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.

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.

9 June 2020

Please check our latest article for current restrictions – COVID-19: Further Easing and Industry Plans

The following update is based on our understanding and interpretation of the most recent communications from Government. As you are aware, the rules seem to change rapidly and frequently, and the feedback we regularly receive is that the information from various sources is often confusing and at times conflicting. We are doing our best to distill accurate advice for you from these various sources, but unfortunately it is not possible to make a definitive statement in some circumstances.

Snacks Satisfy the Dining-in Requirements

You are no longer required to provide food that meets the definition of a meal to customers who wish to have an alcoholic drink on the premises. This will allow cafes, small bars and other licensed premises without the capacity to prepare meals to open for on-premises trade. Snacks, nuts, chips, tapas etc are now acceptable. Social distancing rules continue to apply. As we indicated in our earlier email update, the 1.5m distancing rule does not apply to people dining in a group at the same table. The distance must be maintained between groups and tables.

Bar Service

Customers may order and pay at the bar or another counter, but food and drink must be brought to the table where the customers are seated. This is aimed at reducing the amount of contact between staff and customers and to assist in social distancing.

What Licence Types Can Provide On-Premises Dining?

The Government roadmap refers to ‘no bars’, which is a reference to bar service, not to the small bar licence type. From the information provided, it appears that all licensed businesses can open for on-premises liquor sales, subject to the restrictions regarding food, patron numbers and social distancing, regardless of their licence type.

Non-Essential Business, Activity and Undertaking Closure Direction (No. 10) does separately deal with “nightclubs” – that is, it prohibits the operation of a nightclub business. However, we believe that this is a reference to a nightclub style of business operation rather than to the nightclub licence category, and that the holder of a nightclub licence is entitled to operate pursuant to restaurant rules in the way ordinarily permitted under the Liquor Act, and perhaps more extensively considering all of the other concessions that have been granted.

Given the complexity around the application of the restrictions to certain licence types (like nightclubs), we strongly suggest that you call our office for specific advice about your situation if you are in any doubt at all.

COVID Safe Training

All employees must complete the free COVID Safe Work training course through TAFE Qld. Existing employees must complete the training within two weeks of on-premises trade restarting and new employees must complete it before employment commences.

The link below will take you to an enrolment page. Employees must register their interest, create an account and then enroll in the course. The course takes approximately 30 minutes to complete and a certificate is provided for download. Employers should retain a copy of the certificates on the premises.

https://tafeqld.edu.au/campaign-pages/Covid-19-Response.html?#safe

We have personally undertaken the training and it is reasonably straightforward.

Planning for Level 2 & 3 Restrictions

We have received numerous enquiries regarding licensing changes required to allow you to maximise trading opportunities as restrictions are eased further (for example, if you want to accommodate more than 20 patrons in stage 2). The most important component for the level 2 relaxations will be the adoption of a COVID Safe Plan. These are being developed by the peak industry bodies in consultation with the Health Department and are expected to be approved and available soon. For more information see the OLGR fact sheet.

You will not need to submit your plan for approval. However, if you would like any help with this, please call our office on 07 3252 4066 and one of our consultants will be happy to provide you with some advice.

Previous Updates

You can view all our updates on COVID-19 at the link below:

https://liquorlicencequeensland.com.au/news/covid-19/

The most recent email from OLGR indicates they were allowing licensees to get used to the COVID-19  obligations, but that investigators will be taking a stricter view regarding compliance this weekend. You can read the full email here and we have expanded on some of the main points below.

Social Distancing

The OLGR email states people dining as a group are not required to be 1.5m apart, but people in separate groups must be 1.5m from each other. However, the email contained a link to a compliance sign which contradicted this. We have sought clarification from OLGR and it has been confirmed that people dining together do not need to sit 1.5m apart.  At the same time, licensees should remain mindful that social distancing remains one of the key components in the fight against COVID-19.

COVID-19 Safe Checklist

Business operators are required to complete the COVID-19 Safe Checklist and display the completed document on the licensed premises. The checklist is quite detailed, and we recommend you spend some time working through all the requirements.

Some of the checklist items are described as ‘Where practical…’, but it is unclear whether checking a box is taken to be confirmation of understanding, or compliance with, that item. In the interests of everyone’s safety, we suggest you do everything that is practical to comply with the requirements in the checklist. However, in the interests of clarity, if it is simply not practical for you to comply with any of the non-mandatory requirements, we suggest leaving those items unchecked or clearly marking them in a way that shows you are not claiming to comply with that item.

Please note: the above recommendation does not apply to the mandatory items on the checklist. 

Workplace Health & Safety Plans

You must amend your Workplace Health & Safety Plan to include measures to protect workers and customers from COVID-19. Please consult the Worksafe Queensland website for guidance and to download a template:

https://www.worksafe.qld.gov.au/coronavirus/workplace-risk-management-b  

You are not required to display your plan, but you are required to implement any measures included in your plan and you may be requested to produce it on demand.

Practical Tips

Information from OLGR, and individual feedback we have received from dining customers, suggests some businesses do not fully understand the requirements. The suggestions below may help with compliance:

Seating arrangements – tables must be arranged to maintain 1.5m between groups on separate tables. If it is not practical to remove tables (e.g. they are fixed to the floor or there is no storage available), we suggest marking tables with signs or tape to prevent usage. Staff must monitor the usage and direct patrons if they ignore the signs.

Cleaning – tables must be cleaned with detergent or disinfectant between clients. At a minimum this would require floor staff to use cleaning spray, rather than simply wiping the surface with a damp cloth.

Calculating 4m² per person – it is clear that only public floor space is used to calculate total numbers and that no matter how large your premises is, only 10 people may be dining on the premises at any time. However, there is some conflicting information regarding the inclusion of staff and takeaway customers. For everyone’s safety, we recommend taking a conservative approach and if you are offering takeaway reduce the requirements for customers to come onto the premises by:

• taking phone/internet orders as much as possible;
• asking patrons to wait outside the premises, while observing social distancing; and
• taking food to patrons, rather than calling them into the premises for collection.

Planning for Level 2 & 3 Restrictions

We have already received several enquiries regarding licensing changes required to allow you to maximise trading opportunities as restrictions are eased further. If you would like any help with this, please call our office on 07 3252 4066 and one of our consultants will be happy to provide you with some advice.

Previous Updates

View our earlier update regarding easing of COVID-19 restrictions.

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