1. The background to this matter is largely set out in the published decision of the Victorian Liquor Commission (Commission) dated 1 December 2023, in which the Commission determined to grant an amended and uncontested application made by Camberwell Developments Pty Ltd (Applicant) for a packaged liquor licence (described as licence no. 32072134 (Licence)) for premises known as Bottlemart at Greenvale located at Greenvale Shopping Centre, site G16-G17 of 1-11 Greenvale Drive, Greenvale (Premises).[1]
2. On 17 July 2025, the Applicant applied to the Commission under section 29 of the Liquor Control Reform Act 1998 (LCR Act)[2] for variation of a condition of the Licence (Variation Application). Specifically, by way of the Variation Application, the Applicant sought to amend the commencement of trade condition on the Licence from 10am to 9am for Monday to Saturday. All other conditions on the Licence would remain unchanged, including the condition:

"Notice of any application to amend the Premises Management Plan must be given to Corpus Christi Community Greenvale Incorporated (CCCGI) and the Roman Catholic Trusts Corporation (RCTC)."

1. Relevantly, CCGI and RCTC were collectively described in the Commission's previous published decision as objectors to the Applicant's initial packaged liquor licence application before that application was then amended, with the amended application ultimately determined as an uncontested application within the meaning of section 3.[3]
2. The Applicant provided the following reasons in support of the Variation Application:

(a) Greenvale Shopping Centre serves a predominantly elderly demographic who shop in the morning. As the licensee for the Premises, we have consistently received feedback from customers requesting that our store open before 10am as many customers wish to conveniently purchase liquor after completing their grocery shopping at the supermarket next door.

(b) Like (a) above, foot traffic in the shopping centre significantly declines after school pick-ups, so granting the Variation Application would meet community expectations [s4(1)((b) LCR Act] and enhance customer convenience.[4]

1. The Variation Application included an email on behalf of the previous objectors discussed in paragraph 4 above confirming that there would be no objection by them to the proposed new commencement of trade condition on the Licence from 10am to 9am for Monday to Saturday.
2. The Chief Commissioner of Police (Victoria Police) also advised the Commission on 24 August 2025 that Victoria Police did not object to the Variation Application.
3. The Commission is also assured from the Applicant's statement of display, dated 21 September 2025, and the copy of the newspaper advertisement, dated 9 September 2025, that the Variation Application was displayed and advertised in accordance with the LCR Act. No objections were received by the Commission.
4. Like with the Commission's previous published decision, it is fitting that the Commission determine this Variation Application as an uncontested application under section 44 and have regard to the objects of the LCR Act in section 4.[5]
5. While this Variation Application could be determined by a delegate authorised to act on behalf of the Commission, given the background that is set out in the previous published decision, in which a single commissioner determined that application, it is appropriate that this Variation Application is also determined by a single commissioner.

1. The Commission has considered all of the material before it including:

(a) the Variation Application, dated 17 July 2025;

(b) the proposed updated Premises Management Plan, dated 19 August 2025;

(c) confirmation of no objection by Victoria Police to the Variation Application, dated 25 August 2025;

(d) confirmation of no objection by the registered service manager at CCCGI, dated 7 July 2025, and further confirmation, dated 2 October 2025;

(e) statement of display, dated 21 September 2025; and

(f) newspaper advertisement, dated 9 September 2025.

1. As noted above, the Applicant is seeking by way of this Variation Application for the Commission to allow it to amend the commencement of trade condition on the Licence from 10am to 9am for Monday to Saturday and the registered service manager at CCCGI and Victoria Police have not objected to this Variation Application.
2. The Commission considers that, informed by the objects of the LCR Act in section 4, there are no grounds under section 44(2) to refuse this Variation Application.
3. The proposed earlier commencement of trade time by one hour (being 10am to 9am for Monday to Saturday) is not excessive. It is also, and in any event, consistent with the commencement of trade time in the defined ordinary trading hours for packaged liquor licences in section 3.
4. Given that there have been no concerns in any of the material before the Commission regarding the Licensee's operations at the Premises and given that all other conditions on the Licence would remain unchanged, the Commission is overall satisfied that it would be appropriate in the circumstances to grant this Variation Application and vary licence no. 36156914 as set out in Appendix A regarding trading hours.

1. The Commission has determined to grant the Variation Application and vary licence no. 36156914 as set out in Appendix A regarding trading hours.

The preceding 15 paragraphs are a true copy of the Reasons for Decision of Mr John Larkins (Chair).

Any reference to the Liquor Regulator below is a reference to the Victorian Liquor Commission, or any successor statutory office, body or officer however named, under the Liquor Control Reform Act 1998 (LCR Act) or successor legislation, that has powers and carries out regulatory functions equivalent to the Victorian Liquor Commission.

This licence is a packaged liquor licence and authorises the licensee to supply liquor in sealed containers, bottles or cans on the licensed premises for consumption off the licensed premises during the trading hours specified below.

The licensee must take all reasonable steps to conduct and supervise all aspects of the management of the premises in accordance with the Premises Management Plan provided to the Liquor Regulator, as amended from time to time to the satisfaction of Liquor Regulator. Notice of any intention to amend the Premises Management Plan must be given to the operator of Corpus Christi Community Greenvale and the Roman Catholic Trusts Corporation.

The Premises Management Plan must be retained on the licensed premises in the possession of the licensee, nominee or other person in charge. The Premises Management Plan must be available to an authorised member of Victoria Police or a Liquor Inspector if requested.

The licensee must participate in the Greenvale Liquor Accord as approved by a Victoria Police Licensing Inspector, which will include the operator of Corpus Christi Community Greenvale as a member.

A community mobile phone hotline must be provided and maintained 24 hours 7 days a week to allow for direct communication by the public with the licensee. This contact number must be given to the operator of Corpus Christi Community Greenvale.

The licensee must install and maintain a surveillance recording system that is able to clearly identify individuals, display time and date, and provide continuous images of all areas where patrons are permitted, including entrances and exits. The position of the cameras must be to the satisfaction of the Licensing Inspector or a Liquor Inspector (as the case may be). The surveillance recording system must operate at all times the venue is open. A copy of the recorded images must be retained for at least one month and must be available upon request for immediate viewing and/or removal by Victoria Police or the Liquor Regulator.

Written notice of any application to transfer this licence must be given in writing personally or by post to the operator of Corpus Christi Community Greenvale.

Between the hours of 9pm and closure of the premises, patrons must only enter and exit the licensed premises directly via the shopping centre entry from the southern car park located at the west corner of the adjacent supermarket as marked on the shopping centre floor plan provided to the Liquor Regulator.

No Deliveries of Liquor to Corpus Christi Community Greenvale

Liquor must not be delivered to Corpus Christi Community Greenvale

If the licensee is notified and provided identification details of any Corpus Christi Community Greenvale members who agree to prohibit themselves from liquor purchase, the licensee must not serve such members liquor. If such members present on the licensed premises, staff must record this in an Incident Register and must promptly notify and provide this information to management of the operator of Corpus Christi Community Greenvale.

The licensee must maintain a register containing details of any complaints made in relation to its operations on the licensed premises.

[1] Camberwell Developments Pty Ltd at Bottlemart at Greenvale [2023] VicLiqComm 14; (1 December 2023).

[2] All references to legislation are references to the LCR Act unless stated otherwise.

[3] Camberwell Developments Pty Ltd at Bottlemart at Greenvale [2023] VicLiqComm 14; (1 December 2023). Pursuant to section 3(1), an uncontested application is defined as "an application for the grant, variation, transfer or relocation of a licence or BYO permit in respect of which no objection is received under Division 5 of Part 2 within the period set out in that Division for that objection (or that period as extended under section 174)".

[4] The Victorian Court of Appeal addressed the concept of "harm minimisation" in section 4 of the LCR Act in Kordister Pty Ltd v Director of Liquor Licensing [2012] VSCA 325; (2012) 39 VR 92. Warren CJ and Osborn JA endorsed the observation of Ipp J of the Supreme Court of Western Australia in considering the harm minimisation object in liquor licensing legislation in that State, that the relevant object is "to 'minimize' harm or ill-health, not to prevent harm or ill-health absolutely" (Executive Director of Health v Lily Creek International Pty Ltd [2000] WASCA 258; (2000) 22 WAR 510 at 515). The Court elaborated in Kordister at [17]- [18]):

... [T]he objectives recognise that the manner of supply and consumption of liquor may positively contribute to the amenity of community life and may encourage a culture of responsible consumption of alcohol. It follows that the notion of harm minimisation is not simply one of limiting the supply of alcohol. Rather, it is concerned with regulating supply of alcohol so as to ensure, as far as practicable, net community benefit.

... Ultimately, the tribunal was required to balance each of the objects and arrive at an appropriate synthesis in the particular circumstances of the case by the way of a discretionary judgment.

[5] See footnote 3 above as to definition of "uncontested application" in section 3.