Liquor Guideline 60 has been out now in its present form for a number of years. Many licensees would understand that it has been expressly issued under Section 142ZZ(4) of the Liquor Act, and therefore must be taken as seriously as any other licensee obligation. It sets out in detail rules for practices and promotions involving liquor, including practices and promotions which are described as “unacceptable”.

Although we’re aware that OLGR has promoted the guideline through their usual communication channels – that is the Responsible Service newsletter and in discussions and communications with licensees at accord/SNP meetings and elsewhere – over the last few months two things have become increasingly apparent.

1. There are lots of licensees who are not in fact aware of the extent of their obligations under Section 142ZZ and therefore the Guideline.
2. OLGR compliance officers and Police have been questioning licensees regarding their management of their obligations, with a view to enforcement action if compliance cannot be demonstrated – so it’s becoming much more serious.

Whilst most licensees approach the conduct of their liquor promotions in a very responsible way, the main criticism we’re hearing is the absence of a management plan.

Guideline 60 states that certain practices and promotions:

are considered unacceptable … unless they are conducted in line with a documented management plan that includes harm minimisation measures to ensure stated negative outcomes (e.g. rapid or excessive consumption) do not occur and all staff are aware of such measures.

Some of the the practices and promotions which require a management plan are as innocuous as having a wine of the month or taking part in a supplier funded promotion, or a simple happy hour – practices most licensees would perhaps not consider to be risky. However, running these promotions without a documented management plan is potentially a breach of Section 142ZZ, which carries a maximum penalty of 100 penalty units or $13,055 (2018 penalty).

To help licensees avoid any negative compliance action, we have come up with a simple and effective service to develop a Guideline 60-compliant harm minimisation management plan for licensed premises. The service includes monthly email reminders for up to five members of staff at the premises to review promotions against the management plan, this also assists licensees to comply with the staff communication elements of the Guideline.

If you would like to find out more about this service, call our office on 07 3252 4066 or contact us through our website.

 

The Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 was passed recently by the Queensland Government with the support of the Katter Australia Party. It will shortly introduce a number of changes affecting many licensees in Queensland.

By far the biggest impact will be from the change in trading hours. From 1 July 2016 licensed premises, other than casinos and airports with Special Facility licences, will be permitted to trade no later than 3 am in Safe Night Precincts (SNP), or 2 am outside SNPs. The changes are described in more detail below.

Trading Hours

Outside a Safe Night Precinct

• If you are not currently authorised to trade until 2 am or later, there will be no change to your trading hours.
• If you are currently authorised to trade past 2 am, this authority will be cancelled on 1 July 2016 and from that date the latest you can trade is 2 am.

In a Safe Night Precinct

• If you are not currently authorised to trade until 3 am or later, there will be no change to your trading hours.
• If you are currently authorised to trade past 3 am, this authority will be cancelled on 1 July 2016 and from that date the latest you can trade is 3 am.

During the period from 1 July 2016 to 1 July 2017 each SNP board (where one exists) will have the option apply for approval as a “3 am Safe Night Precinct”. If the board of the SNP does not make an application, or the approval is not granted, from 1 February 2017 all licensed premises in the SNP will have their authorised hours wound back to 2 am.

If the board of the SNP successfully obtains designation as a “3 am Safe Night Precinct”, licensees with authority to trade until 3 am can continue to do so after 1 February 2017.

In any case, liquor may still be consumed during the grace period, which is 30 minutes after the end of the authorised trading period.

Lockout Provisions

From 1 July 2016 until 31 January 2017 there will be no lockout in effect in Queensland.

From 1 February 2017 licensed premises in a prescribed “3 am Safe Night Precinct” will be subject to a 1 am to 3 am lockout. After 3 am, patrons may enter the premises to purchase non-alcoholic drinks, food or enjoy entertainment or gaming.

Temporary Extended Trading Hours

After 1 July any licensee may apply for a one-off approval to trade until 5 am. As before, licensees are limited to a maximum of 12 one-off approvals in a year and the application must be submitted at least 21 days in advance of the date requested.

What happens after last drinks?

The Premier and Attorney General have claimed on a number of occasions that they are only “calling last drinks” rather than forcing people to go home early. And that licensees will be able to trade past 2 (or 3) am in other goods and services. Some suggestions are that venues could continue to offer entertainment, soft drinks, coffees and food into the small hours. However, feedback from industry suggests the only places likely to trade after the end of liquor sales are adult entertainment and electronic gaming venues.

Rapid Intoxication Drinks

The amendments include new restrictions on the sale of certain types of drinks after midnight.  Most of the publicity about these changes has referred to the sale of shots or neat spirits.  However, at this stage no particular type of drink has been prescribed, and until this occurs, the changes will not come into effect.

The amendments also provide an opportunity for licensees to apply for an exemption to the bans on rapid intoxication drinks.  The criteria for an exemption centre on the supply of premium spirits in either a small premises, or a small part of a larger premises (that is an area with a seating capacity of no more than 60 people).

For a product to be a “rapid intoxication drink” it must be prescribed in the Liquor Regulation.  This has not occurred yet, and will not take place until after consultation with the industry. At the date of publication of this article consultation with licensees has been scheduled for April 2016, we will update our website when the regulations have been updated.

Christmas is less than seven 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 patrons must be off the premises by 12.30am on Christmas Day.

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, in a place ordinarily set aside for dining. Liquor may be supplied under for one hour before the meal, during the meal and for one hour after the meal.

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.

Adult Entertainment on Christmas Day

Adult entertainment is not permitted on Christmas Day.

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 are permitted to trade until 2am on New Years day, regardless of regular approved trading hours. The 30 minute grace period applies, meaning all patrons must be off the premises by 2.30am.

A licensee wishing to trade past 2am, and who does not have approved extended trading hours to do so, may apply for a one-off approval. This application must be made at least 21 days in advance; in other words before 10 December 2015.

Lockout Provisions on New Year’s Eve

For premises approved to trade past 3am, the lockout does not apply on the morning of New Year’s day.

Liquor & Gaming Specialists Office Hours

Our office will close at 12 noon, 24 December 2015 and reopen on 4 January 2016. We will be checking emails and responding to urgent enquiries over the break.

Merry Christmas and Happy New Year.

On 1 July 2015 the new QLD Nightclub licence category came into being. On that day any existing subsidiary on-premises licences, with the principal activity of entertainment, or applications for this type of licence, were converted to the new category. Here are four things you need to know about the Nightclub licence.

Nightclub Licence Trading Hours

The licence authorises trade from 10 am to Midnight each day. The new trading hours are not a result of the new licence category, rather they were introduced in the 2008 amendments. Before 1 January 2009 standard trading hours for the old Cabaret licence were 5 pm to 2 am, but some premises were approved to trade from 10 am as a restaurant. When the Cabaret licence was replaced, with the subsidiary on-premises (entertainment) licence, standard trading hours were brought into line with all other licence categories. However, OLGR has only recently acknowledged the standard trading hours apply to all licensees in this category, regardless of what approvals were in place before 2009, and the hours are now endorsed on all licence documents issued to Nightclub licensees.

Liquor With a Meal

The principle activity of a Nightclub licence is the provision of live entertainment. But from 10 am to 5 pm the licence authorises the sale of liquor in association with a meal OR while the business meets its principal activity. There are certain rules which apply if a licensee wishes to take advantage of this provision.

Minors On Nightclub Premises

Up until 5 pm minors may be on the premises if they are eating a meal or in the company of a responsible adult, but NOT after 5 pm. So, if the venue trades as a restaurant during the day, minors must leave the premises by 5 pm unless the licensee has obtained a customised approval under S155(4)(e).

Licence Fees

A notable change for holders of the new Nightclub licence is the substantial increase in the base annual licence fee: $3,388 compared to $626.50 for a Commercial Other licence (the category before 1 July 2015).