Victorian Numbered Acts

LIQUOR CONTROL REFORM AMENDMENT (LICENSING) ACT 2009 (NO. 59 OF 2009) - SECT 9

After section 9 of the Principal Act insert —

        " 9A     Restaurant and cafe licence

    (1)     A restaurant and cafe 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 where the predominant activity carried out at all times on the premises is the preparation and serving of meals to be consumed on the licensed premises; and

        (b)     to supply liquor on any other premises authorised by the Director and specified in the licence, during ordinary trading hours or at the times referred to in paragraph (a)(ii) or at any other times determined by the Director and specified in the licence, for consumption on those premises.

    (2)     A restaurant and cafe licence is subject to—

        (a)     the conditions set out in subsection (3), and

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

        (c)     if the licence authorises the licensee to supply liquor outside ordinary trading hours, the condition set out in section 17(1); and

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

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

    (3)     A restaurant and cafe licence is subject to the following conditions—

        (a)     tables and chairs must be placed in position on the licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time; and

        (b)     the licensee must not permit—

              (i)     the live performance of any musical works; or

              (ii)     the playing of any recorded musical works—

on the premises at higher than background music level at any time outside ordinary trading hours.

    (4)     The condition in subsection (3)(b) does not apply to music performed or played on licensed premises outside ordinary trading hours as part of a function that is—

        (a)     held in an area of those premises that is set aside for the exclusive use of persons who have booked a table in that area and their guests; and

        (b)     attended only by those persons and guests.

    (5)     In this section—

"background music level", in relation to premises, means a level that enables patrons to conduct a conversation at a distance of 600 millimetres without having to raise their voices to a substantial degree.".