LIQUOR LICENSING UPDATE

14/08/08

The Government’s ‘Alcohol Action Plan’ and the attitude of relevant decision makers is leading to increasingly conservative assessments in relation to liquor licensing. Notable recent developments include:

The imposition of the following measures in the City of Melbourne (including Docklands), City of Stonnington, City of Port Phillip and the City of Yarra:
- A three (3) month ‘trial’ 2:00am lock-out in. A total of 457 premises were affected with approximately 130 venues obtaining exemptions through a VCAT negotiation process. The Director’s application to contest 6 of the exemptions was refused by the Tribunal. The temporary lock-out expires on 02 September 2008. There has been no confirmation in relation to the imposition of any more permanent lock-out measures.
- The imposition of a freeze prohibiting the granting of liquor licenses with trading beyond 1:00am (except where exceptional circumstances can be demonstrated). This applies to both new licence applications and variation applications. This freeze expires on 01 May 2009.

Clients are reporting to us high incidence of inspections by not only Licensing Inspectors but by undercover members of the Director’s taskforce. Licensees should refresh their memory as to the conditions on their liquor licenses and ensure they have a copy of their red-line plan on the premises at all times.

Licensees contemplating opening new premises or undertaking alteration works to existing premises should note the following:
- Applications for new liquor licenses and planning permits as well as variations to planning permits and licenses are becoming increasingly difficult, with the control of off-site amenity impacts the critical issue to address, particularly in relation to outdoor areas.
- Pursuant to current policy, variation applications within the currently approved red line area may attract the requirement of a variation application.
- We strongly suggest that licensees contemplating opening new premises or undertaking variations to existing premises contact Bazzani Scully Brand to discuss the relevant implications and considerations and to determine the approvals required.

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