Planning Scheme amendment VC79 has been recently approved by the Minister for Planning and was gazetted on the 8th April 2011. The amendment changes Clause 52.27 “Licenced Premises”. Cl 52.27 specifies that a planning permit is generally required prior to the issue of a new liquor licence or change to an existing liquor licence.
The aim of amendment VC79 is to clarify what was previously perceived as a loop hole in the provision relating to take-away liquor outlets. In particular the amendment clarifies that a permit is required under Clause 52.27 to extend an area where liquor is allowed to be consumed or supplied. Cl52.27 now clearly specifies that a planning permit for use of land to sell packaged liquor for consumption elsewhere triggers a planning permit.
The change comes off the back of amendment VC74 in October 2010 which required that any application association with a tavern or nightclub for a liquor licence after 1am must be referred for comment to the Director of Liquor Licensing and notice of the application given to the Victorian Police.
The above amendments reflects the change in State Government and its policy regarding packaged liquor outlets and addresses concerns regarding detriment to community safety and amenity in areas where liquor is available to be purchased at hours up to 11pm and able to be consumed elsewhere, including outside the premises.
Clause 52.27 now specifies:
A permit is required to use land to sell or consume liquor if:
- a licence is required under the Liquor Reform Control Act 1998
- a different licence or category of licence is require from that which is in force
- the hours of trading allowed under a licence are to be extended
- the number of patrons under a licence is to be increased
- the area that liquor is allowed to be consumed or supplied under a licence is to be increased
Of critical interest to the decision maker (in areas where multiple licenced venues operate) is the accumulative impact of the ever increasing numbers of licenced operators. Reflecting the heightened attention liquor licensing issues have gained at State level the Department of Planning and Community Development has published a new planning practice note. Practice Note #61, Licensed premises: Assessing cumulative impact, is designed to provide permit applicants with the understanding and assessment tools required to determine the accumulative impact of their proposal on the wellbeing of the community.
Permit applicant’s preparing applications for new (or alterations to) liquor licences should download and review Practice Note #61 which is available from www.dpcd.vic.gov.au
Seek Professional Advice Information contained in this publication should be considered as a reference only and is not a substitute for professional advice. No liability will be accepted for any loss incurred as a result of relying on the information contained in this publication. Seek professional advice in specific circumstances.
Copyright If you would like to reproduce or use for your own purposes any part of this publication please contact enquiries@clause1.com.au for assistance.
Clause1 Pty Ltd Phone: 03 9370 9599 Fax: 03 9370 9499 Email: enquiries@clause1.com.au Web: www.clause1.com.au