Enforcement actions - liquor industry

The Victorian Liquor Commission's enforcement takes enforcement action to ensure compliance with the law through specific and general deterrence.

The Victorian Liquor Commission has a graduated response to enforcement. Sanctions applied by the commission for non-compliance increase:

• with the severity of the breach including the degree of culpability of the offender and the risk or harm to the community from the breach
• if non-compliance continues or is repeated.

Referrals to other agencies

All matters relevant to infringements outside the Liquor Control Reform Act 1998 will be referred to the appropriate enforcement agency. The commission will cooperate with the requests of those agencies and provide statements and evidence if required to do so.

Relationship with Victoria Police

The Victorian Liquor Commission operates in conjunction with Victoria Police, allowing the police to focus on the most serious examples of infringements of liquor laws and areas where known issues of violence and antisocial behaviour have occurred.

Compliance inspectors provide enforcement support to Victoria Police, working in partnership with them and exercising similar powers to enforce liquor licensing laws.

Inspectors can not arrest anyone, however they may enter a private home if they have a search warrant (this requires approval) or if the private home is situated on the licensed premises and the inspector has prior consent from the licensee to enter.

Enforcement actions tools

Risk management discussion

Used to highlight to licensees the areas of operation or practices that need to be addressed. It is not designed to deal with infringements under the Act or licence conditions but to manage the potential risks. Discussions can be used in conjunction with other enforcement options such as infringement or warning notices.

This discussion may include a verbal warning.

Enforceable undertakings

• An enforceable undertaking is a legal agreement where a person or organisation abides by certain conditions agreed to with the commission.
• A list of current enforceable undertakings can be found at the bottom of this page.

Written warnings

• A written warning gives the licensee the opportunity to voluntarily return their premises to a compliant state within a particular timeframe.
• These notices and letters are not part of a formal part of the legislation. However, they are used to track the history of licensees or other parties in terms of non-compliance and may be used at disciplinary proceedings should the non-compliance continue.

Infringement notices

• This is issued when there is an infringement of licence conditions under the Act. Infringement notices are used instead of a court appearance. For example, if music is being played outside the hours specified on the licence or if loud or amplified music is detracting from the amenity of the surrounding area.

Disciplinary action

• Issues of non-compliance that require suspension or the disqualification of a licence is usually of a serious nature. The approval from the Victorian Liquor Commission is required before any disciplinary action occurs.
• Disciplinary action is focused on altering the behaviour for the protection of the public through a more tailored response specific to the licensee.
• A list of disqualified persons or companies can be found at the bottom of this page.

Criminal prosecution

• Investigations take place when a serious or deliberate infringement of licence conditions occurs. An example includes the unlicensed sale of liquor or the supply of liquor in a manner other than what is on the liquor licence. In some cases, investigations can result in court proceedings.
• Approval is required from the Victorian Liquor Commission.

No action

• Inspectors may not find any issues of non-compliance or they may use their discretion in reviewing the circumstances of the issue/s of non-compliance to take no further action.

Note: These tools may be used independently or in combination to achieve the appropriate outcome of compliance.

Register of undertakings

We have entered into undertakings with the businesses listed below.

24 January 2017 - JDOT Pty Ltd

The undertaking relates to compliance with an acoustic report which is attached to the undertaking.

Liquor - undertaking - JDOT Pty Ltd

pdf 894.44 KB

3 August 2015 - Jack Poon trading as Karaoke Box Hit Studio

The undertaking is in place for three years from the date of signature by all parties.

Liquor - undertaking - Jack Poon trading as Karaoke Box Hit Studio

pdf 827.65 KB

Disqualified persons or companies

Several persons and companies have been disqualified from applying for, or holding, a liquor licence for a certain time period.

For a current list of persons and companies disqualified under the Liquor Control Act 1987 and the Liquor Control Reform Act 1998, see below.