A licensed premises contributes to the culture and prosperity of the area and can attract more visitors. But sometimes this can result in increased levels of noise and other amenity issues.
You can have your say by objecting to applications. But there are rules on how you can do so.
How to make your objection count
You have the right to object to liquor licence applications. To make sure we can properly consider your objection, you should take the time to include all the important information upfront. We may not come back to you for more information.
When objecting to a liquor licence application you must tell us:
- what ground(s) you are objecting on
- why you are objecting to the application, including how it will personally affect you and
- information such as examples or experiences relating to the specific premises that supports your reasons for objecting.
Read below for more information on what you must give us in your objection.
Your grounds for objecting to a liquor licence application
In your objection you must start with the grounds for objection. You can object to a liquor licence application if:
- you believe it would have an adverse impact on the amenity of the area surrounding the premises
- the application is for a packaged liquor licence and you believe the application would increase the risk of alcohol-related harm in the area.
What is an amenity?
The amenity of the area is defined by the Liquor Control Reform Act 1998 as the ’quality of that area as being pleasant and agreeable’. Unacceptable customer behaviour, footpath obstructions, littering or noise are just some examples of what can be considered as detrimental to the amenity of an area.
Reasons for objecting to a liquor licence application
Next, we need to know why you are objecting to the application.
When objecting, you cannot just say that the existence of a licensed premises will negatively impact the amenity of the surrounding area. Doing this will result in your objection being less persuasive when LCV considers whether to grant or refuse the liquor licence application.
You should be as specific as possible on how the application personally affects you by telling us things like:
- How your sleep may have been affected, including examples of prior instances where this has occurred.
- How the behaviour of customers at the premises has previously made you feel.
- Examples of when you have been unable to use the footpath due to customers blocking it.
- History of when you have seen litter in the area directly resulting from the supply of liquor at the premises.
It is important that you include supporting information with your reasons, such as examples or history of the premises. This will help your objection be more persuasive when considered as part of the application.
With that in mind, you cannot object to an application for any of the following reasons:
- The business that is applying for a licence would not be successful.
- Another business in the area would be negatively affected if this business is allowed to supply liquor.
- There is no need or demand for this business in the area.
- That there are too many other liquor licences in the area already.
- That other liquor licences in the area already cause problems.
- There are too many cars, not enough parking or poor traffic management in the area.
If you object for any of the reasons listed above, we may refuse your objection.
LCV can refuse objections
It is important that you give us objections that are relevant to the premises and how it will affect your personally.
We can refuse to accept your objection if:
- you have objected after the 30 day period listed on the public notice
- you are not personally affected by the application
- your objection is frivolous or vexatious
- your objection is not made in accordance with the Liquor Control Reform Act 1998.
If we refuse your objection, we will tell you in writing and you will not be a party to the application.
Public notice and details of liquor licence applications
You can object to most applications for a new liquor licence or variation and relocation of an existing liquor licence.
Public notices of proposed applications are required to be displayed on an A3 size paper at the address where liquor will be supplied. The sign must be displayed for 28 days in a way that attracts attention. The public notice must include details of the application to help you understand what is being applied for.
You can object to a liquor licence application within 30 days of the start date written on the public notice.
You can also search for current liquor licence applications and their display dates on Liquor licences and applications online using the address of the venue or shop.
Lodging an objection to a liquor licence application
All objections are treated as public documents. Full details of the objection, including the name and address of the objector will be provided to the liquor licence applicant. The applicant will then have an opportunity to address any concerns raised by objectors.
For us to consider your objection, it must be:
- made in writing
- made within 30 days from the start of the display of the public notice
- clearly state the grounds and reasons for your objection.
You can lodge your objection either:
- Online: Fill out our quick and easy online objection form below.
- Email: Send us your full name, home address and details of your objection to contact@liquor.vic.gov.au
- Post: mail us your full name, home address and details of your objection to:
Liquor Control Victoria
GPO Box 4356
MELBOURNE VIC 3001
Withdrawing your objection
If you have made an objection and decide to withdraw it, you can do so at any time.
You should email us at contact@liquor.vic.gov.au with the application number and your name and tell us that you do not want to continue with your objection.
Next steps
LCV assesses all applications for a liquor licence or permit, including changes to an existing licence or permit in line with the requirements of the Liquor Control Reform Act 1998.
We are required to consider the risks a liquor licence may have such as the:
- potential impact on amenity of an area, such as the possibility of nuisance or vandalism and the harmony and coherence of the environment
- the risk of alcohol relatedalcohol-related harm that may result from the premises
- the suitability of the applicant to hold a liquor licence.
LCV must consider these aspects of any application, regardless of any objections received.
Once we have assessed your objection, we will email you to let you know if we have accepted or refused your objection.
If your objection is accepted, we will then carefully consider your objection and the application materials before making any decisions.
Once a decision has been made, you will then be informed of the outcome of the application by email.
Role of police and local councils
We are required by law to send most liquor licence applications to Victoria Police or the relevant local council for their comment.
We also have discretion to seek the views of police and local council for other applications such as temporary limited licence applications and major event licence applications.
| Applications sent to | When |
|---|---|
| Victoria Police | Applications for a new permanent liquor licence or BYO permit, or variation, relocation or transfer of a licence or permit. At our discretion for other application types, including temporary and major event applications. |
| Local council | Applications for a permanent new or variation or relocation of an existing liquor licence. At our discretion for other application types, including temporary and major event applications. |
How to appeal a decision
An applicant or objector can apply to have a decision reviewed if they are not satisfied with the outcome. Only objectors whose objections were accepted as part of an application can apply for a review. An application for review can only be made for decisions of a Liquor Control Victoria delegate or a decision of a single commissioner.
The appeal must be lodged within 28 days after either:
- you were advised of the decision, or
- you received the statement of reasons for the decision.
You can lodge a review application by emailing us a completed application form with supporting documentation to secretariat@liquor.vic.gov.au
The appeal application form is below.
Object to a liquor licence application
Local council objections to a liquor licence application
LCV is required by law to serve most applications for new, variation or relocations of a liquor licence to the relevant local council.
This involves us sending them a copy of the application form, the plan for the licensed premises and any planning documents submitted by the application.
The local council then has 30 days to object to an application. If LCV does not receive any response from Council, we will continue to assess the application.
A local council can object to a liquor licence application if:
- it believes the grant of the application would have an adverse impact on the local amenity or the area surrounding the premises
- the application is for a packaged liquor licence and it believes the grant of the application would increase the risk of alcohol-related harm in the area.
A local council cannot object to an application on any of the following grounds:
- the amenity impact of the application has not yet been assessed by council
- a planning permit is required, currently being assessed or has not yet been issued
- a proposed liquor licence has different hours/conditions than those on a planning permit.
We have created a local council objection kit to help councils provide the necessary information with any objections.
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