6.2 New Liquor Licence

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Liquor Licence Assessment Policy
Version No. Draft V0.2 30 August 2012
Endorsement Executive 23 August 2012
Policy Review Panel 30 August 2012
Authorisation Council
Expiry date: 1 August 2014
Responsible officer: Planning Services Manager
Policy owner Coordinator Statutory Planning
1. Purpose
The purpose of this policy is to provide a framework for the Council’s consideration of Liquor
Licence applications – either where a planning permit is required or alternatively where a planning
permit is not required and the application is referred to Council for comment from Victorian
Commission for Gambling and Liquor Regulation (VCGLR). The Policy aims to assist Council to
identify and assess possible social harms resulting from the concentration of licensed premises in
an area and other factors including patron capacity, trading hours, access to transport, car parking
and venue design.
2. Scope
Recent studies including the Melton Shire Council Determinants of Alcohol-Related Amenity
Impacts Study, January 2012 has identified a direct correlation between availability of alcohol and
alcohol related harms, in particular packaged liquor (Livingston 2010, 2011). In response to this,
Council will seek through this Policy, to reduce and minimise alcohol related harms caused by
availability of alcohol.
Clause 52.27 of the Melton Planning Scheme requires Council to consider and assess the
cumulative impact of any existing and proposed liquor licence and licensed premises on the
community in terms of hours of operation, number of patrons and the amenity of the surrounding
area. It also aims to ensure that licensed premises are situated in appropriate locations.
This Policy applies to any planning permit application for a new licensed premises or liquor licence,
amendments to planning permits issued for existing licensed premises and liquor licences where a
permit is required pursuant to Clause 52.27 of the Melton Planning Scheme.
This policy applies to all types of licences as detailed in the Liquor Control Reform Act 1998
(Section 7) including general, on-premises, restaurant and cafe, club, packaged liquor, late night,
pre-retail, wine and beer producers, major event and BYO.
This Policy also applies to all types of liquor licences (e.g. limited and renewable limited licences)
where a planning permit is not required under Clause 52.27 of the Melton Planning Scheme and
referred to Council by VCGLR under the Liquor Control Reform Act 1998.
In addition to the requirements of Clause 52.27, Council will assess all liquor licence applications
against its Social and Amenity Impact Assessment Framework, August 2012 which will assist to
determine the potential alcohol-related amenity impacts of a proposal and also identify measures
to prevent and minimise potential harms associated with the proposal.
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Council officers should take a balanced and informed approach when assessing the potential
alcohol-related amenity impacts of each proposal. It is not the intent of this policy to be unduly
restrictive on the development of cafes, restaurants and similar uses within the municipality, rather
it seeks to minimise potential harms associated with the density of licensed premises, with a
particular focus on the alcohol-related harm impacts of packaged liquor.
3. Definitions
Word/ Term
Definition
Accessibility
The extent to which the community is exposed to and can obtain alcohol of
all types. In this context, accessibility is a function of both proximity and
density ie. the distance between residential, business areas and alcohol
outlets, and the number of outlets per 10,000 people or number of outlets
per km.
Activity Area
Focal points for services, employment and social interaction in towns and
cities. They are generally well served by public transport, but ranging in
size, location, land use mix and intensity of use.
Cluster
Concentration of licensed premises consisting of:
three or more licensed premises within a radius of 100m

15 or more licences premises within a radius of 500m.
Cumulative Impact
Both the positive and negative impacts that can result from clustering a
particular land use or type of land use. Cumulative impact is a product of
the number and type of venues present, the way they are managed, and
the capacity of the local area to accommodate those venues.
Late Night Trading
In terms of the liquor licensing provisions, late night trading refers to
trading between 1am and 3am, including 24 hour trading. In this context, it
may also refer to venues that trade beyond 11pm i.e. ordinary trading
hours.
Licensed Premises
Any premises that sells alcohol, provides regulated entertainment or late
night refreshment. Includes pubs, restaurants, late night cafes and
takeaways, theatres, cinemas, nightclubs, bars and off-licences.
Ordinary Trading
Hours
For on-premises licences:
7am to 11pm Monday to Saturday (except ANZAC day and Good
Friday)

10am to 11pm Sunday

12 noon to 11pm ANZAC day and Good Friday.
For packaged licences:-
Packaged Liquor

9am to 11pm Monday to Saturday

10am to 11pm Sunday

12noon to 11pm ANZAC day

Closed Christmas day and Good Friday.
Retail supply of liquor in sealed containers for consumption off the
premises e.g. bottle shops, licensed supermarkets.
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Saturation Point
Point at which an additional licensed premises or a particular type of
license type of licensed premises is likely to impact negatively on the
surrounding area.
Sensitive Land Uses
Schools, kindergartens, primary schools, childcare centres, playgrounds,
leisure facilities, community facilities, drug and alcohol services and other
venues where young people or families are present. Note that Council
reserves the right to identify additional areas on a case by case basis.
4. Policy
In relation to liquor licences it is Council’s Policy to:1. Encourage a balanced mix of licensed premises across the municipality that support the
rapidly growing population.
2. Enable new licensed premises and new licences for existing premises that assist with the
creation of local identity or character of an area, enhance vitality of an area, promote social
and economic benefits and increase consumer choice.
3. Encourage the location of new licensed premises, new liquor licences and the extension of
existing liquor licences in existing and future activity areas or areas designated for
entertainment, tourism or sporting purposes in approved plans.
4. Discourage the location of new licensed premises, new liquor licences and extensions to
existing liquor licences and licensed areas of a premises where they are located outside an
existing or future activity area, areas designated for entertainment, tourism or sporting
purposes in approved plans or in proximity (within 30 metres) of residential zones.
5. Assess the impacts of new licensed premises, new liquor licences and extensions to
existing liquor licences and licensed areas of a premises where they are located in close
proximity to sensitive uses as defined by this policy, and make recommendations regarding
suitability to Council’s Statutory Planning Department and VCGLR.
6. Discourage renewable limited licences both for the delivery of alcohol to residential
properties.
7. Utilise the Social and Amenity Impact Assessment Framework, August 2012 in assessing
any liquor licence application.
8. Regulation of packaged liquor outlets within the municipality utilising the requirements of
Clause 52.27 and Council’s Social and Amenity Impact Assessment Framework to
discourage the proliferation of such outlets.
9. Ensure, as is reasonably practical, that the community is protected from the cumulative
amenity impacts of existing and proposed licensed premises resulting from the location,
concentration/cluster of premises in an area, accessibility, noise, patron capacity and
hours, which may contribute to alcohol related harms including anti-social behaviour,
violence, abuse, property damage and injury.
10. Applications to extend beyond Ordinary Trading Hours will only be supported where the
extension will not unreasonably impact on the amenity of the surrounding area as per the
requirements of clause 52.27 and the Social and Amenity Impact Assessment Framework.
11. Encourage environmental conditions which discourage anti-social behaviour or criminal
activity associated with alcohol use and create a safe environment for patrons through high
quality building design, adequate lighting and access to car parking and transport.
12. Restrict the maximum number of patrons permitted in licensed premises to minimise any
unreasonable impacts on the amenity of the surrounding uses and area.
13. Ensure that the introduction of new licensed premises and new liquor licences to existing
premises do not result in an area reaching ‘saturation point’ to the extent that it will have a
negative impact on the surrounding area.
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14. Ensure noise emissions from existing and proposed licensed premises:
a) will not have an unreasonable impact on the amenity of adjoining properties and the
surrounding area;
b) comply with relevant State Environment Planning Policies (SEPP) under the
Environmental Protection Authority (EPA) noise guidelines;
c) incorporate noise attenuation measures where required and ensure that these
measures are installed by a suitably qualified person;
d) minimise waste impacts through on site waste storage and limiting collection of waste
before 7am and after 9pm or earlier when a licensed premises is closed.
5. Policy implementation
Council’s Planning Department is responsible for assessing planning permit applications for liquor
licences and licensed premises under the State and Local Planning Policy Frameworks and Clause
52.27 of the Melton Planning Scheme. It is also responsible for assessing liquor licence referrals
from VCGLR. Applications will be referred to Council’s Social and Community Planning
Department for consideration and comment in relation to identifying and assessing the social
impacts of any proposal.
Clause 52.27 of the Melton Planning Scheme outlines particular provisions for licensed premises in
the municipality. The decision guidelines under this clause state that Council (as the Responsible
Authority) must consider:

The State Planning Policy Framework and the Local Planning Policy Framework, including
the Municipal Strategic Statement and local planning policies.

The impact of the sale or consumption of liquor permitted by the liquor licence on the
amenity of the surrounding area.

The impact of the hours of operation on the amenity of the surrounding area.

The impact of the number of patrons on the amenity of the surrounding area.

The cumulative impact of any existing licensed premises and the proposed licensed
premises on the amenity of the surrounding area.
6. Application Requirements
All applicants for the establishment of a new licensed premises, a new liquor licence for an existing
premises or an expansion to the licensed area or extension of trading hours for an existing
licensed premises, are required as part of any planning permit application to provide Council with
the following information:6.1 All Applications

A site plan (drawn to scale and dimensioned), showing the location, dimensions and size of
the subject land, location of any existing buildings and structures on the land and details of
adjoining and surrounding land uses (including sensitive uses as defined under this policy).

Plans showing existing and proposed internal layout of the premises including a line to
indicate the area(s) to be licensed (including any outdoor areas) and/or the existing red line
area.

Location, layout and dimensions of any existing/proposed on-site car parking and details of
vehicle access arrangements (existing and/or proposed) to and from the subject land.

A landscape plan prepared by a suitably qualified person detailing the location, layout and
schedule of species of any landscaping to be planted.
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
Details of waste management including location, method of storage and collection and
frequency of collection.

A written statement outlining:

(a)
A description of the existing/proposed use;
(b)
Existing/ proposed hours of operation;
(c)
Number of staff to be employed;
(d)
Patron numbers/capacity;
(e)
Details of any music/ entertainment.
A Cumulative Impact Assessment in accordance with Practice Note No. 61 March 2011
Licensed Premises: Assessing Cumulative Impact (Department of Planning and Community
Development). The assessment should include:
(a)
The location and type of licensed premises within a 500 metre radius of the subject
land/site unless there is another logical boundary that takes into account relevant
features.
(b)
Number of seats or number of patrons (capacity).
(c)
An assessment of car parking available on the subject land and any car parking
available in proximity to the land. Council may require a traffic report prepared by a
suitably qualified expert to justify any reduction of car parking required as a result of a
new licensed premises or an extension to an existing licensed premises.
(d)
Demonstrate that a proposal involving an extension of trading hours beyond 1am will
not cause any detrimental amenity or social impacts on adjoining land uses, any
sensitive land uses and the surrounding area.
6.2 New Liquor Licence

Details of the type of licence and trading hours.

A copy of any application made to VCGLR (if applicable).

Plans showing existing and proposed internal layout of the premises including a line to
indicate the area(s) to be licensed (including any outdoor areas).
6.3 Extension to the Trading Hours and Patron Numbers (Existing Licence).

Details of the existing licence, trading hours and patron numbers.

Details of the proposed extension to trading hours and/or patron numbers.

Plans showing any changes to the internal layout of the premises including the area(s) to
be licensed (including any outdoor areas).

A copy of any application made to VCGLR (if applicable).
6.4 New Licensed Premises (Restaurant/Cafe)

The requirements outlined above in Section 5.1.

Elevation plans showing details of building height, form/appearance and schedule of
external colours and finishes).
Design and operation of premises (patron numbers, entrances and exits, internal layout,
serving of food, types of supporting social and leisure activities)
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6.5 New Licensed Premises (Hotel, Tavern, Nightclub)

The requirements outlined above in Section 5.1.

A Management Plan which should include the following:
(a)
Hours of operation;
(b)
Security arrangements including hours of operation and management to minimise
queues outside the premises;
(c)
Entry and exit locations;
(d)
Pass out arrangements (if applicable);
(e)
Training of staff in the management of patron behaviour and the responsible serving of
alcohol;
(f)
Management of outdoor areas to minimise impacts on the amenity of nearby
properties;
(g)
Management of patrons who are smoking;
(h)
Lighting (including security lighting);
(i)
Waste collection and removal (including hours of pick up);
(j)
Noise attenuation measures (if applicable);
(k)
Complaints Procedure;
(l)
Emergency Management Plan/procedures.
6.6 Alterations and additions to an Existing Licensed Premises

The requirements outlined above in Section 5.1.

Elevation plans showing details of building height, form/appearance and schedule of external
colours and finishes).

Design and operation of premises (patron numbers, entrances and exits, internal layout,
serving of food, types of supporting social and leisure activities).

For Hotels, Taverns, Nightclubs, a revised Management Plan.
7. Responsibility / Accountability
It is the responsibility of the applicant to provide all information as detailed in this policy.
Upon receiving the above information, the role of Council is to:1. Undertake a social impact assessment on all new liquor licence applications using the Social
and Amenity Impact Assessment Framework.*
Note: Existing licences requesting an extension to existing conditions will be assessed using
the framework only if the proposed extension is considered to have an adverse impact on the
community as compared to the existing conditions.
2. Provide recommendations to the applicant regarding strategies for mitigating high risk
components of the application.
3. Make recommendations to VCGLR regarding the suitability of the liquor licence application.
4. Advocate on behalf of the community to State Government regarding possible negative social
impacts of liquor licence applications.
*Social impact assessments will be undertaken in consultation with Melton Police
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8. References and links to legislation and other documents
8.1
State/ Federal Legislation and Policy Frameworks: Victorian Planning Provision, Clause 52.7 (Department of Planning & Community
Development)
 Liquor Control Reform Act 1993
 Public Health and Wellbeing Act 2008
 Planning and Environment Act 1987
 Local Government Act 1989
 National Alcohol Strategy 2006 – 2013 (Department of Health & Ageing)
 Practice Note No. 61 - Licensed Premises: Assessing Cumulative Impact (Department of
Planning and Community Development) March 2011.
8.2
Local Policies/ Strategies: Shire of Melton, Council Plan 2009 - 2013
 Shire of Melton, Alcohol Risk Management Policy, 2011
 Health and Wellbeing in the Shire of Melton, Municipal Public Health Plan 2009 – 2013
8.3
Background/ Supporting documents: Shire of Melton, Determinants of Alcohol-Related Amenity Impacts Study, Background
Report and Social and Amenity Impact Assessment Framework, 2012
8.4
References: Livingston, M. (2011). A longitudinal analysis of alcohol outlet density and domestic violence.
Addiction. 106(5):919-925.
 Livingston, M. (2008). Alcohol outlet density and assault: A spatial analysis. Addiction,
103(4), 619-628.
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