The licensed premises planning experts

Matt Gorman, Consultant Town Planner of Big Picture Urban Rural specialises in town planning for licensed premises.

Background

Liquor licensing, which can be controversial in its own right, is made additionally complicated by the fact that in many cases, (in addition to a liquor licence itself) a planning permit is also required to use land to sell or consume liquor (under Clause 52.27 Licensed premises of the Victoria Planning Provisions, ie all Planning Schemes in Victoria - note you should also check the schedule to this clause in each planning scheme). Permits may be required if the licensed hours, patron numbers and/or "red line area" (ie the area in which liquor may be consumed) are proposed to be increased. 

Call or email Matt Gorman today (for contact details, click here) to discuss your licensed premises planning needs.

Planning issues around licensed premises are further complicated by the facts:

• The number, hours, patron capacity etc of licensed premises have all grown significantly in the last twenty years.
• Alcohol-related violence is well-reported in the media.
• Certain areas, known as "Designated Areas" have been identified by the Victorian Commission for Gambling and Liquor Regulation (VCGLR) in consultation with the Chief Commissioner of Police. "This is done after reviewing the level of alcohol related violence and disorder around licensed premises in certain areas". Although this primarily relates to police powers in relation to those areas, it can also be a factor against obtaining a planning permit for a licensed premises proposal therein.
• There is an increasing tendency for governments (and some Councils) to want to reduce alcohol consumption in general for community health reasons.
• For historical reasons, many licensed premises are  located in activity centres or next to residential areas,  contain large areas of underutilised space (eg upstairs accommodation in many pubs), and/or have minimal onsite car parking.
• Many licensed premises have live music, beer gardens, smoking areas etc that produce noise emissions.
• Planning policy often encourages new residential development near existing licensed premises.
• Rightly or wrongly, many neighbours (and possibly some Council officers and Councillors), are downright hostile towards licensed premises and express their views in objections (and notices of refusal, and unfavourable permit conditions) and associated litigation.
• The permit triggers relating to licensed premises have increased over the last few years (eg before April 2011 a planning permit was not required to use land to sell
  packaged liquor). The number of relevant decision guidelines has also increased.
• Several inner city councils (Yarra, Stonnington, Melbourne) have stringent local policies that licensed premises applications must meet.
• The Yarra and Stonnington Policies each require a Noise and Amenity Action Plan to be submitted.
• Certain applications involving late night trading are required to be referred to the Director of Liquor Licensing.
• Councils commonly refer liquor licensing applications to the Victoria Police.
• Licensed premises are often associated with other "frowned-upon" activities such as smoking and gambling.
• A "Cumulative Impact Assessment" is now required for certain types of licensed premises applications in addition to the ordinary information. This details "both positive and negative impacts that can result from clustering a particular land use or type of land use". The requirement for this assessment comes from a combination of the last decision guideline of Clause 52.27 Licensed premises and Practice Note 61 Licensed premises: Assessing cumulative impact, March 2011.

Matt Gorman was fortunate to have spent much of his early career in inner Melbourne, at the City of Yarra - which has one of Victoria's highest concentrations of licensed premises. Matt was involved in determining a number of applications involving licensed premises and representing the Council at VCAT in both merits hearings and at mediation.

As a consultant Matt has continued to focus on licensed premises applications as a key area of his business. He has been involved in many such applications over the years, primarily as a provider of planning reports, cumulative impact assessments and verbal advice for applicants, but also as an assessor of licensed premises applications for Councils.

Call or email Matt Gorman today (for contact details, click here) to discuss your licensed premises planning needs.

Specific services for licensed premises clients

BPUR provides a wide range of services to its licensed premises clients, which are tailored towards each client’s individual circumstances. This includes providing:

• Verbal or written advice about whether certain types of licensed premises proposals are feasible in terms of obtaining planning permission.
• Cumulative Impact Assessments. Depending on the nature of licensed premises application, the neighbourhood and the relevant Council, this document can be in one of three categories (according to BPUR terminology) "simple", "detailed" or "very detailed". The "simple" category is for situations where it is clear to most people, including the relevant Council, that the particular licensed premises proposal would not have any significant cumulative impact effect; the "detailed" category applies where it is not so clear. The "very detailed" category applies mainly to licensed premises operating after 11:00 pm in areas where there are many other existing licensed premises (eg Smith Street, Collingwood). All three require an assessment of cumulative impact of a licensed premises proposal upon an area with a radius of 500 metres or so. The "simple" assessment involves a general analysis of the licensed premises character of an area, the "detailed" and "very detailed" assessments however require more sophisticated analysis including data collection obtained from a variety of sources, including "in the field".
• Noise and Amenity Action Plans.
• Complete project management of applications or appeals involving planning permits, including lodgement of applications and coordination of both “strategy” and other consultants.
• Relevant plans (via an architect) including red line plans, for submissions with permit and liquor licensing applications.
• Project management of client responses to Council requests for further/more information, including providing key written responses.
• Written objections to applications for planning permits (and associated verbal or written advice).
• Written submissions to the Victorian Civil and Administrative Tribunal (VCAT) for appeals involving planning permits.
• Written submissions to Councils, state government or Planning Panels Victoria regarding rezoning and other changes to the planning scheme relating to licensed premises.
• Reports for Councils on planning applications involving licensed premises.
• Lodgement of applications for liquor licences themselves.
• General problem solving and research for all of the above, and other planning matters.

Call or email Matt Gorman today (for contact details, click here) to discuss your licensed premises planning needs.