Victorian Numbered Acts

LIQUOR CONTROL REFORM AMENDMENT (LICENSING) ACT 2009 (NO. 59 OF 2009) - SECT 11

After section 11 of the Principal Act insert —

        " 11A     Late night licence

    (1)     A late night licence may be—

        (a)     a late night (general) licence; or

        (b)     a late night (on-premises) licence; or

        (c)     a late night (packaged liquor) licence.

    (2)     A late night (general) licence authorises the licensee—

        (a)     to supply liquor on the licensed premises—

              (i)     during ordinary trading hours; and

              (ii)     at any other times determined by the Director and specified in the licence—

for consumption on and off the licensed premises; and

        (b)     to supply liquor on the licensed premises at any time to a resident of the licensed premises or a guest of such a resident for consumption on the licensed premises; and

        (c)     if the licensee resides on the licensed premises, to supply liquor on that part of the licensed premises set aside for the licensee's private residence at any time to a guest of the licensee for consumption on that part of the licensed premises.

    (3)     A late night (on-premises) licence authorises the licensee—

        (a)     to supply liquor on the licensed premises—

              (i)     during ordinary trading hours; and

              (ii)     at any other times determined by the Director and specified in the licence—

for consumption on the licensed premises; and

        (b)     to supply liquor on any other premises authorised by the Director and specified in the licence at any times determined by the Director and specified in the licence, for consumption on those premises; and

        (c)     if specifically authorised by the Director, to supply liquor in an open container for consumption in a food court next to, or near, the licensed premises.

    (4)     A late night (packaged liquor) licence authorises the licensee to supply liquor on the licensed premises in sealed containers, bottles or cans—

        (a)     during ordinary trading hours; and

        (b)     at any other times determined by the Director and specified in the licence—

for consumption off the licensed premises.

    (5)     A late night licence is subject to—

        (a)     the condition set out in section 16 (compliance with planning scheme); and

        (b)     the condition set out in section 17(1); and

        (c)     if the licensee is a body corporate, the condition set out in section 18 (approval of directors); and

        (d)     in the case of a late night (packaged liquor) licence, the conditions set out in sections 11(3)(aa) to  11(3)(aad); and

        (e)     any other conditions determined by the Director and specified in the licence.

    (6)     Sections 11(2) and 11(4) to 11(8) apply in relation to a late night (packaged liquor) licence as if it were a packaged liquor licence.".