Liquor Control Reform Regulations 1999

i Liquor Control Reform Regulations 1999 S.R. No. 13/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objectives 1 2. Authorising provisions 2 3. Definitions 2 PART 2—PRESCRIBED SUBSTANCES 3 4. Substance prescribed as liquor 3 PART 3—PARTICULARS AND INFORMATION FOR APPLICATIONS 4 5. Particulars for application for licence or BYO permit 4 6. Information to accompany application for licence or BYO permit 5 7. Particulars for application for variation of licence or BYO permit 6 8. Information to accompany application for variation of licence or BYO permit in respect of the licensed premises 8 9. Particulars for application for relocation of licence or BYO permit 8 10. Information to accompany application for relocation of licence or BYO permit 9 11. Particulars for application for transfer of licence or BYO permit 9 12. Information to accompany application for transfer of licence or BYO permit 10 PART 4—FEES 11 13. Fees 11 PART 5—LICENSING POLLS 12 14. Advertising the poll 12 15. Appointment of scrutineers 12 16. Adoption of provisions of The Constitution Act Amendment Act 1958 12 17. Adoption of provisions of the Victorian Parliamentary Elections Regulations 1992 13 -- 1 of 22 -- Regulation Page ii 18. Ballot paper 13 19. Formality of vote 13 __________________ SCHEDULES 14 SCHEDULE 1—Fees 14 SCHEDULE 2—Ballot paper 19 ═══════════════ NOTES 20 -- 2 of 22 -- 1 STATUTORY RULES 1999 S.R. No. 13/1999 Liquor Control Reform Act 1998 Liquor Control Reform Regulations 1999 The Governor in Council makes the following Regulations: Dated: 16 February 1999 Responsible Minister: LOUISE ASHER Minister for Small Business MATTHEW GROVES Acting Clerk of the Executive Council PART 1—PRELIMINARY 1. Objectives The objectives of these Regulations are— (a) to prescribe a substance for the purpose of the definition of "liquor" in section 3 of the Act; (b) to prescribe— (i) the particulars that are to be included in an application for the grant, variation, relocation or transfer of a licence or BYO permit; (ii) the information that is to accompany an application for the grant, variation, relocation or transfer of a licence or BYO permit; -- 3 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 2 (iii) fees payable under the Act; (c) to provide for the conduct of licensing polls. 2. Authorising provisions These Regulations are made under sections 3, 28, 29, 31, 32, 52, 59, 60, 67, 82 and 180 of, and clause 17 of Schedule 3 to, the Liquor Control Reform Act 1998. 3. Definitions In these Regulations— "alcohol-based food essence" means a food flavouring preparation in liquid form that is packaged— (a) in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity; (b) in any other case—in a container of more than 50 millilitres capacity; "licensing poll" means a vote of electors taken within a neighbourhood to determine whether or not a licence should be granted in or relocated to the neighbourhood; "neighbourhood" means the neighbourhood surrounding the proposed site of the premises in respect of which a licence has been applied for or to which a licence is sought to be relocated as delineated by the Director under clause 17(2)(b) of Schedule 3 to the Act; "the Act" means the Liquor Control Reform Act 1998. _______________ r. 2 -- 4 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 3 PART 2—PRESCRIBED SUBSTANCES 4. Substance prescribed as liquor For the purposes of the definition of "liquor" in section 3(1) of the Act, an alcohol-based food essence that is supplied by retail is a prescribed substance. _______________ r. 4 -- 5 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 4 PART 3—PARTICULARS AND INFORMATION FOR APPLICATIONS 5. Particulars for application for licence or BYO permit (1) For the purposes of section 28(1)(b) of the Act, the prescribed particulars to be included in an application for a licence or BYO permit are— (a) the applicant's name; and (b) the applicant's address for service of documents (including, if applicable, facsimile number and electronic mail address) and a telephone number on which the applicant or their representative can be contacted during business hours; and (c) the address of the premises or proposed premises in respect of which the licence or permit is sought; and (d) the name and address— (i) if the applicant is a body corporate—of each director and the company secretary or public officer of the body corporate; (ii) if the applicant is a member of the committee of management of an unincorporated club on behalf of the club—of each member of the committee of management of the club; (iii) if the applicant is a member of a partnership on behalf of the partnership—of each member of the partnership; and (e) a description of the nature and scope of the business to be conducted on the licensed premises or, in the case of an application for r. 5 -- 6 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 5 a pre-retail licence, a description of the nature and scope of the business to be conducted under the licence; and (f) any conditions sought in relation to the licence or permit including, if applicable, the times sought outside ordinary trading hours during which the applicant wishes to supply liquor; and (g) in the case of an application for a BYO permit—the hours for which the applicant wishes the permit to apply. (2) Sub-regulation (1)(c) does not apply to an application for a pre-retail licence. 6. Information to accompany application for licence or BYO permit (1) For the purposes of section 28(1)(c)(i) of the Act, the prescribed information to accompany an application for a licence or BYO permit is— (a) an accurate depiction of the premises or proposed premises to which the application relates showing the proposed area of the licensed premises; and (b) any one of— (i) a copy of a permit issued under the Planning and Environment Act 1987 or, in the case of a vehicle, vessel or aircraft, a permit issued under any relevant planning law, permitting the premises to which the application relates to be used as licensed premises in accordance with the authority of the relevant licence or BYO permit; or (ii) other evidence that use of the premises as licensed premises in accordance with the authority of the relevant licence or r. 6 -- 7 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 6 BYO permit would not contravene the planning scheme that applies under the Planning and Environment Act 1987 or, in the case of a vehicle, vessel or aircraft, any relevant planning law; or (iii) a copy of an application that has been made in accordance with the Planning and Environment Act 1987 or, in the case of a vehicle, vessel or aircraft, any relevant planning law, for a permit, licence or other authority that, if granted, would permit the premises to be used as licensed premises in accordance with the authority of the relevant licence or BYO permit; and (c) if the applicant is not the owner of the premises to which the application relates—evidence of the applicant's right to occupy the premises. (2) This regulation does not apply to an application for a limited licence or a pre-retail licence. 7. Particulars for application for variation of licence or BYO permit (1) For the purposes of section 29(3)(b) of the Act, the prescribed particulars to be included in an application by a licensee or permittee for a variation of a licence or BYO permit are— (a) the applicant's name; and (b) the applicant's address for service of documents (including, if applicable, facsimile number and electronic mail address) and a telephone number on which the applicant or their representative can be contacted during business hours; and (c) the address of the licensed premises; and r. 7 -- 8 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 7 (d) the name and address— (i) if the applicant is a body corporate—of each director and the company secretary or public officer of the body corporate; (ii) if the applicant is a member of the committee of management of an unincorporated club on behalf of the club—of each member of the committee of management of the club; (iii) if the applicant is a member of a partnership on behalf of the partnership—of each member of the partnership; and (e) the details of the variation sought; and (f) the licence or permit number. (2) For the purposes of section 29(3)(b) of the Act, the prescribed particulars to be included in an application by the Chief Commissioner or a licensing inspector for a variation of a licence or BYO permit are— (a) the applicant's name and address; and (b) the name and address of the licensee or permittee; and (c) the address of the licensed premises; and (d) the details of the variation sought; and (e) the licence or permit number. (3) For the purposes of section 29(3)(b) of the Act, the prescribed particulars to be included in an application by the persons referred to in section 32(1)(a) or (b) of the Act for a variation of a licence or BYO permit are the particulars referred to in sub-regulation (1) as if a reference in that r. 7 -- 9 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 8 sub-regulation to the applicant were a reference to the transferee of the licence or permit. 8. Information to accompany application for variation of licence or BYO permit in respect of the licensed premises For the purposes of section 29(3)(c)(i) of the Act, an application for a variation of the size or perimeter of the licensed premises under section 29(2)(b) of the Act must be accompanied by an accurate depiction of the premises or proposed premises to which the application relates showing the proposed size or perimeter of the licensed premises. 9. Particulars for application for relocation of licence or BYO permit For the purposes of section 31(2)(b) of the Act, the prescribed particulars to be included in an application for the relocation of a licence or BYO permit are— (a) the applicant's name; and (b) the applicant's address for service of documents (including, if applicable, facsimile number and electronic mail address) and a telephone number on which the applicant or their representative can be contacted during business hours; and (c) the name and address— (i) if the applicant is a body corporate—of each director and the company secretary or public officer of the body corporate; (ii) if the applicant is a member of the committee of management of an unincorporated club on behalf of the r. 8 -- 10 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 9 club—of each member of the committee of management of the club; (iii) if the applicant is a member of a partnership on behalf of the partnership—of each member of the partnership; and (d) the current address of the licensed premises and the address of the premises to which it is proposed that the licence be relocated; and (e) the licence or permit number. 10. Information to accompany application for relocation of licence or BYO permit For the purposes of section 31(2)(c)(i) of the Act, the prescribed information to accompany an application for the relocation of a licence or BYO permit is the information referred to in regulation 6(1). 11. Particulars for application for transfer of licence or BYO permit For the purposes of section 32(2)(b) of the Act, the prescribed particulars for an application for the transfer of a licence or BYO permit are— (a) the transferee's name; and (b) the transferee's address for service of documents (including, if applicable, facsimile number and electronic mail address) and a telephone number on which the transferee or their representative can be contacted during business hours; and (c) the name and address— (i) if the transferee is a body corporate—of each director and the company secretary or public officer of the body corporate; r. 10 -- 11 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 10 (ii) if the transferee is an unincorporated club—of each member of the committee of management of the club; (iii) if the transferee is a partnership—of each member of the partnership; and (d) the address of the licensed premises; and (e) the licence or permit number. 12. Information to accompany application for transfer of licence or BYO permit For the purposes of section 32(2)(c)(i) of the Act, an application for the transfer of a licence or BYO permit to a transferee who is not the owner of the licensed premises must be accompanied by evidence of the transferee's right to occupy the premises. _______________ r. 12 -- 12 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 11 PART 4—FEES 13. Fees The prescribed fees for the purposes of the Act are the fees set out in Schedule 1. _______________ r. 13 -- 13 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 12 PART 5—LICENSING POLLS 14. Advertising the poll (1) At least 21 days before the polling day for a licensing poll, the returning officer must publish a notice of the poll in the Government Gazette and by advertisement in a daily newspaper circulating in the neighbourhood. (2) The notice must contain— (a) a description of the neighbourhood; and (b) the resolution to be submitted to the electors; and (c) a statement that voting is compulsory; and (d) information concerning postal voting procedures; and (e) the names and locations of polling places; and (f) the day and hours of polling. 15. Appointment of scrutineers The returning officer may approve prior to polling day the appointment of one scrutineer at each polling booth on behalf of— (a) the applicant for the granting or relocation of the licence; and (b) any group of at least five people entitled to vote at the poll who are opposed to the granting or relocation of the licence. 16. Adoption of provisions of The Constitution Act Amendment Act 1958 Subject to clause 17 of Schedule 3 to the Act, a licensing poll must be conducted (with any adaptations as are necessary) in accordance with r. 14 -- 14 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 13 the following provisions of The Constitution Act Amendment Act 1958— (a) Part IV; (b) Division 1 of Part V; (c) Division 9 of Part V (except sections 165A, 165B, 165C, 173 and 174); (d) Division 10 of Part V; (e) sections 185A and 186; (f) Division 12 of Part V; (g) sections 202, 203, 206 and 212; (h) Divisions 15, 16, 17, 18, 20, 21, 22 and 23 of Part V. 17. Adoption of provisions of the Victorian Parliamentary Elections Regulations 1992 Subject to clause 17 of Schedule 3 to the Act, a licensing poll must be conducted (with any adaptations as are necessary) in accordance with Parts 4, 6 and 7 of the Victorian Parliamentary Elections Regulations 19921 . 18. Ballot paper The ballot paper to be used for the purposes of conducting a licensing poll must be in the form of Schedule 2. 19. Formality of vote A ballot paper that does not contain the word "Yes" or the word "No" transcribed by the voter or contains both the word "Yes" and the word "No" is informal and must not be counted. __________________ r. 17 -- 15 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 14 SCHEDULES SCHEDULE 1 Regulation 13 FEES 1. Fees for licences and BYO permits Subject to clauses 2 and 3, the prescribed fee described in column 2 of Table A is the amount set out in column 3 opposite that description. TABLE A Column 1 Provision of the Act Column 2 Description of fee Column 3 Fee ($) 28(1)(c)(ii) Fee for licence (other than a limited licence) 500 28(1)(c)(ii) Fee for limited licence 50 28(1)(c)(ii) Fee for limited licence if applicant is a licensee 23 28(1)(c)(ii) Fee for BYO permit 110 29(3)(c)(ii) Fee for variation of licence 200 29(3)(c)(ii) Fee for variation of BYO permit 40 31(2)(c)(ii) Fee for relocation of licence 265 31(2)(c)(ii) Fee for relocation of BYO permit 50 32(2)(c)(ii) Fee for transfer of licence 150 32(2)(c)(ii) Fee for transfer of BYO permit 30 Sch. 1 -- 16 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 15 Column 1 Provision of the Act Column 2 Description of fee Column 3 Fee ($) 60(2)(c) Fee for renewal of licence (other than a limited licence or restricted club licence) 150 60(2)(c) Fee for renewal of limited licence 50 60(2)(c) Fee for renewal of restricted club licence 30 60(2)(c) Fee for renewal of BYO permit 100 67(2)(c)(iii) Fee for club licence on application by amalgamated club 210 82(1)(b) Fee for application under section 80 by executor, trustee, etc. for endorsement on licence or BYO permit 55 82(1)(b) Fee for application under section 81 by owner, mortgagee or agent for endorsement on licence or BYO permit 55 2. Fees for additional hours (1) Subject to clause 4, if an application is made for a licence (other than a packaged liquor licence), or for a variation or renewal of a licence, that will authorise the supply or consumption of liquor outside ordinary trading hours at any time during the hours stated in column 1 of Table B, the amount in column 2 of Table B opposite those hours is payable for the licence, or variation or renewal of the licence, in addition to the relevant fee payable under clause 1. TABLE B Sch. 1 -- 17 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 16 Column 1 Hours outside ordinary trading hours Column 2 Additional fee ($) Monday to Saturday 11.00 p.m. to 1.00 a.m. the following day 1.00 a.m. to 7.00 a.m. 360 930 Sunday 1.00 a.m. to 7.00 a.m. 7.00 a.m. to 10.00 a.m. 930 300 Good Friday; ANZAC Day 7.00 a.m. to 12 noon 500 Sunday; Good Friday; ANZAC Day 11.00 p.m. to 1.00 a.m. the following day 715 (2) Sub-clause (1) does not apply to a general licence that authorises the supply of liquor outside ordinary trading hours only as provided in section 8(1)(b) or (c) of the Act. 3. Fees for additional hours for packaged liquor licences Subject to clause 4, if an application is made for a packaged liquor licence, or for a variation or renewal of a packaged liquor licence, that will authorise the supply of liquor outside ordinary trading hours at any time during the hours stated in column 1 of Table C, the amount in column 2 of Table C opposite those hours is payable for the licence, or variation or renewal of the licence, in addition to the relevant fee payable under clause 1. TABLE C Sch. 1 -- 18 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 17 Column 1 Hours outside ordinary trading hours Column 2 Additional fee ($) Monday to Saturday 7.00 a.m. to 9.00 a.m. 11.00 p.m. to 1.00 a.m. the following day 1.00 a.m. to 7.00 a.m. 200 360 930 Sunday Before 10.00 a.m. and after 11.00 p.m. 500 ANZAC Day 7.00 a.m. to 12 noon 11.00 p.m. to 1.00 a.m. the following day 250 350 4. Pro rata payment of additional fees If a licence or a variation or renewal of a licence is to be valid for only part of a year, the relevant additional fee for the purpose of clause 2 or 3 (as the case requires) is the amount determined in accordance with the formula: A = B C 12 × where— A is the amount of the additional fee; B is the relevant amount specified in column 2 of Table B or Table C (as the case requires); C is the number of months the licence or the variation or renewal of the licence will be in force. 5. Copy of licence or BYO permit Sch. 1 Sch. 1 -- 19 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 18 The prescribed fee for a copy of a licence or BYO permit or part of a licence or permit under section 52 of the Act is $10. __________________ -- 20 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 19 SCHEDULE 2 Regulation 18 BALLOT PAPER Resolution that a 1 be granted in (or relocated to) the neighbourhood of 2 Do you approve the resolution? Directions to the Voter If you desire to vote for the resolution write the word "YES" in the square provided opposite the question. If you desire to vote against the resolution write the word "NO" in the square provided opposite the question. 1 Insert the type of licence. 2 Insert the neighbourhood in which the grant or relocation of the licence is to be considered. ═══════════════ Sch. 2 -- 21 of 22 -- S.R. No. 13/1999 Liquor Control Reform Regulations 1999 20 NOTES 1 Reg. 17: S.R. No. 109/1992. Reprint No. 1 as at 7 May 1998. Notes -- 22 of 22 --