Liquor Control Victoria (the Commission) has previously granted a number of temporary limited licences to venues in response to COVID-19 which allowed licensees to temporarily extend their red line area.
The Commission had previously announced that all privately-owned outdoor area temporary limited licences are set to expire on 15 December 2022.
The Commission have now communicated that licensees can apply for further temporary limited licences until 30 June 2023.
How to apply
Applications can be made online via the Commission website and should be made as soon as possible. There is no guarantee that the licences will issue by 15 December 2022 to ensure continuity of these spaces.
The Commission have not clarified if the applications will be referred or advertised to the general public, or provided details regarding the conditions of those licence. Presumably, the licences will be subject to the trading hours and patron capacity of the existing licences.
The Commission has stipulated that applications should include your existing temporary limited licence and red line plan, and if relevant the permission from a landowner/council to use the extended area.
The licence application requires an application fee of $116.30, which will be refunded within two weeks automatically.
Permanent Use of Spaces
The Commission has again reminded licensees who wish to use these spaces on a permanent basis that they should lodge such applications to permanently vary the licence as soon as possible to ensure they are determined ahead of 30 June 2023.
There is no guarantee of a further extension of the temporary scheme beyond 30 June 2023. It is possible, but speculative, that the scheme may ultimately extend to be in line with the planning exemptions under clause 52.28 of the planning scheme (presently set to continue until 13 October 2023) – however we would not advise licensees to rely on any further extension and to make permanent arrangements where appropriate.
Please contact our office with any questions regarding the above, including for any assistance in preparing and filling requisite applications.
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.
