The Gambling and Liquor Legislation Amendment (Red Tape Reduction) Act 2014 (‘the Act’) came into effect on 14 May 2014.
The amendments which the Act made to the Gambling Regulation Act 2003 and Liquor Control Reform Act 1998 can be summarised as follows:

Gambling Regulation Act 2003

Two-Up on Anzac Day

The Act has removed the requirement for an RSL branch to obtain the authorisation of the Minister to conduct games of two-up on Anzac Day or at functions commemorating Anzac Day at Licensed Premises.

Liquor Control Reform Act 1998

New Definitions

The Act inserts new definitions for “cruise ship”, “hospital”, “live music event”, “residential care service”, “bed and breakfast business” and “ordinary trading hours”.

The effect of the new definitions for “cruise ship”, “hospital”, “residential care service” and “bed and breakfast business” is to exempt businesses which meet these expanded definitions from the operation of the Liquor Control Reform Act 1998 and the requirement to hold a Liquor Licence when supplying liquor.

Ordinary Trading Hours
The amendment to the definition of Ordinary Trading Hours is significant.

In the past, Licensees wishing to trade late on New Year’s Eve had to wait for a declaration from the VCGLR (previously the Director of Liquor Licensing) as to the Trading Hours that would be permitted for the period between 31 December and 1 January or alternatively, lodge an Application for a one-off Limited Licence to cover this period.

The new definition now automatically permits additional Trading Hours for on-premises consumption for the following types of Liquor Licences:

11.00pm 31 December – 1.00am 1 January

    • General
    • On-Premises
    • Late Night (On-Premises)
    • Full Club
    • BYO Permits

11.00pm 31 December – 3.00am 1 January

    •  Restaurant & Café
    • On-Premises (with Restaurant & Café Conditions)
    • Late Night (On-Premises) (with Restaurant & Café Conditions)

 

In addition to the above, a new Section 58(2)(ba) has been inserted to enable the VCGLR to further vary the Ordinary Trading Hours permitted during the period of 31 December to 1 January.

Exemptions from the operation of the Act

Bed and Breakfast businesses, Florists, Gift makers, Hairdressers and Butchers were already exempt from the operation of the Act.

However, the amended exemptions now provide for the following:

Bed and Breakfast Businesses

    • Removal of the requirement for an owner of the business to complete an approved RSA program;
    • Limit on the amount of the liquor that may be supplied to a customer of the business to not more than 750ml per occupied room/per day; and
    • Removal of the requirement for the business to notify the VCGLR prior to claiming the benefit of the exemption

Florists and Giftmakers; Hairdressers; and Butchers

    • Removal of the requirement for the business to notify the VCGLR prior to claiming the benefit of the exemption.

Hospitals; Residential Care Services; Retirement Villages; and Cruise Ships
Historically, hospitals, residential care services, retirement villages and cruise ships were not exempt from the operation of the Liquor Control Reform Act 1998 if those businesses sought to supply liquor to patients, residents or passengers.

The new defenitions now permit the following without a permit:

Hospitals

    • Liquor may be served to patients and visitors of patients; and
    • Not more than 2 standard drinks per person/per day.

Residential Care Services & Retirement Villages

    • Liquor may be served to residents and visitors of residents; and
    • Not more than 2 standard drinks per person/per day.

Cruise Ships

    •  Liquor may only be supplied to registered passengers and crew members; and
    • Liquor must only be consumed aboard the cruise ship.

 

Purchase of Liquor by holders of Limited Club and Restricted Club Licences
The requirement for a Club holding a Limited Licence to purchase liquor from the holder of a General, Late Night (General), Packaged or Late Night (Packaged) Liquor Licence is removed.

Minors and Live Music Events
Licensees are permitted to hold an underage live music event on Licensed Premises without being in breach of the Section 120 prohibition relating to the presence of minors on the Licensed Premises if the Licensee provides the VCGLR with written notification of the details of the Live Music Event at least 7 days prior to the event.

This amendment removes the previous requirement for a Licensee to lodge a formal application to the VCGLR to hold an underage music event on a Licensed Premises.

If you have any queries regarding the effect of the above amendments on the operation of your Licensed Business, please contact Nicholas Brand or David Mazzeo or your Pointon Partners contact on 9614 7707.

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