Act 2009 is taken
to be an application for a late night
(packaged liquor) licence.
(9) A limited licence that was granted as a
renewable limited licence and that was in
15 force immediately before the commencement
of section 12 of the Liquor Control Reform
Amendment (Licensing) Act 2009 is, after
the commencement of that section, taken to
continue in force (subject to any conditions
20 on which it was granted) as a renewable
limited licence.
(10) Subject to subclause (12), an application for
a limited licence for an event that was made
but not finally determined before the
25 commencement of section 12 of the Liquor
Control Reform Amendment (Licensing)
Act 2009 is taken to be an application for a
temporary limited licence.
(11) An application for a limited licence (other
30 than for an event) that was made but not
finally determined before the
commencement of section 12 of the Liquor
Control Reform Amendment (Licensing)
Act 2009 is taken to be an application for a
35 renewable limited licence.
561334B.I-12/8/2009 27 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 33
(12) The Director may treat an application for a
limited licence that is made after the Liquor
Control Reform Amendment (Licensing)
Act 2009 receives the Royal Assent as an
5 application for a major event licence, if the
event for which the licence is sought is an
event that is capable of being determined as
a major event by the Director in accordance
with section 14B and is proposed to be held
10 after the commencement of section 13 of that
Act.".
See: 33 Amendment to Gambling Regulation Act 2003
Act No.
14/2003.
Reprint No. 2
In section 1.3(1) of the Gambling Regulation
as at Act 2003, in the definition of pub licence, after
1 October
15 2007
"general licence under section 8" insert "or a late
and night (general) licence under section 11A".
amending
Act Nos
16/2004,
39/2007,
72/2007,
4/2008,
12/2008,
40/2008,
71/2008,
73/2008 and
29/2009.
LawToday:
www.
legislation.
vic.gov.au
See: 34 Amendment to Control of Weapons Act 1990
Act No.
24/1990.
Reprint No. 4
In section 3(1) of the Control of Weapons Act
as at 1990, in the definition of licensed premises, for
8 November
20 2007.
paragraphs (a) and (b) substitute--
LawToday:
www. "(a) a general licence or a late night (general)
legislation. licence; or
vic.gov.au
(b) an on-premises licence or a late night
(on-premises) licence);or
25 (ba) a restaurant and cafe licence; or".
561334B.I-12/8/2009 28 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
s. 35
35 Repeal of Act
This Act is repealed on 1 July 2012.
Note
The repeal of this Act does not affect the continuing operation of
5 the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561334B.I-12/8/2009 29 BILL LA INTRODUCTION 12/8/2009
Liquor Control Reform Amendment (Licensing) Bill 2009
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561334B.I-12/8/2009 30 BILL LA INTRODUCTION 12/8/2009
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