From 1 July 2025, licensed premises will no longer require a planning permit. The licensed premises provisions (clause 52.27 and other related provisions) are being removed from all planning schemes in Victoria with Amendment VC286 scheduled for gazettal on 1 July 2025. The basis of the removal of these provisions is to reduce red tape for business so they are no longer required to obtain a separate planning permit for the sale and consumption of liquor. A process that is essentially duplicated by the process for obtaining a liquor licence through Liquor Control Victoria (LCV). The changes to the planning schemes by Amendment VC286 will include: 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. There will be no transitional provisions included in the Amendment. Whilst a planning permit will no longer be required, a licence from the LCV to sell or serve liquor is still required. Further, anyone applying for a licence will need to provide evidence to LCV that their licence application does not contravene the planning scheme. This may include planning permission that demonstrates a permit to use the premises for bar or restaurant, if permission is needed under the zone. What about existing permits? We foresee teething issues transferring to this new process, particularly for existing permit holders. Businesses will still be required to comply with any existing permits as permits often contain multiple permissions. It is unclear whether LCV will require existing permits to be amended to delete permissions and conditions relating to licensed premises under clause 52.27. This may be required if a business applies for a change of licence. It is also unclear whether LCV will accept advice from Council as to whether a planning permit needs to be amended. Depending on the approach of LCV, i.e. requiring an amendment to existing permits, written advice from Council or otherwise, it may not, at least initially reduce red tape. Council’s future role in liquor regulation? The LCV website states that there is no change to LCV’s role or what it considers as part of assessing an application because of the planning changes. Under the Liquor Control and Reform Act 1998 Councils will continue to be notified of new liquor licence applications made to LCV 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 application for packaged liquor premises if it may bring about harm arising from the misuse and abuse of alcohol. In terms of ongoing regulation, Council will still be responsible for the enforcement of any: existing planning permits that apply to the land; local laws affecting licensed premises; or relevant environmental health regulations. Councils will only be able to enforce any amenity related concerns for new or existing licenses, relating to its area of responsibility, otherwise enforcement will fall to Victoria Police, Environment Protection Authority or LCV. Further information If you’d like to learn more about the removal of clause 52.27 and its implications our Planning and Environment team would be happy to provide guidance or advice. If you’d like to stay up to date with any of Russell Kennedy's mailing lists, please sign up here.