Who it's for
A planning enforcement notice in Victoria usually starts as a letter from council saying your venue is breaching a permit condition: hours, patron numbers, music, deliveries or outdoor seating. This page is for restaurants, cafés, bars and pubs that have just had that letter.
- You've received a notice to comply or an infringement notice
- You bought the venue and the permit has conditions nobody mentioned
- Council has said it may take the matter to VCAT
Not you? If police or Liquor Control Victoria (LCV) wrote to you, see police objections to your licence or LCV inspections and breaches.
What to do first
Don't ignore it. Find the response date and put it in your diary. Silence moves a matter to the next step.
Don't reply in a rush. A quick "sorry, we'll stop" can read as an admission that the condition applies. If you need time, acknowledge the letter in writing.
Don't sign new conditions or undertakings until you know exactly what each one does to your trade.
A permit is enforced on its terms, not its intent
Council can only enforce what your permit actually says, and only conditions that still have effect. Since 1 July 2025 (Amendment VC286), a planning permit is no longer needed to sell or consume liquor, yet many permits still carry old liquor conditions. So the first question is often not "did we breach it?" but "does that condition still apply?" More on old liquor conditions on your permit.
If the condition still applies
You can apply to change your planning permit through a section 72 amendment. Council assesses only the change you ask for, not the whole permit again.
How it works
We start with what the permit says, then deal with council.
- Send us the letter In a 15-minute call we confirm what's needed and fix the fee.
- We work out where you stand We check which conditions still bind and what council can actually enforce.
- We prepare the response A written response setting out the position and any fix. You approve it before it goes.
- We deal with council directly We talk to the compliance officer and planner until the matter closes, or take it to a VCAT review if needed.
Don't settle by signing in a hurry. An undertaking given to end a dispute can limit your trade for years.
Speak with Jacob
Principal. Twelve years running venues and working inside local government.
The first conversation is free.
Book a 15-minute call(03) 7064 8477We reply within 24 hours.
Fees and timing
One fixed fee, agreed before we start. How long it takes depends on council.
- First call
- Free, 15 minutes
- Our fee
- Fixed fee, quoted before we start
- Our response
- Timed to the date in your letter
- How long
- Some matters close after one letter; others need an amendment or VCAT
What we need from you
Send what you have. We'll ask for the rest.
- The council letter or notice (all pages)
- Your planning permit and endorsed plans
- Your liquor licence and red line plan, if licensed
- Earlier correspondence with council
- How you trade now: hours, patrons, music, deliveries
Questions
What should I do if I get a planning enforcement notice?
Note the response date and reply in writing before it. First check whether the condition council relies on still has effect, because some old liquor conditions may not after July 2025. Don't admit a breach in a rushed email, and don't agree to new conditions until you know what they do. A short written acknowledgement buys time to prepare a proper response.
Can council close my venue?
Council doesn't start there. Its planning tools come in steps: a compliance letter, a notice to comply or infringement, then an application to VCAT for an enforcement order. An enforcement order can require a use or development to stop. Building and food safety issues run under separate rules. For planning matters, a prompt, accurate written response keeps things at the letter stage.
Is the condition council relies on still valid?
It depends on what the condition was for. Since 1 July 2025, a planning permit is no longer needed to sell or consume liquor. Our position, as consultants and not legal advice, is that conditions that related only to the old liquor permission no longer have effect. Conditions linked to buildings and works, car parking, signage or a use that still needs a permit continue to bind. We check each one against your permit's history.
How long do I have to respond?
Check the letter, because council's date is the one that matters. Notices to comply and infringement notices carry their own dates. An infringement notice shows the date it must be paid by, and you can ask for a review. If the date is close, acknowledge the letter in writing straight away and tell council when your full response will arrive. Then send us the letter so we can start.
What if we cannot agree with council?
There are other routes. If a condition still binds but no longer suits you, you can apply to council to amend the permit. If the dispute is whether a condition still has effect, VCAT can be asked for a declaration. If council seeks an enforcement order, VCAT decides it. We prepare the case and present it, alongside counsel where needed.