The Victorian Commission for Gambling and Liquor Regulation (The VCGLR) have confirmed the introduction of a streamlined approach to help existing licensees temporarily use 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. Each Council across Victoria will have their own processes in place in relation to this, with many Council’s already announcing assistance for businesses seeking external trade.

“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 VCGRL said

Similar to the temporary licence arrangements for takeaway liquor, the VCGLR have confirmed that there will be no fee associated with applying for an outdoor area temp licence.

The VCGLR have further advised that 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, then a discussion may be required to consider your options.

The following details have been provided by the VCGLR:

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:

• 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.

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.

BYO permits

If you hold a BYO permit, as that permit does not authorise you to supply liquor to patrons, the VCGLR is currently considering its approach.

Requirements when applying and timeframe

To apply for an outdoor area temp licence, 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).
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.

On Tap Liquor is ready and able to assist licensed venues in navigating these matters; Contact us today to get the process started.

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.
• The consumption of liquor may only occur when patrons are seated.
• 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 overrides

• any Victorian Government directions and/or restrictions in relation to COVID-19
• trading hours or maximum capacities as determined by local council.

On Tap Liquor is ready and able to assist licensed venues in navigating these matters; Contact us today to get the process started.