Key takeaways:

• Gazetted on 1 July 2025, Amendment VC286 to the Victorian Planning Provisions removes the requirement to obtain a planning permit for the use of land for the sale and consumption of liquor.
• New licensed premises will now only need a licence through Liquor Control Victoria (LCV) under the Liquor Control Reform Act. A permit may still be required under the planning scheme for use of land and buildings and works for a hospitality venue depending on the zoning.
• Existing licensed premises seeking to vary a Licence via LCV may need to amend existing planning permits issued pursuant to the former Clause 52.27, to demonstrate that the premises does not contravene the planning scheme.
• An existing licensed premise operating under a planning permit will still likely need to comply with existing permit conditions and endorsed plans. Planning approval may still be required where an existing permit is sought to be amended.

Amendment VC286 to the Victorian Planning Provisions removes the requirement to obtain a planning permit for the use of land for the sale and consumption of liquor.

This amendment streamlines the process for newly licensed premises, requiring only a license from Liquor Control Victoria (LCV) via the Liquor Control Reform Act 1998.

The change comes as part of the Victorian State Governments ‘cutting red tape’ agenda, which seeks to make it easier and more affordable for cafes, pubs and restaurants to open their doors.

However, this is not a blanket removal of permit requirements for hospitality venues. Certain Section 2 uses within certain zones will still require a planning permit. For example:

• ‘Hotels’, ‘bars’ and ‘function centres’ located in Residential zones; and
• ‘Place of assembly’ land uses in Commercial zones.

While a permit will no longer be required for the sale and consumption of liquor following Amendment VC286, the amenity impacts associated with these Section 2 uses will remain an important planning consideration. A permit may also be required for any buildings and works associated with these uses depending on the zone and/or any relevant overlays.

So what happens if a premises already has a planning permit with conditions?

Licensed premises operating under existing planning permits with endorsed red line plans and permit conditions will still likely be required to comply with those conditions including hours of operation and patron numbers. Any proposed changes to endorsed red line plans will likely require approval via secondary consent.

It remains unclear whether Liquor Control Victoria (LCV) will require venues with existing planning permits to formally amend those permits, removing permissions and conditions related to Clause 52.27, when amending existing liquor licenses.

All applications for a new license will still require confirmation that the premises does not contravene the planning scheme, including any permit conditions, pursuant to Section 16 of the Liquor Control Reform Act.

While this change simplifies the process for new venues, there may still be some need for amendments to existing planning permits where the venues seek approval for changes via LCV.

If you need assistance understanding the removal of Clause 52.27 or are considering an application through Liquor Control Victoria, please contact our team today.