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Extended ordinary trading hours on New Year’s Eve

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Trading hours under the Liquor Control Reform Act 1998 include extended trading for New Year’s Eve for certain licences.

It is the decision of the affected licensees as to whether or not they wish to make use of the extended trading hours for New Year’s Eve (NYE). However, in making this decision, licensees must consider any relevant licence conditions or related planning permits.

1am "as of right'' trading and NYE

The following licence categories are already authorised to trade until 1am as of right:

  • restaurant and cafe
  • on-premises
  • late night (on-premises)
  • general
  • late night (general).

“As of right” trade to 1am for on-premises and general (including late night) does not apply to authorised premises such as footpath trading zones or to specific areas of the venue, where these areas have trading hours of less than 1am stated on the licence. This policy is set out in our 1am trading fact sheet.

Section 58 notice to vary licence conditions of on-premises and general (including late night) licences with authorised areas or lesser trading hours in specific areas to 1am on NYE 2022/23

To give venues who can trade until 1am on NYE consistent hours throughout the licensed areas of the venue, the Victorian Liquor Commission temporarily varies the conditions of affected licences as follows:

  • all on-premises and late night (on-premises) licences with an authorised premises are varied to allow the supply of liquor for consumption on the authorised premises until 1am on 1 January 2023
  • all on-premises, general and late night (on-premises and general) licences that have specific areas with trading hours to less than 1am are varied to allow the supply of liquor for consumption on the premises in those areas until 1am on 1 January 2023.

Licences whose trading hours are automatically extended for NYE only

The following licences have extended hours from  11pm on 31 December to 1am on 1 January

The following licences have extended hours from 1am to 3am on 1 January

  • BYO permits
  • full club (for the supply of liquor to a member of a club, an authorised gaming visitor, or a guest of a member for consumption on the licensed premises)
  • restaurant and cafe
What if I wish to trade past 1am/3am on 1 January? 

Licensees wishing to trade later than the hours on New Year’s Eve as described above must lodge an application for a temporary limited licence with Liquor Control Victoria (LCV). It can take up to eight weeks for LCV to determine applications and venues need to take this into account in their event planning.

In the inner-city municipalities of the City of Melbourne, the City of Yarra, the City of Stonnington and the City of Port Phillip, venues are reminded that there is a late night freeze concerning trade after 1am. LCV will not grant applications to trade past 1am unless the applicant meets certain conditions.

The variation of trading hours described above does not apply to the sale of packaged liquor for off-premises consumption or to any other category of liquor licence.

The LCV has the power to restrict trading hours if there are concerns about the risk of alcohol-related harm.

Obligations and safety measures

Licensees are obliged to:

  • not serve an intoxicated patron
  • diligently check for identification to ensure that no minors enter the licensed premises
  • prevent overcrowding of venues.

We are encouraging you to go beyond the legal requirements and to make a voluntary commitment to introduce a plan aimed at minimising harm on New Year’s Eve.

Possible measures include:

  • replace glass with plastic
  • adopt pre-ticketing to an event
  • improve risk-management – e.g. hire more crowd controllers than listed on your liquor licence
  • stop serving shots at a certain time
  • only serve one drink per person at a certain time.

Other options to consider:

  • designate a Responsible Service of Alcohol Officer wearing a marked ‘Responsible Service of Alcohol Officer’ shirt
  • display required signage in the toilets
  • availability of food at the venue
  • actively promote the provision of free drinking water to patrons and low alcohol drinks
  • availability of first aid
  • when patrons are leaving display posters such as ‘quiet please – respect the​​ neighbourhood’ around the venue
  • focus on amenity – clean up outdoor surrounds after trading has concluded and patrons have left the immediate area
  • additional CCTV cameras (in excess of number/locations required on liquor licence).

Apply for a temporary limited licence to extend hours past 1am/3am on New Year's Eve