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. Liquor License Assessment Policy Draft V0.2 30 August 2012 1 of 7 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. Liquor License Assessment Policy Draft V0.2 30 August 2012 2 of 7 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. Liquor License Assessment Policy Draft V0.2 30 August 2012 3 of 7 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. Liquor License Assessment Policy Draft V0.2 30 August 2012 4 of 7 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) Liquor License Assessment Policy Draft V0.2 30 August 2012 5 of 7 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 Liquor License Assessment Policy Draft V0.2 30 August 2012 6 of 7 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. Liquor License Assessment Policy Draft V0.2 30 August 2012 7 of 7