A maximum patron capacity is the maximum number of patrons allowed on a licensed premises at any one time. This is to prevent overcrowding inside the venue and to minimise impacts on local amenity. A patron capacity may be used to calculate the annual licence fee payable by each licensee. Applicants will be required to provide specific documentation in order for the VCGLR to determine and endorse maximum patron capacity for a premises. Under the Liquor Control Reform Act 1998 the VCGLR can set a maximum patron capacity as a condition of a liquor licence. This is enforceable, and penalties apply for licensees who do not comply.
For us to provide you with a maximum patron capacity calculation, we will require you to provide a red line plan in electronic format (pdf). If you do not have a plan, please contact us to discuss your requirements. The plan will need to clearly indicate the proposed floor layout, along with the address of the property. You should also include external areas such as the footpath and external courtyards.
The calculation provided will be based on a number of things, including, but not limited to:
- Floor area available to patrons
- Toilet facilities
- Exit/Entry widths
Which licenses have a maximum patron capacity and require a maximum patron capacity calculation report?
A maximum patron capacity will be endorsed in respect of applications for the following new licenses. You will need to obtain a maximum patron capacity report when applying for one of these licence types or when transferring them:
- general
- on-premises
- restaurant and cafe
- late night (on-premises and general)
- full club
- restricted club.
Some existing licenses may also be endorsed with maximum patron capacities. Maximum patron capacities may also be required on some major event licenses where appropriate.
What documents need to be provided?
One of the following three documents is required in order to determine the maximum patron capacity:
- the most recently issued planning permit which contains a maximum patron capacity or
- a copy of an occupancy permit showing a prescribed patron capacity or
- a report from a registered building surveyor that states:
- the area in square metres available to the public for the whole of the internal premises (excluding toilets, passageways and the like) and (if applicable) for any external areas such as courtyards or decks and
- the number of patrons that may be accommodated on the internal premises and (if applicable) on any external areas of the premises based on a ratio of one person per 0.75 square metres and
- the number of patrons that may be accommodated based on the Building Code of Australia. Please ensure that the report displays the building surveyor registration number.
Note: The VCGLR may request a building report from a registered building surveyor showing a calculation based on a ratio of one person per 0.75 square metres if the VCGLR considers that the capacity provided in the planning or occupancy permit is inaccurate or inappropriate.
Process & Cost for your Building Surveyor Report:
For us to provide you with a maximum patron capacity calculation, we will require you to provide a red line plan in electronic format (pdf). If you do not have a plan, please contact us to discuss your requirements. The plan will need to clearly indicate the proposed floor layout, along with the address of the property. You should also include external areas such as the footpath and external courtyards.
The capacity calculation provided will be based on a number of things, including, but not limited to:
- Floor area available to patrons
- Toilet facilities
- Exit/Entry widths
