News Archives - Page 3 of 18 - Liquor & Gaming Specialists

23 December 2020 by Webmaster

Update – Guide to transitioning to electronic record keeping

COVID-19 Update from OLGR on Wednesday 23 December 2020. Published without amendment.

Good morning

From today, Queensland hospitality businesses, such as pubs, clubs, restaurants and cafes will be required to use a digital or electronic method to collect and store patron contact details.

Paper-based records are no longer acceptable.

Legible, structured and rapidly available records will assist Queensland Health to quickly contact trace in the event of an identified case.

For each guest, staff and contractor, you are required to collect:

Full name
Phone number
Email address (residential address if unavailable)
Date and time period of patronage.

This only applies to dining in – you do not need to collect contact details for takeaway or home delivery.

Patron details must be kept for a minimum of 30 days and a maximum of 56 days. After that period information should be deleted.

Below are some tips and resources to assist transitioning to electronic record keeping, including:

The benefit of a COVID Safe Marshall or venue concierge
How to implement a QR (Quick Response) code
Signage to educate patrons.

COVID Safe Marshall

We encourage venues to roster a staff member to act as a COVID Safe Marshall or concierge ensuring that patrons:

Understand the requirement to provide their contact details electronically.
Help guide patrons through the process of signing-in, whether by QR Code, online fillable forms, booking application, spreadsheet (i.e Excel) or other system.
If electronic sign-in is not possible, ensure the patron’s hand-written details are legible and promptly transferred to an electronic system.
Ensure sign-in is completed with correct details and check confirmation of sign-in.

They can also assist in supporting the health and wellbeing of staff and customers, through:

Monitoring physical distancing in entry queues and other heavy traffic areas within the venue.
Ensuring any entry and electronic system (e.g. tablet or computer used for sign-in) is frequently and properly cleaned.

How to implement a QR code system

You do not have to use a QR code system, however, QR codes allow businesses to easily record information.

QR codes are commonly used by venues, easy to use for patrons, and are an efficient way for your business to store required data.

Setting up your own QR code check in

Businesses can find a QR code guest registration service by:
- Searching online or through their smartdevice app store.
- Contacting their IT services, Point of Sale (POS) or web hosting provider for advice.
Read the terms and conditions carefully, paying particular attention to:
- pricing and payment details
- privacy policies
- length of contract and how to cancel the service
- how the data is stored and how you can access it when required – data must be stored securely onshore in Australia.
Sign up with a service and download your unique QR code.
Display the code at the entrance to the venue so patrons can access it easily.
If any customers are unable to use the QR code, businesses should have an alternative check in method available, such as an SMS service or the online check-in form provided as part of business resources for COVID Safe registered businesses.

How customers use the COVID Safe Check-in

When a customer arrives at a venue, they scan the QR code with their smartphone or business device if available.
Engage a concierge, staff member or COVID-19 Safe Marshal to assist customers and confirm they have checked in.

Signage to educate patrons
OLGR has developed a downloadable sign that helps explain the need for electronic sign-in and what details are required.

Download, print and display at your sign-in points.

We have other COVID Safe signage available – please check to see if your in-venue signage is up-to-date.

Additional tips

Test your systems to ensure contact tracing records can be provided to a Public Health officer within the required timeframe (usually 1 hour).
Encourage your staff to engage with patrons when ordering food and drink and providing services throughout the venue to confirm they have signed in.
Seek advice from a hospitality industry peak body for any additional resources e.g. Clubs Queensland; Queensland Hotels Association; Restaurants and Caterers’ Association; and RSL Services Club Association.
If utilising an in-house system, ensure member details are up to date and consider signage to help reinforce updating contact information.
If using a manual system for those patrons without phones or during internet outages, technology malfunctions, etc, ensure staff are assisting patrons with transcribing information to ensure it is correct, legible and can be easily added to an electronic system.

To find out more see the Queensland Chief Health Officer’s Direction and frequently asked questions.

Regards

Victoria Thomson
Commissioner for Liquor, Gaming and Fair Trading

22 December 2020 by Webmaster

Update from the CHO – Changes to Queensland’s approach to record keeping

COVID-19 Update from OLGR on Tuesday 22 December 2020. Published without amendment.

Good afternoon

Below is a message from the Chief Health Officer regarding changes to record keeping. Please note that the Restrictions on Businesses, Activities and Undertakings Direction (No. 11) is still being updated. We will let you know when the updated version is available.

Current record keeping requirements
Since the pandemic began, businesses have been required to keep contact information for a minimum of 30 days. This has been required so that our contact tracers can move quickly and contact trace anyone who might have come into contact with someone with COVID-19.

This requirement is set out in the Restrictions on Businesses, Activities and Undertakings Direction.

Contact information means information that is:

a. the name, phone number, email address, and the date and time period of guests, patrons and staff; and
b. provided to a public health officer within a stated time, if requested by a public health officer; and
c. securely stored, not used for any other purpose; and
d. deleted after not less than 30 days and not more than 56 days.

Businesses must take reasonable steps to ensure that the contact information collected is accurate.

New electronic record keeping requirements
As of 1:00am Wednesday 23 December, all businesses in the hospitality industry (such as pubs, clubs, restaurants and cafes) in Queensland must comply with new electronic contact information collection requirements per the Restrictions on Businesses, Activities and Undertakings Direction. The Direction will be updated to reflect this requirement. This is due to the high risk nature of the hospitality industry.

Over the coming weeks, it will be determined whether these expanded electronic record keeping requirements will be rolled out across other industries. This will be decided based on a risk assessment of other businesses and venues.

What will this mean for businesses?

Businesses must now move away from paper-based record keeping methods; and
Businesses need to have an electronic form or other digital method to capture contact information.

Who does this apply to?
This new restriction will apply to all Queensland businesses in the hospitality industry (such as pubs, clubs, restaurants and cafes).

If these businesses already have an electronic or digital means to do this, we are not asking them to implement another system,

What electronic means?
There are a variety of electronic methods businesses can use to adhere to restrictions. These could vary from:

QR codes
Online fillable forms
Online booking systems
Digital spreadsheet.

If a business already has an online booking system that captures patron information, there is no need for a secondary form of digital record keeping. This restriction is ensuring that all businesses in the hospitality industry are moving away from paper-based record keeping, and that the digital information can be provided in a timely manner upon request.

It is imperative that contact tracers can use legible and accurate information to contact people.

Do we need to comply and what are the penalties?
Yes, as of 1:00am Wednesday 23 December, all businesses in hospitality industry (such as pubs, clubs, restaurants and cafes) will need to comply with this requirement and will need to establish processes to ensure patrons contact information is collected electronically. In the coming weeks, it will be determined whether other industries will need to comply with this new requirement.

If requested by a Public Health Officer, the electronic data set will need to be provided in a timely manner. Public Health Officers will be conducting random audits to ensure businesses are complying.

Businesses are required to keep contact details for all patrons for a minimum of 30 days and a maximum of 56 days.

Businesses that are unable to comply with the requirement to collect contact information electronically, whether because a patron is unable to provide their information electronically (for example, because they do not have a smart phone) or because of unforeseen circumstances (such as an internet outage) will be required to:

collect contact information using another method (for example, paper-based forms); and
transfer the information to an electronic system within 24 hours.

A person who owns, controls or operates a restricted business activity or undertaking may be fined/penalised if they fail to keep electronic contact information about all guests, patrons and staff. Failure to comply will impose:

operating with an occupant density limit of one person per 4 square metres;
for food and drink venues (including cafes, restaurants, pubs and clubs), operating for seated patrons only;
maximum penalty -100 penalty units or 6 months imprisonment.

Dr Jeannette Young PSM
Queensland Chief Health Officer

22 December 2020 by Diarmuid Deans

COVID-19: Collecting Visitor Information

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?

Restrictions on Businesses, Activities and Undertakings Direction (No. 12) has been released and licensees must collect contact information electronically or they will automatically be:

limited to 1 person per 4m² for indoor and outdoor areas; and
limited to operation for seated patrons only.

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. OLGR has indicated that businesses ought to be doing spot checks on the accuracy of information.

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.

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, licensees can create their own system using Google Forms or Microsoft Forms, and a free QR code generator.

What if the patron does not have a smart phone or there is an internet outage?

If electronic collection is impossible you may record the details on paper but you must transfer them to your electronic system within 24 hours. It is advisable to have a tablet or computer available at all times to accommodate patrons who do not have a smart phone.

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
Phone number
Email address
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. With the move to mandatory electronic record keeping, paper versions are no longer acceptable.
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 requirement and are actively directing patrons to provide contact information.

How long must you keep the information?

The information must be securely stored for at least 30 days and must be deleted with 56 days.

Can you use the information for marketing?

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

Updated on 7 August 2020 to include the latest information from OLGR and Queensland Health.

Updated on 22 December 2020 to remove reference to paper based collection methods and on 23 December 2020 following the release of the updated PHD.

8 December 2020 by Diarmuid Deans

Artisan Producer Licences

Update 12 March 2021

The bill has been passed without amendment. They are not expected to be available until early May, but OLGR are currently accepting applications for artisan licences. Existing licensees who want to move to the new licence type can do so free of charge so long as there will be no material changes to the way the business operates, and the application is made before 30 June 2021.

The bill to introduce the artisan producer licences has been released and we have set out the key features below.

Definition of Artisan Distillery

An artisan distillery is licensed premises producing up to 450,000 litres of spirits per financial year, whether that is under the authority of an artisan producer licence; a producer/wholesaler licence; or an equivalent licence issued under the law of another state. This is a similar principle to that used in the existing definition of a craft brewery.

Interim Arrangements for Artisan Distilleries

Amendments to the Liquor Act have already commenced to allow artisan distilleries whose annual production is within the thresholds below to sell their own product, for consumption on or off the licensed premises, free of the restrictions under section 75. These arrangements will discontinue once the artisan producer licence is available.

New Licence Types

The amendments will create a new licence type, artisan producer, with subcategories of beer and spirits. Interestingly, a licensee can hold a licence that is in either or both categories. The introduction of the new licence is aimed at promoting the commercial viability of local craft brewers and artisan distillers. Although the process was started in 2017, the proposed changes are also intended to assist with economic recovery in this sector post COVID-19.

To be eligible for this licence an applicant’s production must sit within the following thresholds each financial year:

Beer – at least 2,500 litres at the licensed premises, but no more than 5 million litres at the premises or elsewhere through a related body corporate.
Spirits – at least 400 litres at the licensed premises, but no more than 450,000 litres at the premises or elsewhere through a related body corporate. Artisan spirits includes liqueur produced using spirits produced in an artisan distillery. Therefore, premises may be eligible for an artisan producer licence (spirits) without distilling spirits on the premises.

A related body corporate, which is defined in the Corporations Act 2001, essentially means companies that are connected to each other through their ownership structure. For example, a holding company and its subsidiary company are related bodies corporate, as are companies that have the same holding company.

Additionally, a licensee company must not be related to a large brewer (producing more than 40 million litres each financial year, e.g. Lion Nathan or Carlton United) or a large distiller (producing more than 2 million litres each financial year, e.g. Diageo, owners of Bundaberg Rum, Johnny Walker and Smirnoff). For the purposes of this provision, an artisan producer will be “related” if 20% of its shares, or 20% of the votes that may be cast at its general meeting, are owned or controlled by the large brewer or distiller.

Authority of Licence

On Premises Consumption

The licence authorises the sale of the following liquor products for consumption on the premises:

The licensee’s craft beer or artisan spirits produced on the premises;
RTD products made from artisan spirits produced on the premises;
Craft beer or artisan spirits produced by another artisan producer licensee or a relevant producer/wholesaler licensee;
Wine produced under the authority of a licence issued under the Wine Industry Act 1994 (Qld);
Cocktails using at least one of the licensee’s artisan spirits (spirits producer only).

A relevant producer/wholesaler is a licensee whose premises meet the definition of an artisan distillery or craft brewery and who has a condition on their licence authorising the sale of artisan products to artisan producers.

Off Premises Consumption

The authority of the licence limits off premises sales to the licensee’s products produced on the licensed premises, including RTDs. Orders for off premises consumption can be taken through the licensee’s website.

Sale of Liquor at Promotional Events

There are provisions for the sale of takeaway liquor at promotional events. This authority must be endorsed as a condition of the licence and will allow sales of up to 9 litres of beer or 1.5 litres of spirits per transaction, unless a different amount is specified on the licence or in the regulations.

Notably, licensees will be able to charge for samples to be consumed at promotional events, which is specifically prohibited under the current craft beer provisions. This approval may include a limit on the volume that may be sold to each person and the volume in each individual sample. The bill is silent on what these limits will be but 15ml for spirits and 150ml for beer appear reasonable.

Artisan Product as a Percentage of Sales

In each financial year at least 70% of the total liquor sales (by value) must be artisan product produced on the licensed premises. The total sale price of a cocktail is used for this calculation.

Standard Trading Hours

Standard trading hours for the licence are:

On-premises consumption: 10am to midnight;
Off-premises retail: 10am to 10pm;
Off-premises wholesale: the trading hours of the premises under the Trading (Allowable Hours) Act 1990.

The restrictions on Christmas Day, Good Friday and Anzac Day (no off-premises retail, and on-premises consumption only in association with a meal), and the extension on New Years’ Eve, apply to an artisan producer licence.

Extended Trading Hours Available

An artisan producer licensee can apply for permanent extended trading hours approvals to allow:

On-premises sales until 1am, subject to public interest requirements;
On-premises or off-premises sales from 9am, subject to demonstrated community need;
On-premises sales between 7am and 9am to people attending a function on the licensed premises.

The licensee can apply for a temporary extended trading hours permit to allow trading to 5am for an occasion or event subject to the usual requirements.

Next Steps for Licensees

The bill provides for eligible licensees to convert an existing producer wholesaler licence to one of the new licences without charge. Licensees who meet the criteria are likely to be contacted by OLGR once the bill passes into law.**

Wholesale authority under an artisan producer licence is limited to products produced on the licensed premises. Therefore, licensees who meet the definition of artisan distillery or craft brewery, but wish to maintain a wholesale business selling product other than that produced on the premises, must decide whether to:

Keep their existing licences – in which case they may wish to obtain a condition allowing the sale of artisan products to artisan producers; or
Split production and wholesale operations and operate under separate licences – this will bring new retail opportunities without limiting wholesale operations, but creates additional administrative requirements for the business owner, including maintaining separate areas for each licence.

Timing

The bill is due out of committee on 12 February 2021. As the amendments are uncontroversial the bill should pass quickly after that. Parliament’s next sitting date is not until 23 February 2021, so commencement will hopefully be shortly after that.

** Liquor & Gaming Specialists will also provide an opportunity for eligible licensees to register their interest. It is unlikely that applications for new licences will be accepted prior to the bill’s passage into law, but again, LGS will accept instructions to prepare applications either for the existing producer wholesaler licence or in advance for the new artisan producer licence.

22 August 2020 by Diarmuid Deans

No Change to Gatherings on Licensed Premises

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.