Christmas is less than five weeks away and we have already received a number of enquiries asking us what the Christmas trading hours are for liquor licences. We have outlined the relevant restrictions below.

Christmas Eve

At Midnight on Christmas Eve premises must stop serving alcohol. The 30 minute grace period applies but all liquor must be consumed or disposed of by 12.30am. Although a licensee can allow patrons to remain on the premises to enjoy entertainment or purchase food or non-alcoholic drinks after this time, gaming and adult entertainment are not permitted at any time on Christmas Day – no matter what approvals you have.

This now applies to all licensed premises in Queensland.

On-Premises Sales Christmas Day

The sale of liquor on Christmas day is only permitted under certain circumstances.

With a meal – liquor may be supplied to a person who is eating a meal that has been prepared on the premises, in a place ordinarily set aside for dining. A person who has expressed an intention to dine may be supplied liquor:

• For up to one hour before ordering their meal; and
• After ordering and until they have finished eating; and
• For up to one hour after they have finished eating.

To in-house guests – liquor may be supplied to in-house guests of hotels (and their bona-fide guests), for consumption in the guest’s room or unit only, throughout Christmas Day.

Takeaway Sales on Christmas Day

Takeaway sales are not permitted on Christmas Day, all bottleshops must be closed.

Boxing Day Trading

Normal trading resumes on Boxing Day. If you have approved extended trading you may reopen at 12.01am on Boxing Day.

New Year’s Eve Trading

All licensees (except ‘community other’ licensees and any licensee with specific conditions relating to this period) are permitted to sell or supply liquor until 2.00am on New Years day, regardless of regular approved trading hours. The 30 minute grace period applies, meaning patrons must not consume liquor after 2.30am.

A licensee wishing to trade past 2.00am, and who does not have approved extended trading hours to do so, may apply for a one-off approval. Applications for temporary (one-off) approvals for extended trading hours must be lodged at least 21 days in advance.

In any calendar year licensees may obtain up to six one-off approvals for post-midnight trading and this allowance resets at midnight on New Year’s Eve. Therefore, a licensee who has reached their limit for 2019 may apply for an approval for New Year’s Eve, as it would be the first approval of 2020.

Liquor & Gaming Specialists Office Hours

Our office will close at 5.00pm on 22 December 2019 and reopen on 6 January 2020. We will be checking emails and responding to urgent enquiries over the break.

Merry Christmas and Happy New Year.

Reminders for annual liquor licence fees are due to be sent to licensees by the end of June. To ensure you receive notification, please update your contact details through the OLGR client portal.

Dates to Remember

30 June 2019 – Date by which each licensee will have received an assessment of annual licence fees from OLGR. If you have not received an assessment by this date, please contact OLGR on 07 3224 7131. (Current and past LGS clients can feel free to contact us for assistance.) An example assessment notice is shown, click on the thumbnail to see it full size.

1 July 2019 – Earliest date you can pay your annual licence fees. This can be done through the OLGR client portal, by telephone, by post or in person at the customer service desk.

Note: OLGR will not accept credit card payments by email or facsimile.

If you have suffered some financial hardship or natural disaster you may be able to pay your annual liquor licence fees in instalments. We recommend you contact OLGR in advance of the deadline if you want to explore this option. Of course, we are also happy to assist in the preparation of submissions if required.

31 July 2019 – Deadline for payment of annual licence fees. Your licence will be automatically suspended if fees are not paid by this date.

Note: if your licence is suspended due to non-payment of annual fees, you are not authorised to sell liquor until the fees have been paid. Numerous licensees have been fined for this in the past few years.

28 August 2019 – Date on which your licence will be cancelled if annual licence fees remain unpaid. There is no provision in the Liquor Act for reinstatement of a licence cancelled for non-payment of fees. If your licence is cancelled you may need to go through the full application process, including advertising for objections.

Attracting the right tenants and managing them long-term is the goal of commercial property landlords and their agents. But the hospitality industry comes with its own special volatility and requires unique action to fully safeguard the value of the premises. Registering your financial interest in licensed premises is one step you can take to protect your investment.

Matthew Jones, Managing Director of Liquor & Gaming Specialists, believes that commercial property landlords need to be more aware of the responsibilities and protections that arise under the Liquor Act 1992 (Qld) in relation to licensed premises. “Ensuring the landlord’s interest in the property is properly registered is imperative if liquor licensing complications are to be avoided” he said. “We regularly encounter situations where the liquor licence has been lost that could have been easily avoided. This makes the process for a new tenant significantly more expensive and time consuming.”

Why Should You Register as a Financial Interest?

Under the Liquor Act, the Commissioner is required to keep a register of licences, permits and various applications. The register is supposed to include not only particulars of the licence holders themselves, but also those of other interested persons such as landlords, mortgagees etc. Although registering these interests is a statutory obligation (see Section 44A of the Act), and it is an offence not to register, there is at present very little insistence on parties registering and virtually no enforcement. It has become de facto voluntary.

In the circumstances therefore, registering might not seem like a priority. However, there are compelling reasons to do so.

The Benefits of Being a Registered Financial Interest

Streamlined Transfer of the Licence if a Tenant Abandons the Premises

A liquor licence is attached to the premises, so it cannot be “taken” by the licensee if they leave the licensed premises. If a licensee abandons licensed premises a person with a financial interest in either the business or the property can apply at short notice to continue to conduct the business with the benefit of the liquor licence – an interim authority. If you have a registered interest in the premises, it streamlines the process for obtaining an interim authority, which in turn makes it easier to transfer the licence to a new tenant when the time comes.

Preserve the Licence if the Business Ceases to Operate

If the business ceases to operate, this constitutes grounds for cancellation of the licence by OLGR. If no other person is registered as a financial interest, the right to sell liquor from the premises can be lost without notification. An incoming tenant would no longer have the option to transfer the licence, but would face the more onerous, time consuming and expensive task of applying for a new liquor licence. Not only does this involve application fees, police checks, evidence of planning approval, advertising, and potential for objections etc, it also triggers a fresh assessment of the premises by OLGR. This may result in conditions that are different, and possibly more restrictive, than those attached to the cancelled licence. In a worst-case scenario, the application may be rejected due to changes in circumstances since the original licence was issued.

Receive Notification of Non-Payment of Licence Fees

Annual licence fees for all licensed premises are due by 31 July each year. If they are not paid the licence is automatically suspended from that date, and if the fees remain unpaid for a further 28 days the licence is automatically cancelled. Each year, OLGR cancels several dozen licences for failure by the licensee to pay the annual licence fee. Registering a financial interest in the licensed premises will allow OLGR officers to contact those parties so that arrangements can be made to have the fees paid and preserve the licence, and therefore the value of the property.

Receive Notification of Disciplinary Action

If the licensee is facing Disciplinary Action under the Liquor Act, OLGR is required to notify all people with a registered interest in the premises. Disciplinary Action can have serious ramifications for the viability of licensed premises and being informed of this in advance may allow the landlord to take steps to preserve the licence.

When you consider these scenarios, the value of registration is abundantly clear. In addition to fulfilling your legal obligation you will put yourself in a position to more closely supervise licensing actions that can profoundly affect the value of your property, and its desirability to a prospective tenant.