Update: Liquor Licence Patron Numbers and Gaming Compliance

Liquor Licence Patron Numbers

Many licensees will have recently received correspondence from LCV referring to the introduction of patron numbers on their liquor licences. Responses are due by 22 October 2024.

Licensees who will have been contacted are those who currently have no patron capacity on their liquor licence.

For some premises the introduction of a patron capacity will be quite simple – for example, indoor standalone buildings only where there is a planning permit or occupancy certificate that contains a patron capacity.

For other premises the solution may be more complicated.

The introduction of a patron capacity can have an impact on the annual renewal fees payable by a licensee, as the current model of renewal fees includes a tiered scale of fees that increases based on patron capacity. There are also some different renewal fees that apply for venues of particular types (sports stadia and events venues, for instance).

Licensees should seek advice in the first instance about an appropriate patron capacity and evidence to substantiate their desired capacity to prevent having an inappropriate patron capacity imposed.

LCV has requested that licensees provide planning permits or evidence of existing use rights – many Councils will not be able to facilitate provision of this information by 22 October so that licensees should take action to obtain this information as soon as possible.

Gaming Compliance

We understand that there have been increased levels of ad hoc compliance inspections from the VGCCC during recent months, including in regional areas.

Issues of note in recent inspections have included:

  1. Maintaining a compliant unclaimed winnings register;
  2. Ensuring a qualified RGO is in the gaming machine area at all times;
  3. That CCTV is in continuous operation and can store footage for at least 28 days; and
  4. That all entries/exits to the gaming machine area can be adequately monitored (including preventing entry by minors).

We note that the VGCCC is still raising some concerns in venues regarding visibility and access into gaming machine areas where the entry is an open walkway (i.e. there is no operable door). These matters are very venue-specific and advice should be sought before any action is taken that affects entry into a gaming machine area. 

Many licensees may have received letters alleging that their rooms not having a door means they are not ‘physically discrete’ and alleging that this was a breach that therefore must be rectified. The VGCCC have since revisited this interpretation, and as such any licensees who were considering making these changes to their rooms may not required to do so and should promptly seek advice before undertaking any changes.

Venue operators should others ensure that all of their management and administrative practices are in order ahead of any inspections and contact our office with any specific questions.

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.

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