VIC RSA Legislation Handout 2019

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RESPONSIBLE

SERVICE OF ALCOHOL
VICTORIA
LEGISLATION HANDOUT

Contents
VIC Governing Body ................................................................................................................................... 2
The Legislation ........................................................................................................................................... 2
Intoxication Definition .................................................................................................................................. 2
Responsibilities and Penalties .................................................................................................................... 3
Hours of Operation.................................................................................................................................... 13
Required Signage ..................................................................................................................................... 14
Acceptable Proof of Age Identification ...................................................................................................... 15
Fake ID ..................................................................................................................................................... 15
BAC and Drink Drive limits ........................................................................................................................ 15
Liquor Forums and Accords ...................................................................................................................... 15
Liquor Campaigns ..................................................................................................................................... 16
Industry Associations ................................................................................................................................ 16
More Information ....................................................................................................................................... 16

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VIC Governing Body

The Victorian Liquor Commission delivers licensing, investigative, disciplinary and other regulatory
functions under the Liquor Control Reform Act 1998 and regulations relating to the supply and
consumption of liquor in Victoria. The Commission:
• undertakes licensing, approval, authorisation and registration activities
• performs regulatory, investigative and disciplinary functions
• promotes and monitors compliance
• detects and responds to contraventions
• provides advice to the Minister on the operation of the Act and regulations, and the
Commission’s functions under the Act and regulations
• implements Government policy in relation to the supply and consumption of liquor, and
• informs and educates the public about the Commission’s regulatory practices and requirements.
The Victoria Liquor Commission is supported in delivering these functions by staff from a business unit
of the Department of Justice and Community Safety (DJCS). The Commission, together with staff from
DJCS are called Liquor Control Victoria (LCV).

The Legislation

The Liquor Control Reform Act 1998 regulates the supply and consumption of liquor in Victoria. The
objects of the Act are:
a) To contribute to minimising harm arising from the misuse and abuse of alcohol, including by:
i. Providing adequate controls over the supply and consumption of liquor
ii. Ensuring as far as practicable that the supply of liquor contributes to, and does not
detract from, the amenity of community life
iii. Restricting the supply of certain other alcoholic products, and
iv. Encouraging a culture of responsible consumption of alcohol and reducing risky drinking
of alcohol and its impact on the community
b) To facilitate the development of a diversity of licensed facilities reflecting community
expectations
c) To contribute to the responsible development of the liquor and licensed hospitality industries,
and
d) To regulate licensed premises that provide sexually explicit entertainment.
The Liquor Control Reform Regulations 2009 provide for a range of specific matters in relation to
licensing and the regulation of liquor, including prescribing licence fees and application requirements.
The regulations complement the Act and provide further detail to give effect to the intentions of the Act.

Intoxication Definition

Intoxication is defined in Section 3AB (1) of the Act:


For the purposes of this Act, a person is in a state of intoxication if his or her speech, balance, co-
ordination or behaviour is noticeably affected and there are reasonable grounds for believing that this is
the result of the consumption of liquor.

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Responsibilities and Penalties

There are a range of individuals that have responsibilities under the legislation and can face fines if they
do not comply with the requirements, including the licensee, manager, employees (which can include
but is not limited to bar staff, security and crowd-controllers, host or hostesses, glass collectors, any
other staff in involved in the sale of supply of alcohol), customers and minors.
NOTE: All government fees and fines are indexed annually. The dollar amounts shown in this document
are for financial years 2023/2024 and will change each financial year.
https://www.vic.gov.au/liquor-fees-and-fines

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Hours of Operation

A licensee must not sell, supply or serve liquor outside the hours prescribed by regulation in respect of
the licensee's authority.
The opening hours for VIC are outlined in the table below for you to review:

Monday - Christmas
License Sunday Good Friday ANZAC Day
Saturday Day

General licence
Late night (general) licence
On-premises licence1
7.00am – 10.00am – 12 noon – 12 noon –
**
Late night (on-premises) 11.00pm 11.00pm 11.00pm** 11.00pm**
licence
Restaurant and cafe
licence2
Anytime (No 10.00am – 12 noon – 12 noon –
Club **
restrictions) 11.00pm 11.00pm** 11.00pm**

Packaged liquor or late 9.00am – 10.00am – 12 noon –


** **
night (packaged liquor) 11.00pm 11.00pm 11.00pm**

7.00am – 10.00am – 10.00am – 10.00am –


Wine and beer producers **
11.00pm 11.00pm 11.00pm** 11.00pm**
1
in addition to the ordinary trading hours - the hours between 11.00pm on 31 December and 1.00am on 1 January
2
in relation to a restaurant and café licence, on-premises licence subject to restaurant conditions or late night (on-premises)
licence subject to restaurant conditions - the hours between 11.00pm on 31 December and 3.00am on 1 January
**Trading restrictions may apply on certain public holidays. There are two and a half-restricted trading day each year; Good
Friday, Christmas Day and ANZAC Day. You should check the conditions on the licence to determine whether these days affect
trading hours: https://www.vic.gov.au/public-holiday-trading-licensed-premises

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Required Signage

Licensees must display the following signage (depending on the license type) around their licensed
premises in Victoria.
The license type and required signage is available for downloading and printing from the VIC.gov
website:
https://www.vic.gov.au/print-my-liquor-signage

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Acceptable Proof of Age Identification

Acceptable evidence of age documents in Victoria under the Liquor Control Reform Act 1998 are:
• Australian driver licence (including NSW & SA digital drivers licence)
• Victorian learner permit
• Foreign driver licence in the English language or if not in the English language, must be
accompanied by an official English translation or an International Driving Permit
• Victorian proof of age card or an equivalent from another state or territory of Australia
• Keypass card (including digital keypass )
• Australian or foreign passport
• Victorian marine licence

Fake ID

If you doubt that the ID presented is authentic but are not sure, ask for a second form of identification to
help determine whether the ID is fake or does not belong to the person presenting it.
Then if you determine that one or both of the presented IDs are fake, that ID (except for a driver licence)
should be confiscated and handed over to the police.

BAC and Drink Drive limits

Your legal BAC depends on the licence you hold or the vehicle that you want to drive.
• The limit is below 0.05 (general alcohol limit) for full or open licence holders
• The limit is 0.00 (‘no alcohol’ limit) for the following drivers and/or license holders:
o Probationary drivers (P plates),
o Learner drivers (L plates), and
o Commercial drivers

Liquor Forums and Accords

A Local Liquor Accord is a voluntary agreement on the management or conduct of local businesses that
supply alcohol. The agreement may specify conditions around the supply of liquor, trading hours,
security or other related matters. The purpose of a Liquor Accord is to prevent or reduce alcohol-related
violence and anti-social behaviour in our community. Members and stakeholders of a Liquor Accord
commit voluntarily to the agreement.
You can visit the VCGLR website for a current list of Victoria liquor accords via the link below:
https://www.vic.gov.au/forums-and-liquor-accords

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Liquor Campaigns

Promoting and enhancing community safety and responsible alcohol use is an important consideration
for liquor licensees. The Victoria Government have developed liquor awareness campaigns to promote
the responsible supply and use of alcohol and increase awareness.
Current campaigns and resources include raising awareness for those with an interest in changing risky
drinking cultures to reduce harm from alcohol products.
You can visit the VicHealth website for more information on alcohol harm prevention projects and
campaigns via the link below:
https://www.vichealth.vic.gov.au/programs-and-
projects?q=&category=alcohol%20harm%20prevention#

Industry Associations

Business and industry associations are usually not-for-profit organisations that support businesses in a
specific industry. They may give you information about your industry, such as how changes to
legislation will affect your business and provide you with useful resources including information and
programs to help you meet industry standards.
• Examples of industry associations in Victoria include:
• Australian Hotels Association Victoria
• Australian Hotels and Hospitality Association
• Hospitality Industry Association of Australia (Victoria)
• Wine Guild of Victoria.

More Information

To get more information on the legislation in Victoria, up to date fines and penalties, community
awareness campaigns and any other information, go to the VCGLR website:
https://www.vic.gov.au/liquor-licensing

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