Liquor and Other Acts Amendment Bill 2008

The planned reform of the Liquor Act moved a step closer to enactment when the Liquor and Other Acts Amendment Bill 2008 was tabled in the Queensland Parliament on 26 August. The details of the Bill do not differ greatly from the most recent press releases and comments made by the Queensland State Government and we have updated details from our previous article on the reform process below.

a) Ministerial banning power

The Minister will have the power to ban certain liquor products permanently.. The banning power will be directed at products which: specifically target and encourage the consumption of liquor by minors or young people or are likely to be confused with soft drinks or confectionery or are likely to have an appeal to young people.

The introduction of a power of this kind is largely uncontroversial, and brings Queensland into line with other jurisdictions.  However, there is no apparent right of appeal nor can the manufacturer show cause why the product ought not to be banned.

b) Mandatory RSA and RMLV training

As expected, RSA training will be mandatory for all staff involved in the service of alcohol. This includes bartenders, glass collectors, floor hostesses, security providers, room service staff and bottle shop staff.

RMLV training will be mandatory for all licensees, nominees and managers and will need to be renewed every three years, in line with the renewal period for RSA.

c) Standard trading hours

The move to standard trading hours will see the cancellation of all existing Extended Hours Permits which allow trading between 5 am and 7 am or between 7 am and 10 am.

Licensees may apply for an extended hours permit to include trading between 9 am and 10 am if it can be demonstrated that there is a community need for the permit.

Commercial licence holders may apply for a permit to trade between 7 am and 9 am only for the purpose of selling and supplying liquor to or for persons genuinely attending a function held on the licensed premises during those hours

Community club licence holders may apply for approval to trade between 7 am and 10 am provided there is a community need for the approval and the club is a sporting club.

d) Manager’s licence

The introduction of a manager’s licence is intended to ensure that managers of licensed venues are responsible for ensuring compliance with the Act and conditions of the licence.

An approved manager must be on the premises or readily available at all times the business is open between 7 am and 12 midnight. A manager must be on the premises at all times the business is open between 12 midnight and 5 am. Licensees who are individuals may apply for an exemption from this requirement for a period of up to three months under certain circumstances.

The manager must have completed the RMLV and RSA courses and must be of good character. In the event a licensed manager is found to have a poor management record, such as frequent infringement notices or documented complaints, the licence may be refused or cancelled.

The manager’s approval will be for a period of five years, which is at odds with the validity period of RMLV and RSA – three years.

e) Licence type restructure

The licence type restructure has followed the proposed outline. The table below contains the pre amended and post amended licence types.

A new bar licence type will be created for businesses with the principal activity of supplying liquor for consumption on the premises and with a maximum seating capacity of 60 persons. This is despite strong opposition to this move from certain sections of the industry and the questions over the success of a similar initiative in Victoria.

(g) Liquor accord legislation

Liquor accords will be formally recognised in the amended legislation and are defined as:

liquor accord, for a locality, means an agreement, memorandum of understanding or other arrangement entered into for the purposes of—
(a) promoting responsible practices in relation to the sale and supply of liquor at licensed premises situated in the locality; and
(b) minimising harm caused by alcohol abuse and misuse and associated violence in the locality; and
(c) minimising alcohol-related disturbances, or public disorder, in the locality.

Risk Assessed Management Plan

Another significant development is the replacement of the House Policy by the Risk Assessed Management Plan (RAMP) and the extension of this requirement to all licensed premises other than those trading under the authority of a licence or restricted club permit of less than one year’s duration.

Any changes to the RAMP must be approved by the Chief Executive and an amended plan must accompany any applications for transfer, variation, change in trading hours, alterations or approval for a change in the principal activity of a business conducted under a licence.