Liquor and Gaming Specialists - providing advice on liquor licensing and gaming licensing in Queensland and providing RMLV & RSA Training.
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Bar Licence Applications Made Easier
Government Response to LJSC Enquiry
Do I need Responsible Gambling Service (RGS) training?
Online Application for Community Liquor Permit
Advertising Bans Prove Effective
No Need For Earlier Closing
Put some ICE in your phone
Advertising Restrictions for Gaming Licensees
Mandatory Responsible Gambling Service Training Passed By Parliament
Update to Requirements Relating to Approved Managers (Liquor)
LGS News
Bar Licence Applications Made Easier
Since the introduction of the Bar Licence on 1st January 2010, only eleven of these licences have been issued in Queensland. Of these, only one is in Fortitude Valley; hardly the small bar revolution envisioned when this new licence category was announced.
The limited number of new bars has not been because of a lack of interest from the public, we have received several enquiries from people interested in opening a bar in Fortitude Valley and other areas, it is due to the classification of a bar as a “Hotel” under town planning schemes.
Until recently if you wanted to open a bar (or hotel) in Fortitude Valley, you were required to make a code or impact assessable town planning application – both long and costly exercises. This made it financially unviable to open a bar with a maximum capacity of 60 persons.
On 1st October 2010 the revised Fortitude Valley Neighbourhood Plan came into effect. Under the new plan the use of premises as a hotel is now self assessable where:
- the use does not involve building work (internal fitout does not constitute building work)
- the buildins is in the Special Entertainment Precinct Core Area
- the premises has 100m² or less in gross floor area (Other uses may occupy an area greater than 100m2, provided the licensed component is 100m² or less. This would apply to fusion bars attached to existing businesses such as shops, hairdressers etc.)
- the premises is not located within the same building as, or within 5m from, a residential dwelling.
This makes the prospect of opening a bar in Fortitude Valley much more attractive and we may now see some more vibrancy in our laneways and small spaces.
Government Response to LJSC Enquiry
The Parliamentary Enquiry into Alcohol-Related Violence delivered its report to Parliament on 18th March 2010. The Government’s response is due to be tabled in Parliament on 31st August. A joint press release from the Premier and the Minister responsible for liquor licensing, dated 29th August, indicates the Government’s position on a number of key issues. Industry stakeholders were taken through the major elements of the response at a meeting on 30th August.
No Change to Lockout or Trading Hours
There will be no immediate change to the lockout or trading hours regime. The Law Justice and Safety Committee (LJSC) recommended:
- Bringing the lockout forward to 2am
- An overall reduction in trading hours
- the introdcution of a two tiered regime whereby venues in designated entertainment precincts would be permitted to trade later than those venues outside the precincts
- A reduction in the permitted trading hours for bottleshops
These recommendations contradicted the findings of the LJSC enquiry, which found no correlation between extended trading hours and alcohol-related violence.
Liquor & Gaming Specialists, on behalf of a number of liquor accords, made a submission to Parliament arguing against any reduction in trading hours, in the absence of any hard data showing this would reduce problems associated with alcohol. We were not alone in our opposition to this recommendation with support coming from other accords, industry bodies and from a number of community groups.
We welcome the Government’s decision to resist tampering with trading hours to please the vocal minority and we, along with all responsible licensees, are committed to continuing to work with all stakeholders to reduce the social impact of alcohol.
Drink Safe Precincts
The Drink Safe Precincts (DSPs) will be trialled in Fortitude Valley, Gold Coast and Townsville. These precincts will have more police and support services, supervised taxi zones, safe zones and a coordinated management strategy similar to those in place for major sporting events and concerts. We believe a structured approach to the management of these high density areas is a logical step in the evolution of the Queensland licensed hospitality industry.
More police on the street, providing a visible deterrent and clamping down on troublemakers, was demonstrated as a successful counter-measure to alchol-related violence during Operation Merit. However, we hope any increase in arrests and convictions, resulting from greater numbers of police on the street, will not be used as an argument for further restrictions on licensees in the future.
Of the 68 recommendation contained in the LJSC report, 58 have received a positive response. Follow this link to download the Queensland Government’s Response to the Law Justice and Safety Committee’ final report into alcohol-related violence.
Do I need Responsible Gambling Service (RGS) training?
The Gaming Machine Act 1991 was amended in October 2009 by the Gambling and Other Legislation Amendment Act 2009. The date of commencement for the amendments will be 1 October 2010 and from that date, “a person must not carry out gaming duties or gaming tasks on licensed premises unless that person holds a current responsible service of gambling course certificate.”
This requirement “does not apply until 1 July 2011 in relation to a person who, immediately before the commencement day, was employed to carry out gaming duties or gaming tasks on licensed premises.”
Who must hold a certificate?
The mandatory training provisions will automatically apply to all eligible gaming licensees, licensed gaming nominees and licensed gaming employees. It is possible that this provision may also apply to employees who assist with gaming, but are not licensed gaming employees.
Who can provide the training?
To comply with the legislation, training must be provided by an OLGR approved trainer. At the time of writing (30 June 2010), OLGR has not approved any trainers to deliver the responsible service of gambling course. However, there are transitional provisions relating to training carried out before the commencement day by a trainer not approved by OLGR.
Will my existing training be acceptable?
Any person who has achieved either SITHGAM006A or THHADGO3B – Provide Responsible Gambling Services, in the 12 months before 1 October 2010, may apply for an exemption from mandatory training. The exemption, if granted, will remain in place until 1 July 2013.
Summary of requirements.
Training mandatory from 1 October 2010.
Existing Employees – must complete training before 30 June 2011.
New Employees – must complete training within three months.
Non-approved training – may qualify for an exemption up until 1 July 2013.
Online Application for Community Liquor Permit
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 must obtain a Community Liquor Permit from OLGR.
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.
To obtain a Community Liquor Permit you must complete an application form and submit it to OLGR at least 21 days before the event. In addition to the application fee of $52 per day, some or all of the following may be required:
- Endorsement by the local police.
- If the event is to be held in a public place, permission from the local government authority.
- If the event is open to the general public, a completed event management plan.
The Office of Liquor and Gaming Regulation have recently launched Online Applications for Community Liquor Permits. At the time of writing this article, the facility is only an option if you live in the Brisbane area. However, if the pilot program is successful it will be rolled out Statewide in due course.
OLGR have published a factsheet about the online applications for Community Liquor Permits.
Advertising Bans Prove Effective
Queensland Parliamentary Enquiry into Alcohol-Related Violence has finished and the final report contains 68 recommendations. One recommendation is to ban bottleshops from advertsing discounted liquor in Queensland.
It contravenes trade practices law to fix prices. However, research has shown that price is one of the effective means of addressing levels of liquor consumption.
A UK study (Purshouse R C 2010) said:
General price increases were effective for a reduction of consumption, health care costs, and health-related quality of life losses in all population sub-groups.
Remember dollar drinks, 2 for 1 offers and four hour happy hours? Prior to the 2005 amendments to the Liquor Act, enacting the Brisbane City Safety Action Plan, the media was full of these kinds of promotions. That’s when the Queensland State Government cleverly side-stepped the TPA problem by regulating advertising rather than price, with the result that advertising, at least for the on-premises branch of the industry, shifted focus to image – entertainment and food offerings and so on. Despite initial reservations, licensees across the board were very quickly on side.
Consider the impact of this change on the perception of liquor as a product.
This strategy must be extended to capture the 70 to 80% of total liquor sales represented by off premises outlets. No-one can argue that continuing to permit advertising of $2 and $3 bottles of wine is consistent with changing cultural and societal attitudes toward liquor consumption.
Our treasurer recently commented along the lines of “No-one goes to First Choice for the décor” but perhaps they should – and if not for the décor, then for the customer service, or the range, or the wine expertise, or the convenience and parking – not simply price.
No Need For Earlier Closing
The Queensland Parliamentary Enquiry into Alcohol-Related Violence has finished and the final report contains 68 recommendations. A number of recommendations relate to changes in approved trading hours, specifically a reduction in approved extended hours and changing the lockout from 3 am to 2 am. However, the recent publication of Government survey results supports the view held by most industry participants that there is no case for a general reduction in trading hours. The Courier Mail reported that of 10,000 survey respondents more than 80% opposed any reduction in trading hours, and an overwhelming 90% opposed an earlier lockout.
A common theme in the LJSC report is the absence of hard data about many aspects of the debate, and the equivocal results of research in others. Despite specifically acknowledging this in a trading hours context, the committee inexplicably went on to refer to “the increased alcohol-related harm which accompanies longer hours”. There are a few things lacking in the discussion.
Firstly, the strength of the existing legislation – there are comparatively few licences with the authority to trade until 5am (around 100 or so), and the number has declined over the last few years as a result of many factors, particularly heavier compliance burdens and licence fees.
Late trading approvals are also very difficult to achieve, yet easy to take away. Way back when post 3am trading became renewable six monthly (1994) the Honourable Bob Gibbs as the relevant Minister at the time said:
This action serves notice on all operators who trade past 3 a.m. that a line has been drawn after which trading is an absolute privilege and not a right only removable when definitive evidence can be substantiated against the particular premises. It can be expected that if in a locality it is established that the allowance of trading of all licensed premises after 3 a.m. causes additional problems in terms of street violence, disturbances or criminal activity, a general ceiling of 3 a.m. for all premises with extended hours permits will be imposed. The fact that all permits will come up for renewal on the same day should provide adequate warning to premises in several notable areas of the State that this Government is serious in controlling problems with liquor trading in the early hours of the morning.
So whilst fiddling with trading hours might be a politically appealing and expedient distraction it won’t address the core problems.
What will work?
A larger number of visible Police on the streets, and appropriate deterrent-level punishments for the tiny minority of people who come out at night and break the law. Ask anyone.
Put some ICE in your phone
The Valley Liquor Accord, in association with Queensland Police and emergency services, is encouraging everyone who visits the Valley Entertainment Precinct to store the name and number of a family member or friend in their handsets to be contacted In Case Of Emergencies (ICE).
Including ICE in your mobile is an easy step that that may help you when you need it most – in times of accidents and emergencies.
Enter ICE – for In Case of Emergency – into your mobile’s address book and list the name and number of the person you want to be contacted in an emergency. You could also store your blood type and other relevant information under your ICE entry in some handsets that allow notes in the contacts section.
Ideally your ICE contact should know your basic medical information, such as blood type and allergies and be able to help emergency services make decisions if needed.
Having ICE in your mobile phone may make it quicker and easier for emergency services workers or passers by to get in contact with someone you want and who can help with vital information.
Many Australian emergency organisations have thrown their support behind the ICE campaign and the Valley Liquor Accord has now adopted the strategy also.
Advertising Restrictions for Gaming Licensees
On 15 October 2009 the Queensland Parliament passed the Gambling and Other Legislation Amendment Act 2009.
The amendments to the Maching Gaming Act 1991 include the introduction of a mandatory training requirement for all persons carrying out gaming duties on licensed premises.
The Office of Liquor & Gaming Regualation has not announced the date on which this new provision will come into effect, but it is likely to be in early 2010.
From that date, anyone carrying out gaming duties must complete a course in the Provision of Responsible Gambling Services within three months of commencing employment. There is a transitional provision which exempts existing gaming employees from this provision until 1 July 2011.
Mandatory Responsible Gambling Service Training Passed By Parliament
On 15 October 2009 the Queensland Parliament passed the Gambling and Other Legislation Amendment Act 2009.
The amendments to the Maching Gaming Act 1991 include the introduction of a mandatory training requirement for all persons carrying out gaming duties on licensed premises.
The Office of Liquor & Gaming Regualation has not announced the date on which this new provision will come into effect, but it is likely to be in early 2010.
From that date, anyone carrying out gaming duties must complete a course in the Provision of Responsible Gambling Services within three months of commencing employment. There is a transitional provision which exempts existing gaming employees from this provision until 1 July 2011.
Update to Requirements Relating to Approved Managers (Liquor)
The Office of Liquor & Gaming Regulation has released the Approved Manager Guideline officially endorsing the proposed exemptions for low risk licensed premises.
We recommend all licensees and Approved Managers download a copy of the Approved Managers Guideline from www.lgs.net.au and familiarise themselves with the content. Although there has been limited compliance activity in this area, we believe it is only a mattter of time before licensing officers begin an inspection program specifically targeting licensees obligations relating to Approved Managers.
Our feedback from the industry tells us the question of who is to sign the Approved Manager Register, and when it must be signed continues to cause the most confusion. The Approved Managers Guideline clears up some of the questions in this regard.
The exemption for low risk licensed premises is set out below:
“During ordinary trading hours only, the Chief Executive will allow some variation in the requirement for an approved manager to be rostered on at a premises.
The requirement for a licensee or approved manager to be reasonably available is not changed.
Provided the relevant licensee does not have an adverse compliance history, the following licence and business types are not required to have an approved manager rostered on at the premises during ordinary trading hours:
- Producer/wholesalers
- Florists and gift basket providers
- Community clubs with less than 2000 members
- Community other licences
- Restaurants
- Motels
- Indoor sports centres
- Vessels
The Chief Executive reserves the right to withdraw this exemption in response to any breaches of the Act committed by a licensee.”
There is a further provision allowing a business employing ten full-time (or equivalent) employees or less involved in the sale or supply of liquor to apply for a similar exemption.
In all circumstances, an individual licensee or approved manager must be reasonably available at all times the business is open during ordinary trading hours and must be on the premises during any approved extended trading hours.
Call our office on 07 3252 4066 if you have any questions on how this will apply to your situation.
