Recent amendments to the Liquor Act allow holders of subsidiary on-premises (meals) licences to apply for a permanent approval to sell takeaway wine. The approvals are likely to become valid in late January when the amendments come into force. The latest information from OLGR is that the current takeaway liquor authorities are due to expire on 28 February, with no plans for an extension beyond that date. Therefore, if you wish to continue to sell takeaway wine you must have that condition endorsed on your licence.

The Office of Liquor & Gaming Regulation sent information to licensees inviting them to make an application. Feedback we have received tells us there is some confusion regarding what is required to support the application. We are providing the information below to make it easier for licensees.

Who can apply?

Anyone who is the holder of a subsidiary on-premises (meals) licence.

How can I make an application?

You must complete ‘Form 19 – Application for a permanent variation of a licence’. This is a generic form and many of the fields are not applicable for this type of application. To avoid confusion we have provided a copy of the form with those fields clearly marked (available for download here). We have also pre-filled the details for the variation, meaning licensees need only add licensed premises details, contact, etc.

Is there an application fee?

If you had a subsidiary on-premises (meals) licence before the amendments come into force, there is no fee for this type of application until 30 June 2022. It is not yet clear what fee will be payable after this date or for new licensees.

How do I submit my application?

You must send the completed form 9 to the Customer Service Team at OLGRlicensing@justice.qld.gov.au. We recommend including the following text in your email message.

Dear CST

Please see attached application(s) for the endorsement of a condition permitting the sale of wine for consumption off the licensed premises with takeaway meals.

It is our understanding that:

• No application fees are payable for these application(s);
• There is no requirement for a community impact statement;
• There is no requirement for the application(s) to be advertised for objections;
• The endorsement of this condition on a licence does not trigger the requirement for a RAMP.

If this is incorrect, or if other information is required, please contact us on <insert telephone number>.

We hope the above information makes it easier for licensees to apply. If you have any questions, please feel free to email or call our office.

We regularly receive enquiries from schools, clubs and other community organisations wanting to sell liquor at a fete or similar fundraising event. In Queensland, to allow the lawful sale or supply of liquor under these circumstances, you may need to obtain a Community Liquor Permit from the Office of Liquor and Gaming Regulation. This article describes who can apply for a permit; what needs to accompany the application; and when liquor can be sold at a fundraising event without obtaining a permit.

Who is eligible for a Community Liquor Permit?

Before the 2008 amendments to the Liquor Act, the Community Liquor Permit was known as a General Purpose Permit. Under the Liquor Act 1912 it was known as a Booth Permit or Ball Permit. Although the names have changed, the conditions of eligibility are largely the same.

• A Community Liquor Permit will only be issued to a non-proprietary club, or another organisation or individual, provided the proceeds from the sale or supply of liquor are for the benefit of the community.
• A permit is valid for the area and duration specified on the permit.
• A permit can be issued for one or several days, consecutive or otherwise.
• All of the usual regulations apply regarding minors, responsible service of alcohol, intoxication and disorderly conduct.

How does an eligible applicant obtain a Community Liquor Permit?

To obtain a Community Liquor Permit you must complete an online application, or submit a completed application form to OLGR, at least 21 days before the event. In addition to the application fee of $74.20 per day (2021-22), some or all of the following may be required:

• If you wish to supply liquor between midnight and 10am –  endorsement from the local police.
• If the event is to be held in a public place – permission from the local government authority.
• If the event is considered ‘high risk’ – an event management plan must be completed and provided to OLGR or police when requested before, during or after the event. An event is considered high risk if any of the following apply:
  • on any day attendance is estimated to exceed 2,000 persons;
  • on any day patrons consuming liquor is estimated to exceed 1,000 persons;
  • there is a request to supply liquor between midnight and 10am;
  • the planned consumption area will exceed 400m².

Can someone sell liquor at a fundraising event without a Community Liquor Permit?

Under certain circumstances, a non-profit organisation can sell or supply liquor at a fundraising event without a Community Liquor Permit. There are specific exemptions available only to organisers of small regional shows, whilst other event organisers can assess their eligibility using the questionnaire included in the online application and in the event management plan. Relevant factors include:

• Whether the applicant, organisation or its executive officers have been the subject of any disciplinary action under the Liquor Act 1992;
• The location, frequency, duration and timing of the event;
• The nature of the event.

If you are planning a fundraising event where the proceeds will benefit the community, please visit the online application page to assess your eligibility. You may also find our article on working with licensees on fundraising to be helpful.

If licence fees are not paid by 31 July, and the licensee has not entered into an approved instalment payment plan (see below), the licence for the premises will be automatically suspended for 28 days. If the fees are not paid by the end of the suspension period, the licence will be automatically cancelled. If your licence is suspended, you must cease trading in liquor or you risk a fine of more than $2,500.

Please note: because these dates fall on a weekend this year, OLGR will accept payments on the next business day – so the relevant dates are really 2 & 30 August 2021.

OLGR has sent licence fee notifications to all licensees by email and/or post. If you have not received a notification, please contact OLGR on 1300 072 322, or log into your client portal to assess and pay your fees.

Payment by Instalments

The Liquor Act provides an option to pay annual licence fees by instalments if the licensee is unable to pay in full by the due date because:

• the business has been affected by natural disaster; or
• the licensee has suffered personal or financial hardship.

It is fair to say that COVID-19 is a natural disaster which has affected the operation of licensed premises and many licensees have suffered financial hardship as a result. Although we have not received guidance from OLGR, we believe there is an opportunity to obtain an approval to pay your licence fees by instalments. To begin the process, please complete this form.

OLGR distributes a licence fee flyer indicating the option to pay by instalments is only available if licence fees exceed $1,000. We are unaware of a supporting provision in the legislation and licensees may make an application for any amount. However, as the Commissioner must be satisfied the licensee is ‘unable to pay the fee in full’, licensees may find this difficult to prove for smaller amounts.

Generally, if the application is approved the fees must be paid in equal quarterly instalments, with the first payment due immediately.

Since the passing of the Liquor Act 1992, Queensland has seen substantial change, not the least of which is the growth in the hospitality and dining sector. Queenslanders, and visitors to the Sunshine State, have embraced the al-fresco dining experience and it is not uncommon for a restaurant, cafe, or bar to have most, or even all, of its seating outdoors. However, for as long as we can remember (and that is a long time) the following standard condition has been endorsed on liquor licences in Queensland: 

LL253 – Speakers used to amplify entertainment/music noise or non-amplified entertainers must not be located in any outdoor/patio area of the premises.

Of course, many premises with outdoor seating have speakers in their outdoor areas. Where these speakers are providing background music, they have little negative effect on residents or businesses nearby, and receive limited attention from OLGR or police, despite clearly contravening a condition of the licence. However, when noise from the speakers causes complaints, the regulator need only refer to this condition to compel the licensee to remove them. 

Recently, OLGR have adopted a policy which will see this condition only endorsed on new licences when justified by specific circumstances. Whilst OLGR have provided no definitive guidance, applicants for new liquor licences who are not providing an acoustic report, and will therefore be subject to the standard noise limit of 75dB(C), will generally not have the condition endorsed on the licence. 

For licensees with the standard condition currently endorsed, the options are a little more complex. If the premises are operated in contravention of the condition, that is, with speakers or entertainers in outdoor areas, and have not been the subject of complaints, it’s unlikely that anything will change in terms of enforcement action by OLGR or Police. This notwithstanding, it is clearly risky to ignore licence conditions, and not something most licensees would contemplate. The on-the-spot fine for a breach of a licence condition is 5 penalty units ($667 in 2021). 

To have the condition changed requires a “variation of licence”. A variation application in its complete form is quite complex and an OLGR representative has told us that applications of this type would be dealt with in the usual way. However, we believe there is an argument to have the more onerous requirements waived in almost all cases, reducing the costs and processing times significantly. If you want to know more about this option, our consultants are available to look at any licensee’s individual circumstances and provide obligation-free advice.