The 'ultimate consumer' test for determining whether premises are used for the 'retail provision of services' under s 4(1)(a) of the Retail Leases Act 2003 (Vic) does not distinguish between commercial and non-commercial users of the service. A business that uses a service (such as cold storage) for its own commercial purposes is an 'ultimate consumer' of that service provided it does not pass the service on to a third person. Additional relevant considerations include the nature of the service and whether it is generally available to any person for a fee. Cold storage warehouse premises may constitute 'retail premises' under the Act.
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