Liquor Control Reform Amendment Regulations 2010

i Liquor Control Reform Amendment Regulations 2010 S.R. No. 125/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 2 3 Commencement 2 4 Principal Regulations 3 5 Consequential amendment of commencement provision 3 6 New Part 2A inserted 3 PART 2A—PRESCRIBED LIQUOR 3 6A Prescribed types of liquor that butchers may supply 3 7 Risk fee—non-standard trading hours for packaged liquor licences and late night (packaged liquor) licences 4 8 Sexually explicit entertainment venues 4 9 Regulation 30 substituted 4 30 Waiver or reduction of prescribed fees 4 10 Regulation 30A inserted 6 30A Waiver of fee in certain circumstances for clubs varying category of licence in 2011 6 11 Regulations 30B and 30C inserted 6 30B Reduced licence renewal fees for licensed clubs in certain circumstances for 2011—two licences held 6 30C Reduced licence renewal fees for licensed clubs in certain circumstances for 2011—less than 100 members 7 12 Prescribed variations 7 13 New Part 6A inserted 8 PART 6A—PRESCRIBED CLOSURE AND EVACUATION NOTICE REQUIREMENTS 8 31A Prescribed closure and evacuation notice 8 31B Prescribed particulars for sign 8 31C Prescribed revocation notice 8 -- 1 of 15 -- Regulation Page ii 14 New Schedule 3 inserted 9 SCHEDULE 3 9 Form 1—Closure and Evacuation Notice 9 Form 2—Notice of Revocation of Closure and Evacuation Notice 11 ═══════════════ ENDNOTES 13 -- 2 of 15 -- 1 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 Affairs MATTHEW McBEATH Clerk of the Executive Council 1 Objective 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; -- 3 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 2 (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. 2 Authorising provision These Regulations are made under section 180 of the Liquor Control Reform Act 1998. 3 Commencement (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. r. 2 -- 4 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 3 4 Principal Regulations In these Regulations the Liquor Control Reform Regulations 2009 1 are called the Principal Regulations. 5 Consequential 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.". 6 New Part 2A inserted After Part 2 of the Principal Regulations insert— "PART 2A—PRESCRIBED LIQUOR 6A Prescribed 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. r. 4 -- 5 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 4 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. __________________". 7 Risk 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.". 8 Sexually explicit entertainment venues Regulation 29 of the Principal Regulations is revoked. 9 Regulation 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). r. 7 -- 6 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 5 (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. r. 9 -- 7 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 6 (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.". 10 Regulation 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.". 11 Regulations 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 r. 10 -- 8 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 7 to either of the licences held by the club for the year 2010. 30C Reduced 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.". 12 Prescribed 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.". r. 12 -- 9 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 8 (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.". 13 New Part 6A inserted After Part 6 of the Principal Regulations insert— "PART 6A—PRESCRIBED CLOSURE AND EVACUATION NOTICE REQUIREMENTS 31A Prescribed 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. 31B Prescribed 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. 31C Prescribed revocation notice For the purposes of section 148ZP(4) of the Act, the prescribed form is Form 2 in Schedule 3. __________________". r. 13 -- 10 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 9 14 New 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] r. 14 -- 11 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 10 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. r. 14 -- 12 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 11 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] r. 14 -- 13 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 12 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". ═══════════════ r. 14 -- 14 of 15 -- S.R. No. 125/2010 Liquor Control Reform Amendment Regulations 2010 13 ENDNOTES 1 Reg 4: S.R. No. 134/2009 as at 1 January 2010. Endnotes -- 15 of 15 --