By law, we must send the relevant local council most liquor licence applications for comment.
Councils then have 30 days to object.
The local council can object if it believes granting the application would:
have a negative impact on the amenity of the local area for packaged liquor licence applications, have a negative impact on amenity or increase the risk of alcohol-related harm in the area. Victoria Police and community members can also make an objection .
Applications we send to councils By law, we must send (refer) these applications to the relevant local council for comment:
new licence applications (except for pre-retail licence and BYO permit) variations of existing licences relocations (licensed venues or locations moving address). In addition, we can send other applications to council if we think it's needed.
For example, we may refer an application for a major event licence, or temporary limited licence, if the event will impact the local community.
We are not required to refer licence transfer applications.
Documents we send We send these documents to council's nominated email address:
Copy of the application form. Red line plan for the licensed venue or location. Any council planning documents submitted with the application. To update council's nominated email address, email us at contact@liquor.vic.gov.au .
Before council objects We can only consider objections as required under the Liquor Control Reform Act 1998 .
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1 Check we can consider the objection Councils can object to a liquor licence application if they believe granting the licence would:
negatively impact the local amenity or area surrounding the venue or location (for example, due to excessive noise, nuisance, vandalism or disorderly customers entering and leaving the venue or location) for packaged liquor licence applications, councils can also object if they believe the licence grant would increase the risk of alcohol-related harm in the area (for example, harm to minors or vulnerable groups, anti-social behaviour or increased family violence). Councils cannot object on the grounds of:
business success impact on another licensee lack of demand council having not yet assessed the amenity impact a planning permit being required, pending or not yet issued a proposed liquor licence having different hours or conditions to the planning permit. 2 Check the time limit Councils have 30 days to object, from the date the public notice was first displayed.
If we do not hear from council by then, we will continue to progress the application.
Requests for more time Council can ask for more time to submit their objection.
To do this, email contact@liquor.vic.gov.au before the due date and say why more time is needed.
We can only extend the time limit by a week or 2.
Late objections may not be accepted.
3 Gather information and evidence Council will need to provide information and evidence that helps us understand the objection.
Amenity concerns Examples of amenity concerns include:
violent or disorderly behaviour drunkenness or vandalism offensive language or nuisance. Information and evidence could include:
council data or reports Victoria Police information or reports resident or local community feedback local crime, noise or amenity data maps or photographs (if relevant) any other relevant information. Harm concerns Councils can object to a packaged liquor licence application for reasons of amenity or alcohol-related harm.
If objecting for reasons of harm, council must outline how the licence grant would cause:
harms to minors, vulnerable people or communities family violence anti-social behaviour, including behaviour that causes personal injury or property damage. After council objects We will let council know if we have accepted their reasons for objecting.
We usually do this within a week of getting the objection form.
If we accept the objection, we will consider it as part of the application assessment.
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We share council's objection with the applicant All objections are treated as public documents.
We share council's objection and all details, including contact details, with the applicant.
We then give the applicant a chance to respond to us about the concerns.
For example, if the concern is about excessively loud music, the applicant may give us information on how they will reduce this noise.
We advise the outcome We will email council to let them know the outcome.
We also send a statement of reasons explaining why the application was granted or refused.
Council can appeal the decision Councils can appeal the:
decision to grant or refuse the licence details of the licence, for example, the licence conditions or red line plan. When to appeal The appeal must be made within 28 days of receiving the licence decision.
How to appeal Complete the internal review application form. It has details on the reasons for appeals we can accept.
Internal review application
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1.53 MB
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Email the form to secretariat@liquor.vic.gov.au We will email council with next steps. This may take a few weeks. Planning permits no longer required A planning permit is no longer required for the sale and consumption of liquor.
This change does not affect:
our process of sending applications to council for comment councils' ability to object how we consider objections. Planning permits and liquor licences often have different conditions. Licensees must comply with both:
their liquor licence any planning requirements that apply under the Planning and Environment Act 1987 . Applications to vary a licence or relocate Applicants for variations or relocations are still required to provide evidence that their application does not breach local planning schemes.
Applicants need to provide us with either:
a copy of the current planning permit for the location a letter or email from council saying they do not need a planning permit or need to vary the existing permit. 