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1
Liquor Amendment Bill 2003
LIQUOR AMENDMENT BILL 2003
EXPLANATORY NOTES
Objectives of the Bill
The objectives of the Bill are to:
· require new licensees and nominees to provide evidence of
having attended a licensee's course as part of their liquor
application process; and
· introduce a scheme for the approval of trainers to deliver the
licensee's course;
· to clarify that areas under a special facility licence may be
subleased by the licensee to another person.
Reasons for the Bill
The need for the compulsory training of liquor licensees has emerged
from concerns within the liquor and hospitality industry and government
sectors that compliance issues and local disturbances stem from poorly
trained licensees and nominees. This lack of knowledge has resulted in
management practices which in many cases have a direct adverse impact
on the community. The flow-on effect of poor management practices often
compels other licensees to the same level to compete and exacerbates the
already high incidence of business closures across the industry. It is
considered that a mandatory training scheme for prospective licensees will
provide the capacity within the industry to improve business practices and
reduce local area disturbances.
Additionally, the Bill includes an amendment relating to special facility
licences. A recent decision of the Supreme Court of Queensland has raised
questions regarding the validity of subleases for these licences. The
proposed amendment seeks to confirm that subleasing agreements may be
approved for this category of licence.
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Liquor Amendment Bill 2003
Estimated cost of government implementation
Any expenditure associated with the implementation of the amendments
will be met through existing budget allocations. Approval has been
obtained for fees to be charged for course delivery and materials where
officers of the department will be involved in delivery.
Fundamental legislative principles
The Bill is consistent with fundamental legislative principles.
Consultation
Queensland Government--
Department of Employment and Training
Department of Premier and Cabinet
Department of Primary Industries (Office of Rural Communities)
Department of State Development (Business Regulation Reform Unit)
Office of Gaming Regulation
Queensland Health
Queensland Police Service
Queensland Treasury
Tourism Queensland
Industry / Community
Clubs Queensland
Queensland Cabarets Association
Queensland Hotels Association
Restaurant and Catering Queensland
Local authorities through the Local Government Association of
Queensland
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Liquor Amendment Bill 2003
NOTES ON CLAUSES
Clause 1 sets out the short title of the Act.
Clause 2 provides that sections 3, 4(1)(2)(4) and (5), 5, 8 and 14 to 17 of
the Bill commence on assent and that the remaining clauses relating to
mandatory training for licensees are to commence on 1 January 2004.
Clause 3 states that the Liquor Act 1992 is amended.
Clause 4 amends section 4 (Definitions) by inserting new definitions
relating to the licensee's training course and the approval of trainers by the
chief executive.
The definition of "disciplinary action" is amended to allow the chief
executive to require a licensee to undertake a licensee's course as a result of
disciplinary action taken against the licensee for irresponsible trading
practices.
Amendments are also made to definitions where renumbering has taken
place under the Liquor Act and other related Acts.
Clause 5 inserts a new paragraph for the jurisdiction of the tribunal. This
will ensure that the tribunal is able to hear and determine appeals made to it
regarding the approval of trainers.
Clause 6 inserts section 107AAA requiring an applicant for a new
licence or transfer of a licence to undertake a licensee's course. The licence
application may only be granted if within the previous 3 years, the person
has completed the course or has been the holder of, or nominee for a
similar licence under the Act. The chief executive is able to consider
granting the application on the condition that the person undertakes the
course within 12 months, if satisfied that the person could not attend a
course before making the application or during the time the application was
being considered, because of the their current residential locality or the
previous locality in which they lived.
Also, the chief executive may grant the application if satisfied that
having regard to the type of licence applied for and the nature and extent of
the business to be conducted, the applicant need not undertake the course.
A new section 107AAB inserts training provisions in relation to an
application for a permit under the Act. An applicant for a permit may be
notified in writing by the chief executive if a licensee's course must be
undertaken. The chief executive's decision will be based upon concerns to
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Liquor Amendment Bill 2003
minimise potential harm that may be associated with the activity proposed
under the permit.
Clause 7 inserts new section 109AAA relating to training for nominees
under the Act. This section requires nominees for new licences or
applicants for a change of nominee to undertake a licensee's course. The
licence application or application for a change of nominee may only be
granted if within the previous 3 years, the proposed nominee has completed
the course or has been the holder of, or nominee for a similar licence under
the Act. The chief executive is able to consider granting the application on
the condition that the person undertakes the course within 12 months, if
satisfied that the person could not attend a course before making the
application or during the time the application was being considered,
because of their current residential locality or the previous locality in which
they lived.
Also, the chief executive may grant the application if satisfied that
having regard to the type of licence applied for and the nature and extent of
the business to be conducted, the applicant need not undertake the course.
Clause 8 inserts a new paragraph (g) in section 111. This section
enables the chief executive to vary a licence. The new paragraph ensures
that the chief executive is able to vary a licence to ensure compliance with
the Act, for example to adhere to, or reduce noise emissions, and to ensure
that harm is minimised consistent with the objects of the Act.
Clause 9 omits section 114. This section required licence fees to be paid
in full prior to a transfer of licence. Licence fees are no longer collected by
the State Government.
Clause10 amends section references as section re-numbering will occur
under the Bill.
Clause 11 amends section references as section re-numbering will occur
under the Bill.
Clause 12 inserts a new subsection (5) in section 125. This section
relates to temporary authorities to trade which are issued in certain
circumstances, for example when licensed premises are destroyed by fire
and other premises are used temporarily for the conduct of the business.
The amendment will enable the chief executive to impose conditions on the
temporary authority. The conditions may differ from conditions on the
licence as they relate to other premises.
Clause 13 inserts a new subsections (2A) and (2B) in section 131A.
This section relates to authorities to continue to trade in cases where the
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Liquor Amendment Bill 2003
licensee has ceased to conduct the business or an administrator or executor
is appointed in relation to the business. The amendment will enable the
chief executive to impose conditions on the authority to continue trading.
The conditions may include requiring the new operator to undertake a
licensee's course within 3 months after the authority to trade is granted.
Clause 14 inserts new parts 5A and 5B relating to the licensee's course.
PART 5A--TRAINERS FOR LICENSEE'S COURSE
Division 1 provides for the appointment by the chief executive of a
public servant to deliver the licensee's course.
Division 2 allows applications to be made by individuals for approval to
deliver the licensee's course. In considering an application, the chief
executive must be satisfied of the applicant's knowledge and experience in
the liquor industry and their expertise as a trainer. If the applicant has held
a liquor licence their previous conduct in discharging their duties may also
be considered.
If the application is granted, the chief executive must provide written
notice of the decision and the term of the approval which may be granted
for not more than 3 years.
Division 3 enables an approved trainer to apply to renew their approval.
The chief executive may consider the same issues considered in the
original application, together with the person's previous conduct as trainer
for the licensee's course.
Division 4 states that an application for approval as a trainer or for a
renewal of a trainer's approval will lapse if the chief executive requests in
writing, further details to support the application and the details are not
provided within a stated time at least 21 days after the request.
Division 5 provides the grounds for cancellation of a trainer's approval
which include obtaining the approval on a false statement or representation
or by not conducting the course in an appropriate manner. A cancellation
procedure is provided which allows the trainer to make written
representation after receiving a written notice from the chief executive
stating the grounds for the proposed cancellation.
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Liquor Amendment Bill 2003
PART 5B--REVIEW OF DECISIONS
This part provides an application review mechanism for persons who
have been refused a training approval or for trainers who have had their
renewal application refused. An application for a review must be made in
writing within 28 days after notification is given to the person about the
decision. Upon review of the application, the applicant is to be given a
written decision and the reasons for it. A further appeal may be made to
the appeals tribunal in relation to the decision.
Clause 15 amends section 149 to clarify that while licensees cannot
allow another person to be in the keeping of the licensed premises, this
does not apply to approved sublessees or persons with management
agreements under a special facility licence.
Clause 16 amends section 153 to clarify that the holder of a special
facility licence does not commit an offence under section 149 by allowing
the premises to be in the keeping of another person under a sublease or
management agreement approved by the chief executive under this section.
Clause 17 amends section 226. This section makes it an offence to
breach a condition of a licence or permit. The amendment proposes to
extend the offence to include temporary authorities to trade (when the
premises or part of the premises has been destroyed or damaged) and
authorities to continue the business of the licence (when the licensee has
ceased to conduct the business or an executor or administrator has been
appointed). These authorities are able to be issued with conditions, in the
same manner as a licence to ensure compliance with the Act or for harm
minimisation purposes. This amendment will ensure that a breach of a
condition of an authority is treated in the same manner as a breach of a
condition of a licence.
Clause 18 is a transitional provision relating to the commencement of
the training amendments. The new requirement to undertake a licensee's
course will apply to persons who lodge applications for a new licence,
permit, a transfer of licence or change of nominee from 1 January 2004.
Applications lodged before this date will not be subject to the new
provisions.
© State of Queensland 2003