Business exemptions for liquor licences

What are the specific requirements by business type?

To be exempt from holding a liquor licence you need to fulfil all the conditions for your business type on an ongoing basis. If you do not meet the requirements, you will no longer be exempt. This means you will be supplying liquor without a licence, which is an offence carrying a jail term of up to two years or a fine exceeding $35,000.

Bed and breakfast

To be eligible, the following conditions apply:

• the bed and breakfast business must not provide temporary accommodation or dormitory accommodation for more than eight adults in the course of that business
• it must not supply more than 750 ml of liquor in any one room per day
• liquor is not supplied to a minor
• the proprietor no longer needs to be a permanent resident under this exemption
• the proprietor no longer needs to complete an approved Responsible Service of Alcohol (RSA) training program.

Florists and gift services

For the purposes of the exemption, a florist or gift maker business is one where the primary purpose is to sell flowers, food or other products that are packaged as, or intended to be, gifts.

To be eligible, the following conditions apply:

• liquor must be packaged together with flowers, food or other gifts
• the volume of liquor supplied to a person must not exceed 1.5 litres per day
• the value of the liquor and its container must not be more than 50 per cent of the gift's sale price
• liquor supplied needs to be purchased by the proprietor on a retail basis
• both the purchaser and recipient of the flowers or gift must be 18 years or over.

Hairdressers

For the purpose of the exemption, a hairdresser can be a business that provides hairdressing or barber services.

To be eligible, the following conditions apply:

• any liquor supplied must be complimentary (no cost) and ancillary to the provision of hairdressing services
• any liquor supplied must be consumed on the premises by a customer
• liquor must not be supplied to a minor.

Butchers

For the purpose of the exemption, a butcher must have as its primary function the retail sale of raw meat or fish for human consumption, but does not include where meat is sold for consumption on the premises.

To be eligible, the following conditions apply:

• liquor must be packaged in sealed containers and supplied for off-premises consumption
• liquor that butchers supply may only be any type of beer, wine, cider or mead
• liquor must not be supplied to a minor
• the volume of liquor supplied to a person must not exceed 1.5 litres per day.

Cruise ships

A cruise ship is now exempt from the requirement to hold a liquor licence for the supply of liquor, if:

• the ship has sleeping facilities for at least 100 passengers, other than crew members
• the ship is used to transport passengers for a fee, whether within or outside state waters or in the course of overseas or interstate journeys
• liquor is only supplied to the registered passengers or crew members of the cruise ship
• liquor is only supplied for consumption on board the cruise ship.

Hospital, residential care services and retirement villages

Hospital, residential care services and retirement villages are now exempt from the requirement to hold a licence to supply liquor, providing that the recipient is a resident, or patient of the hospital or a visitor of a resident or patient.

There are certain stipulations that these businesses must adhere to under the exemption which are:

• the liquor is not supplied to minors
• no more than two standard drinks a per day are supplied to each recipient
• the liquor is purchased on a retail basis.

Please note the following definitions:

As defined in the Health Services Act 1998:

• A hospital refers to a denominational hospital, a designated public hospital, a metropolitan hospital, a private hospital, a privately operated hospital or a public hospital.
• Residential care service means premises where accommodation and personal or nursing care, or both personal and nursing care are provided to a person in respect of whom a residential care subsidy or flexible care subsidy is payable under an Act of the Commonwealth.

As defined in the Retirement Villages Act 1986, a retirement village means a community where:

• the majority of which is retired persons who are provided with accommodation and services other than services that are provided in a residential care facility
• at least one person, before or on becoming a member of the community, pays or is required to pay an in-going contribution.

What happens with my existing licence?

Existing licences are still valid and businesses can still trade in accordance with the conditions on that licence.

However, licensees may choose to surrender their existing liquor licence and operate without a licence, if they meet the requirements outlined above.

See our Surrender a licence or permit page for more information.

If your situation changes or you are unsure whether you qualify for an exemption, contact Liquor Control Victoria.