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The Victorian Commission for Gambling and Liquor Regulation (VCGLR) is the independent statutory authority that regulates Victoria's gambling and liquor industries.

Our vision is that Victorians and visitors enjoy safe and responsible gambling and liquor environments.
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Coronavirus (COVID-19) information for licensees

Other related content

VCGLR liquor and gaming inspectors and the Public Health Enforcement Team remain active during this time.

You must ensure your business is using QR codes/digital record keeping for contact tracing purposes. It is recommended that you remind guests to check-in when entering your venue even if their visit is less than 15 minutes.

The below information is sourced from the Department of Health and Human Services (DHHS) website. We make every attempt to keep the information on this site current and relevant for industry.

For the latest information, including the wearing of face masks visit the DHHS website or the Victorian Government COVIDSafe Settings page.  

From 11:59pm Thursday 15 July, in Victoria the following restrictions apply:

  • restaurants, pubs, bars, and clubs can offer takeaway or home delivery of food and alcohol. Dining in is not permitted. 
  • bottleshops remain open
  • casinos and gaming venues are closed.
Updated temporary policies for takeaway/home delivery and outdoor areas during COVID-19

In 2020, we introduced the temporary policies below due to the State of Emergency in respect of the COVID-19 pandemic.

Currently, the Victorian State Government can extend the State of Emergency until 15 December 2021. However, as each extension cannot exceed four weeks, the State of Emergency may end at any time before then.

As at 21 June 2021, please note the following updates to the VCGLR’s COVID-19 temporary policies.

 

Takeaway and home delivery COVID-19 temporary policy

This policy enables holders of permanent licences who would not ordinarily have authority to supply packaged liquor the ability to apply for a temporary limited licence (TLL) to supply limited quantities of liquor for takeaway and home delivery. These applications are generally processed within three business days. 

This temporary policy will remain in place until the State of Emergency ends. If a permanent licensee is granted a TLL under this policy, the licence will expire when the State of Emergency expires.

If permanent licensees want to continue to supply packaged liquor after the State of Emergency expires, they may want to consider applying to vary the category of their permanent licence to a general licence which, if granted, will allow the supply of liquor for consumption on and off the premises.  

For more information on this temporary policy and how to apply for a TLL under this policy see the dropdown “Takeaway and home delivery COVID-19 temporary policy” below.

 

Public outdoor area temporary policy COVID-19 (seated drinking)

This policy enables permanent licensees to apply for a temporary limited licence (TLL) to authorise the supply of liquor for consumption in a public outdoor area that is not licensed under their permanent licence. These applications are processed generally within three business days.

If a permanent licensee is granted a TLL under this policy, the licence will expire when temporary permission from local council to use the outdoor area expires.

This temporary policy will continue to operate until three months after the State of Emergency expires. This means we will continue to accept TLL applications under this policy until three months after the State of Emergency expires.

If permanent licensees want authority to continue to supply liquor in public outdoor areas after the temporary permission from local council expires, they may want to consider applying to vary the licensed (red-line) area of their permanent licence to include the outdoor area. They should consider doing this in advance of this policy ending, as the application is likely to take at least eight weeks to process due to the application being served on Victoria Police and local council, as well as the requirement for the application to be publicly displayed.

For more information on this temporary policy (and how to apply for a TLL under this policy), see the dropdown “Public outdoor area COVID-19 temporary policy (seated drinking)” below.

 

Privately-owned outdoor area COVID-19 temporary policy (seated drinking)

This policy enables permanent licensees to apply for a temporary limited licence (TLL) to authorise the supply of liquor for consumption in a privately-owned outdoor area that is not licensed under their permanent licence.

When this temporary policy commenced in September 2020, it was intended that the policy would end on 30 June 2021. This meant TLLs granted under this policy had a condition stating that the licence would expire on the earlier date of either the owner withdrawing their permission or 30 June 2021.

As at 21 June 2021, this temporary policy will remain in place until three months after the State of Emergency expires, subject to the following changes:

  • If a permanent licensee would like authority to supply liquor in a privately-owned outdoor area for a period of three months or less, an application for a TLL should be made and the application will be generally processed within three business days.
  • If a permanent licensee would like authority to supply liquor in a privately-owned outdoor area for a period of more than three months, two applications for TLLs should be made.
    • The first application will be generally processed within three business days, and if granted, will be expire three months after the licence is granted.
    • The second application will take at least eight weeks to process, and if granted, will expire on 15 March 2022 (this date being three months after the latest legislated end date of the State of Emergency). The second application must be publicly displayed for 28 days, and we will serve a copy of the application on Victoria Police and local council for feedback.

Please note:

  1. If as at 21 June 2021 the permanent licensee already holds a privately-owned outdoor area TLL that expires on 30 June 2021, they will be eligible to apply for a new TLL that if granted, will expire three months after the grant of the licence. If they would like to supply liquor in the privately-owned outdoor area for longer than three months, a second application must be made as outlined above.
  2. If a permanent licensee applies for only one privately-owned outdoor area TLL, which is granted, and three months later applies for a second privately-owned outdoor area TLL, that second application will be subject to public display requirements and served on local council and police. In this situation, as the first privately-owned outdoor area TLL would have expired after three months, the licensee must cease supplying liquor in the privately-owned outdoor area whilst the second application is being processed. That is why the licensee should apply for two privately-owned outdoor area TLLs at the same time.

For more information on this temporary policy (and how to apply for a TLL or TLLs under this policy), see the dropdown "Privately owned outdoor areas COVID-19 temporary policy (seated drinking)" below.  

Public outdoor area COVID-19 temporary policy (seated drinking)

We have introduced a streamlined approach to help existing licensees temporarily use public outdoor areas to supply liquor, as outlined in the Coronavirus (COVID-19) roadmap to reopening.

Existing licensees will first need written permission from their local council to use public external/outdoor areas that are not currently authorised under the licensee’s existing permanent liquor licence.

If you have council permission to use the outdoor area, and you subsequently apply for a temporary limited licence (outdoor area temp licence) this may be granted and a licence issued to you that allows the supply of liquor in the outdoor area.

As of 1 January 2021, there will be a fee of $116.30 to apply for a new outdoor area temp licence. 

If you would like to temporarily supply liquor in an outdoor area that falls outside the red-line plan of your existing permanent licence, and the land is privately-owned, please refer to content under the heading “Privately owned outdoor area COVID-19 temporary policy (seated drinking)": Temporary Limited Licence available for external, outdoor areas to supply liquor (outdoor area temp licence)”.

If you would like to temporarily supply liquor in an outdoor area where patrons are not required to be seated refer to the content under the heading “Outdoor area COVID-19 temporary policy (non-seated drinking)": Temporary Limited Licence for external, outdoor areas to supply liquor - (outdoor area temp licence)”.

If you are a BYO permittee, please refer to content under the heading “Outdoor area COVID-19 temporary policy (information BYO permittees)": BYO permittees and Temporary Limited Licence available for external, outdoor areas to supply liquor (outdoor area temp licence)”.

Eligibility to apply

Eligible licence types

You must hold one of the following permanent licence types to be eligible for an outdoor area temp licence in relation to a public outdoor area:

  • Club licence (full club or restricted club)
  • On-premises licence or late night (on-premises) licence
  • Restaurant and cafe licence
  • Producer’s licence
  • Renewable limited licence that allows on-premises consumption.

General or late night (general) licences

If you hold a general or late night (general) liquor licence, you may not need to apply for an outdoor area temp licence because, subject to you complying with council’s local laws and/or planning requirements, you can already supply liquor in outdoor areas being footpaths or kerbside areas under your existing licence (see the VCGLR’s Plan of licensed premises factsheet here).

However, if you have a specific condition on your general or late night (general) licence restricting the supply of liquor for consumption off the premises, or want to supply liquor in an outdoor area other than in a footpath or kerbside area, you should apply for an outdoor area temp licence.

Requirements when applying and processing times

To apply for an outdoor area temp licence in relation to a public outdoor area, you will need to provide the following documents from your local council with your application:

1. Written permission from your local council allowing you to use the outdoor area (this may be a permit, licence, or letter issued by the local council). Please ensure that this permission has an end date. The absence of an end or expiry date will delay the processing of your application.

2. A plan that clearly describes the boundary of the outdoor area endorsed by your local council (this can be part of the written permission under item 1).

3. Specified trading hours for the outdoor area, from your local council (this may be part of the written permission under item 1).

In providing these documents, the VCGLR will endeavour to process your application within three (3) business days. If your application is missing any of these documents, this will cause delay and you will be contacted and asked to submit the missing documents.

In certain circumstances the VCGLR may need to seek further information which may also cause delay.

Note. if there is an existing leased area arrangement relating to outdoor dining between a local council and an existing licensee, the above document requirements do not apply. Instead, the document requirements are those required in relation to an outdoor area temp licence in relation to privately-owned outdoor areas. In these circumstances, please refer to content under the heading “Privately owned outdoor area COVID-19 temporary policy (seated drinking)": Temporary Limited Licence available for external, outdoor areas to supply liquor (outdoor area temp licence)”.

Limitations

If an outdoor area temp licence in relation to a public outdoor area is issued, you must adhere to the following limitations:

  • Food must be available for purchase at all times when liquor is being supplied.
  • The consumption of liquor may only occur when patrons are seated.
  • The licensee will not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of any outdoor area where the supply and/or consumption of liquor occurs under this licence.
  • The licensee must make available for inspection by a VCGLR gambling and liquor inspector or Victoria Police a copy of the local council’s written permission to use the outdoor area (for example, a permit, licence or letter issued by the local council), including any plan of the outdoor area and the boundary.
  • Trading hours are the lesser of the hours permitted under any Victorian Government directions and/or restrictions in relation to COVID-19, or local council’s written permission to use the outdoor area, or your permanent licence.
  • Maximum patron numbers are the lesser of those permitted under any Victorian Government directions and/or restrictions, or local council’s written permission to use the outdoor area (if patron numbers are specified).
  • The outdoor area temp licence will expire once your local
  • council permission expires.

Nothing in the outdoor area temp licence in relation to a public outdoor area overrides:

  • any Victorian Government directions and/or restrictions in relation to COVID-19
  • local laws, planning schemes including conditions on planning permits, and/or local council requirements, including any limitations in relation to trading hours or maximum capacities as determined by local council.

Making an application

To make an application for an outdoor area temp licence in relation to a public outdoor area, see: Application for a temporary limited licence

Please note there may be content on the online temporary limited licence webpage that may not be applicable to you when applying for an online outdoor area temp licence. For detailed instructions to guide you in lodging an online application for an outdoor area temp licence in relation to public outdoor areas, click here

The required steps when applying for an outdoor area temp licence in relation to a public outdoor area, to ensure your application can be accepted are as follows:

  • Set your first event date as the first day you wish to supply liquor, confirm that you will be using public land, and that you have permission to use that land.
  • Ensure that you include your permanent licence number.
  • When prompted to choose an event type, please select “Temporary extension of permanent licence”.
  • Select “No” for extension of hours and “No” for event at your premises, and “yes” for extension of your licensed area.
  • For event occurrences, include the first day you wish to trade, and include the trading hours as they appear on the lesser of your council permit or your permanent liquor licence.
     
    • Note your outdoor area temp licence will expire once your local council permission expires.
  • In the additional information box, please advise that this application is for outdoor dining as a result of the COVID-19 pandemic
  • You must attach your permit/permission from your local council, your plan as endorsed by your local council, and trading hours endorsed by your local council

What to do if your council permission is extended?

If the date to which you are permitted to use the area on your outdoor area temp licence is extended by your local council, please advise the VCGLR. There is no need to apply for a new outdoor area temp licence.

To inform the VCGLR of your council permission being extended please email the VCGLR at [email protected]. When emailing the VCGLR please include “Outdoor area temp extension” and the licence number of your outdoor area temp licence (this is located on the licence and should begin with the number ‘9’) in the subject line. You must also attach evidence of this permission from council, which may take the form of a letter, an email, or may be a permit.

Prior to contacting the VCGLR, please contact your local council to see if they intend to inform the VCGLR on your behalf that your council permission has been extended (in which case you do not need to advise the VCGLR).

Other useful information

Preparing your outdoor area and reducing risks where dining spaces are near roads and moving vehicles

For advice on how to prepare your outdoor area for outdoor dining, you may want to refer to the Business Victoria “Industry Restart Guidelines – Hospitality” available at this webpage.

You are also encouraged to refer to the Crowded Places Strategy to ensure relevant risk mitigation processes are being employed, particularly for dining spaces near roads and moving vehicles.

Meaning of “outdoors”

Guidance on the meaning of “outdoors” is contained in a document called “Regional Victoria – Third Step”, which was part of the Statement from the Premier dated 15 September 2020. A copy of “Regional Victoria – Third Step” is available here.

In that document, “outdoors” means:

  • a space with no roof; or
  • an open-air space designated for the consumption of food and/or beverage, which may have a temporary or fixed cover (e.g. awning or roof) so long as such cover has at least two open sides to the outdoors for airflow.

Examples used include:

  • balcony or veranda, courtyard, rooftop, marquee, street or footpath, any similar outdoor area.
Privately-owned outdoor area COVID-19 temporary policy (seated drinking)

We have introduced a streamlined approach to help existing licensees apply for a temporary limited licence (outdoor area temp licence) to temporarily use privately-owned outdoor areas to supply liquor during the State of Emergency.

The use of privately-owned outdoor areas by existing licensees cover two scenarios.

First, where the outdoor area is on the same certificate of title as the licensed premises, but the current red-line plan does not extend to the outside area. Examples include carpark areas or areas used for waste disposal for licensed premises.

Second, where the outdoor area is not on the same certificate of title as the licensed premises. Examples include a neighbouring, vacant privately-owned land or private outdoor carpark.

To apply, what is required from you depends on the period of time that you would like supply liquor in the privately-owned outdoor area. If you wish to use the privately-owned outdoor area for three months or less, you are only required to make one application for an outdoor area temp licence. If you wish to supply liquor in this outdoor area for longer than three months, at the same time as making the first application you should also make a second application for an outdoor area temp licence. This second application will be required to be publicly displayed and will be served on Victoria Police and your local council for comment.

If you do make two applications, if your first application is granted, the outdoor area temp licence will expire three months after the licence is granted and you can use this first licence whilst your second application is being processed.

If your second application is granted, it will expire on 15 March 2022 (this date being three months after the latest legislated end date of the State of Emergency).

This two applications approach is designed to balance the desire of licensees to be able to use a privately-owned outdoor area to supply liquor against potential alcohol-related and amenity risks to the local area.

As of 1 January 2021, there will be a fee of $116.30 associated with this application and if you are applying for a second outdoor area temp licence that extends beyond the initial licence granted for a three month period, you will have your second application fee refunded.

If you would like to temporarily supply liquor in an outdoor public area, please refer to the content under the heading “Public outdoor area COVID-19 temporary policy (seated drinking)”.

If you would like to temporarily supply liquor in an outdoor area where patrons are not required to be seated, please refer to the content under the heading "Outdoor area COVID-19 temporary policy (non-seated drinking".

If you are a BYO permittee, please refer to content under the heading “Outdoor area COVID-19 temporary policy (information for BYO permittees)”.

 

What permissions do I need?

Permission from owner

If you have permission from the owner to use the privately-owned outdoor area(s), you can subsequently apply for a temporary limited licence (outdoor area temp licence) via the VCGLR’s online application webpage.

If you are seeking an outdoor area temp licence where the privately-owned outdoor area is NOT on the same certificate of title as the licensed premises for your permanent licence, you must attach a copy of written permission from the owner of the outdoor area.

If you are seeking an outdoor area temp licence where the privately-owned outdoor area is on the same certificate of title as the licensed premises for your permanent licence, but the current red-line plan does not extend to the outside area, the VCGLR does not require you to provide evidence of written permission from the owner of the licensed premises.

However please note when making an online application for an outdoor area temp licence, you are required to answer a series of questions including if you have permission. Further, prior to lodging the application you are required to declare that information in the application and any attachments are true and correct, and that you understand it is an offence under section 118 of the Liquor Control Reform Act 1998 to make a statement that is false or misleading.

 

Permission from council

The VCGLR does not require an applicant for an outdoor area temp licence to provide evidence of permission from local council in relation to the use of a privately-owned outdoor area.

However, please note that if the VCGLR grants you an outdoor area temp licence, while the licence provides you with authority to supply liquor in the privately-owned outdoor area, it does not provide you with authority to use that privately-owned outdoor area.

Local councils have different planning schemes, local laws and other requirements in relation to the use of privately-owned outdoor areas. You are strongly encouraged to contact your local council in relation to the use of a privately-owned outdoor area to ensure you are complying with their requirements. Nothing in an outdoor area temp licence will override these requirements.

 

Eligibility to apply

Eligible licence types

You must hold one of the following permanent licence types to be eligible for an outdoor area temp licence in relation to a privately-owned outdoor area:

  • Club licence (full club or restricted club)
  • General or late night (general) licence
  • On-premises licence or late night (on-premises) licence
  • Restaurant and cafe licence
  • Producer’s licence
  • Renewable limited licence that allows on-premises consumption.

 

 

Requirements when applying, processing times and trading hours

Application requirements

To apply for an outdoor area temp licence in relation to a privately-owned outdoor area, you will need to provide the following documents with your application:

1. If you are seeking an outdoor area temp licence where the outdoor area is NOT on the same certificate of title as the licensed premises for your permanent licence, you must provide written permission from the owner of that premises.

Note: If you are seeking an outdoor area temp licence where the outdoor area is on the same certificate of title as the licensed premises for your permanent licence, but the current red-line plan does not extend to the outside area, you do not need to provide written permission from the owner of the licensed premises.

2. A plan that clearly describes the boundary of the privately-owned outdoor area (for assistance in developing this plan, see the VCGLR’s Plan of licensed premises factsheet here).

Note. If you have an existing lease arrangement relating to the outdoor area with your local council, the above document requirements apply.

Processing times and trading hours

In providing these documents, the VCGLR will endeavour to process your application - to use the privately-owned outdoor area for three months - within three (3) business days. If your application is missing any of these documents, this will cause delay and you will be contacted and asked to submit the missing documents.

In certain circumstances the VCGLR may need to seek further information which may also cause delay.

If you make a second application to use the privately-owned outdoor area for a period beyond three months, this application may take more than eight weeks to determine. This is because you will be required to display the application for 28 days, and there is a 30 day period for public objection that begins when the application is first displayed. The application will also be served on Victoria Police and your local council, and they will at least have 30 days to object.

If objections are received to your application, this may mean that the determination of your application takes longer than eight weeks.

If the VCGLR grants you an outdoor area temp licence in relation to a privately-owned outdoor area, trading will not be permitted after 11pm and trading hours will otherwise be the lesser of the hours permitted under:

  • any Victorian Government directions and/or restrictions in relation to COVID-19
  • your permanent licence.

Please also note that if your first application seeks trading hours after 11pm, the VCGLR will seek comment from both your local council and Victoria Police, and this will cause delay to the VCGLR determining your application.

 

Limitations

If an outdoor area temp licence in relation to a privately-owned outdoor area is issued, you must adhere to the following limitations:

  • Food must be available for purchase at all times when liquor is being supplied.
  • The consumption of liquor may only occur when patrons are seated.
  • The licensee will not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of any outdoor area where the supply and/or consumption of liquor occurs under this licence.
  • The licensee must make available for inspection by a VCGLR gambling and liquor inspector or Victoria Police a copy of the red-line plan for the outdoor area endorsed by the VCGLR.
  • No trading after 11pm is permitted, otherwise trading hours are the lesser of the hours permitted under any Victorian Government directions and/or restrictions in relation to COVID-19 or your permanent licence.
  • Maximum patron numbers are limited by any Victorian Government directions and/or restrictions.
  • The outdoor area temp licence from your first application will expire on the earlier of three months after the grant of the licence or the owner of the privately-owned outdoor area withdrawing their permission.
  • The outdoor area temp licence from your second application will expire on the earlier of 15 March 2022 or the owner of the privately-owned outdoor area withdrawing their permission.

 

Nothing in the outdoor area temp licence overrides:

  • any Victorian Government directions and/or restrictions in relation to COVID-19
  • local laws, planning schemes including conditions on planning permits, and/or local council requirements, including any limitations in relation to trading hours or maximum capacities that may be determined by local council.

 

Making an application

To make an application for an outdoor area temp licence in relation to a privately-owned outdoor area, see https://liquor.vcglr.vic.gov.au/templicence/.

Please note there may be content on the online temporary limited licence webpage that may not be applicable to you when applying for an online outdoor area temp licence. For detailed instructions to guide you in lodging an online application for an outdoor area temp licence in relation to privately-owned outdoor areas, click here.

The required steps when applying for an outdoor area temp licence in relation to a privately-owned outdoor area, to ensure your application can be accepted are as follows:

  • Set your first event date as the first day you wish to supply liquor, confirm that you will be using private land, and that you have permission to use that land.
  • Ensure that you include your permanent licence number.
  • When prompted to choose an event type, please select “Temporary extension of permanent licence”.
  • Select “No” for extension of hours and “No” for event at your premises, and “yes” for extension of your licensed area.
  • For event occurrences, include the first day you wish to trade, and include that are no later than 11pm, or otherwise the hours as they appear on your permanent liquor licence.
    • Note if granted, your first outdoor area temp licence will expire on the earlier of three months after the day the application is granted or the owner withdrawing their permission. If you make a second application at the same time, this second licence will last until March 2022.
  • In the additional information box, for your first application please advise that this application is for outdoor dining as a result of the COVID-19 pandemic. If you are making a second application, please include that it is your second application and include your application reference number, which should start with “21-…”
  • You must attach:
    • a red-line plan of the privately-owned outdoor area, and
    • if the outdoor area is NOT on the same certificate of title as the licensed premises for your permanent licence, you must provide written permission from the owner of the outdoor area.

Payment for applications

In order for an application to be accepted, the VCGLR’s applications portal must receive payment of the application fee. However, in recognition that you are required to make two applications, the VCGLR will refund your renewal fee for your second application.

This refund will occur within 14 days.

Extending hours on New Year’s Eve

If you would like to supply liquor beyond 11pm on New Year’s Eve in a privately-owned area licensed by an outdoor area temp, you may apply for a temporary licence to extend these hours.

When making an application for an extension of hours for your privately-owned outdoor area temp, you must include evidence from your local council that they do not object to you supplying liquor during the hours your application is for. You must also ensure that the owner of the land does not object to it being used over these hours Please ensure that you include your outdoor area temp licence number in your application. For more information on how to apply for an extension of hours on New Year’s Eve see this page.

There is no fee for making this application and whilst the VCGLR will endeavour to determine these as quickly as possible, depending on the particular circumstances of an application it may take up to six weeks.

 

Other useful information

Preparing your outdoor area and reducing risks where dining spaces are near roads and moving vehicles

For advice on how to prepare your outdoor area for outdoor dining, you may want to refer to the Business Victoria “Industry Restart Guidelines – Hospitality” available at this webpage.

You are also encouraged to refer to the Crowded Places Strategy to ensure relevant risk mitigation processes are being employed, particularly for dining spaces near roads and moving vehicles.

Meaning of “outdoors”

Guidance on the meaning of “outdoors” is contained in a document called “Regional Victoria – Third Step”, which was part of the Statement from the Premier dated 15 September 2020. A copy of “Regional Victoria – Third Step” is available here. [Strat Comms, please upload this embedded document]

In that document, “outdoors” means:

  • a space with no roof; or
  • an open-air space designated for the consumption of food and/or beverage, which may have a temporary or fixed cover (e.g. awning or roof) so long as such cover has at least two open sides to the outdoors for airflow.

Examples used include:

  • balcony or veranda, courtyard, rooftop, marquee, street or footpath, any similar outdoor area.

 

Outdoor area COVID-19 temporary policy (information for BYO permittees)

As an existing BYO permittee, you are permitted to allow patrons to bring their own liquor to be consumed in your licensed premises (that is, the red-line area), but you cannot supply (including sell) liquor to patrons.

We have introduced a streamlined approach to help existing BYO permittees apply for an outdoor area temp licence. This will allow you to temporarily use outdoor to supply (and sell) liquor as outlined in the Coronavirus (COVID-19) roadmap to reopening.

As of 1 January 2021, there will be a fee of $116.30 associated with this application.

If you are granted an outdoor area temp licence, you will have authority to temporarily:

  • supply (including sell) liquor in the identified outdoor area, and
  • also supply (including sell) liquor within the existing red-line area associated with your current BYO permit (if you request to do so).

In addition, if you apply for and are granted an outdoor area temp licence, you can continue to allow patrons to bring their own liquor for consumption on your premises (which is the identified outdoor area, and the red-line area associated with your BYO permit if requested), provided that:

  • the predominant activity carried on your licensed premises is the preparation and serving of meals for consumption on the licensed premises, and
  • tables and chairs are placed in position on your licensed premises so as to be available for at least 75% of the patrons attending the premises at any one time.

 

What permissions do I need to apply for an outdoor area temp licence?

This depends on whether you apply for an outdoor area temp licence in relation to public outdoor areas or privately-owned outdoor areas.

Public external/outdoor areas - Permission from local council

In relation to using public external/outdoor areas, existing permittees will first need written permission from their local council where those areas do not fall within the red-line plan associated with their BYO permit licence.

Privately-owned external/outdoor areas - Permission from owner

In relation to using privately-owned external/outdoor areas:

  • if you are seeking an outdoor area temp licence where the privately-owned outdoor area is NOT on the same certificate of title as the licensed premises for your BYO permit, you must attach a copy of the written permission from the owner of the outdoor area
  • if you are seeking an outdoor area temp licence where the privately-owned outdoor area is on the same certificate of title as the licensed premises for your BYO permit but the current red-line plan does not extend to the outside area, the VCGLR does not require you to provide evidence of written permission from the owner of the outdoor area.

However please note when making an online application for an outdoor area temp licence, you are required to answer a series of questions including if you have permission. Further, prior to lodging the application you are required to declare that information in the application and any attachments are true and correct, and that you understand it is an offence under section 118 of the Liquor Control Reform Act 1998 to make a statement that is false or misleading.

Note: if the VCGLR grants you an outdoor area temp licence, while the licence provides you with authority to supply liquor in the privately-owned outdoor area, it does not provide you with authority to use that privately-owned outdoor area. Local councils have different planning schemes, local laws and other requirements in relation to the use of privately-owned outdoor areas. You are strongly encouraged to contact your local council in relation to the use of a privately-owned outdoor area to ensure you are complying with their requirements. Nothing in an outdoor area temp licence will override these requirements.

 

Requirements when applying for an outdoor area temp licence

Application requirements in relation to public outdoor areas

To apply for an outdoor area temp licence in relation to a public outdoor area, you will need to provide the following documents from your local council with your application:

1. Written permission from your local council allowing you to use the outdoor area (this may be a permit, licence, or letter issued by the local council). Please ensure that this permission has an end date. The absence of an end or expiry date will delay the processing of your application.

2. A plan that clearly describes the boundary of the outdoor area endorsed by your local council (this can be part of the written permission under item 1).

3. Specified trading hours for the outdoor area, from your local council (this may be part of the written permission under item 1).

Note. if there is an existing leased area arrangement relating to outdoor dining between a local council and an existing permittee, the above document requirements do not apply. Instead, the document requirements are those required in relation to an outdoor area temp licence in relation to privately-owned outdoor areas. In these circumstances, please refer to below to application requirements in relation to privately-owned outdoor areas.

Processing times and trading hours in relation to public outdoor areas

In providing these documents, the VCGLR will endeavour to process your application for a public outdoor area temp licence within three (3) business days. If your application is missing any of these documents, this will cause delay and you will be contacted and asked to submit the missing documents.

In certain circumstances the VCGLR may need to seek further information which may also cause delay.

If the VCGLR grants you a public outdoor area temp licence, trading hours are the lesser of the hours permitted under any Victorian Government directions and/or restrictions in relation to COVID-19, or local council’s written permission to use the outdoor area, or your BYO permit.

Application requirements in relation to privately-owned outdoor areas

To apply for an outdoor area temp licence in relation to a privately-owned outdoor area, you will need to provide the following documents with your application:

1. If you are seeking an outdoor area temp licence where the privately-owned outdoor area is NOT on the same certificate of title as the licensed premises associated with your existing BYO permit, you must provide written permission from the owner of that premises.

Note: If you are seeking an outdoor area temp licence where the outdoor area is on the same certificate of title as the licensed premises for your existing BYO permit, but the current red-line plan does not extend to the outside area, you do not need to provide written permission from the owner of the licensed premises.

2. A plan that clearly describes the boundary of the privately-owned outdoor area (for assistance in developing this plan, see the VCGLR’s Plan of licensed premises factsheet here).

Note. If you have an existing lease arrangement relating to the outdoor area with your local council, the above document requirements apply.

If you wish to use the privately-owned outdoor area for three months or less, you are only required to make one application for an outdoor area temp licence. If you wish to supply liquor in this outdoor area for longer than three months, at the same time as making the first application you should also make a second application for an outdoor area temp licence. This second application will be required to be publicly displayed and will be served on Victoria Police and your local council for comment.

If you do make two applications, if your first application is granted, the outdoor area temp licence will expire three months after the licence is granted and you can use this first licence whilst your second application is being processed.

If your second application is granted, it will expire on 15 March 2022 (this date being three months after the latest legislated end date of the State of Emergency).

This two applications approach is designed to balance the desire of licensees to be able to use a privately-owned outdoor area to supply liquor against potential alcohol-related and amenity risks to the local area.

If you do make two applications you will have your second application fee refunded.

Processing times and trading hours in relation to privately-owned outdoor areas

In providing these documents, the VCGLR will endeavour to process your application - to use the privately-owned outdoor area for three months - within three (3) business days. If your application is missing any of these documents, this will cause delay and you will be contacted and asked to submit the missing documents.

In certain circumstances the VCGLR may need to seek further information which may also cause delay.

If you make a second application to use the privately-owned outdoor area for a period beyond three months, this application may take more than eight weeks to determine. This is because you will be required to display the application for 28 days, and there is a 30 day period for public objection that begins when the application is first displayed. The application will also be served on Victoria Police and your local council, and they will at least have 30 days to object.

If objections are received to your application, this may mean that the determination of your application takes longer than eight weeks.

If the VCGLR grants you an outdoor area temp licence in relation to a privately-owned outdoor area, trading will not be permitted after 11pm and trading hours will otherwise be the lesser of the hours permitted under:

  • any Victorian Government directions and/or restrictions in relation to COVID-19
  • your permanent licence.

Please also note that if your first application seeks trading hours after 11pm, the VCGLR will seek comment from both your local council and Victoria Police, and this will cause delay to the VCGLR determining your application.

 

Limitations

If an outdoor area temp licence is issued, you must adhere to the following limitations:

  • Food must be available for purchase at all times when liquor is being supplied or consumed.
  • The consumption of liquor may only occur when patrons are seated.
  • If you would like to temporarily supply liquor in an outdoor area where patrons are not required to be seated refer to the content under the heading “Outdoor area COVID-19 temporary policy (non-seated drinking)”. You must not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of any outdoor area where the supply and/or consumption of liquor occurs under this licence.
  • For public outdoor areas–
    • You must make available for inspection by a VCGLR gambling and liquor inspector or Victoria Police:
      • a copy of the local council’s written permission to use the outdoor area (for example, a permit, licence or letter issued by the local council), including any plan of the outdoor area and the boundary, and
      • a copy of the red-line plan endorsed by the VCGLR associated with your existing BYO permit.
    • Maximum patron numbers are the lesser of those permitted under any Victorian Government directions and/or restrictions, or local council’s written permission to use the outdoor area (if patron numbers are specified).
    • The outdoor area temp licence will expire once your local council permission expires.
       
  • For privately-owned outdoor areas–
    • you must make available for inspection by a VCGLR gambling and liquor inspector or Victoria Police copies of (a) the VCGLR-endorsed red-line plan for the outdoor area, and (b) the VCGLR-endorsed red-line plan associated with your BYO permit.
    • Maximum patron numbers are limited by any Victorian Government directions and/or restrictions.
  • The outdoor area temp licence from your first application will expire on the earlier of three months after the grant of the licence or the owner of the privately-owned outdoor area withdrawing their permission.
  • The outdoor area temp licence from your second application will expire on the earlier of 15 March 2022 or the owner of the privately-owned outdoor area withdrawing their permission.

Nothing in the outdoor area temp licence overrides:

  • any Victorian Government directions and/or restrictions in relation to COVID-19
  • trading local laws, planning schemes includind conditions on planning permits, and/or local council requirements, including any limitations in relation to trading hours or maximum capacities that may be determined by local council.

 

Making an application in relation to a public outdoor area

To make an application for an outdoor area temp licence in relation to a public outdoor area, see: Application for a temporary limited licence. To make an application in relation to a privately-owned outdoor area, see next section below.

Please note there may be content on the online temporary limited licence webpage that may not be applicable to you when applying for an online outdoor area temp licence. For detailed instructions to guide you in lodging an online application for an outdoor area temp licence in relation to public outdoor areas, click here. 

The required steps when applying for an outdoor area temp licence in relation to a public outdoor area, to ensure your application can be accepted are as follows:

  • Set your first event date as the first day you wish to supply liquor, confirm that you will be using public land, and that you have permission to use that land.
  • Ensure that you include your BYO permit number.
  • When prompted to choose an event type, please select “Temporary extension of permanent licence”.
  • Select “No” for extension of hours and “No” for event at your premises, and “yes” for extension of your licensed area.
  • For event occurrences, include the first day you wish to trade, and include the trading hours as they appear on the lesser of your council permit or your permanent liquor licence.
    • Note your outdoor area temp licence will expire once your local council permission expires.
  • In the additional information box, please advise that this application is for outdoor dining as a result of the COVID-19 pandemic. If in addition to the outdoor area you also wish to supply liquor within the red-line plan associated with your BYO permit, please indicate so at this stage.
  • You must attach your permit/permission from your local council, your plan as endorsed by your local council, and trading hours endorsed by your local council

 

 

Making an application in relation to a privately-owned outdoor area

To make an application for an outdoor area temp licence in relation to a privately-owned outdoor area, see https://liquor.vcglr.vic.gov.au/templicence/.

Please note there may be content on the online temporary limited licence webpage that may not be applicable to you when applying for an online outdoor area temp licence. For detailed instructions to guide you in lodging an online application for an outdoor area temp licence in relation to privately-owned outdoor areas, click here. 

The required steps when applying for an outdoor area temp licence in relation to a privately-owned outdoor area, to ensure your application can be accepted are as follows:

  • Set your first event date as the first day you wish to supply liquor, confirm that you will be using private land, and that you have permission to use that land.
  • Ensure that you include your permanent licence number.
  • When prompted to choose an event type, please select “Temporary extension of permanent licence”.
  • Select “No” for extension of hours and “No” for event at your premises, and “yes” for extension of your licensed area.
  • For event occurrences, include the first day you wish to trade, and include that are no later than 11pm, or otherwise the hours as they appear on your permanent liquor licence.
    • Note if granted, your first outdoor area temp licence will expire on the earlier of three months after the day the application is granted or the owner withdrawing their permission. If you make a second application at the same time, this second licence will last until March 2022.
  • In the additional information box, for your first application please advise that this application is for outdoor dining as a result of the COVID-19 pandemic. If you are making a second application, please include that it is your second application and include your application reference number, which should start with “21-…”
  • You must attach:
    • a red-line plan of the privately-owned outdoor area, and
    • if the outdoor area is NOT on the same certificate of title as the licensed premises for your permanent licence, you must provide written permission from the owner of the outdoor area.

Extended hours over New Year’s Eve

In a public area licensed under an outdoor area temp licence, you may supply liquor, or allow liquor to be consumed, until the earlier of 1am the next day or what your planning permission allows. If you would like to supply liquor, or allow liquor to be consumed, in your outdoor area after 1am, then you may apply for a temporary limited licence to extend your hours as described on this page. Please ensure that you include your outdoor area temp licence number in your application.

If you would like to supply liquor, or allow liquor to be consumed, beyond 11pm on New Year’s Eve in a privately-owned area licensed by an outdoor area temp, then you may apply for a temporary licence to extend these hours.

When making an application for an extension of hours for your privately-owned outdoor area temp, you must include evidence from your local council that they do not object to you supplying liquor, or allowing liquor to be consumed, during the hours your application is for. You must also ensure that the owner of the land does not object to it being used over these hours. For more information on how to apply for an extension of hours on New Year’s Eve see this page. Please ensure that you include your outdoor area temp licence number in your application.

Application fees are currently being waived and there is no fee for making this application and whilst the VCGLR will endeavour to determine these as quickly as possible, depending on the particular circumstances of an application it may take up to six weeks.

 

Other useful information

Preparing your outdoor area and reducing risks where dining spaces are near roads and moving vehicles

For advice on how to prepare your outdoor area for outdoor dining, you may want to refer to the Business Victoria “Industry Restart Guidelines – Hospitality” available at this webpage.

You are also encouraged to refer to the Crowded Places Strategy to ensure relevant risk mitigation processes are being employed, particularly for dining spaces near roads and moving vehicles.

 

Meaning of “outdoors”

Guidance on the meaning of “outdoors” is contained in a document called “Regional Victoria – Third Step”, which was part of the Statement from the Premier dated 15 September 2020. A copy of “Regional Victoria – Third Step” is available here.

In that document, “outdoors” means:

  • a space with no roof; or
  • an open-air space designated for the consumption of food and/or beverage, which may have a temporary or fixed cover (e.g. awning or roof) so long as such cover has at least two open sides to the outdoors for airflow.

Examples used include:

  • balcony or veranda, courtyard, rooftop, marquee, street or footpath, any similar outdoor area.
Outdoor area COVID-19 temporary policy (non-seated drinking)

We have previously introduced a streamlined approach to help existing licensees temporarily use outdoor areas to supply liquor for seated drinking.

Under this approach holders of a permanent liquor licence may apply to supply liquor to patrons in an outdoor area under an outdoor area temp licence.

Licensees can apply to supply liquor for seated drinking (refer to content under the heading "Privately-owned outdoor COVID-19 temporary policy (seated drinking)" and “Public outdoor area COVID-19 temporary policy (seated drinking)”).

We have now extended this approach to licensing outdoor areas in relation to non-seated drinking (patrons may stand when being supplied with or consuming liquor). This extension reflects changes to the Coronavirus (COVID-19) roadmap to reopening permitting non-seated patrons at licensed premises in Victoria. 

The following content applies to non-seated drinking in outdoor areas not currently licensed under an existing permanent licence only. If you only want an outdoor area temp licence for seated drinking, please refer to the above subheadings.

If you are the holder of an existing outdoor area temp licence that is limited to seated drinking only, and you want authority for non-seated drinking, please see Variation to your existing outdoor area temp licence to permit non-seated drinking below.

As of 1 January 2021, there will be a fee of $116.30 to apply for a new outdoor area temp licence, and a fee of $219.70 to vary an existing outdoor area temp licence to permit non-seated drinking. If you have an outdoor area that is licensed by your permanent licence, non-seated drinking is already permitted and, subject to the conditions on the permanent licence, you do not need to apply for a new temporary licence.

 

Eligibility to apply

Holders of an existing permanent licence will first need written permission from their local council to use public external/outdoor areas that are not currently authorised under the permanent liquor licence. Further application requirements apply for non-seated supply than for seated supply, see - Requirements when applying and processing times below.

For public outdoor areas if you have council permission to use the outdoor area, and you subsequently apply for a temporary limited licence (outdoor area temp licence), this may be granted and a licence issued to you that allows the supply of liquor in the outdoor area.

The use of privately-owned outdoor areas by existing licensees cover two scenarios.

First, where the outdoor area is on the same certificate of title as the licensed premises, but the current red-line plan does not extend to the outside area. Examples include carpark areas or areas used for waste disposal for licensed premises.

Second, where the outdoor area is not on the same certificate of title as the licensed premises. Examples include a neighbouring, vacant privately-owned land or a privately-owned outdoor carpark.

If you are a BYO permittee, please refer to content under the heading "Outdoor area COVID-19 temporary policy (information for BYO permittees)"

 

Eligible licence types

You must hold one of the following permanent licence types to be eligible for an outdoor area temp licence:

  • Club licence (full club or restricted club)
  • On-premises licence or late night (on-premises) licence
  • Restaurant and cafe licence
  • Producer’s licence
  • Renewable limited licence that allows on-premises consumption
  • BYO permit.

 

General or late night (general) licences

For both privately owned and public land, if you hold a general or late night (general) liquor licence, you may not need to apply for an outdoor area temp licence because, subject to you complying with council’s local laws and/or planning requirements, you can already supply liquor in outdoor areas being footpaths or kerbside areas under your existing licence (see the VCGLR’s Plan of licensed premises factsheet here).

However, if you have a specific condition on your general or late night (general) licence restricting the supply of liquor for consumption off the premises, or want to supply liquor in an outdoor area other than in a footpath or kerbside area, you may wish to apply for an outdoor area temp licence.

 

Requirements when applying and processing times

To apply for a new outdoor area temp licence that allows for standing consumption you will need to provide the following documents with your application:

New outdoor area temp licence: non-seated drinking: (where there is no existing outdoor area temp licence for the area)

1. Written permission from your local council allowing you to use the outdoor area (this may be a permit, licence, or letter issued by your local council). 

For public outdoor areas this permission must specify that non-seated drinking is allowed in the area to be licensed. Please ensure that this permission has an end date. The absence of an end or expiry date will delay the processing of your application.

For privately-owned outdoor areas evidence must be provided that your local council does not object to the land being used for non-seated drinking. This may be a letter issued by your local council. This evidence is required to demonstrate that your local council has had the opportunity to consider any risks to the amenity of the local area from the proposed changed from seated drinking to non-seated drinking in the outdoor area.

2. A plan that clearly describes the boundary of the outdoor area

For public land this plan must be endorsed by your local council (this can be part of the written permission under item 1).

For a privately-owned outdoor area see the VCGLR’s Plan of licensed premises factsheet here for assistance in developing this plan.

Note. If you have an existing lease arrangement relating to the outdoor area with your local council, the above document requirements apply.

3. Trading hours

For public outdoor areas, the specified trading hours for the outdoor area from your local council (this may be part of the written permission under item 1. 

For privately-owned outdoor areas, if you seek trading hours after 11pm, evidence of permission from your local council is required (this may be part of the written permission under item 1). 

 

Variation to your existing outdoor area temp licence to permit non-seated drinking: (removal of existing seated drinking condition that states “The consumption of liquor may only occur when patrons are seated”)

 

1. Written permission from your local council 

For public outdoor areas, confirmation that existing council approves, supports or does not prohibit or object to non-seated drinking. this may be part of the written permission provided to the VCGLR when applying for your existing outdoor area temp licence. Where existing permissions prohibit non-seated drinking, new or updated permission is required from your local council specifying that non-seated drinking is allowed in the area to be licensed. 

For privately-owned outdoor areas, evidence that your local council supports or does not object to the outdoor area being used for non-seated drinking. This may be a letter issued by your local council. This evidence is required to demonstrate that your local council has had the opportunity to consider any risks to the amenity of the local area from the proposed changed from seated drinking to non-seated drinking in the outdoor area.

 

Application process (new licence and variation to existing licence)

To The VCGLR  has determined that the removal of the seated drinking requirement in outdoor areas carries increased risks to alcohol related harms and to the amenity of the area. To reflect this risk, applications for a new, or variations to an existing, outdoor area temp licence that are not limited to seated drinking are subject to a period of public display of the application under section 34(7) of the Liquor Control Reform Act 1998 (the LCR Act) for ten business days.

Applications will also be served on Victoria Police.

While the VCGLR will endeavour to process your application as soon as possible, the period for objections by Victoria Police or members of the public to be made in response to the application is 30 days from when the application was first displayed. The 30-day period for objections is specified in legislation and the VCGLR does not have discretion to shorten this period.

If your application is missing any of these documents, this will cause delay and you will be contacted and asked to submit the missing documents.

In certain circumstances the VCGLR may need to seek further information which may also cause delay.

Please note that if you have already been granted a licence for non-seated drinking in a privately-owned area that expires on 30 June 2021, and would like a new outdoor area temp to authorise the supply of liquor in this area until 15 March 2022, your application will not be required to be served on Victoria Police, local council, or be publicly displayed. This is because the previous application was served and publicly displayed. Instead, the application will be determined generally within three business days.

Limitations

If an outdoor area temp licence that is not limited to seated drinking is granted, you must adhere to the following limitations:

For public outdoor areas

  • Food must be available for purchase at all times when liquor is being supplied.
  • The licensee will not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of any outdoor area where the supply and/or consumption of liquor occurs under this licence.
  • The licensee must make available for inspection by a VCGLR gambling and liquor inspector or Victoria Police a copy of the local council’s written permission to use the outdoor area (for example, a permit, licence or letter issued by the local council), including any plan of the outdoor area and the boundary.
  • Trading hours are the lesser of the hours permitted under any Victorian Government directions and/or restrictions in relation to COVID-19, or local council’s written permission to use the outdoor area, or your permanent licence.
  • Maximum patron numbers are the lesser of those permitted under any Victorian Government directions and/or restrictions, local council’s written permission to use the outdoor area (if patron numbers are specified), and the total number of patrons in your outdoor area and your permanently licensed area cannot be more than what is permitted under your permanent licence.
  • The outdoor area temp licence will expire once your local council permission expires.

For privately-owned outdoor areas

  • Food must be available for purchase at all times when liquor is being supplied.
  • The licensee will not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of any outdoor area where the supply and/or consumption of liquor occurs under this licence.
  • The licensee must make available for inspection by a VCGLR gambling and liquor inspector or Victoria Police a copy of the red-line plan for the outdoor area endorsed by the VCGLR.
  • No trading after 11pm is permitted, and otherwise trading hours are the lesser of the hours permitted under any Victorian Government directions and/or restrictions in relation to COVID-19 or your permanent licence.
  • Maximum patron numbers are limited by any Victorian Government directions and/or restrictions.
  • The outdoor area temp licence will expire on the earlier of 15 March 2022 or the owner of the privately-owned outdoor area withdrawing their permission.

Nothing in the outdoor area temp licence for either public or privately-owned outdoor areas overrides:

  • any Victorian Government directions and/or restrictions in relation to COVID-19
  • local laws, planning schemes including conditions on planning permits, and/or local council requirements, including any limitations in relation to trading hours or maximum capacities as determined by local council.

 

 

Making an application

Variation to existing outdoor area temp licence

If you would like to apply to vary your existing outdoor area temp licence to permit non-seated drinking, please complete this form and submit this form to [email protected].

New licence

To make an application for a new outdoor area temp licence see: Application for a temporary limited licence

Please note there may be content on the online temporary limited licence webpage that may not be applicable to you when applying for an online outdoor area temp licence. For detailed instructions to guide you in lodging an online application for an outdoor area temp licence in relation to public outdoor areas, click here.

For detailed instructions to guide you in lodging an online application for an outdoor area temp licence in relation to privately owned outdoor areas, click here

Public outdoor areas

For applications for a new outdoor temp licence for non-seated supply, the required steps in relation to a public outdoor area to ensure your application can be accepted are as follows:

  • Set your first event date as the first day you wish to supply liquor, confirm that you will be using public land, and that you have permission to use that land.
  • Ensure that you include your permanent licence number.
  • When prompted to choose an event type, please select “Temporary extension of permanent licence”.
  • Select “No” for extension of hours and “No” for event at your premises, and “yes” for extension of your licensed area.
  • For event occurrences, include the first day you wish to trade, and include the trading hours as they appear on the lesser of your council permit or your permanent liquor licence.
    • Note your outdoor area temp licence will expire once your local council permission expires.
  • In the additional information box, please advise that this application is for outdoor dining as a result of the COVID-19 pandemic
  • You must attach your permit/permission from your local council, your plan as endorsed by your local council, and trading hours endorsed by your local council

Privately owned outdoor areas

For applications for a new outdoor temp licence for non-seated supply, the required steps in relation to a privately-owned outdoor area to ensure your application can be accepted are as follows:

  • Set your first event date as the first day you wish to supply liquor, confirm that you will be using private land, and that you have permission to use that land.
  • Ensure that you include your permanent licence number.
  • When prompted to choose an event type, please select “Temporary extension of permanent licence”.
  • Select “No” for extension of hours and “No” for event at your premises, and “yes” for extension of your licensed area.
  • For event occurrences, include the first day you wish to trade, and include that are no later than 11pm, or otherwise the hours as they appear on your permanent liquor licence.
    • Note your outdoor area temp licence will expire on the earlier of 30 June 2021 or the owner withdrawing their permission.
  • In the additional information box, please advise that this application is for outdoor dining as a result of the COVID-19 pandemic. If you previously held a non-seated privately-owned outdoor area temp for this area, please state this in this section.
  • You must attach:
    • required council permissions
    • a red-line plan of the privately-owned outdoor area, and
    • if the outdoor area is NOT on the same certificate of title as the licensed premises for your permanent licence, you must provide written permission from the owner of the outdoor area.

 

Other useful information

Preparing your outdoor area and reducing risks where spaces are near roads and moving vehicles

For advice on how to prepare your outdoor area, you may want to refer to the Business Victoria “Industry Restart Guidelines – Hospitality” available at this webpage.

You are also encouraged to refer to the Crowded Places Strategy to ensure relevant risk mitigation processes are being employed, particularly for spaces near roads and moving vehicles.

 

Meaning of “outdoors”

Guidance on the meaning of “outdoors” is contained in a document called “Regional Victoria – Third Step”, which was part of the Statement from the Premier dated 15 September 2020. A copy of “Regional Victoria – Third Step” is available here.

In that document, “outdoors” means:

  • a space with no roof; or
  • an open-air space designated for the consumption of food and/or beverage, which may have a temporary or fixed cover (e.g. awning or roof) so long as such cover has at least two open sides to the outdoors for airflow.

Examples used include:

  • balcony or veranda, courtyard, rooftop, marquee, street or footpath, any similar outdoor area.

 

 

Takeaway and home delivery COVID-19 temporary policy

We have streamlined temporary limited licence applications for the supply of liquor for takeaway and delivery. 

As of 1 January 2021, there is a fee of $116.30 to apply for a temporary limited licence for takeaway and delivery. 
 

Currently, the duration of the temporary limited licence is until the date on which there is no longer in force any of the following in response to coronavirus (COVID-19):

  • a state of disaster declared under the Emergency Management Act 1986
  • a state of emergency declared under the Public Health and Wellbeing Act 2008
  • any other declared state (however named) under the Emergency Management Act 1996 or Public Health and Wellbeing Act 2008.
     

Eligibility to apply

If you hold a general licence, packaged liquor licence, late night (general) licence or late night (packaged liquor) licence you can already supply liquor for takeaway or delivery, unless there is a condition on your licence that prohibits you from doing so without a temporary limited licence.

If you are a business with an existing permanent liquor licence that does not already permit the supply of liquor for takeaway or delivery, you can apply for a temporary limited licence to do so.

A temporary limited licence granted in these circumstances will be subject to certain limitations outlined below. These limitations are effective from 30 March 2020 and may be subject to further change as circumstances evolve.

Liquor quantity limitations

The quantity of liquor supplied under these temporary limited licence conditions must not exceed:

  • two 750ml bottles of wine, or
  • 12 containers (not more than 375ml per container) of beer, cider, or pre-mixed spirits (including cocktails), or
  • one 750ml bottle of wine and six containers (not more than 375ml per container) of beer, cider or pre-mixed spirits (including cocktails).

These limitations are in place to reduce the risk of harm and reflect legislative requirements that mean we can only grant a temporary limited licence if the supply of liquor is limited in scale and scope.

Licences that limit supply to other licensees (Pre-retail licence, some renewable limited licences) or existing renewable limited licensees need to apply for a temporary limited licence to supply liquor to members of the public and are subject to the standard liquor quantity limitations as outlined above.

Other limitations

If you hold either a BYO permit or restaurant and cafe licence, the supply of liquor with takeaway or by delivery must be with a meal.

Delivery of liquor

Delivery drivers should sight the identification of persons receiving orders that include liquor to ensure they are not delivering to someone under the age of 18. There is no requirement to physically handle the identification produced.

Liquor licensees are also responsible for verifying the age of their customers for liquor supplied from their licensed premises, including in the case of delivery.

Making a temporary limited licence application

Licensees who wish to apply for a temporary limited licence can apply online.

  • When applying set your first event date as the same date as you are applying
  • Once you have provided your licence details you will be prompted to choose an event type. Select Internet, mail order, gift hampers as a sub-category.
  • Answer ‘Yes’ to Internet Sales and ‘No’ to all subsequent questions
  • For Event Occurrences choose the Date of last event using the date picker and add two months, this will default to a six-week period. Your licence will then be granted until the date on which there is no longer in force any of the following in response to coronavirus (COVID-19):
    • a state of disaster declared under the Emergency Management Act 1986
    • a state of emergency declared under the Public Health and Wellbeing Act 2008
    • any other declared state (however named) under the Emergency Management Act 1996 or Public Health and Wellbeing Act 2008.
  • In the Additional Information box please advise that this is about takeaway/delivery for the coronavirus (COVID-19) pandemic.

Permanent liquor licence types

You hold a permanent liquor licence if you hold a:

  • BYO permit
  • Club licence (full club or restricted club)
  • General licence
  • Late night licence – specifically, a late night (general) licence, a late night (on-premises) licence, or a late night (packaged liquor) licence
  • On-premises licence
  • Restaurant and cafe licence
  • Packaged liquor licence
  • Pre-retail licence
  • Producer’s licence
  • Renewable limited licence

You do not hold a permanent liquor licence if you only hold either a temporary limited licence or a major event licence.

Licence conditions

As restrictions ease, licensees will need to be mindful of their existing licence conditions in addition to any conditions outlined in temporary limited licences which are currently in effect until the end of the State of Emergency.

Temporary or major event licences

If you have been granted a licence for a temporary or major event and that event has been, or is likely to be, postponed due to coronavirus (COVID-19), we may be able to move your licence to a new event date, free of charge. If you are cancelling your event due to coronarvirus (COVID-19) and your application has already been assessed and a licence granted, you may be eligible for a refund.

If we have received your application but have not yet assessed it, and you advise us that you are cancelling your event due to coronavirus (COVID-19), the application fee will be refunded. For a refund or to request to your event date be moved, please email [email protected] along with your application reference number and details of why you are cancelling your temporary limited licence.

More information and staying up to date

For assistance, you can contact our client services team by email to [email protected] or by submitting an enquiry via our website.

If your query relates to the Circuit Breaker Business Support Package, in particular the Licensed Hospitality Venue Fund contact Business Victoria.

Stay up to date with the latest information by subscribing to our newsletter, following us on social media via TwitterFacebook and LinkedIn and updating your details in the Liquor Portal

For the latest information about Coronavirus (COVID-19) restrictions and current COVIDSafe settings visit the Victorian Government Coronavirus (COVID-19) website.

Optional signage

We have developed additional signage to support licensees, see: Print my liquor signage and select ‘optional signage for licensed premises’. This includes signage to promote the checking of customer identification when delivering alcohol and prompting guests to sign in.

Player activity statements

Players who are members of a loyalty scheme (active participants) at gaming venues can either elect to have their annual player activity statement:

  • sent to them via post, fax, email or electronic communication; or
  • elect to collect it from the venue.

Where an active participant elects to collect their player activity statement from a venue, they must collect it from the venue within one month of being told it is available, or their loyalty scheme membership must be suspended.

If an active participant has not collected their player activity statement within three months of being told it is available, they must be removed from the loyalty scheme.

Current venue closures and stay at home restrictions mean that active participants may not be able to collect their player activity statements from venues.

Venues may wish to consider contacting active participants to:

  • advise them that suspension or removal from the loyalty scheme may occur if they do not elect to receive their statement via another method; and
  • ask affected participants whether they want to receive their annual player activity statement another way (email, fax or post).

 

Page last modified 
23 July 2021