The latest Public Health Direction placing a limit of 10 on public or private gatherings DOES NOT apply to licensed premises.

The relevant part from Movement and Gathering Direction (No. 3) is set out below.

23 Gathering does not include a gathering:
…
i. at a business, facility or service operating in accordance with, or not restricted under, the Restrictions on Businesses, Activities or Undertakings Direction (No. 5), or its successor, or another Public Health Direction;
Example – wedding, funeral, accommodation facilities, retail store, shopping centre
j. at a business, facility or service not restricted under the Restrictions on Businesses, Activities or Undertakings Direction (No. 5), or its successor, or another Public Health Direction;

Restrictions on Businesses, Activities or Undertakings Direction (No. 5) is the public health direction affecting licensed premises. Licensees must continue to comply with restrictions on patron numbers based on venue size, and any other matter contained in their COVID Safe plan or checklist.

It is reasonable to believe that if the current outbreaks are not contained there may be further restrictions announced in the future. We will endeavour to provide updates as information becomes available.

Recent news reports and communication from OLGR tell us many business operators continue to struggle with their requirements regarding the collection of contact information. It is fair to say that everyone, customers, staff and business owners, is inconvenienced by the requirements regarding collection and storage of information. But, if Queenslanders want to avoid going back to living under lockdown, fast and effective contact tracing when an infection has been discovered is of critical importance, which has been highlighted by the recent resurgence of COVID-19 in Victoria and NSW. Additionally, the penalty for non-compliance is an on the spot fine of up to $6,672.

To help business owners meet their obligations, we have answered some common questions below and provided some guidance on the various methods of collection available.

How can you record the information? 

There is no prescribed method and you can record the information on paper or electronically. However, Queensland Health has provided the following examples of unsuitable methods:

• A notebook stored at the front counter that relies on patrons to voluntarily provide contact information without verification from staff
• A third-party mobile application where the business has little or no control over producing information within one hour
• A sheet of paper and pen that is permanently kept at a table and collected at the close of business each day

Third-Party Providers

If you choose to use a third-party option some questions to ask are:

Can you verify the information collected?
If the details entered by the patron are not preserved on their device (some services simply show an icon on the screen when the form has been submitted) and you do not receive a real time update on the information collected, it will be difficult to do this.

Can you record the patron’s entry AND exit time?
If you have no access to the information provided, it will be impossible for you to record exit times.

If requested by Queensland Health, can you provide contact information for a specific period in a timely manner?
Some services require up to 24 hours to provide a report, but the expectation is that details will be provided to a public health officer within one hour.

Other considerations include the ongoing cost to you and the reliability of the provider – if they go out of business or become unreachable, you may lose the information.

Manual Collection – Pen and Paper

As noted above, patrons must be directed to provide the information and you must prevent any tampering with the records. To assist you, we have provided this simple template, which can be cut into five separate forms. By providing each visitor with a separate form you preserve their privacy and prevent anyone else from tampering with the information. Business owners and front of house staff must ensure every visitor to the premises receives, completes, and returns a form.

Other Electronic Methods

Depending on the nature of your business, you may wish to have staff collect details using a tablet or computer. Whilst this is labour intensive, if done correctly it eliminates many of the issues with other methods.

Alternatively, this article provides methods to collect information using free online tools where you retain control of the information – https://theconversation.com/giving-your-details-to-restaurants-and-cafes-your-rights-their-obligations-and-privacy-concerns-141286.

Whose information needs to be collected? 

Contact information must be collected from all visitors to your business. which includes:

• Every person in a group of patrons
• Staff
• All contractors

However, you do not need to collect contact details from people who visit the business to pick up takeaway food or drinks.

What information needs to be collected? 

The following information must be collected:

• Name
• Mobile phone number
• Email address OR residential address – information from OLGR tells us an email address is preferred
• Period of visit/patronage – this requires you to record the date and arrival time, along with the departure time or approximate duration of the visit

Whilst it is appreciated that there are difficulties in recording the time someone leaves the premises, the feedback from OLGR and Police is that business operators must do their best to collect the information. In our view, ‘doing your best’ would include at least the following:

• Ensuring that whatever system you have in place provides patrons with the opportunity to indicate the intended duration of their stay, or the time they intend leaving or similar (We know that some venues have a second register available for patrons to simply indicate their name and the time as they leave.)
• Obvious signage stating that the law requires the venue to collect contact tracing information that includes the period of the visit
• Ensuring staff receive proper instructions in relation to this aspect

How long must you keep the information?

The information must be securely stored for 56 days and then deleted or destroyed.

Can you use the information for marketing? 

Information collected must not be used for marketing or any other purpose.

This post was updated on 7 August 2020 to include the latest information from OLGR and Queensland Health.

 

The stage 3 restrictions are effective from midday on Friday 3 July. To help you understand what this means for your business, we have answered some frequently asked questions below.

1. The updated Roadmap states that nightclubs may re-open. Does this mean that dance floors can now be used?
   Dance floors may not be used for dancing but may be used for dining or drinking.
2. Are the industry approved plans redundant now?
   No, if you are operating in accordance with an industry plan you must continue to do so. We believe that there are updates to the Hotels and Clubs COVID Safe Plan to incorporate more detail for nightclubs and adult entertainment venues that are presently with Queensland Health. We are closely monitoring these changes and will let you know when we have more information. Once these are in place, you may wish to review the new version against your business practices.
3. Does the reference in the Roadmap to nightclubs include adult entertainment venues?
   Kind of. “High risk venues” which include nightclubs and adult entertainment venues, are expressly mentioned in the updated version of the CHO direction for stage 3. It states that adult entertainment venues may operate but must do so in compliance with an approved industry plan.
4. Does the removal of the requirement for defined areas allow a licensee to calculate the allowable number of patrons by totalling all the public areas of the venue and dividing by four, but have most or all of those patrons in a smaller area?
   On the face of it, yes, but that doesn’t feel like it’s in the spirit of things. One possible consideration would be that in order to include an area of the premises in your calculation it would need to be available for patrons to use. Another consideration may be that because smaller venues can now have a higher patron density – 1 patron per 2 square metres – larger venues with multiple areas may not need to be as focussed on managing patron density.The underlying idea, according to the CHO in yesterday’s press conference, is for patrons to have the opportunity to practice physical distancing, which would tie in with either of these approaches. We have sought specific clarification of OLGR’s views on these points and will let you know as soon as we hear back.
5. Is bar service allowed?
   Yes.
6. Can a larger venue be broken into smaller venues to take advantage of the 1:2 square metre equation?
   From our reading of the updated public health direction, no this would not be possible.

Annual Licence Fees

Annual licence fees have been waived for the 2020/21 financial year.

No Change to Value of Penalty Unit

The start of the financial year normally triggers an increase in the value of the penalty unit. This year the increase has been declared at 0%, therefore the penalty unit remains at $133.45 and there is no need for licensees to update compliance signs.

RMLV Training

If you need to renew your RMLV, we provide an online course every second Tuesday, with the next one scheduled for 14 July 2020. Please call our office to find out more or make a booking.

Queensland restrictions on businesses were eased further on Monday 1 June and the industry COVID Safe Plans for hospitality operators were released on Friday 5 June, allowing licensees to have up to 20 patrons per defined area. The information below summarises the key changes:

• All businesses permitted to offer on-premises service can now have up to 20 patrons on the premises. Businesses can choose to adopt an industry COVID Safe Plan or continue to operate under a COVID Safe Checklist. Those businesses not operating under a Plan are limited to 20 patrons for the whole of the venue, indoors and outdoors.
• The industry plans most relevant to licensed premises are those for Hotels and Clubs and Food Services. There are several differences between the plans, and it appears to be open to licensees to decide which industry plan they choose to adopt. In our view the Hotels and Clubs plan provides the greatest flexibility for licensees.
• Businesses operating in compliance with an industry COVID Safe Plan can have up to 20 patrons per defined area of the premises, subject to maintaining social distancing and having at least 4m² of public floor space per patron in each defined area.
  • Defined areas must be clearly separated by a wall, planters, partitions etc, and have at least 1.5m between patrons in separate areas where applicable.
  • Patron movement between defined areas is not permitted and must be controlled by the business operator.
  • Amenities may be shared with all patrons on the premises and, depending on which industry plan you adopt, staff may work in all areas.
  • The COVID Safe Plan is an alternative to the COVID Safe Checklist and licensees who have adopted a plan must display a statement of compliance but are no longer required to display the COVID Safe Checklist.
    • Please note: the COVID Safe Plans require certain signage to be displayed and recommend the display and use of checklists to manage and monitor compliance.
• Patrons can now purchase alcoholic drinks without any requirement to also purchase food. However, drinks may only be served and consumed while the patron is seated at a table or bar.
• Bar service is now permitted, but only while the patron is seated on a stool no less than 1.5m from the nearest person.
• Patrons must not be seated next to serving or payment areas. This applies to all patrons but is most relevant to those seated at a bar and would require licensees to clearly delineate the service points at the bar.
• Contact details for all customers, staff and contractors must now be retained for at least 56 days. This contradicts (and overrules) what is in the COVID Safe checklist.
• ID scanning by relevant licensees in Safe Night Precincts is only required if the premises is open after 1am, Monday to Thursday, or after midnight on the weekends. If you are required to scan, scanning must commence from 10pm in accordance with the usual requirements..
• All business operators must continue to comply with relevant Public Health Directions.

The industry plans are designed to provide a framework for business operators. If you require any advice or assistance in completing the plan, please contact our office on 07 3252 4066.