The 'floor area' of retail premises under s.3(1) of the Retail Tenancies Act 1986 (Vic) is the lower surface area of each level of the premises used, to be used, or designed and available for use in the retail business, without distinction between 'core' and 'incidental' business purposes. For motels, caravan parks and similar premises, this will typically include outdoor areas such as swimming pools, barbecue areas, paths, driveways and gardens that form part of the business offering. The narrow structural approach requiring covered or enclosed surfaces is rejected. The decision's application to the Retail Tenancies Reform Act 1998 is uncertain given the new Act's reference to 'lettable area' guidelines.
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