Liquor Control Reform Regulations 2023

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to prescribe substances for the purposes of the definition of liquor in section 3(1) of the Act; and

(b) to prescribe types of liquor that butchers may supply for the purposes of section 6D(1)(c) of the Act; and

(c) to prescribe—

(i) the particulars that are to be included in an application for the grant, variation, transfer or relocation of a licence or BYO permit; and

(ii) the information that is to accompany an application for the grant, variation, transfer or relocation of a licence or BYO permit; and

(iii) fees payable under the Act; and

(iv) variations of licences and BYO permits that are not required to comply with the requirements set out in sections 33, 34 and 35 of the Act unless required by the Commission; and

(v) conditions that apply in relation to live music events that are held at licensed premises or authorised premises and at which a person under the age of 18 may be present; and

(d) to establish minimum standards for security cameras; and

(e) to prescribe closure and evacuation notice requirements; and

(f) to prescribe barring order requirements; and

(g) to prescribe criteria for the purposes of section 22(2A) of the Act.

2 Authorising provision

These Regulations are made under section 180 of the Liquor Control Reform Act 1998.

3 Commencement

These Regulations come into operation on 29 July 2023.

4 Revocations

The following Regulations are revoked—

(a) the Liquor Control Reform Interim Regulations 2022[1];

(b) the Liquor Control Reform Amendment Regulations 2022[2].

5 Definitions

In these Regulations—

crowd controller has the same meaning as in the Private Security Act 2004;

demerit point means a point recorded in the Register against a licence or permit under Part 4A of the Act;

five star rating scheme means the administrative system established for the purposes of recording demerit points, calculating renewal fees and publishing star ratings based on the compliance history of a licensee or permittee;

function room means an area of a licensed premises specified on a licence to be a function room set aside at all times for the exclusive use of persons who have booked a function to be held in that area and which is attended only by those persons or their guests;

identification, in relation to an image of a person, means an image that is of sufficient clarity to enable the person's identity to be established with a high degree of certainty;

licensed crowd controller means a person who holds, under the Private Security Act 2004, a private security individual operator licence that authorises that person to act as a crowd controller;

non‑compliance history period means the period from 1 October 4 years preceding the year in respect of which the renewal fee is payable until 30 September 2 years preceding the year in respect of which the renewal fee is payable;

open format means a published specification for storing digital data that is free of legal restrictions on its use and able to be implemented by both proprietary and free or open source software (such as a bitmap, jpg or tiff file);

proprietary format means a file format that is covered by a patent or copyright and is able to be implemented only by proprietary software;

relevant period means the period from 1 October in the year 2 years preceding the year in respect of which the renewal fee is payable to 30 September in the year preceding the year in respect of which the renewal fee is payable;

risk criteria means the factors taken into account when calculating a risk fee in accordance with regulation 26, 27, 28, 29, 30 or 31 (as the case requires);

regional or remote area means a locality specified in Column 1 of Schedule 6 with the corresponding postcode specified in Column 2 in relation to that locality;

stored images means the electronic files exported from a digital video recorder to a storage device;

the Act means the Liquor Control Reform Act 1998;

venue capacity, in relation to a licensed premises, means the venue capacity of the licensed premises as calculated in accordance with regulation 21 or 22;

video recorder means a digital video recorder that records video images from a security camera.

Part 2—Prescribed substances

6 Prescribed substances for the purposes of the definition of *liquor*

For the purposes of the definition of liquor in section 3(1) of the Act, the following are prescribed substances—

(a) an alcohol‑based food essence supplied by retail that is packaged—

(i) in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity; or

(ii) in any other case—in a container of more than 50 millilitres capacity;

(b) a food preparation that is intended for consumption in a frozen form;

(c) vapour that would, as a liquid, be a beverage considered liquor for the purposes of the Act;

(d) a dry, soluble, concentrated substance, including powders, crystals, capsules or tablets, that is designed for retail supply and that would, when mixed with liquid, be considered liquor for the purposes of the Act.

Part 3—Prescribed liquor

7 Prescribed types of liquor that butchers may supply

For the purposes of section 6D(1)(c) of the Act, the following are prescribed types of liquor—

(a) any type of beer;

(b) any type of wine;

(c) any type of cider;

(d) any type of mead.

Part 4—Security cameras

8 Standards for security cameras and video recorders

(1) For the purposes of section 18B of the Act, security cameras on licensed premises must record continuously at a minimum rate of 8 frames per second.

(2) For the purposes of section 18B of the Act, a video recorder on licensed premises must record at least 8 images per second for each security camera connected to the video recorder.

9 Standards for quality of stored images

For the purposes of section 18B of the Act, stored images exported from a video recorder must—

(a) display the correct time and date stamp of the security camera; and

(b) identify the security camera number or the location of the camera; and

(c) in the case of any still image exported from a video recorder on the licensed premises, be of adequate quality and detail to enable identification of a person; and

(d) be in an open format whether or not the recorder can produce exported images in a proprietary format.

Part 5—Prescribed criteria

10 Criteria for determining whether an area is a tourist area

For the purposes of section 22(2A)(a) of the Act, the prescribed criteria that the Commission must have regard to when determining whether an area is a tourist area are—

(a) the remoteness of the area; and

(b) whether any government publications or websites suggest that the area is considered to be a tourist area; and

(c) whether there are any tourist attractions located in the area; and

(d) whether there are any strategic plans in place relating to tourism for the region in which the area is located.

11 Criteria for determining whether an area has special needs

For the purposes of section 22(2A)(b) of the Act, the prescribed criteria that the Commission must have regard to when determining whether an area has special needs is whether a natural disaster or other significant event has occurred in the area which has affected the ability of existing licensed premises in the area to supply liquor.

12 Criteria for assessing the adequacy of existing facilities or arrangements

For the purposes of section 22(2A)(c) of the Act, the prescribed criteria that the Commission must have regard to when determining whether there are adequate existing facilities or arrangements for the supply of liquor in an area are—

(a) the number of existing licences in the area; and

(b) the category of those licences; and

(c) the form of supply permitted under those licences.

Part 6—Particulars and information for applications

13 Particulars for application for licence or BYO permit

(1) For the purposes of section 28(1)(b) of the Act, the prescribed particulars are—

(b) the date of birth—

(i) of the applicant; or

(ii) if the applicant is a body corporate—of each director of the body corporate; or

(iii) if the applicant is a member of the committee of management of an unincorporated club applying on behalf of the club—of each member of the committee of management of the club; or

(iv) if the applicant is a member of a partnership applying on behalf of the partnership—of each member of the partnership; and

(c) the applicant's address for service of documents; and

(d) a telephone number on which the applicant or their representative can be contacted during business hours; and

(e) the address of the premises or proposed premises in respect of which the licence or permit is sought; and

(f) the name and address—

(ii) if the applicant is a member of the committee of management of an unincorporated club applying on behalf of the club—of each member of the committee of management of the club; or

(iii) if the applicant is a member of a partnership applying on behalf of the partnership—of each member of the partnership; and

(g) a description of the nature and scope of the business to be conducted under the licence or BYO permit; and

(h) any conditions sought in relation to the licence or BYO permit including, if applicable, the times sought outside ordinary trading hours during which the applicant wishes to supply liquor; and

(i) in the case of an application for a BYO permit—the hours for which the applicant wishes the permit to apply; and

(j) whether the premises or proposed premises in respect of which the licence is sought is a large packaged liquor outlet within the meaning of section 27AA of the Act; and

(k) if the application relates to a licence that authorises the supply of liquor by off‑premises request, whether the applicant will be supplying liquor by off‑premises request.

(2) Subregulation (1)(e) does not apply to an application for a pre‑retail licence.

14 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 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 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—a declaration by the applicant that the applicant has a right to occupy the premises.

(2) This regulation does not apply to an application for a limited licence or a pre‑retail licence.

15 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 are—

(b) the applicant's address for service of documents; and

(c) a telephone number on which the applicant or their representative can be contacted during business hours; and

(d) the address of the licensed premises; and

(e) the name and address—

(ii) if the applicant is a member of the committee of management of an unincorporated club applying on behalf of the club—of each member of the committee of management of the club; or

(iii) if the applicant is a member of a partnership applying on behalf of the partnership—of each member of the partnership; and

(f) the details of the variation sought; and

(g) the licence or permit number; and

(h) whether the variation sought would result in the licence applying to a large packaged liquor outlet within the meaning of section 27AA of the Act; and

(i) if the application is for a variation of the category of licence held by the licensee and the proposed licence category authorises the supply of liquor by off‑premises request, whether the applicant will be supplying liquor by off‑premises request.

(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 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 are the particulars referred to in subregulation (1) as if a reference in that subregulation to the applicant were a reference to the transferee of the licence or permit.

16 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, the prescribed information that must accompany an application for a variation of the size or perimeter of the licensed premises under section 29(2)(b) of the Act is—

(a) an accurate depiction of the premises or proposed premises to which the application relates showing the proposed size or perimeter 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 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 a licensed premises in accordance with the authority of the relevant licence or BYO permit.

17 Particulars for application for relocation of licence or BYO permit

For the purposes of section 31(2)(b) of the Act, the prescribed particulars are—

(b) the applicant's address for service of documents; and

(c) a telephone number on which the applicant or their representative can be contacted during business hours; and

(d) the name and address—

(ii) if the applicant is a member of the committee of management of an unincorporated club applying on behalf of the club—of each member of the committee of management of the club; or

(iii) if the applicant is a member of a partnership applying on behalf of the partnership—of each member of the partnership; and

(e) the current address of the licensed premises and the address of the premises to which it is proposed that the licence or BYO permit be relocated; and

(f) the licence or permit number.

18 Information to accompany application for relocation of licence or BYO permit

(1) For the purposes of section 31(2)(c)(i) of the Act, the prescribed information is the information referred to in regulation 14(1).

(2) This regulation does not apply to an application for a limited licence or a pre‑retail licence.

19 Particulars for application for transfer of licence or BYO permit

For the purposes of section 32(2)(b) of the Act, the prescribed particulars are—

(a) the transferee's name; and

(b) the date of birth—

(i) of the transferee; or

(ii) if the transferee is a body corporate—of each director of the body corporate; or

(iii) if the transferee is a member of the committee of management of an unincorporated club applying on behalf of the club—of each member of the committee of management of the club; or

(iv) if the transferee is a member of a partnership applying on behalf of the partnership—of each member of the partnership; and

(c) the transferee's address for service of documents; and

(d) a telephone number on which the transferee or their representative can be contacted during business hours; and

(e) the name and address—

(i) if the transferee is a body corporate—of each director of the body corporate; or

(ii) if the transferee is an unincorporated club—of each member of the committee of management of the club; or

(iii) if the transferee is a partnership—of each member of the partnership; and

(f) the address of the licensed premises; and

(g) the licence or permit number.

20 Information to accompany application for transfer of licence or BYO permit

For the purposes of section 32(2)(c)(i) of the Act, in the case that—

(a) the proposed transferee is not the owner of the licensed premises; and

(b) the transfer is to take effect in accordance with section 50B(a) of the Act—

the prescribed information is a declaration by the proposed transferee that the proposed transferee has the right to occupy the premises.

Part 7—Fees

21 Venue capacity

(1) This regulation applies subject to regulation 22.

(2) If a maximum capacity is specified on a licence, the venue capacity of the licensed premises is—

(a) if a maximum capacity is specified in respect of the total area of the licensed premises, that maximum capacity; or

(b) if a maximum capacity is specified in respect of more than one area of the licensed premises but no total maximum capacity for the licensed premises is specified, the sum of those maximum capacities; or

(c) if a different total maximum capacity (as calculated under paragraph (a) or (b) (as the case requires)) may apply depending on the time of day, the greatest total maximum capacity as calculated under paragraph (a) or (b) (as the case requires) at any time after 11 p.m. on any particular day and before the commencement of ordinary trading hours on the following day—

minus the maximum capacity for any area of the licensed premises used to provide accommodation as specified on the licence (if applicable).

(3) If no maximum capacity is specified on a licence, the venue capacity of the licensed premises is the lesser of—

(a) the maximum number of patrons specified for the licensed premises in any permit granted in accordance with the Planning and Environment Act 1987 which has been given to the Commission; and

(b) the maximum number of people to be accommodated within the licensed premises specified in any occupancy permit issued in accordance with the Building Act 1993 which has been given to the Commission.

(4) If neither subregulation (2) nor (3) applies, the venue capacity of the licensed premises is the maximum capacity as determined by the Commission by calculating the number of people that may be accommodated on the licensed premises and (if relevant) the authorised premises based on a ratio of one patron per 0·75 square metres for the area available to, as the case requires—

(a) members of the public; or

(b) in relation to a club licence, members of the club and guests of members of the club and authorised gaming visitors—

for on‑premises consumption.

22 Venue capacity where function room exists

(1) This regulation applies if—

(a) a function room exists within the licensed premises; and

(b) the licence does not authorise the supply of liquor in the function room between 1 a.m. on any particular day and the commencement of ordinary trading hours on that day; and

(c) no non‑compliance incidents relate to the licence in the relevant period.

(2) If a maximum capacity for the function room is specified on a licence, the venue capacity of the licensed premises is the venue capacity of the licensed premises calculated in accordance with regulation 21(2), (3) or (4) (as the case requires) minus the maximum capacity for the function room specified on the licence.

23 Fees for licence and BYO permit—general

(1) The prescribed fees (other than renewal fees) for the purposes of the Act are the fees set out in Schedule 1.

(2) The prescribed fee referred to in the provision of the Act set out in Column 1 of Table A in Schedule 1 and described in Column 2 of that Table is the amount set out in Column 3 opposite that description.

24 Renewal fees—general

(1) For the purposes of sections 59, 60(2)(c) and 62(2)(c) of the Act, the renewal fee for a licence or BYO permit is calculated in accordance with the following formula—

where—

base fee is the base fee that applies to the licence under regulation 25;

risk fee is the total risk fee, calculated under regulations 26 to 31 for each risk criteria that applies to the licence.

(2) This regulation does not apply to the following licences—

(a) a temporary limited licence;

(b) a major event licence;

(c) a licence on which a condition is specified in relation to the provision of sexually explicit entertainment.

Notes

1 See section 15E of the Act in relation to renewal fees for a licence that is subject to a condition relating to the provision of sexually explicit entertainment.

2 A temporary limited licence or a major event licence is not renewable under the Act.

25 Base fees

(1) The base fee for the following licences is 11⸱34 fee units—

(a) a pre‑retail licence;

(b) a restricted club licence.

(2) The base fee for the following licences and BYO permits is 22⸱68 fee units—

(a) a full club licence;

(b) a restaurant and cafe licence;

(c) a remote seller's packaged liquor licence;

(d) a renewable limited licence;

(e) a producer's licence;

(f) a BYO permit.

(3) The base fee for a general licence with a licensed premises located in a regional or remote area is 38⸱44 fee units.

(4) The base fee for the following licences is 76⸱87 fee units—

(c) a general licence (other than a general licence referred to in subregulation (3));

(d) an on‑premises licence.

(5) The base fee for the following licences is 153⸱74 fee units—

(a) a late night (packaged liquor) licence;

(b) a packaged liquor licence.

26 Risk fee—late night trading

(1) This regulation applies to any of the following licences that authorises the licensee to supply liquor during late night trading hours (except as provided for in section 11A(2)(b) or (c) of the Act)—

(c) a restaurant and cafe licence.

(2) The risk fee for late night trading hours is—

(a) if the licence is a restaurant and cafe licence that authorises the licensee to supply liquor after 1 a.m. on any particular day, 206⸱27 fee units; or

(b) if the licence (other than a licence referred to in paragraph (a)) authorises the licensee to supply liquor after 1 a.m. on any particular day but not after 3 a.m. on that day, 455⸱20 fee units; or

(c) if the licence (other than a licence referred to in paragraph (a)) authorises the licensee to supply liquor after 1 a.m. on any particular day and before 7 a.m. on that day, 871⸱48 fee units.

27 Risk fee—non‑standard trading hours for packaged liquor licences, late night (packaged liquor) licences and remote seller's packaged liquor licences

(1) This regulation applies to any of the following licences that authorises the licensee to supply liquor outside ordinary trading hours (other than on Christmas Day or Good Friday)—

(a) a packaged liquor licence;

(b) a late night packaged liquor licence;

(c) a remote seller's packaged liquor licence.

(2) The risk fee for trading outside ordinary trading hours is 673⸱64 fee units.

28 Risk fee—non‑compliance in relevant period

(1) This regulation applies to a licence or BYO permit if one or more non‑compliance incidents have occurred in respect of the licensed premises in the relevant period.

(2) The risk fee for non‑compliance incidents in the relevant period is—

(a) if there are one or two non‑compliance incidents that relate to the licence or permit in the relevant period, 750⸱12 fee units; or

(b) if there are 3 or more non‑compliance incidents that relate to the licence or permit in the relevant period, 1500⸱25 fee units.

(3) For the purposes of subregulations (1) and (2), a non‑compliance incident does not include a non‑compliance incident to which a demerit point relates if that demerit point has been removed from the Register under section 86HA or 86I of the Act.

29 Risk fee—non‑compliance history

(1) This regulation applies to a licence or BYO permit if one or more non‑compliance incidents occurred in respect of the licensed premises in the non‑compliance history period.

(2) The risk fee for non‑compliance incidents in the non‑compliance history period is 375⸱06 fee units.

(3) For the purposes of subregulations (1) and (2), a non‑compliance incident does not include a non‑compliance incident to which a demerit point relates if that demerit point has been removed from the Register under section 86HA or 86I of the Act.

30 Risk fee—floor space

(1) This regulation applies to the following licences—

(a) a late night (packaged liquor) licence, packaged liquor licence or remote seller's licence if the licenced premises has a floor space greater than 750 square metres;

(b) a producer's licence if the licensed premises has a floor space greater than 150 square metres.

(2) The risk fee for floor space is—

(a) in relation to a licence referred to in subregulation (1)(a), 630⸱10 fee units; or

(b) in relation to a licence referred to in subregulation (1)(b), 26⸱53 fee units.

31 Risk fee—venue capacity

(1) This regulation applies to the following licences—

(c) a general licence;

(d) an on‑premises licence;

(e) a restaurant and cafe licence in respect of which one or more of the risk criteria in regulation 26, 28 or 29 apply;

(f) a full club licence in respect of which one or more of the risk criteria in regulation 28 or 29 apply;

(g) a restricted club licence in respect of which one or more of the risk criteria in regulation 28 or 29 apply.

(2) The risk fee for a licensed premises with a venue capacity of—

(a) more than 200 and not more than 400 patrons, is 71⸱08 fee units; or

(b) more than 400 patrons and not more than 800 patrons, is 160⸱89 fee units; or

(c) more than 800 and not more than 1 000 patrons, is 500⸱00 fee units unless subregulation (3) applies; or

(d) more than 1 000 patrons, is 1 258⸱00 fee units unless subregulation (3) applies.

(3) A risk fee is not payable under subregulation (2)(c) or (d) in respect of the following types of venues—

(a) a venue (other than a nightclub) where live music events are regularly held for patrons present at the venue;

(b) a venue listed in Schedule 5 where the supply of liquor is ancillary to the primary activity engaged in at the venue;

(c) a venue where accommodation for residents is provided;

(d) a venue on the campus of a university or a TAFE institute or in respect of which a university or a TAFE institute is the licensee;

(e) a food truck park;

(f) a venue primarily used to host private functions, conventions or conferences—

but the risk fee payable in respect of those types of venues which have a venue capacity referred to in subregulation (2)(c) or (d) is 160⸱89 fee units.

32 Renewal fees—five star rating scheme

If a five star rating scheme is in operation, the renewal fee for a licence or BYO permit payable by a licensee or permittee under this Part must be reduced—

(a) by 5% if no non‑compliance incidents have been related to the licence or BYO permit for a period of 2 consecutive relevant periods; or

(b) by 10% if no non‑compliance incidents have been related to the licence or BYO permit for a period of 3 consecutive relevant periods.

33 Waiver or reduction of fees

(1) Subject to subregulation (3), the Commission may waive or reduce a prescribed fee or renewal fee payable by an applicant, licensee or permittee if the Commission is satisfied that it is appropriate to do so, having considered the matters specified in subregulation (2).

(2) In making a decision under subregulation (1), the Commission may consider the following—

(a) the applicant's, licensee's or permittee's compliance history (if any);

(b) the geographical location of the licensed premises or proposed premises;

(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;

(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 Commission considers relevant to the risk of harm.

(3) The Commission must not waive or reduce a fee under this regulation unless—

(a) a demerit point accrued in respect of the licence or BYO permit for any non‑compliance incident that relates to the licence or BYO permit in the relevant period has been removed from the Register under section 86HA or 86I of the Act; or

(b) there are no non‑compliance incidents that relate to the licence or BYO permit in the relevant period.

(4) Despite subregulation (3), the Commission may waive or reduce a prescribed fee or renewal fee payable by an applicant, licensee or permittee in accordance with subregulations (1) and (2)—

(a) during a state of emergency; or

(b) when a pandemic declaration is in force.

Part 8—Prescribed variations

34 Prescribed variations

(1) For the purposes of sections 33, 34 and 35 of the Act, the following variations are prescribed variations—

(a) a variation to reduce authorised trading hours;

(b) a variation to reduce the maximum capacity of a licensed premises;

(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 approved responsible service of alcohol programs by staff;

(d) a variation to remove the condition from a producer's licence that authorises the supply of liquor that is the licensee's product at promotional events that are conducted off the licensed premises;

(e) a variation of the category of licence held by the licensee to a producer's licence.

(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.

Part 9—Notices

35 Notice of right to use premises as licensed premises

For the purposes of section 50A(2) of the Act, the prescribed form is Form 1 in Schedule 2.

36 Notice of right to occupy

For the purposes of section 50C(2) of the Act, the prescribed form is Form 2 in Schedule 2.

Part 10—Prescribed barring order requirements

37 Prescribed barring order and variation form

For the purposes of sections 106F and 106I(6) of the Act, the prescribed form for—

(a) a barring order issued under section 106D of the Act; and

(b) a notice of variation of a barring order issued by a licensee, permittee, responsible person or police officer under section 106I(1) of the Act—

is Form 1 in Schedule 3.

38 Prescribed variation form for Commission

For the purposes of section 106I(6) of the Act, the prescribed form for a notice of variation of a barring order issued by the Commission under section 106I(2) of the Act is Form 2 in Schedule 3.

39 Prescribed particulars for notice of revocation

For the purposes of section 106I(7) of the Act, the prescribed particulars for a notice of revocation are—

(a) the name and address (if known) of the person the subject of the barring order; and

(b) the name, address and liquor licence number of the licensed premises to which the barring order applies; and

(c) the barring order reference number; and

(d) the date the barring order commenced; and

(e) a statement that the barring order is revoked; and

(f) the date and time at which the barring order is revoked; and

(g) the name, title, Victoria Police registered number (if applicable) and signature of the person revoking the barring order.

Part 11—Prescribed conditions for the attendance of minors at live music events

40 Prescribed conditions

For the purposes of section 120(2)(ba) of the Act, each regulation in this Part (except this regulation) is a prescribed condition.

41 Telephone facilities for minors

The licensee or permittee must provide, in the performance area or in an area adjoining the performance area, telephone facilities that are—

(a) readily accessible to the minors who are attending the live music event; and

(b) available for use by those minors free of charge.

42 Event must finish by 11 p.m.

The licensee or permittee must ensure that the live music event finishes before 11 p.m.

43 Minors under 12 must be accompanied by an adult

The licensee or permittee must take all reasonable steps to ensure that a person under the age of 12 years who attends the live music event is accompanied by a responsible adult at all times.

44 Advertisements must include start and finish times

The licensee or permittee must not publish an advertisement for the live music event that does not include start and finish times for the event.

45 Licensed crowd controllers

(1) The licensee or permittee must, in accordance with this regulation, ensure that at least the minimum number of licensed crowd controllers attend the live music event for the purpose of acting as crowd controllers for the event.

(2) The minimum number of licensed crowd controllers for the purposes of subregulation (1) is—

(a) 2 licensed crowd controllers; and

(b) if the live music event is attended by more than 100 persons, one additional licensed crowd controller for every additional 100 persons attending the event.

(3) The licensee or permittee must ensure that at least one of the licensed crowd controllers is female.

46 No readmission

(1) The licensee or permittee must ensure that a person who leaves the performance area while the live music event is being held (except by entering an area specified in subregulation (2)) does not re‑enter the performance area while the event is being held.

(2) The following areas are specified for the purposes of subregulation (1)—

(a) an area that adjoins the performance area and contains toilet and hand washing facilities;

(b) an area that adjoins the performance area and contains telephone facilities provided in accordance with regulation 41.

Part 12—Prescribed closure and evacuation notice requirements

47 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 Commission is Form 1 in Schedule 4.

48 Prescribed particulars for sign

For the purposes of section 148ZL(2) of the Act, the prescribed particulars are the following—

(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.

49 Prescribed revocation notice

For the purposes of section 148ZP(4) of the Act, the prescribed form is Form 2 in Schedule 4.

Schedule 1—Fees

Regulation 23

Table A—Fees for licence and BYO permit related applications

Schedule 2—Notices of right to use or occupy premises

(Section 50A)

Regulation 35

NOTICE OF RIGHT TO USE PREMISES

In accordance with section 50A of the Liquor Control Reform Act 1998, I provide notice that the licensee or permittee specified in this notice has gained the legal right to use the premises as licensed premises.

I attach as evidence of this right:

[Tick relevant box and attach document]

 a copy of the planning permit from the local council (or responsible planning authority); or

 a copy of a letter from the local council (or responsible planning authority) stating that a planning permit is not required.

SPECIFIED LICENSEE OR PERMITTEE

Licence or BYO permit number:

Licensee or permittee name:

Premises name:

SIGNATURE OF LICENSEE OR PERMITTEE GIVING THIS NOTICE

Who must sign this notice?

If the licensee or permittee is:

 a natural person: that person

 a company: one director of the company

 a partnership: one partner

 a club: one committee member

Name of licensee or permittee giving this notice:

Signature of licensee or permittee giving this notice:

Date:

(Section 50C)

Regulation 36

NOTICE OF RIGHT TO OCCUPY PREMISES

In accordance with section 50C of the Liquor Control Reform Act 1998, I provide notice that the transferee specified in this notice has gained the legal right to occupy the licensed premises.

DETAILS OF RIGHT TO OCCUPY

Address of premises where right to occupy is held:

Date of settlement:

The right to occupy the premises is by:

 Freehold ownership of the property

Name the certificate of title is held in:

 Lease of premises

Name of the tenant on the lease:

 Other legal right to occupy the premises: [specify]

Name on the agreement or other document providing legal right to occupy:

SPECIFIED TRANSFEREE

Licence or BYO permit number:

Transferee name:

Premises name:

SIGNATURE OF TRANSFEREE

Who must sign this notice?

If the transferee is:

 a natural person: that person

 a company: one director of the company

 a partnership: one partner

 a club: one committee member

Name of transferee giving this notice:

Signature of transferee giving this notice:

Date:

Schedule 3—Forms for barring orders

(Section 106D or 106I)

Regulation 37

Barring Order

This barring order is *issued/*varied by the *licensee/*permittee/
*responsible person/*police officer under section *106D/*106I of the Liquor Control Reform Act 1998.

Type of order—*barring order/*notice of variation of a barring order

Name of barred person:

Address of barred person (if known):

Date of birth of barred person (if known):

Trading name of licensed premises:

Liquor licence number:

Name of *licensee/*permittee/*responsible person/*police officer:

*Victoria Police registered number (if applicable):

Barring order reference number:

Commencement date and time:

Expiry date and time:

*This order has been issued because the person being barred is drunk, violent or quarrelsome in the licensed premises/the person issuing the order reasonably believes the safety of the person being barred, or any other person in the licensed premises, is at substantial or immediate risk as a result of that person's consumption of alcohol. (This paragraph is only applicable to a barring order issued under section 106D of the Liquor Control Reform Act 1998. It is not applicable to a notice of variation issued under section 106I of that Act. Delete paragraph if inapplicable). The following is a brief description of *the particulars of the circumstances giving rise to the issue of the order/*the nature of the variation—

[specify reasons for issuing barring order or nature of the variation]

Offences

If you have been served with this barring order, it is an offence for you to—

● enter or remain on the licensed premises without a reasonable excuse; or

● re‑enter or remain in the vicinity of the licensed premises without a reasonable excuse for the duration of the order.

The vicinity of a licensed premises means a public place that is within 20 metres of the licensed premises.

These offences carry a maximum fine of 20 penalty units.

Order issued by [insert name and signature of licensee, permittee, responsible person or police officer]

This order was issued on [insert date].

Regulation 38

(Section 106I(2))

Notice of Variation of Barring Order

I, [insert name of commissioner or other authorised delegate], *delegate of the Victorian Liquor Commission established under the Liquor Control Reform Act 1998, am empowered under section 106I(2) of the Liquor Control Reform Act 1998 to vary a barring order.

1 I hereby order the following variation(s*) to barring order reference number [insert barring order reference number] (Barring Order) issued to [insert name of barred person] of [insert barred person's address] in respect of [insert name of licensed premises] at [insert address of licensed premises], liquor licence number [insert liquor licence number]—

[specify variation(s) to barring order].

2 The remaining details in the Barring Order are not affected by this notice and will remain in force for the duration of the Barring Order, unless otherwise amended.

Notice issued by [insert name of commissioner/other authorised delegate, title of commissioner/delegate, signature of commissioner/delegate]

Date: [insert date]

Time: [insert time]

Schedule 4—Forms for closure and evacuation notices

Regulation 47

(Section 148ZD)

Closure and Evacuation Notice

This notice is issued by the Victorian Liquor Commission under section 148ZD of the Liquor Control Reform Act 1998.

Name 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 Victorian Liquor Commission that, having regard to the factors in section 148ZC(2) of the Liquor Control Reform Act 1998, the fire safety inspector 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, the work has been inspected by the fire safety officer and the Victorian Liquor Commission has revoked this notice.

You are required to carry out the following works:

[specify details of the rectification work]

The fire safety inspector may provide a subsequent notice issued by the Victorian Liquor Commission 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 be a responsible person]

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]

Commissioner or authorised delegate [**insert name of commissioner/other authorised delegate issuing notice]

Reinspection

The *licensee/*permittee of the licensed premises must notify the Victorian Liquor Commission 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 Victorian Liquor Commission may revoke this notice under section 148ZP of the Liquor Control Reform Act 1998 when the fire safety inspector has advised the Victorian Liquor Commission that the work required to rectify the serious fire threat has been satisfactorily completed.

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.

Regulation 49

(Section 148ZP)

Notice of Revocation of Closure and Evacuation Notice

This notice is issued by the Victorian Liquor Commission under section 148ZP of the Liquor Control Reform Act 1998.

Name of licensed premises:

Name of *licensee/*permittee:

The above licensed premises has previously been issued with a closure and evacuation notice.

The Victorian Liquor Commission 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 be a responsible person]

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]

Commissioner or authorised delegate [*insert name of *commissioner/**other authorised delegate issuing notice]

This notice has effect on service.

Schedule 5—Venues where activity is ancillary to supply of liquor

Regulation 31(3)(b)

1. cinema or theatre

2. golf club

3. venue where pool or similar games are played

4. ice skating rink

5. aquarium

6. bowling alley

7. venue where indoor sport is played

8. museum or art gallery

9. sports stadium

10. zoological park

11. electronic video gaming venue

Schedule 6—Regional and remote areas

Regulations 5 and 25(3)

═════════════

Endnotes

1 General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Liquor Control Reform Regulations 2023, S.R. No. 76/2023 were made on 25 July 2023 by the Lieutenant-Governor, having assumed the administration of the government of the State under section 6B of the Constitution Act 1975, No. 8750/1975 with the advice of the Executive Council, under section 180 of the Liquor Control Reform Act 1998, No. 94/1998 and came into operation on 29 July 2023: regulation 3.

The Liquor Control Reform Regulations 2023 will sunset 10 years after the day of making on 25 July 2033 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).

• Examples, diagrams or notes

All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).

• Punctuation

All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).

• Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Liquor Control Reform Regulations 2023 by statutory rules, subordinate instruments and Acts.

3 Explanatory details

1. Reg. 4(a): S.R. No. 111/2022 as amended by S.R. No. 124/2022. ↑

2. Reg. 4(b): S.R. No. 124/2022.

——

Fee Units

These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.

The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.

The value of a fee unit for the financial year commencing 1 July 2023 is $15.90. The amount of the calculated fee may be rounded to the nearest 10 cents.

The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2023 is $192.31. The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑