The Liquor Act was amended last year (received assent on 27 November 2013) to change the requirements for "low risk" licensed premises with respect to approved managers and RMLV training.
The relevant parts of the amended version of Section 155AD are set out below. I have bolded the bits that create the exemption for restaurants and cafes, or to be more correct, the holders of commercial other subsidiary on premises licences with either a "meals" or "prepared food" principal activity. The "prepared food" category, also known as a "café licence", gets included because of the definition of "subsidiary on-premises licence (meals)" in Section 4 of the Act (in case anyone’s interested).
155AD Who must be present or reasonably available at licensed premises etc.
(1) This section applies while the licensed premises or premises to which the permit relates are open for business.
(1A) However, this section does not apply to licensed premises under a subsidiary on–premises licence if the premises are a boat or on a boat.(2) If the licensee or permittee is a corporation, the licensee or permittee must take reasonable steps to ensure that a person employed by the corporation as an approved manager–
(a) is present or reasonably available during the following times at the licensed premises or premises to which the permit relates–
(i) ordinary trading hours;
(ii) approved extended trading hours between 7a.m. and 10a.m.; and
(b) is present during approved extended trading hours between 12 midnight and 5a.m. at the licensed premises or premises to which the permit relates.
Maximum penalty–50 penalty units.(3) If the licensee or permittee is an individual, the licensee or permittee must–
(a) be present or reasonably available, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present or reasonably available, during the following times at the licensed premises or premises to which the permit relates–
(i) ordinary trading hours;
(ii) approved extended trading hours between 7a.m. and 10a.m.; and
(b) be present, or take reasonable steps to ensure that a person employed by the individual as an approved manager is present, during approved extended trading hours between 12 midnight and 5a.m. at the licensed premises or premises to which the permit relates.
Maximum penalty–50 penalty units.(4) Subsection (3) applies subject to section 155AF.
(4A) If the premises are low risk premises and are not open for business beyond 12 midnight, the licensee or permittee is exempted from–
(a) for a licensee or permittee that is a corporation–subsection (2)(a); or
(b) for a licensee or permittee who is an individual–subsection (3)(a).
(4B) If the premises are low risk premises but are open for business beyond 12 midnight, the licensee or permittee is exempted until 10p.m. from–
(a) for a licensee or permittee that is a corporation–subsection (2)(a); or
(b) for a licensee or permittee who is an individual–subsection (3)(a).
…
(9) In this section–
low risk premises means premises to which any of the following relates–
(a) a subsidiary on-premises licence (meals);
(b) a community club licence if the club has 2000 or fewer members;
(c) a community other licence;
(d) a restricted liquor permit.
The changes are a little controversial for a couple of reasons. Firstly, many of our LGS Training clients have taken some convincing that this has actually happened – understandable of course when licensees have become used to the approved manager regime which has been around since the start of 2009. The feedback has bordered on incredulity at times. "So you’re saying no-one has to be trained? This is a big restaurant! What if something goes wrong? This can’t be right!" etc etc. I’ve patiently explained that even though it’s no longer a statutory requirement, it’s probably a very good idea for a licensee to have personnel with the RMLV qualification.
Secondly, as far as I’m aware it was actually intended to retain a requirement for low risk premises to at least have someone trained in RMLV. This has not eventuated with the amendment, but it may well be that further changes will correct this. The parliamentary committee (deep breath – the State Development Infrastructure and Industry Parliamentary Committee) in supporting the new 155AD mistakenly reported that "all licensees must complete Responsible Management of Licensed Venues (RMLV) training, which is the same training as that undertaken by approved managers." Of course, only a person who holds a licence as an individual needs to the do RMLV, and almost all licences in Queensland held by companies.
We know from long experience the value of proper diligence when it comes to liquor compliance, and conversely the elevated risk of negative consequences for licensees who do not have a clear focus on their technical obligations. "Low risk" does not equal "no risk" and we will continue to recommend to our clients that they ensure key members of staff obtain the RMLV qualification.