Who it's for
Many venues still have liquor conditions on their planning permit: liquor hours, patron numbers, music, or doors and windows closed at a set time. The rule they came from was removed on 1 July 2025. This page is for you if they still limit how you trade.
- Your liquor licence allows more than your permit seems to
- Council has written to you about an old condition
- You're buying or selling a venue
Not you? To change a condition that isn't about liquor, see change your planning permit.
What VC286 changed for permit conditions
Clause 52.27 used to require a planning permit to sell or consume liquor, and councils attached conditions to those permits. Amendment VC286 removed it on 1 July 2025, but the conditions are still printed on many permits. Our article on what VC286 changed has the background.
Our position: which conditions no longer bind
This is our position as consultants, not legal advice. In our view, conditions that related only to the old liquor permission no longer have effect, because the permission they belonged to is gone. These usually include:
- liquor hours, such as "the sale and consumption of liquor must only occur between…"
- patron numbers for the licensed premises
- music and amenity conditions that were there because of liquor
- doors and windows to be closed at a set time
VCAT has held that a permit issued only under clause 52.27 has no continuing effect (Ballarat Cinemas, 2025), and has followed that decision (Warrnambool Whalers Hotel, 2026). It has also held that planning conditions can't regulate a use the zone allows without a permit (McDonald's v Darebin, 2026).
Which conditions still bind
Conditions tied to something the scheme still needs a permit for continue to bind: building work that needed a permit, car parking, signs, and a use that still needs a permit in your zone, including hours or patron numbers that belong to that use. Many permits approved more than one thing, so the question is what each condition controls. A permit is enforced on its terms, not its intent, so the exact words matter.
Clause 52.27 repealed: cleaning up the record
In our view, the conditions don't have to be removed to stop binding. But while they're printed on the permit, council officers, buyers and lenders may read them at face value. The ways to clear them:
- A written position to council, asking it to confirm. Often the first step.
- A section 72 amendment to delete them. Council assesses only that change. In our view, removing a condition that has already lost its effect involves no discretion and no detriment to anyone, so it should be a simple administrative step.
- A declaration at VCAT on whether they still have effect (section 149A).
- Cancellation at VCAT of a permit issued only under clause 52.27 (section 87).
A new section 69D of the Planning and Environment Act, when it starts (by 29 October 2027 at the latest), will make permits and conditions cease to have effect where a scheme amendment means a permit is no longer required.
Your licence may allow more than your permit. Old conditions can still cap hours, patrons and music below your licence until they're dealt with.
How it works
Most old-condition matters follow four steps.
- Send us your permit Book a 15-minute call and send the permit. We fix the fee.
- We review every condition You get our position on each one in writing.
- We agree the route Written position, section 72 or VCAT. You approve everything before it goes.
- We deal with council We put the position and follow it through, preparing a VCAT application if needed.
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
Each step is a fixed fee, quoted before we start. Timing depends on the route and on council.
- Permit review
- Fixed fee, quoted before we start
- Section 72 amendment
- 60 statutory days; the clock pauses for further information and notice
- VCAT
- Fixed fee, quoted once the route is clear. Timing depends on VCAT.
What we need from you
To review your permit, we'll ask for:
- The planning permit, with every amendment, and the approved plans
- Your liquor licence and red line plan
- Any letters from council
- What you want to change: hours, patrons or music
Questions
Do the liquor conditions on my planning permit still apply?
In our view, conditions that related only to the old liquor permission no longer have effect. Since 1 July 2025 no planning permit is needed for liquor, so conditions such as liquor hours, patron numbers for licensed premises or closing doors and windows have nothing left to attach to. Conditions tied to building work, car parking, signs or a use that still needs a permit continue to bind.
What changed on 1 July 2025?
On 1 July 2025, Amendment VC286 removed clause 52.27 from every Victorian planning scheme. Clause 52.27 was the rule that required a planning permit to sell or consume liquor, so that permit is no longer needed. Your venue's use may still need a permit depending on the zone, and building work may too. The old liquor conditions, however, are still printed on many permits.
How do I remove old liquor conditions from my permit?
Often the first step is a written position to council asking it to confirm the conditions no longer bind. The formal routes are a section 72 amendment with council, a declaration at VCAT, or, for a permit issued only for liquor, cancellation at VCAT. A new section 69D will also deal with this once it starts. We tell you which route suits your permit and your council.
What if council says the conditions still apply?
Respond early and in writing. Ask council which permission each condition relates to, because the question is what each condition controls, not whether it's printed on the permit. If council won't accept the position, it can be tested through a section 72 amendment or at VCAT. Don't ignore a compliance letter in the meantime; we prepare the response. See council enforcement notices.