FAQs

What is the role of the Victorian Commission for Gambling and Liquor Regulation?

The Victorian Commission for Gambling and Liquor Regulation (VCGLR) is the independent statutory authority that administers Victoria’s liquor and gambling laws.

In Victoria, from 6 February 2012, the VCGLR is responsible for regulating the liquor and gambling industries. Previously, liquor and gambling were administered and regulated by separate bodies – the Director of Liquor Licensing and Responsible Alcohol Victoria administered and regulated the liquor industry while the Victorian Commission for Gambling Regulation administered and regulated the gambling industry.

Who are the Commissioners of the Victorian Commission for Gambling and Liquor Regulation?

Mark Brennan – Chairperson

Bruce Thompson – Deputy Chairperson

Gail Owen – Deputy Chairperson

Kate Hamond – Commissioner

Des Powell – Commissioner

Robert Kerr – Commissioner

What are the benefits of a single authority?

The VCGLR combines the best of current liquor and gambling regulation and administration, building on those strengths to become a world-class regulator that is modern and efficient.

Liquor and gambling regulation have similar objectives – to minimise harm from gambling activities and the use of liquor, to ensure responsible operations and practices and to ensure that these activities contribute positively to community life.

There are also similarities in the administration of these regulatory areas and a single authority allows a streamlined approach to licensing, compliance, education and general administration. Businesses holding both liquor and gambling licences may notice a reduction in the regulatory burden.

What changes will there be to liquor and gambling licensing processes?

A commission-based decision-making structure will be introduced for liquor licensing and there will be changes to how some liquor licensing decisions are made.

The creation of the VCGLR will take on the role of the Victorian Civil and Administrative Tribunal in considering and determining disciplinary actions and merits reviews of liquor licensing decisions.

The role of the Liquor Licensing Panel in considering contested liquor applications will become the role of the VCGLR.

Initially, there is no change to current gambling processes. Gambling decisions will continue to be made in a commission-based decision-making structure.

The VCGLR will not change the legislative conditions to obtain a licence/permit or compliance obligations for licensees/permittees.

How does the Commission operate and make decisions?

The VCGLR is an independent decision-making authority. The Chairperson and Commissioners have been appointed by the Governor in Council, on the recommendation of the Minister for Gaming. These persons have been appointed based upon their knowledge, experience and expertise.

The objective of the Commission based decision-making structure is to deliver balanced and consistent regulatory decision-making for liquor and gambling matters. The VCGLR is accountable to the Minister and Parliament.

The Commission may conduct meetings and inquiries in public or private. Unless confidentiality considerations apply, the VCGLR will hold public hearings on matters such as approval for proposed gaming premises or requests for increased gaming machines, contested liquor licences, disciplinary actions and on reviews of decisions made by a single-commissioner or member of staff.

The Commission must also publish advice that they will be conducting an inquiry in public on their website.

A person whose interests are affected by a decision of the VCGLR may appeal to the Supreme Court on a question of law.

What are the benefits of a commission based decision-making structure?    

The establishment of the VCGLR is expected to:

• enhance the independent decision-making in gambling and liquor licensing
• improve the capacity for balanced and consistent regulatory decision-making by making use of expert commission members
• reduce the regulatory burden on those businesses which hold both liquor and gambling licences (mainly hotels and licensed clubs providing gambling and the casino)
• implement a co-operative approach to liquor and gambling regulation in areas including licensing training, enforcement and administration
• promote public and industry confidence in the regulatory structure for gambling and liquor licensing by delivering more predictable and transparent decision-making.

Do any other states and territories have integrated liquor and gambling regulators?

The integrated liquor and gambling regulatory model operates in other Australian states and territories.

What will happen to the Director of Liquor Licensing, the Liquor Licensing Panel and the Victorian Commission for Gambling Regulation once the VCGLR commences?

The VCGLR will be the new regulatory body responsible for administering liquor and gambling regulation in Victoria.

It replaces the Director for Liquor Licensing, the Liquor Licensing Panel and the Victorian Commission for Gambling Regulation and delivers their regulatory functions.

It will also deliver the current regulatory functions of Responsible Alcohol Victoria. Legislative policy staff will remain with the Department of Justice.

How are Commissioners appointed?

The Governor in Council, on the recommendation of the Minister for Gaming, appoints a qualified person based upon their knowledge, experience and expertise.

How many commissioners are there?               

The VCGLR has a Chairperson, two deputy Chairpersons and three Commissioners.

Mark Brennan – Chairperson

Bruce Thompson – Deputy Chairperson

Gail Owen – Deputy Chairperson

Kate Hamond – Commissioner

Des Powell – Commissioner

Robert Kerr – Commissioner

How can I find out information about the matters scheduled for a hearing or inquiry?

This function will be provided by the Commission Secretariat & Registry.

Parties to an application will be given direct written notice of the inquiry.

Information about forthcoming inquiries will also be posted on the VCGLR website.

How are liquor licensing decisions appealed under the VCGLR?

Liquor licensing applicants and objectors will have the right to ask for an internal review of a licensing decision if the decision was made by a single Commissioner or delegate of the Commission.

The review will be heard by a panel of Commissioners.

To ensure the independence of the review, it must exclude the original decision-maker and decisions must be made in a public forum (unless confidentiality considerations apply).

How will the VCGLR ensure the internal review is fair?

The review panel will exclude the original decision-maker to as part of the independent review process. Reviews will be conducted in public to promote openness and transparency. The Commission will prepare a written statement of reasons of its internal review decision which will be provided to the applicant.

The internal review process will create an internal feedback loop for decisions made by the Commission, which is expected to aid continuous improvement in decision-making.

Implementation

When did the VCGLR come into operation?

The VCGLR commenced operations on the 6 February 2012.

How will the VCGLR minimise the disruption to industry in the transition to the new organisation?

The VCGLR is committed to a smooth transition to the new organisation. Our contact centre provides a single initial point of contact for receiving enquiries about gambling and liquor regulatory activities and complaints.

How will VCGLR contribute to reducing alcohol related violence?

The role of the VCGLR is to deliver the objectives of the liquor and gambling acts – that is to achieve community benefits, minimise harm and develop responsible industries.

Through integrated liquor and gambling administration, the VCGLR has great capacity - supported by an experienced and flexible workforce - to deliver compliance, education and enforcement activities to achieve these objectives.

What relationship will the VCGLR have with the Responsible Gambling Foundation?

The relationship between the VCGLR and the Victorian Responsible Gambling Foundation will be determined once both organisations are established.

Liquor

Which businesses will be exempt from the requirement to hold a liquor licence?

Businesses where the supply of liquor is only a small part of the products and services on offer will be exempt from the requirement to hold a liquor licence. This includes some bed and breakfasts, hairdressers, florists, gift makers and butchers.

What criteria do I need to meet to be eligible for an exemption?

The business types that may be eligible for the small business exemption criteria are bed and breakfasts, butchers, hairdressers, florists and giftmakers. To find out the specific criteria required of each of these business types, visit the Small Business Exemption page.

How do I provide notification of my exemption?

To be exempt you need to notify the Victorian Commission for Gambling and Liquor Regulation that your business meets a particular set of criteria. You can do this by downloading and completing the Exempt Business Kit.

When can a business commence supplying liquor under the minor business exemption?

A business can start supplying liquor under this provision only once they have received an acknowledgement letter from the Victorian Commission for Gambling and Liquor Regulation (the VCGLR) about their exemption. The VCGLR will send an acknowledgement letter within 14 days of receiving the notification for an exempt business kit.

If I already hold a licence what should I do to become exempt?

If you hold a liquor licence but would like to be exempt, you should surrender your licence then notify the Victorian Commission for Gambling and Liquor Regulation (the VCGLR) of your exemption. The surrender form is attached to the Notification for an Exempt Business Kit that you will need to submit. Once the VCGLR receives the form, you will receive an acknowledgement letter within 14 days.

What happens if I fail to fulfil the criteria after an exemption has been approved?

Businesses that no longer meet the criteria, but continue to operate as though they are exempt, will be considered to be operating without a liquor licence. This is a very serious offence carrying a jail term of up to two years or a fine that exceeds $20,000.

What should I do if my business no longer falls under the exemption category?

You should apply for an appropriate liquor licence. To identify which liquor licence suits your business, visit Select the Right Liquor Licence.

What is the penalty for not displaying the correct signage?

The maximum penalty for non-display of signs exceeds $500 under Section 102 of the Liquor Control Reform Act 1998.

Responsible Service of Alcohol Training

Do licensees have to undertake Responsible Service of Alcohol training?

Existing licensees and their staff as of 1 January 2011 have until the end of 2011 to complete an approved Responsible Service of Alcohol (RSA) course if they have not completed one previously.

Staff without an RSA certificate, employed after 1 January 2011 will have one month from the date they are involved in the supply of alcohol to attend an approved RSA course.

From 1 January 2011, an applicant for a general, on-premises, packaged liquor and late night licence must complete an approved RSA course prior to the licence being granted.

All new staff will have one month from the date they are involved in the supply of alcohol to attend an approved RSA course.

Is it compulsory to have a Responsible Service of Alcohol qualification?

It is compulsory to have a Responsible Service of Alcohol (RSA) certificate if you work in a venue with a general, on-premises, late night or packaged liquor licence, such as a bottle shop. It is also compulsory in other situations where there is a condition on the liquor licence requiring the employment of RSA trained staff or if you are applying for a new liquor licence.

Note, that an underage person can obtain an RSA qualification, though they must wait until they are 18 to use it.

For information about underage persons on licensed premises visit Young People and Liquor Law

Can I use my Victorian Responsible Service of Alcohol certificate interstate?

Liquor legislation differs in each state and territory. You will have to check with the licensing authority in that state. 

Please see the list of interstate liquor licensing authorities below. 

Australian Capital Territory	Office of Regulatory Services	www.ors.act.gov.au
New South Wales	Liquor Administration Board	www.olgr.nsw.gov.au
Northern Territory	Licensing Commission	www.nt.gov.au/justice/commission
Queensland	Office of Liquor and Gaming Regulation	www.olgr.qld.gov.au
South Australia	Office of the Liquor and Gambling Commissioner	www.olgc.sa.gov.au
Tasmania	The Liquor and Gaming Branch	www.treasury.tas.gov.au
Western Australia	Department of Racing, Gaming and Liquor	www.rgl.wa.gov.au

 

Are there circumstances where a licensee may be granted an exemption from the requirement to undertake Responsible Service of Alcohol training?

Commissioners of the Victorian Commission for Gambling and Liquor Regulation (the VCGLR) have the discretion to exempt some licensees from the requirement to undertake Responsible Service of Alcohol (RSA) training. Commissioners may either choose to exempt a licensee or class of licensees without an application being made or may grant an application for an exemption. 

An exemption form can be found on the Exemption from RSA Training Requirements page. 

Is my interstate Responsible Service of Alcohol valid in Victoria?

If you have completed an RSA course in another state of Australia, you can apply to do a bridging course through the RSA Online Refresher, to have your certificate recognised in Victoria. To apply to do the bridging course, the following criteria must be met:   

• the interstate RSA course has been approved by that state or territory liquor licensing authority; and
• the RSA qualification is not older than 3 years; and
• the RSA qualification permits the holder of the qualification to work in any class/type of licensed premises; and
• the original certificate was attained through face-to-face training.

If your interstate RSA certificate does not meet the above criteria, your application to complete the bridging course will be declined.

Many Registered Training Organisations (RTOs) are approved to deliver the face-to-face course in Victoria. For a complete list of RTOs that deliver the approved course, refer to the Responsible Service of Alcohol Training page.

Do licensees need to keep a record of Responsible Service of Alcohol training?

Licensees subject to the Responsible Service of Alcohol (RSA) training requirement will need to maintain an up-to-date RSA program register. This register must record the following:

• this register should be readily accessible and available for inspection.
• name of the licensee and all serving staff or if the licensee is a body corporate, the name of the person responsible for management of the premises
• a copy of the RSA certificate and most recent refresher course acknowledgement if the RSA training was completed more than three years ago
• the date on which each person first sold, offered for sale or served liquor on the licensed premises.

I have lost my original Responsible Service of Alcohol certificate, how do I get a reprint?

If you require a reprint of your RSA certificate, simply contact the Victorian Commission for Gambling and Liquor Regulation by phoning 1300 182 457 or emailing contact@vcglr.vic.gov.au

Please note that there is a charge of $16.50 (including GST) for a replacement certificate. 

I have changed my name, and wish to update my Responsible Service of Alcohol certificate. How do I do this?

Currently, it is not a legal requirement to change the name on your Responsible Service of Alcohol (RSA) certificate. However, should you wish to change it, please contact the Victorian Commission for Gambling and Liquor Regulation by phoning 1300 182 457. You will need to mail a copy of the appropriate identification documents (such as marriage certificate or statutory declaration) to:

Victorian Commission for Gambling and Liquor Regulation, GPO Box 1988, Melbourne 3001

Liquor forums and accords

What is an accord?

An accord is a finalised agreement between Victoria Police, local government authority, licensees and Responsible Alcohol Victoria and is often the next step from a forum.

Who can set up a forum?

Forums are usually organised by the local licensing inspector, local council or a licensee.

Who normally participates in a forum?

A range of parties within the local community attends the meetings. Members include the local licensing inspector from Victoria Police and other appropriate police members, licensees in the relevant community, local government representatives and Victorian Commission for Gambling and Liquor Regulation representatives.

What is the Victorian Commission for Gambling and Liquor Regulation’s role at forums?

Victorian Commission for Gambling and Liquor Regulation’s role at accords is to update licensees on issues and changes in relation to the liquor legislation and to facilitate the relationship between various stakeholders.

A project officer from the Information and Training team attends the forum to answer general queries and distribute any publications and information that may assist licensees in meeting their obligations under the Liquor Control Reform Act 1998.

Do I have to join an accord if I am a licensee?

Currently, participating in an accord is voluntary. However, it is best practice to join an accord as it enables the local community to contribute in minimising harm associated with alcohol.

How do I find an accord in my region?

There are currently 89 local liquor forums operating in Victoria – 62 in regional areas, and 27 in Melbourne. For more information is available on the Forums and Accords page.

Compliance

What kind of training do the Compliance Directorate receive?

Compliance Inspectors complete a rigorous training program that provides them with a detailed knowledge of the liquor legislation. During their training they also work with Victoria Police and have direct involvement with the liquor industry associations. Visit the page Compliance Inspectors for more information. 

What happens during an inspection of a licensed premises?

Victoria Police and Victorian Commission for Gambling and Liquor Regulation’s Compliance Directorate work together to schedule planned inspections of licensed premises. However, each agency operates independently so while information will be shared, both agencies may decide to visit a licensed premises for different reasons.

Compliance Inspectors cover areas in both metropolitan and regional Victoria, 24-hours a day, seven days a week. They will be able to visit a premises at any time they are open for business. These visits may be unannounced or pre-arranged with the licensee. However, if a Compliance Inspector has an appropriate warrant, they are able to enter a licensed premises at any time. More information about what happens during and after an inspection are available from the Inspections page.

Enforcement

Other than fines, what enforcement outcomes are there?

Should a serious infringement of the Liquor Control Reform Act 1998 occur, Compliance Inspectors can make recommendations to the Victorian Commission for Gambling and Liquor Regulation to take appropriate action. Further information on enforcement action tools are available at the Enforcement Actions page. 

Will I be fined if I don't display a copy of my liquor licence on the licensed premises?

The maximum penalty is $611 for failing to display a copy of the liquor licence on the licensed premises.

The Liquor Control Reform Act 1998 allows the issue of infringement notices for specified issues of non-compliance. They are issued to licensees, underage persons and any person who is not compliant with the liquor law. More information is available at the Offences and Penalties page.