Your responsibilities
Landlords have rights and responsibilities that help prevent illicit tobacco activity at their premises.
Landlords must not knowingly allow a property to be used to possess, sell or supply illicit tobacco. Significant penalties may apply.
If you suspect, or become aware, that a tenant is selling or supplying illicit tobacco at your premises you should:
- cooperate with relevant authorities
- consider seeking independent legal advice about any action available to you under your lease or other Victorian laws
- email your concerns to us at contacttobacco@justice.vic.gov.au.
Information you provide may be used to inform our compliance activities. We will not be able to provide information about any enforcement action taken in response to your report.
Premises closures
Tobacco Licensing Victoria (TLV) and Victoria Police can close a premises for selling tobacco without a licence or possessing or supplying illicit tobacco.
If your premises is subject to a closure
TLV or Victoria Police will provide information explaining the closure and your relevant rights or responsibilities where required.
Accessing your premises while it is closed
It is an offence to enter a closed premises. This applies to everyone, including landlords.
If you require access, you must be granted an exemption from TLV or Victoria Police. An exemption allows you to enter the closed premises without breaching the closure notice or order. An exemption does not change your obligations under your lease or under other laws.
Applying for an exemption
Exemption requests are considered on a case-by-case basis. The timeframe will depend on the circumstances of the request.
To request an exemption to access a closed premises, email contacttobacco@justice.vic.gov.au and include:
- your closure notice or order reference number
- why you need to enter the premises
- who needs access
- when access is needed.
Applying for an exemption does not give you permission to enter the premises. Do not enter a closed premises unless you are legally allowed to do so.
Ending a lease because of a closure
Your rights under the Tobacco Act 1987 depend on the type of closure in place.
Short-term closures
The Tobacco Act 1987 does not allow you to terminate a lease because your premises is subject to a short-term closure. It doesn't change any other rights you may have under a lease or other Victorian laws.
You should seek independent legal advice about your individual circumstances.
Long-term closures
If the Magistrates’ Court orders a long-term closure of your property, you may terminate the commercial lease by giving the tenant at least 28 days' written notice.
This is a specific right available where a long-term closure has been ordered.
If you terminate a lease using this process, you must take reasonable steps to notify us.
Protections for landlords
The law provides protections for landlords who terminate a lease using the long-term closure provisions.
A tenant cannot take legal action for a terminated lease due to a long-term tobacco closure order.
You should consider seeking independent legal advice before terminating a lease or dealing with property left at the premises.
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