Variation to an Existing Licence/Permit Application Kit
This kit contains all the forms and related materials required to apply to: - change the hours of operation; - change the area or size of the premises; or - change the general conditions of the licence/permit in Victoria.
Contents In this kit: 1. 2. 3. 4. 5. 6. Variation to an Existing Licence/Permit Application Form Public Notice Statement of Display of Public Notice Guidelines for the Display of Liquor Licensing Applications Plans of Licensed Premises Fact Sheet Liquor Licensing Fees
Need help? For more information: • • visit the Consumer Affairs Victoria website at www.consumer.vic.gov.au/liquor telephone CAV Liquor Licensing on 1300 65 03 67.
Application for Variation to an Existing Licence or Permit
For Trading Hours, Size of Licensed Area, Conditions Liquor Control Reform Act 1998
Licence/Permit Details
Licence or permit number
OFFICE USE ONLY
Date Rec’d Receipt No. File No.
Name of current licence or permit holder (person/partnership/company/club)
ACN (if applicable)
Contact Details
Business hours contact details for you/your representative Contact name Daytime telephone number Postal address
Postcode
Fax number
Email address
Premises Details
Trading name at premises (ie registered business name) Address
Postcode
Postal address (if different from above)
Postcode
Variation Details
What are you seeking to vary on your licence or permit? Existing trading hours Specify new trading hours and days (list all hours and days of trading)
The conditions of the licence or permit
Describe the changes to the conditions
The size or perimeter of the licensed area
Briefly describe the changes
You must also attach to this application, a plan or drawing of the premises.
If this variation application is granted, are you able to commence trading immediately? Yes No Give details of why you cannot commence trading immediately and the likely date of commencement
Signatures of licence or permit holder(s)
Who must sign this application – If the licence/permit holder is: An individual The individual person - A company One director of the company - A partnership All partners - A club One committee member Certification I/We certify that as the licence or permit holder, I/we seek to vary the licence or permit as described in this application. Signature(s) Printed name(s) Date
You are required to provide other documents as part of this application. Refer to the document checklist on the next page.
Consumer Affairs Victoria - Liquor Licensing, 113 Exhibition Street, Melbourne 3000, GPO Box 4304, Melbourne 3001 Telephone 1300 65 03 67 www.consumer.vic.gov.au DX 210746 Fax (03) 8684 0688 Email liquor@justice.vic.gov.au ABN 32 790 228 959
LL 11 (13/6/06)
Document checklist Before a decision can be made on your application, you must provide the following documents
Applicants for variation of area (licence and permit holders) If the size or perimeter of the licensed area has changed, a plan or drawing of the premises, which should: • • • • • • • • • Show the official address. Be of a scale of 1:100 and on at least A4 size paper. Show some measurements. Be neat and legible. Define the boundaries of the property. Place the property in context - for example include a compass point showing north and street references. Outline the proposed licensed area/[s] in red. Outline areas to be authorised such as footpath areas in red. Show the basic functions or fixtures. For example bar and dining area/kitchen area or in the case of a packaged liquor outlet - shelf areas where alcohol is stored and register location.
The following documents must also be provided by licence holders (but not permit holders) Planning permit or permission A copy of a planning permit or other permission from the local council or responsible planning authority indicating that the proposed variation will not contravene the planning scheme under the Planning and Environment Act 1987. A Statement of Display form must be completed and returned at the end of the 28 day public notice display period. This form contains confirmation that you have displayed the mandatory public notice at the premises for 28 days after this application was received by Liquor Licensing. Statement of Display forms and Guidelines for the display of liquor licensing applications are available at www.consumer.vic.gov.au or by phoning 1300 65 03 67. The Director of Liquor Licensing may request you to provide further information. If this is the case, we will write to you.
Fees
Application fee All applicants must pay the appropriate application fee at the time of lodging this application. The amount is listed on the attached Fees Sheet. There is no GST payable on any fee. You can pay by cheque, money order or credit card. Cash will be accepted only if paying in person. Cheques and money orders are to be made payable to "Consumer Affairs Victoria". If paying by credit card fill in your credit card details below.
Credit card details
Visa Mastercard Bankcard Amex
Amount $ Card expiry date
Card number
/
Name of cardholder Signature of cardholder Date
Additional fees (licence holders only - not applicable to permit holders) If additional trading hours are sought and approved, additional fees may apply. You will be notified of the additional fee amount and how to pay. You do not need to send the additional fee payment at the time of making this application, but you will need to pay the fee before your new licence is issued.
How to lodge this application and accompanying documents
By post to: Consumer Affairs Victoria – Liquor Licensing GPO Box 4304, Melbourne 3001 By fax to: (03) 8684 0688 (if paying by credit card) In person to: Consumer Affairs Victoria – Liquor Licensing 113 Exhibition Street Melbourne 3000 (Counter hours 8.30am-5.00pm Monday to Friday – closed on public holidays)
What happens next
You will be sent a letter that confirms we have received your application and also outlines any further information we require. Once we have received all relevant information and documents, we will make a decision about your application. If your application is successful, you will be sent a new licence which includes the variations. If your application is unsuccessful, we will write to tell you the outcome. Privacy Consumer Affairs Victoria is committed to responsible and fair handling of personal information consistent with the Information Privacy Act 2000 and its obligations under the Liquor Control Reform Act 1998. All information provided in this application is available for public viewing.
PUBLIC NOTICE
Liquor Control Reform Act 1998 Name of applicant (person/ partnership/ company/club) Date application lodged with the Director of Liquor Licensing Type of application Name and address of premises to which the application relates
Liquor Licence Application
This notice must be displayed as A3 size. Details of liquor licence application lodged with Director of Liquor Licensing
The purpose of the application is to:
The proposed days and hours of trade are:
The current days and hours of trade are: (if existing licensee)
I/we have requested authority to supply liquor at the kerbside area
Yes
No
Objections
Grounds for objection Any person may object to the grant of this application on the ground that it would detract from, or be detrimental to, the amenity of the area in which the premises are located. Additional grounds for objection to the grant relating to a packaged liquor licence Any person may object to the grant of an application relating to a packaged liquor licence on the ground that the grant, variation or relocation would be conducive to or encourage the misuse or abuse of alcohol. All objections must state the grounds and the reasons for the objection and be made within 30 days of the date that this notice was first displayed. The following are not valid reasons for objection: • The business would not be successful; • Another licensed business would be adversely affected; or • There is insufficient need or demand to justify the grant of the application. The Director of Liquor Licensing may refuse to accept an objection if: • The person making the objection is not affected by the application; • The objection is frivolous or vexatious; or • The objection is not otherwise in accordance with the Liquor Control Reform Act 1998. All objections will be treated as public documents with full details of the objection being provided to the applicant. Objections must be made in writing to: Director of Liquor Licensing, GPO Box 4304, Melbourne 3001
This notice was first displayed on (insert date)
This notice must be continuously displayed as A3 size on the site or premises that are the subject of the application for 28 days immediately after the Director of Liquor Licensing receives the application. The notice must be displayed in a manner that invites public attention to the application on the main LL 14 (13/6/06) street frontage of the site or premises in a visible position and at eye level.
Statement of Display
To be completed after the 28 day Public Notice period has passed
Liquor Control Reform Act 1998
Details of application lodged with Director of Liquor Licensing
Licence number (if licence has already been granted) File number (this can be found on correspondence sent to you by Liquor Licensing)
Name of licence applicant (person/partnership/company/club)
ACN (if applicable)
Address of premises
Postcode
Date application lodged with the Director of Liquor Licensing
Date the Public Notice was first displayed in the size and format required
Signature and certification of Public Notice display
Certification I being the applicant, or on behalf of the applicant certify that: • an application was lodged with the Director of Liquor Licensing on the date specified in this form; and • from the date specified in this form, a Public Notice of the size and in the format required by the Director of Liquor Licensing and containing all relevant details of the application was displayed on the premises or site to which the application relates; and • the Public Notice was continuously and conspicuously displayed during a period of 28 days in accordance with the Guidelines for the Display of Liquor Licensing Applications. I understand that it is an offence under section 118 of the Liquor Control Reform Act 1998 to make a false or misleading statement and that penalties apply.
Signature Printed name Date
Address
Postcode
Daytime telephone number
How to lodge this form
By post to: Consumer Affairs Victoria – Liquor Licensing GPO Box 4304, Melbourne 3001 By fax to: (03) 8684 0688 In person to: Consumer Affairs Victoria – Liquor Licensing 113 Exhibition Street, Melbourne 3000 (Counter hours 8.30am-5.00pm Monday to Friday – closed on public holidays)
Privacy – Consumer Affairs Victoria is committed to responsible and fair handling of personal information consistent with the Information Privacy Act 2000 and its obligations under the Liquor Control Reform Act 1998. All information provided in this form is available for public viewing. Consumer Affairs Victoria – Liquor Licensing, 113 Exhibition Street, Melbourne 3000 (Counter hours 8.30am-5.00pm Monday to Friday – closed on public holidays) GPO Box 4304, Melbourne 3001 Telephone 1300 65 03 67 www.consumer.vic.gov.au DX 210746 Fax (03) 8684 0688 Email liquor@justice.vic.gov.au ABN 32 790 228 959
LL 15 (13/6/06)
Liquor Licensing Applications Guidelines for Displaying Public Notices
Liquor Control Reform Act 1998 Issued by the Director of Liquor Licensing
Insert the full name of the applicant(s) as written on the application form. Insert the date that the Director of Liquor Licensing received your application. (Allow 2-3 days if posted.) Describe the type of application (eg New on-premises licence & additional hours, Variation to a packaged liquor licence, Relocation of a general licence). Insert the full name and address of your premises.
Example of Completed Notice
PUBLIC NOTICE
Liquor Control Reform Act 1998 Name of applicant (person/ partnership/ company/club) Date application lodged with the Director of Liquor Licensing Type of application Name and address of premises to which the application relates
Liquor Licence Application
This notice must be displayed as A3 size. Details of liquor licence application lodged with Director of Liquor Licensing
Smithies Pty Ltd 13 October 2004 Variation of a General Licence
Smithies Bar 400 Smith Street Smithville
Provide details of your application. (Applications to vary the conditions of existing licences must clearly contrast your proposed conditions with your current conditions.)
The purpose of the application is to:
Operate a restaurant, Operate a Bar, Extend my licensed area, Increase the patron numbers of nightclub to 500, Extend trading hours on Friday and Saturday nights to 3am Sunday 10am to 12 Midnight Good Friday and Anzac Day 12 noon to 11pm On any other day 7am to 3am Sunday 10am to 11pm Good Friday and Anzac Day 12 noon to 11pm On any other day 7am to 11pm
Yes
e pl am Ex y nl O
This section must be completed for all applications. Hours of trade for consumption off the premises must be shown separately. Insert "No change" if the hours on your existing licence are to remain unchanged.
The proposed days and hours of trade are:
This section must be completed for all variation and relocation applications. Hours of trade for consumption on and off the premises must be shown separately.
The current days and hours of trade are: (if existing licensee)
On-premises licence holders may, with the consent of the local municipal authority, offer a kerbside area. Indicate "Yes" or "No" if you have requested an authority to supply liquor in such an area.
I/we have requested authority to supply liquor at the kerbside area
No
Objections
Grounds for objection Any person may object to the grant of this application on the ground that it would detract from, or be detrimental to, the amenity of the area in which the premises are located. Additional grounds for objection to the grant relating to a packaged liquor licence Any person may object to the grant of an application relating to a packaged liquor licence on the ground that the grant, variation or relocation would be conducive to or encourage the misuse or abuse of alcohol. All objections must state the grounds and the reasons for the objection and be made within 30 days of the date that this notice was first displayed.
Insert the date this Public Notice was first displayed.
The following are not valid reasons for objection: • The business would not be successful; • Another licensed business would be adversely affected; or • There is insufficient need or demand to justify the grant of the application. The Director of Liquor Licensing may refuse to accept an objection if: • The person making the objection is not affected by the application; • The objection is frivolous or vexatious; or • The objection is not otherwise in accordance with the Liquor Control Reform Act 1998.
This notice was first displayed on (insert date)
LL 19 (11/1/2007)
All objections will be treated as public documents with full details of the objection being provided to the applicant. Objections must be made in writing to: Director of Liquor Licensing, GPO Box 4304, Melbourne 3001
The public notice must be displayed as A3 size in a manner that invites public attention to the application on the main street frontage of the site or premises in a viable position and at eye level.
This notice must be continuously displayed as A3 size on the site or premises that are the subject of the application for 28 days immediately after the Director of Liquor Licensing receives the application. The notice must be displayed in a manner that invites public attention to the application on the main LL 14 (13/6/06) street frontage of the site or premises in a visible position and at eye level.
Liquor Licensing Factsheet
June 2009
Plans of licensed premises Plan requirements
When a liquor licence is granted, it is for a defined area. This area is shown by a red line drawn on a plan of the premises, submitted with the application, and approved by the Director of Liquor Licensing.
A plan of the premises must accompany applications for:
• • • a licence or BYO permit a variation of a licence or BYO permit that involves a change to the licensed area a transfer of a licence or BYO permit if the current floor layout of the premises differs from the plan held at Liquor Licensing the relocation of a licence or BYO permit The plan should be lodged with the application form. In addition, the Director of Liquor Licensing may at any time request that a licensee prepare a plan and submit that plan for certification.
What form should a plan take?
The Director of Liquor Licensing has specified that a plan must contain the following elements: • • • • • • • • • • be of a scale of 1:100 (1cm = 1m) be on at least A4 size paper (graph paper is not acceptable) be drawn in ink and be neat and legible include premises address include a compass point showing north and names of the surrounding streets define the boundaries of the property outline the proposed licensed area/s in red outline in red, areas to be authorised such as footpath show measurements of areas to be licensed, including authorised areas show the basic functions or fixtures, for example, bar and dining area/kitchen area or in the case of a packaged liquor outlet, shelf areas where alcohol is displayed and the cash register is located. If your plan does not meet these requirements, you will be required to resubmit your plan. An example of a plan is provided on page 2 of this factsheet.
•
www.consumer.vic.gov.au/liquor 1300 65 03 67
Plans of licensed premises
What happens to my plan?
The plan submitted with your application will be endorsed as an approved plan and retained by the Director of Liquor Licensing. Victoria Police may view the approved plan to assess whether you are trading in accordance with your licence. A copy of your approved plan can be purchased from Liquor Licensing on 1300 65 03 67.
Plan example
Premises address: 100 Green Street, Nobletown
GREEN STREET
Ground floor plan 1:100 Scale
BROWN STREET
Victorian Consumer & Business Centre 113 Exhibition Street, Melbourne 3000 Liquor Licensing GPO Box 4304, Melbourne, 3001 Telephone 1300 65 03 67 Facsimile 03 8684 0688 Email liquor@justice.vic.gov.au Website www.consumer.vic.gov.au/liquor
“Restoring the Balance - Responsible Service - Sensible Consumption - Safer Community”
Because this publication avoids the use of legal language, information about the law may have been summarised or expressed in general statements. This information should not be relied upon as a substitute for professional legal advise or reference to the actual legislation. Authorised by the Victorian Government, 121 Exhibition Street, Melbourne, Victoria, 3000.
page 2 of 2
Liquor Licensing Fees
The following fees are applicable from 1 July 2009
The fees listed below apply to applications for new liquor licences or BYO permits. The annual renewal fees are also shown. The Licence Fee must accompany the application at the time of lodgement with Liquor Licensing. The Renewal Fee is payable annually from 1 January.
General On-Premises Packaged Liquor Club (Full) Club (Restricted) Pre-Retail Vigneron’s Limited (Renewable) Limited (Non-Renewable) • Licensed person • Non Licensed person BYO Permit
Licence and Permit Fees (Fees are GST exempt)
The fees listed below apply to the lodgement of applications to change the details or conditions on a licence or BYO permit. The appropriate fee must accompany the application at the time of lodgement. Application
Variation to Licence Variation to BYO Permit Transfer of Licence Transfer of BYO Permit Relocation of Licence Relocation of BYO Permit Amalgamated Club Endorsement on Licence or BYO Permit by Executor, Trustee etc Endorsement on Licence or BYO Permit by Owner, Mortgagee etc Approval of nominee or director Underage Approval for entertainment event
Fees for Changes to a Licence or BYO Permit
Category of Licence or Permit
Licence Fee
$602.00 $602.00 $602.00 $602.00 $602.00 $602.00 $602.00 $60.20
Renewal Fee
$333.60 $333.60 $257.40 $269.70 $101.70 $232.70 $232.70 95.70
If you are also applying for additional trading hours the following fees will be payable when the application is granted. These fees will be pro-rated to reflect the months remaining in the year. (See Note).
Additional Hours (Except Packaged Liquor)
$27.70 $60.20 $132.40
N/A N/A $158.60
$305.20 $61.10 $229.50 $45.90 $425.40 $80.30 $337.00 $88.40 $88.40 $58.50 $34.70 $11.70
Fee
Consent to let or sub-let part/all of premises
Additional Hours (Packaged Liquor) Days
Consent to permit another person to supply liquor
$23.10
Days
Monday to Saturday Sunday Sunday Good Friday & ANZAC Day
1.00am to 7.00am 7.00am to 10.00am 11.00pm to 1.00am the following day
11.00pm to 1.00am the following day 1.00am to 7.00am
Additional Hours
Annual Fee
The fees listed below apply to packaged liquor licences only. Additional Hours
$1716.10 $569.90 $1028.50
$1716.10
$652.20
Monday to Saturday Sunday ANZAC Day
Before 10.00am and after 11.00pm
7am to 9.00am 11.00pm to 1.00am the following day 1.00am to 7.00am
Annual Fee
$755.50 $1994.70 $424.50 $594.20
$438.40
$1041.00
Good Friday & ANZAC Day
7.00am to 12.00 noon
$841.70
7.00am to 12.00 noon 11.00pm to 1.00am the following day
Note If the additional trading hours component of the licence fee is to be pro-rated, the amount payable will be determined in accordance with the formula: when: A=B x C A is the amount of the additional fee 12 B is the full year amount shown in the table C is the number of months that the additional hours condition will be in force during the year
Telephone 1300 65 03 67 www.consumer.vic.gov.au/liquor DX 210746
Liquor Licensing, 113 Exhibition Street Melbourne 3000 (Counter hours 8.30am-5.00pm Monday to Friday – closed on public holidays) GPO Box 4304, Melbourne 3001
Fax (03) 8684 0688 Email liquor@justice.vic.gov.au ABN 32 790 228 959
(1/7/09)