Liquor Control Victoria (the Commission) has recently announced the long-awaited project of updating existing licences that benefit from trading hours extensions granted in March 2022.
1am Extension
In March 2022, the Commission announced the automatic extension of permitted trading hours for the on-premises supply and consumption of liquor until 1am on every day of the week (subject to planning permission) for the following licence categories:
- Restaurant and café;
- On-premises; and
- General.
As of 15 March 2022, these categories of licences were automatically extended without further approval from the Commission to 1:00am, but with some exceptions, mainly:
- it did not apply to off-premises trading hours;
- it also did not override any trading hours on your planning permit or footpath trading permit for your premises; and
- it did not apply to ‘specific areas of a licensed premises that have different trading hours, which are separate to the overall trading hours of the premises, such as a beer garden or balcony area’.
While this change happened automatically, existing licences were not amended to reflect these changes. Only licences that were newly issued or were varied after 15 March 2022 were changed to reflect this.
This means, since 15 March 2022, there are venues that could legally trade to 1am even if the wording of their licence did not reflect this.
Licence Updates
The Commission is now commencing the process of varying existing licences to give effect to the above automatic extension of hours. Most licensees should have received a communication this week to that effect.
To clarify, this does not further increase the trading hours you are entitled to – but it just amends your physical liquor licence to reflect those changes you are entitled to based on the March 2022 reform.
The LCV has given the following industry guidance about this change:
- The project will be conducted over the next 6-8 months, starting in April.
- Licences will be updated in tranches, based on the licence category in the following order:
- restaurant and cafe licences.
- general, on-premises and late night licences.
- packaged liquor, remote seller’s and producer’s licences.
- full club licences will see revised layout only.
- All changes will be made using section 58A(d) of the Act, meaning licensees don’t need to provide any information during the process.
- Once the changes are made, licensees will be required to download an updated copy of their licence.
Licensees may see:
- A revised layout of their licence.
- Confirmation of trading hours to ordinary hours and 1am the following morning.
- A new condition that limits the use of an outdoor area based on the pre-existing trading hours and licence conditions.
Planning
Since this initial reform was made in March 2022, there have been significant planning changes in the removal of liquor-related controls in the planning scheme.
This means that whilst you may not have previously been able to take the maximum benefit of these changes when they were first announced, you may be able to do so now (or soon), depending on upon the planning permits applicable to your venue.
As a reminder, under the existing landscape, all existing planning permits continue to have legal effect (including permits that restrict your trading hours before 1:00am) until they are varied or cancelled. You should review to see if you have any permits that currently would stop you from taking the full advantage of this change, and we can advise on the procedure to ensure you can do so.
We advise further that there is new legislation (the Planning Amendment (Better Decisions Made Faster) Act 2026) that proposes to change the planning legislation so that any conditions connected to a use that no longer requires a permit will cease to have effect. However, this provision will not come into effect until a future date to be proclaimed – or by no later than 29 October 2027.
What do I need to do?
Firstly, ensure that you are registered on your LCV portal for eLicence and that you have a current and accessible email so that you make sure you receive the notice from the Commission when the change is occurring.
Ahead of the change, you should review your licence and any other permissions so that you understand what your permitted trading hours are, and what you should expect the change to be. This would include reviewing any planning permits, footpath trading areas, and special conditions limiting trade in certain areas.
The LCV is – perhaps overly – optimistic that the vast majority of venues will not have any complications with these changes. But, there are a lot of venues affected and we expect there is more than likely to be a number of venues where the changes do not perfectly capture what trading hours the venue is duly entitled to.
You will be notified in writing of the change, but the change will be automatic upon notification. The use of section 58A(d) of the Act means that there is not a formal opportunity for you to respond before the change takes place.
The LCV has advised that they will be willing to work with individual licensees in the event that there are irregularities or disputes regarding the changes to the licences.
If you are not sure about what your permitted trading hours are or may be, or you require assistance in obtaining planning permits, or if you receive a notice and you do not understand the conditions you have received, please reach out to our office and we can assist.
This update does not constitute legal advice and should not be relied upon as such. It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. You should seek legal or other professional advice before acting or relying on any of the content.
