Happy Hour: liquor licenses and coronavirus

Temporary Limited Licences are a great way to open up new revenue streams in a challenging time.

COVID-19 has caused huge impacts to businesses and individuals around the world. Perhaps one of the worst hit industries is the hospitality industry, with cafes, restaurants and bars facing closed doors, takeaway-only trading (if that’s feasible), and massively reduced turnover.

There have been a range of measures introduced by the government that are aimed at helping struggling businesses. In a previous post we covered the Commercial Leasing Code of Conduct, which is one example of such an initiative.

Another move that has proven helpful for many hospitality businesses is the Victorian Commissioner for Gambling and Liquor Regulation’s (VCGLR’s) streamlined temporary limited licence initiative.

At District Consulting, we’ve helped businesses understand whether they are eligible for these licences and if so, helped them successfully secure a licence for their business.

Fast-tracked limited licences to allow takeaway liquor sales

The VCGLR’s streamlined licensing initiative helps eligible licensees apply for what’s called a ‘Temporary Limited Licence’.

A Temporary Limited Licence is a licence that allows the sale of liquor for takeaway, including delivery.

The VCGLR has committed to fast-tracking eligible applications, aiming to get them approved within three days of lodgement.

So, who is eligible?

The scheme is available to licensees holding a “permanent liquor licence”.

According to the VCGLR, a permanent liquor licence includes:

  • Restaurant and cafe licence

  • BYO permit

  • On-premises licence

  • Pre-retail licence

  • Producer’s licence

  • Renewable limited licence

  • Club licence (full club or restricted club)

  • General licence**

  • Late night licence** – specifically, a late night (general) licence, a late night (on-premises) licence, or a late night (packaged liquor) licence

  • Packaged liquor licence**

** If you hold a general licence, packaged liquor licence, late night (general) licence, or late night (packaged liquor) licence, you can already supply liquor for takeaway (unless you have a specific restriction on your licence).

How do I apply?

Applications are made through the VCGLR’s online lodgement service.

Applications should be detailed and include all relevant information including:

  • How liquor is proposed to be supplied (takeaway for pickup, delivery or both)

  • Proposed hours of service

  • Key staff

  • Method of sale (online, by phone, in-person)

  • Maximum quantity of liquor per order

  • Other relevant information.

Holders of a BYO or Restaurant and Cafe licence must only supply alcohol with a meal.

Duration of licence

A Temporary Limited Licence issued by the VCGLR under its COVID-19 initiative will authorise the sale of takeaway liquor until 15 September 2020, or until the declared State of Emergency in Victoria ends, whichever comes first.

Are BYO Licensees eligible?

We’ve worked with licensees to lodge their applications for a Temporary Limited Licence, and further streamline their approval timeframes.

One client was the holder of a BYO permit. The licensee had tried to lodge an application through the VCGLR’s online portal, but the portal didn’t allow a Temporary Licence for a BYO permit holder.

The licensee called the VCGLR and was told that because they only held a BYO permit, they were not eligible for the Temporary Limited Licence.

The licensee got in touch with us and we challenged this position.

After working with the VCGLR to determine that the licensee was in fact eligible, we were able to find a work-around for the VCGLR’s online form to lodge the application.

With our help, the licence was issued in less than 48 hours.

If you’re having trouble with your temporary limited licence application, or need help understanding the process, feel free to get in touch with us to see how we can help.


What if you’re not eligible?

If you don’t already hold a permanent liquor licence and aren’t eligible for the Temporary Limited Licence under the VCGLR’s fast-track scheme, don’t fret.

We’ve worked with some businesses that are taking the pandemic as an opportunity to reflect, regroup, and plan for when things return to normal. This includes businesses looking to apply for a permanent liquor licence - such as a Restaurant or Cafe licence, ready for when doors re-open.

Now is a great time to get these types of applications in with the VCGLR and Council (the sale and consumption of liquor typically triggers the need for a planning permit as well as a liquor licence).

Most Councils around Victoria have committed to fast-tracking business approvals. The VCGLR has always been one of a select group of government agencies that is good to deal with, and this is still the case during the pandemic.

You can also apply for a temporary limited licence as a non-licensee, to authorise the sale of liquor online. The application won’t be streamlined, and you’ll need to meet all of the application requirements, so as always we recommend talking to an expert about these options.

If you want to explore your options for a permanent liquor licence, new planning permit or amendment to your existing approval, contact us today to see how we can help.

Disclaimer

The information presented in this article is general in nature and intended for readers in Victoria, Australia and is current at the date of publication. COVID-19 is an evolving situation. This information does not take into account your personal or business circumstances. Always seek specific, tailored professional advice to determine whether this information is appropriate for your circumstances.

Dan McQuinn