Do I need a planning permit for a liquor licence?

Article

In short

• Since 1 July 2025, a planning permit is no longer needed to sell or consume liquor in Victoria. Amendment VC286 removed clause 52.27 from every planning scheme.
• You still need a liquor licence from Liquor Control Victoria (LCV).
• The use of your venue, such as a restaurant, food and drink premises, hotel or tavern, may still need a planning permit, depending on the zone.
• Building works may still need a permit, and so can car parking reductions and some overlays.
• If your site already has a permit with old liquor conditions, it's our position that conditions relating only to clause 52.27 no longer have effect.

Do I need a planning permit for a liquor licence?

If you're asking whether you need a planning permit for a liquor licence, the answer since 1 July 2025 is no, not for the liquor itself. Before that date, clause 52.27 of Victorian planning schemes required a permit to use land to sell or consume liquor in many cases. Amendment VC286 removed it from every scheme.

That doesn't mean planning no longer matters. Planning now deals with the venue itself: what the land is used for and what gets built. Liquor is dealt with by LCV through your licence. You may still need a planning permit, just not because you're serving a drink.

What changed on 1 July 2025?

Before VC286, many venues needed two things to serve liquor: a liquor licence from LCV and a planning permit under clause 52.27. Council would assess the liquor side of the venue, often setting conditions on hours, patron numbers and music, and LCV would then assess the licence. The same questions were asked twice by two bodies.

Since 1 July 2025, that second step is gone. Hours, patron numbers and the licensed area for liquor are set through the licence. For the background and our position on the conditions left behind, read VC286: what changed for venues.

When does a venue still need a planning permit?

Does the use need a permit in my zone?

Every site sits in a zone, and the zone decides whether the use needs a permit. In the commercial zones, many food and drink uses are "Section 1", which means no permit is needed for the use, subject to conditions such as floor area limits. In other zones, the same use may need a permit. A hotel or tavern may be treated differently from a café. Always check the zone first.

Are you doing building works?

Building and works, such as a new shopfront, an extension or a new outdoor structure, may need a planning permit even when the use doesn't. A building permit from a building surveyor is a separate approval again.

Is there an overlay?

Overlays add extra controls on top of the zone. A heritage overlay, for example, can require a permit for changes to the outside of the building.

Do you have enough car parking?

Clause 52.06 sets car parking requirements for uses. If your site can't provide the parking required, you can apply to reduce or waive it. See car parking permits.

Will you have live music?

Clause 53.06 applies to some live music venues, and music noise from venues is regulated under the EPA noise framework. Acoustic reports and noise limiters are the standard tools. See live music and planning.

Do you want tables on the footpath?

Footpath trading and outdoor dining need a council local-law permit, separate from any planning permit. Rules vary by council. If you want to serve liquor there, that area also needs to be on your licence. See outdoor dining permits.

What if my site already has a permit with liquor conditions?

Many existing permits still carry conditions from the old clause 52.27 permission: liquor hours, patron numbers, music limits, or requirements to close doors and windows.

Plan2Pour's position, as consultants and not legal advice, is that conditions that related solely to clause 52.27 no longer have effect. Conditions tied to a permission the scheme still requires, such as building works, car parking, signage or a use that still needs a permit, continue to bind. Each permit has to be read condition by condition. Our page on old liquor conditions on your permit explains how we do that and the options for cleaning up the record.

Why does the planning permit still matter for my licence?

Where the use still needs a permit, that permit's conditions on hours or patrons still apply to the venue, whatever the licence says. The planning permit sets the ceiling. A licence can't take you past it.

This is the part most operators find out after signing a lease. They plan a late-trading bar for 120 people, then discover the permit for the use says something quite different. Checking the zone and the permit before you sign is the cheapest step in the whole process. Our site check does exactly that.

How long does a planning permit take if I need one?

Council has 60 statutory days to decide a standard planning permit application. The clock pauses while council waits for further information and while the application is on notice. VicSmart applications, for simple matters, have a 10 business day timeframe. Real-world times are often longer.

Notice to neighbours is common. Neighbours can object, and if a permit is granted over objections, objectors can apply to VCAT for review. Build that possibility into your plans if the site is near homes.

A quick checklist before you apply for a liquor licence

• What zone is the site in, and does the use need a permit there?
• Are there overlays, such as heritage?
• Is there an existing planning permit, and what do its conditions say?
• Are any of those conditions old liquor conditions from clause 52.27?
• Are you planning building works?
• Does the use meet the car parking requirement, or will you need a reduction?
• Will there be live music or late trading near homes?
• Do you want footpath trading?

Getting the planning side right

If you're opening a new venue and the use or works need a permit, see our planning permit for a new venue service. If your site carries conditions from the old liquor permission, start with old liquor conditions on your permit. Book a 15-minute call and we'll tell you what your site needs.

Questions