Being investigated by the Office of Liquor and Gaming Regulation (OLGR) for a breach of the Liquor Act 1992 (Qld) (the Act) can be a stressful and costly exercise for licensees. At times, OLGR may choose to prosecute breaches of the Act in Court, even for first time offenders. If convicted, licensees face the prospect of fines in the sum of tens of thousands of dollars and a possible licence fee uplift.
Accordingly, it is essential that licensees know their options, including the ways in which OLGR might be persuaded to deal with breaches of the Act without going to Court. In particular, there are many offences which can be dealt with by way of penalty infringement notice (a ticket).
Licensees should be aware of OLGR’s Liquor Compliance Strategy (LCS), which articulates its policy with respect to investigating and prosecuting breaches of the Act.
In doing so, it seeks to:
- Strive ‘for voluntary compliance with legislation through education and advice, clear expectations and the promotion of “best practice” management but, when required, will initiate high-end enforcement action’;
- ‘Regulate the liquor industry through best practice’;
- Minimise ‘harm without unnecessarily restricting productivity and the economic growth of the liquor industry…’; and,
- ‘[work] with licensees to assist them in meeting the objectives of the Liquor Act, and in particular, promoting the responsible service of alcohol’.
The LCS provides a tiered ‘escalation model’ for compliance and enforcement. From least to most serious, the LCS’ escalation model of compliance is as follows:
- Advice and education;
- Advisory letter;
- Warning letter;
- Infringement;
- Orders;
- Prosecution; and,
- Disciplinary action.
In determining the appropriate tier of compliance or enforcement to take, OLGR will have regard to the seriousness of the alleged offence and impact, intent, the non-compliance history of the licensee and public interest and efficiency considerations.
If you are a licensee who is being investigated for, or charged with a breach of the Act, you may wish to invite OLGR to consider whether an alternative to ‘high end enforcement action’ is on the cards, having regard to the factors OLGR must consider in the LCS. In particular, there are many offences in the Act which can be dealt with by OLGR issuing a ticket instead of going to Court.
Knowing your options can save time, money and the stress of the Court process.
Download OLGR’s Liquor Compliance Strategy
About the Author
Daniel J Barker is a barrister who has been involved in liquor licensing for nearly a decade. As a solicitor, Dan represented numerous licensees investigated for and charged with breaches of the Act. Nowadays, Dan has a broad practice at the Private Bar, with a particular interest in criminal defence, regulatory prosecutions and personal injuries.
This article provides general information only and is not intended to be legal advice. If you are approached by OLGR regarding a breach of the Act, you should seek professional advice before deciding on a course of action.
