Victorian Numbered Acts

LIQUOR CONTROL REFORM AMENDMENT ACT 2010 (NO. 57 OF 2010) - SECT 6

    After section 6 of the Principal Act insert —

        " 6A     Exemption from Act—bed and breakfast businesses

    (1)     A person who carries on a bed and breakfast business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a person staying at the bed and breakfast business if the following conditions are complied with—

        (a)     the business does not provide accommodation for more than 8 adults at any one time; and

        (b)     the liquor is not supplied to a minor; and

        (c)     the proprietor of the business or the business purchased the liquor on a retail basis; and

        (d)     each proprietor of the business has completed an approved responsible service of alcohol program in the 3 years prior to the date on which the business notifies the Director that it claims an exemption under subsection (2).

    (2)     An exemption under subsection (1) does not take effect unless—

        (a)     the proprietor of the business first notifies the Director in the form and manner approved by the Director that—

              (i)     the business claims an exemption under this section; and
s. 6

              (ii)     the business will comply with the conditions set out in subsection (1); and

        (b)     the Director acknowledges receipt of that notification by notice in writing.

    (3)     The Director must acknowledge receipt within 14 days of receiving a notification under subsection (2).

Notes

1     It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

2     It is an offence under section 118 to make a statement that is false or misleading in relation to a notice under this Act.

        6B     Exemption from Act—florist or giftmaker

    (1)     A person who carries on a florist or giftmaker business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met—

        (a)     the business only supplies liquor that is packaged together with flowers, food or other gifts; and

        (b)     the liquor is not supplied to a minor; and

        (c)     the business does not accept orders to supply liquor from a minor; and

        (d)     the proprietor of the business or the business purchased the liquor on a retail basis; and

        (e)     not more than 1·5 litres of liquor is supplied to each recipient in any one day; and

        (f)     the value of the liquor and its container is not more than 50 per cent of the total sale price of the supplied items.

    (2)     An exemption under subsection (1) does not take effect unless—

        (a)     the proprietor of the business first notifies the Director in the form and manner approved by the Director that—

              (i)     the business claims an exemption under this section; and

              (ii)     the business will comply with the conditions set out in subsection (1); and

        (b)     the Director acknowledges receipt of that notification by notice in writing.

    (3)     The Director must acknowledge receipt within 14 days of receiving a notification under subsection (2).

Notes

1     It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

2     It is an offence under section 118 to make a statement that is false or misleading in relation to a notice under this Act.

        6C     Exemption from Act—hairdressers

    (1)     A person who carries on a hairdresser business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor to a customer by that business if the following conditions are met—

        (a)     the liquor is not supplied to a minor; and

        (b)     the liquor is consumed on the business premises; and

        (c)     the liquor is supplied without charge and the supply is ancillary to the provision of hairdressing or barber services.

    (2)     An exemption under subsection (1) does not take effect unless—

        (a)     the proprietor of the business first notifies the Director in the form and manner approved by the Director that—

              (i)     the business claims an exemption under this section; and

              (ii)     the business will comply with the conditions set out in subsection (1); and

        (b)     the Director acknowledges receipt of that notification by notice in writing.

    (3)     The Director must acknowledge receipt within 14 days of receiving a notification under subsection (2).

Notes

1     It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

2     It is an offence under section 118 to make a statement that is false or misleading in relation to a notice under this Act.

        6D     Exemption from Act—butchers

    (1)     A person who carries on a butcher business is exempt from any requirement of this Act to hold a licence in relation to the supply of liquor by that business if the following conditions are met—

        (a)     the liquor is not supplied to a minor; and

        (b)     the liquor supplied is in sealed containers, bottles or cans for consumption off the business premises; and

        (c)     the liquor supplied is a type of liquor prescribed by the regulations; and

        (d)     not more than 1·5 litres of liquor is supplied to each recipient in any one day.

    (2)     An exemption under subsection (1) does not take effect unless—

        (a)     the proprietor of the business first notifies the Director in the form and manner approved by the Director that—

              (i)     the business claims an exemption under this section; and

              (ii)     the business will comply with the conditions set out in subsection (1); and

        (b)     the Director acknowledges receipt of that notification by notice in writing.

    (3)     The Director must acknowledge receipt within 14 days of receiving a notification under subsection (2).

Notes

1     It is an offence under section 107 for a person who is not a licensee to sell or offer liquor for sale.

2     It is an offence under section 118 to make a statement that is false or misleading in relation to a notice under this Act.".