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Deletion of clause 52.27 (Licensed Premises)

On 1 July 2025, Amendment VC286 will delete Clause 52.27 (Licensed premises) from the Victoria Planning Provisions so that businesses will no longer be required to obtain a planning permit for the sale and consumption of liquor.

Why is the amendment needed?

This amendment was a commitment of the Economic Growth Statement, Victoria: Open for Business December 2024.

The amendment changes the Victoria Planning Provisions and all planning schemes in Victoria by:

  • Deleting Clause 52.27 (Licensed premises). Deleting schedules to Clause 52.27 from all relevant planning schemes.
  • Amending Clause 13.07-3S (Live Music) by removing reference to licensed premises.
  • Amending Clause 66.03 (Referral of Permit Applications Under Other State Standard Provisions) by removing the requirement to refer an application to the Victorian Liquor Commission.
  • Amending Clause 66.05 (Notice of Permit Applications Under State Standard Provisions) by removing the requirement to refer an application to Victoria Police.

Are there other or new modified requirements?

From 1 July 2025, a licensed premises will not require a planning permit, but it will still need a licence from Liquor Control Victoria to sell or serve liquor. As part of that process they will need to provide evidence to Liquor Control Victoria that their licence application does not contravene the planning scheme. See vic.gov.au/liquor-licensing for more information.

A planning permit may still be required for the use or development of the land for other matters (such as use of the land for a bar or restaurant) depending on the planning controls affecting the land. Applicants will need to discuss planning requirements with their local council.

Questions and answers

Amendment VC286 will change the Victoria Planning Provisions and all planning schemes in Victoria by deleting Clause 52.27 (Licensed premises).

A planning permit will no longer be required to use land to sell or consume liquor. A liquor licence will still be required to supply alcohol.

In addition to deleting clause 52.27 (Licensed premises), the amendment makes complementary changes to the Victoria Planning Provisions and all planning schemes in Victoria by:

  • Deleting schedules to clause 52.27 from all relevant planning schemes.
  • Amending clause 13.07-3S (Live Music) by removing reference to licensed premises.
  • Amending clause 66.03 (Referral of Permit Applications Under Other State Standard Provisions) by removing the requirement to refer an application to the Victorian Liquor Commission.
  • Amending clause 66.05 (Notice of Permit Applications Under State Standard Provisions) by removing the requirement to refer an application to Victoria Police.

Depending on the zoning of the land, a planning permit may be required to use or develop land for a Restaurant, Bar, Nightclub or other use seeking to supply alcohol – but not in relation to the supply of liquor. If an application is required, it will be for the use or development being proposed. Planning schemes allow some changes in land use without the need for a permit, provided conditions are met. Some use or development types may also be prohibited in a zone.

To find out more, check your planning scheme or discuss your proposal with your local council. They can help with:

  • whether your proposal needs a permit
  • if your proposal is prohibited
  • what information you need to supply with your application
  • how your application will be processed

An existing planning permit for a licensed premises (including any conditions on the permit) may still apply. The local council, as the responsible authority, determines the planning requirements of its planning scheme.

For more information, talk to your local council about your existing permit.

If the council has not yet issued the planning permit, from 1 July 2025, you won’t need to continue with the application as a permit is no longer required. A liquor licence will still be required to supply alcohol.

If your planning permit is only for the sale and consumption of alcohol, under clause 52.27 of the planning scheme, and the existing liquor licence is no longer being acted upon (is replaced by a different licence category), then you may no longer need to comply with the existing planning permit. You will still need to apply to Liquor Control Victoria for the new or varied liquor licence.

If your planning permit contains multiple permissions (e.g. a permit was required for the use of the land for a Bar or Restaurant as well as to serve alcohol), then you may still need to comply with those other aspects of the planning permit.

The local council, as the responsible authority, determines the planning requirements of its planning scheme. For more information, talk to your local council about your existing permit.

The sale of a business does not affect planning requirements. Where no change is made to the use of the land, the planning permit remains valid and the new business owner will need to comply with the permit.

Amenity matters will continue to be enforced by Victoria Police, Environment Protection Authority, Liquor Control Victoria and local councils, as relevant to their area of responsibility.

When deciding whether or not to grant a liquor licence, Liquor Control Victoria may take into account factors including the possibility of nuisance or vandalism, and the harmony and coherence of the environment.

The Liquor Control and Reform Act 1998 lists a range of factors that may form evidence of detriment to the amenity of the area, including noise, litter and disorderly behaviour.

Where an existing planning permit for a licensed premises applies, the council is the responsible authority for the enforcement of conditions on that permit, including any that relate to amenity.

Applicants for a liquor licence must provide public notice of a licence application as required by the Liquor Control and Reform Act 1998.

Packaged liquor, late night (packaged liquor) and prescribed licence applications must be advertised in a newspaper as specified by the Act.

The council will still be responsible for the enforcement of any:

  • planning permits that apply to the land.
  • local laws affecting licensed premises.
  • relevant environmental health regulations.

The council will also continue to be notified of new liquor licence applications made to Liquor Control Victoria and have the opportunity to object to the granting of a licence if it deems that it would detract from or be detrimental to the amenity of the area.

A council can also object to a licence applications for packaged liquor premises if it may bring about harm arising from the misuse and abuse of alcohol.

Victoria Police, Liquor Control Victoria or Environment Protection Authority, as relevant to their area of responsibility.

Where an existing planning permit for a licensed premises applies, the local council should be contacted. The local council may also have local laws in place that relate to your concerns or questions.

No transitional provisions are included in Amendment VC286, which deletes Clause 52.27. The provision no longer applies as of the gazettal of the amendment on 1 July 2025.

If you have any questions about the currency of an existing planning permit or other planning requirements affecting a licensed premises, contact your local council.

From 1 July 2025, applications for a new liquor licence will not require a planning permit, but applicants will still need to provide evidence that their application does not contravene the planning scheme. The process for providing evidence is explained on the liquor licensing page at vic.gov.au

A licensed premises that serves alcohol

Page last updated: 13/06/25

Status

Guide
current
Published:
Last updated: