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Liquor and Other Acts Amendment Bill 2008
Liquor and Other Acts Amendment Bill
2008
Explanatory Notes
General Outline
Policy Objectives
The objectives of the Bill are to
· implement recommendations arising from the review of the Liquor
Act 1992 ("the Act"); and
· amend the Act in order to enhance the role of harm minimisation,
increase administrative efficiency, clarify existing provisions and
address anomalies.
Reasons for the Bill
On 1 March 2005 the Government released the Brisbane City Safety Action
Plan (BCSAP) to address violence in and around licensed premises in the
Brisbane Central Business District. One of the recommendations in the
BSCAP included a review of the Liquor Act to ensure that it appropriately
reflects current community attitudes including concerns about alcohol
abuse and binge drinking. The recommendation also asked that the review
consider whether licensees should pay more for late night trading permits;
how the nature of venues that serve alcohol has changed; recent changes in
serving practices; and the rapid growth of the tourism and hospitality
industry. The Liquor Licensing Division, now incorporated into the Office
of Liquor, Gaming & Racing, was responsible for conducting this review.
The review was the subject of significant consultation with the liquor and
hospitality industry, tourism operators, health and welfare workers, the
community and other interested stakeholders.
Analysis of the results of consultation through the review identified
opportunities to enhance the current liquor legislation framework. While
submissions to the review seemed to accept a need for effective regulation
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of the sale and supply of liquor, industry representatives argued that
minimising alcohol-related harm also required a focus on community
attitudes to alcohol and drinking behaviours. Industry also acknowledged
that current fees do not adequately reflect the costs of regulation of the
industry.
Achievement of the Objectives
The Bill includes a range of amendments to implement review
recommendations, enhance the role of harm minimisation, increase
administrative efficiency, clarify existing provisions and address
anomalies. These amendments include:
· harm minimisation to become the first object of the Liquor Act.;
· an expanded definition of "liquor" to ensure products with a novelty
value that target young people or encourage irresponsible or rapid
consumption of alcohol such as alcohol vapour or alcoholic milk
products are able to be captured;
· new powers for the Chief Executive to issue guidelines to assist in
interpretation and application of the Act and Liquor Regulation 2002;
· new Ministerial powers to ban undesirable alcohol products, such as
those that inappropriately target young people, increase intoxication at
rapid rates or encourage irresponsible use of alcohol. This power is in
line with other jurisdictions and responds to a community expectation
that products which heighten the exposure to increased harm for the
community can be banned;
· creation of an irresponsible supply provision to make it an offence for
an adult to supply alcohol to a minor in private places. The issue of
irresponsible supply, whereby parents and other adults provide liquor
to underage teenagers, has attracted significant attention in the
community, particularly in the context of youth parties and schoolies
celebrations, and will be addressed through this provision;
· mandatory Responsible Service of Alcohol (RSA) and Responsible
Management of a Licensed Venue (RMLV) training requirements. To
increase professionalism and minimise harm throughout industry, staff
will be required to complete Government-endorsed training;
· new powers for the Chief Executive to order emergency closure or
licence suspension where riotous behaviour is occurring or is likely to
occur. To prevent harm, and conduct effective investigations, the Chief
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Liquor and Other Acts Amendment Bill 2008
Executive will be empowered to immediately close a premises in the
face of riot or tumult for up to 48 hours;
· standard trading hours to be from 10am to midnight with extended
hours possible to 5am;
· restructure of licence types into two types commercial and
community with sub-categories based on the varying risks
associated with the licensed operations;
· introduction of a manager's approval to ensure that managers of
licensed venues are responsible for ensuring compliance with the Act
and conditions of the licence. This new provision will provide greater
accountability, professionalism and flexibility in management across
all of Queensland's licensed venues;
· introduction of a Risk Assessed Management Plan (RAMP) to be
undertaken as a prerequisite of the licensing process. This plan will
replace house policies and allow for each licensee to identify local
conditions and risks and demonstrate how their business is meeting
the Act's first objective of harm minimisation;
· submissions on public interest required for obtaining a licence will be
replaced by community impact statements that focus on harm
minimisation. On this basis a licensing application would only be
granted if the Chief Executive was satisfied that the approved manager
and premises would operate or be operated in a manner that would not
adversely impact on the surrounding locality;
· recognition of liquor accords. Queensland's liquor accords will be
provided legislative recognition, with membership of these voluntary,
harm-minimisation focused organisations to be encouraged; and
· the introduction of annual liquor licence fees, based on the risk a
licensed premises poses. Each licensee will pay a designated base fee
and loadings based on other risk factors such as trading hours and
compliance history.
Alternatives to the Bill
The policy objectives can only be achieved by legislative enactment.
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Liquor and Other Acts Amendment Bill 2008
Estimated Cost for Government Implementation
Any expenditure associated with implementation of the amendments will
be met through existing budget allocations.
Consistency with Fundamental Legislative Principles
Aspects of the Bill which raise potential fundamental legislative principles
are outlined below:
Expanding the definition of `liquor' to include a substance held out for sale
as an alcoholic substance and is prescribed as liquor by regulation may be
considered inconsistent with fundamental legislative principles. However,
limitations have been placed around the regulation making power so that
any product so prescribed must also be held out to be an alcoholic
substance for the purpose of sale.
The irresponsible supply provision, new subsection 156A, is supported by
new subsection 53A of the Police Powers and Responsibilities Act 2000.
This will enable police officers to dispose of the liquor before the offence
of irresponsible supply to the minor is proven, which may be considered
inconsistent with fundamental legislative principles. However, it is
considered that the provision's policy intent of harm minimisation is
achieved through the seizure and forfeiture measure and that the inclusion
of the measure is therefore justified.
Consultation
Queensland Government
Department of the Premier and Cabinet
Queensland Treasury
Queensland Office of Gaming Regulation (Queensland Treasury)
Queensland Health
Department of Justice and Attorney-General
Department of Local Government, Sport and Recreation
Department of Education, Training and the Arts
Department of Emergency Services
Queensland Police Service
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Liquor and Other Acts Amendment Bill 2008
Queensland Corrective Services
Queensland Transport
Department of Child Safety
Department of Public Works and Housing
Department of Infrastructure and Planning
Department of Mines and Energy
Department of Natural Resources and Water
Department of Employment and Industrial Relations
Environmental Protection Agency
South Bank Corporation
Industry/Community
Brisbane City Council
Clubs Queensland
Gold Coast City Council
Queensland Cabarets Association
Golf Queensland
Queensland Hotels Association
Restaurant & Caterer's Association
Valley Chamber of Commerce
Local Government Association Queensland
Notes on Provisions
Part 1 Preliminary
Clause 1 sets out the short title by which the Act will be known.
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Liquor and Other Acts Amendment Bill 2008
Clause 2 provides that the Act, other than sections 4, 5, 7, 8, 12, 22, 29 and
41 and part 3, commences on 1 January 2009.
Part 2 Amendments of Liquor Act 1992
Division 1 provides preliminary information.
Clause 3 provides that the Act amended in part 2 is the Liquor Act 1992.
Division 2 provides for amendments not relating
to approved managers
Clause 4 omits section 3 (Objects of Act) and inserts new section 3 with the
Act's objects listed in a revised order. The object relating to harm
minimisation is listed as the first object to indicate the importance of harm
minimisation to the operation of the Act. Reference to the National Health
Policy on alcohol is removed to clarify that object.
The Act's remaining objects are otherwise listed in the order they had
previously appeared and remain unchanged.
Clause 5 amends section 3A (Principle underlying this Act for facilitating
and regulating the liquor industry). Current subsection 3A(4) is amended to
enhance the role of new subsection 3(a), harm minimisation, in relation to
the underlying principle of the Act. The underlying principle of the Act in
relation to the sale and supply of liquor remains unchanged.
Clause 6 amends section 4 (Definitions).
Clause 7 amends section 4B (Meaning of liquor). Section 4B(2) is
amended to include examples of `other' liquor products, to better
demonstrate the intention of this clause through identifying specific
products to be thought of as liquor.
A new subsection 4B(3) is inserted here to provide a further meaning of
liquor. This new subsection provides for substances containing alcohol to
be prescribed under regulation as liquor. This definition will assist in the
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Liquor and Other Acts Amendment Bill 2008
public policy need to anticipate the development of novelty alcohol
products which fall outside specific definitions.
The current subsection 4B(3) is renumbered 4B(4).
Clause 8 amends section 5 (Who is a responsible adult for a minor) to
provide a more inclusive definition, to be applied to new section 156A. The
words "while the minor is on licensed premises or in public places" are
omitted, to allow the definition to also apply in private places, as new
section 156A relates to the supply of liquor to minors in private places.
Clause 9 amends section 9 to specify the ordinary trading hours of licensed
premises other than a producer/wholesaler are between 10am and 12
midnight on all days other than Good Friday and Christmas Day. On Good
Friday and Christmas Day, the ordinary trading hours are between 10 am
and 12 midnight for the sale of liquor only in association with a consumer
eating a meal on the premises.
Clause 10 amends section 12(2) by adding a further category of exemption
from application of the Act. Subject to a number of conditions, sales of
liquor of not more than one litre which form part of a floral arrangement or
gift basket delivery will not need to be made under the authority of a
licence. Currently, such businesses must obtain a limited licence. Given
the low level of impact that these liquor sales have on the community, it is
not considered necessary for these sales to be made under the authority of a
licence.
Clause 11 amends section 21 which provides for the jurisdiction and
powers of the Tribunal. The words `assessment, reassessment or imposition
of' are omitted from subsection (1)(f) to clarify that a licensee can appeal
to the Tribunal against a decision of the chief executive in relation to a fee
payable in respect of a licence.
Clause 12 inserts new section 42A to give the chief executive a power to
issue guidelines about the attitude the chief executive is likely to adopt on a
particular matter or how the chief executive administers the Act. The
section contains provisions about public access to the guidelines.
Clause 13 replaces part 4 (licences and permits) and inserts a new part 3A,
risk assessed management plans. These plans replace house policies and
are a requirement for licensed premises or premises to which a restricted
liquor permit relates. Section 50 defines the terms `approved risk assessed
management plan' and `risk assessed management plan' for part 3A.
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Section 51 details the process for the chief executive to approve a plan,
with section 52 outlining the process for changing a plan.
Section 53 provides the process for recording a change of plan if a licensee
or permittee receives notice of the grant of an application for a changed
plan. Within 14 days of receiving notice of the decision, a licensee or
permittee must lodge the plan incorporating the change and the associated
licence or permit with the chief executive. A maximum penalty of 25
penalty units applies for failing to comply with this requirement. The chief
executive is required to immediately make the necessary changes and
provide them to the licensee or permittee.
Section 54 provides that it is a condition of a licence or restricted liquor
permit that the approved plan be available for inspection by an investigator
and patrons of the premises and that signage to this effect be displayed at
the premises. Additionally, staff and crowd controllers are to be made
aware of, and perform their duties in accordance with, the approved plan.
A new part 4 titled `licences' is inserted. Division 1 specifies the types of
licences that may be granted and held under the Act. The liquor reform
process included a licence type restructure which has reduced the number
of available licence categories from seven to five. Currently, licences are
differentiated on the basis of `primary purpose', which is replaced by the
concept of `principal activity' under the new structure.
Section 58(1) details the new licence types. There are two main streams,
commercial and community, with a number of subcategories in each.
Subsection (2) provides that although only one licence may be granted or
held for premises or any part of premises, a licence may be held for the
premises or part, even though there is a licence under the Wine Industry Act
1994 for premises or part of the premises. Subsection (3) specifies that in
these circumstances, the licensee must be the same person under both Acts
and liquor may be sold under licence under this Act only for the trading
hours authorised under the licence.
Division 2 provides for a commercial hotel licence. Section 59 specifies
the principal activity of a business conducted under a commercial hotel
licence is the sale of liquor for consumption on the licensed premises, or on
and off the licensed premises, together with the provision of meals and
accommodation, as required under the licence and the provision of
premises and catering facilities for persons attending a function held on the
premises.
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Subsection (2) provides that the authority under a commercial hotel licence
to sell liquor does not apply unless a business is conducted on the licensed
premises in accordance with the principal activity mentioned in subsection
(1).
The section further provides that it is inconsistent with the principal
activity of a business conducted under a commercial hotel licence to only
sell liquor for consumption off the premises. To obtain a commercial hotel
licence, it is necessary to sell liquor for consumption on the premises and
not only to sell take away liquor.
Currently, a small number of general licences are permitted to sell
take-away only. These premises were originally licensed as spirit merchant
(retailer's) under the Liquor Act 1912 and the trading conditions were
preserved by the 1992 Act. To ensure that no individual is disadvantaged
by the operation of this section, these licences will continue to be preserved
by the transitional arrangements of this Act.
Section 60 provides for the authority of a commercial hotel licence, which
extends to the sale of liquor for consumption on or off the premises during
ordinary trading hours or approved extended trading hours. Liquor may
also be sold to a resident at any time for consumption on or off the premises
and to a guest of a resident at any time for consumption on the premises
while in the resident's company. Liquor may also be sold on premises,
known as detached bottle shops, approved by the chief executive for
consumption off the premises or on the premises in the amount and in the
circumstances prescribed by regulation.
Subsection (2) provides that if stated in a licence, the authority also extends
to the sale of liquor while the licensee is catering for a function off the
licensed premises. In these circumstances, the sale of liquor must be
ancillary to the function and for the consumption by persons genuinely
attending the function.
Subsection (3) further provides that the authority under a commercial hotel
licence is subject to the Act and the conditions stated in the particular
licence. Subsection (4) clarifies that premises approved by the chief
executive for sale of liquor under the authority of a commercial hotel
licence are part of the licensed premises to which the licence relates.
Section 61 provides for restrictions on the grant of a commercial hotel
licence, including the requirements of the business having a principal
activity as mentioned in section 59(1), a commercial kitchen and at least
two of the following facilities a dining room, restaurant or bistro; at least
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Liquor and Other Acts Amendment Bill 2008
three rooms of self contained accommodation; or a function room available
for public hire. The premises must also have seating capacity for more
than 60 patrons and have male and female toilet facilities on the premises.
Subsection (2) further restricts the granting of a commercial hotel licence
for premises that the chief executive considers are, or are to be used
primarily as a supermarket or if the sale of liquor proposed to be carried out
under authority of the licence would more appropriately be carried out
under a different type of licence.
Section 62 clarifies that liquor supplied under the authority of a
commercial hotel licence to residents and guests in their company, at any
time other than ordinary trading hours or approved extended trading hours,
must be consumed in a residential unit on the premises.
Division 3 provides for a commercial special facility licence. Section 63(1)
provides the principal activity of a commercial special facility licence is the
provision of one of the following activities a casino; an airport; a
convention centre; or another type of facility other than a sporting facility
that makes or is likely to make a significant contribution to the tourism
development of the State.
Subsection (2) provides that the authority under a commercial special
facility licence to sell liquor does not apply unless a business is conducted
on the licensed premises in accordance with the principal activity
mentioned in subsection (1).
Section 64 provides for the authority of a commercial special facility
licence. Subsection (1) specifies that a commercial special facility licence
authorises the licensee to sell liquor on the licensed premises for
consumption on or off the premises during times stated in the licence.
Subsection (2) specifies that the authority under subsection (1) is subject to
the Act and the conditions stated in the particular licence.
Section 65 provides for restrictions on the grant of a commercial special
facility licence. Subsection (1) specifies that the chief executive may grant
such a licence only if satisfied that the business to be conducted under the
licence on the licensed premises has a principal activity as mentioned in
section 63(1).
Subsection (2) states that the chief executive must not grant a commercial
special facility licence if the supply of liquor proposed to be provided
under the authority of the licence would be more appropriately carried on
under a different type of licence.
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Subsection (3) specifies that the chief executive must not grant a
commercial special facility licence to a person for premises the chief
executive considers are, or are to be used primarily as a supermarket.
Division 4 provides for a commercial other licence. Subdivision 1 details
general information about the licence category. Section 66 provides for the
types of commercial other licences that may be granted and held under the
Act.
Section 67(1) provides that the principal activity of a subsidiary
on-premises licence is the provision of an activity, matter or service to
which the sale of liquor, for consumption on the licensed premises, is a
subsidiary aspect. Subsection (2) qualifies that the authority under a
subsidiary on-premises licence to sell liquor does not apply unless a
business is conducted on the licensed premises in accordance with the
principal activity mentioned in subsection (1).
Section 67AA applies if the principal activity of the business conducted
under the subsidiary on-premises licence is the provision of entertainment.
The authority of the licence is restricted to the sale of liquor to a person for
consumption on the premises in association with the person being provided
entertainment on the premises.
Section 67A applies if the principal activity of the business conducted
under the subsidiary on-premises licence is the provision of meals
prepared, and served to be eaten on the licensed premises. The authority of
the licence is restricted to the sale of liquor in association with a consumer
eating a meal on the premises and to persons other than in association with
persons eating meals. The authority to sell liquor also extends to one
opened and one unopened bottle of wine for consumption off the premises
to each diner.
Section 67B applies if the principal activity of the business conducted
under the subsidiary on-premises licence is the provision of
accommodation. The licensee is authorised to sell liquor on the licensed
premises at any time to a resident or a guest of a resident in the resident's
company, for consumption on the premises. Liquor may also be sold to a
resident in a quantity of not more than 9L a day for consumption off the
premises. During ordinary trading hours or approved extended trading
hours, the licensee is authorised to sell liquor to any person, including a
person not eating a meal, for consumption in a part of the premises
ordinarily set aside for dining.
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Liquor and Other Acts Amendment Bill 2008
Subsection(3) clarifies that liquor supplied to a resident on the licensed
premises or a guest of a resident in the resident's company, for
consumption on the premises outside ordinary trading hours or approved
extended trading hours, must be consumed in a residential unit on the
premises.
Section 67C provides for the authority of a subsidiary on-premises licence.
Subsection (1) authorises a licensee to sell liquor in association with an
activity, matter or service, being the principal activity of the business
provided on the licensed premises. The sale of liquor is authorised for
consumption on licensed premises and if stated in the licence, for
consumption off the licensed premises during ordinary trading hours or
approved extended trading hours.
Subsection (2) provides that subject to section 67E, if stated in the licence,
the authority of a subsidiary on-premises licence extends to the sale of
liquor on premises other than the licensed premises for consumption on the
other premises in the course of the licensee providing catering facilities for
functions. Subsection (3) provides that the authority under subsection (1)
or (2) is subject to this Act and the conditions stated in a particular licence.
Section 67D provides for a restriction on the grant of a subsidiary
on-premises licence, stating that the chief executive must not grant such a
licence to a person for a vehicle the chief executive reasonably considers is,
or is to be, used primarily to transport persons by road between licensed
premises.
Section 67E provides for the restriction on the sale of liquor for
consumption off the licensed premises, clarifying that the authority of a
subsidiary on-premises licence to sell liquor for consumption off the
licensed premises is restricted to the sale of liquor as ancillary to a function
for consumption by persons genuinely attending the function. In these
circumstances, a licensee must also provide food of sufficient substance to
ordinarily be accepted as a meal.
Subsection (3) provides that subsection (4) applies if the principal activity
conducted under a subsidiary on-premises licence is the provision of meals.
Subsection (4) specifies that extended authority to provide take away liquor
to diners under section 67A(2)(b) does not apply when a licensee is
catering for a function off the licensed premises.
Subdivision 3 provides for a subsidiary off-premises licence. Section 68(1)
specifies that the principal activity of a business under a subsidiary
off-premises licence is the provision of an activity, matter or service to
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Liquor and Other Acts Amendment Bill 2008
which the sale of liquor for consumption off the licensed premises is a
subsidiary aspect. Subsection (2) qualifies that the authority under a
subsidiary off-premises licence to sell or supply liquor does not apply
unless a business is conducted on the licensed premises with the principal
activity as mentioned in subsection (1).
Section 69 provides for the authority of subsidiary off-premises licence.
Subsection (1) specifies that a subsidiary off-premises licence authorises
the licensee, during the times stated in the licence, to sell liquor on the
licensed premises for consumption off the premises. The amount of each
sale is not more than the amount stated in the licence by the chief executive
in the licence, or where not specified, 2 litres. Subsection (2) qualifies that
the authority under subsection (1) is subject to the Act and the conditions
stated in the particular licence.
Section 69A provides for the restriction on grant of a subsidiary
off-premises licence, stating that such a licence must not be granted for
premises the chief executive reasonably considers are, or are to be, used
primarily as a supermarket or for premises the chief executive reasonably
considers are, or are to be, used primarily for the hiring out of party
equipment.
Subdivision 4 provides for a bar licence. Section 70 provides that the
principal activity of a business under a bar licence in subsection (1) is the
sale of liquor on the licensed premises having the capacity to seat not more
than 60 patrons at any one time. Subsection (2) qualifies the authority
under a bar licence to sell or supply liquor does not apply unless a business
is conducted on the licensed premises with the principal activity as
mentioned in subsection (1).
Section 70A provides the authority of bar licence. Subsection (1) specifies
that a bar licence authorises the licensee to sell liquor on the licensed
premises for consumption on the premises during ordinary trading hours or
approved extended trading hours. Subsection (2) qualifies that the authority
under subsection (1) is subject to the Act and the conditions stated in the
particular licence.
Subdivision 5 provides for an industrial canteen licence. Section 71
defines `remote industrial locality' for subdivision 5.
Section 71A provides for the principal activity of a business under an
industrial canteen licence, which is described in subsection (1) as the sale
of liquor on the licensed premises located within a remote industrial
locality. Subsection (2) qualifies that the authority under an industrial
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Liquor and Other Acts Amendment Bill 2008
canteen licence to sell or supply liquor does not apply unless a business is
conducted on the licensed premises with the principal activity as mentioned
in subsection (1).
Section 71B provides for the authority of an industrial canteen licence.
Subsection (1) authorises the holder of an industrial canteen licence to sell
liquor to a `relevant person' on the licensed premises, for consumption on
or off the premises. Subsection (2) qualifies that the authority under
subsection (1) is subject to this Act and the conditions stated in a particular
licence. Subsection (3) clarifies the meaning of a `relevant person' in this
section.
Section 71C provides for the restriction on grant of an industrial canteen
licence, specifying that the chief executive may grant an industrial canteen
licence in relation to a remote industrial locality only if there is no other
licensed premises within the locality.
Subdivision 6 provides for a producer/wholesaler licence. Section 72
specifies that the principal activity of a business under a
producer/wholesaler licence is either the production and wholesale sale on
the licensed premises of liquor made on the premises, or the wholesale sale
on the licensed premises of liquor, or both. Subsection (2) qualifies that the
authority to sell or supply liquor under a producer/wholesaler licence does
not apply unless a business is conducted on the licensed premises with the
principal activity as mentioned in subsection (1).
Section 73 provides for the authority of producer/wholesaler licence. A
licensee that is a producer of liquor is authorised to sell liquor produced on
the premises, for consumption on or off the premises, during ordinary
trading hours or approved extended trading hours. A licensee that is a
wholesale supplier of liquor is authorised to sell liquor for consumption off
the premises, during ordinary trading hours. Subsection (2) qualifies that
the authority under subsection (1) is subject to this Act and the conditions
stated in a particular licence.
Section 74 provides for the restriction on grant of producer/wholesaler
licence, stating that a producer/wholesaler licence may be granted only if
the chief executive is satisfied the business to be conducted under the
licence on the licensed premises will have the principal activity as
mentioned in section 72(1).
Section 75 provides for restriction on the sale of liquor under a
producer/wholesaler licence. This section renumbers current section 84
without change.
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Division 5 provides for a community club licence. Section 76(1) provides
that the principal activity of a club is a business conducted under a
community club licence as the provision of facilities and services to the
club's members and the achievement of the club's objectives.
Subsection 76(2) qualifies that the authority under a community club
licence to sell or supply liquor does not apply unless a business is
conducted on the licensed premises with the principal activity as mentioned
in subsection (1).
Section 77 provides for the authority of a community club licence, which
effectively replicates current section 85 provisions regarding to whom
liquor may be supplied and the times it may be supplied. The only changes
reflect new terminology used in relation to extended trading hours and
licence categories.
Section 78 provides for restrictions on the grant of a club licence, which
mirror current section 86 provisions. The only changes are current
references to `club' licence become `community club' licence and `primary
purpose' become `principal activity'.
Section 79 provides for requirements of a club and secretary, which
replicate current section 88 provisions. The only changes are that current
references to a `club' licence become a `community club' licence.
Division 6 provides for community other licences. This licence replaces
the current restricted club permits of 12 months duration held by small
clubs and associations. Section 80 provides for the principal activity of
business under a community other licence, which is stated in subsection (1)
as the provision of facilities and services to the relevant club's members
and achievement of the club's objectives.
Subsection (2) qualifies that the authority under a community club licence
to sell or supply liquor does not apply unless a business is conducted on the
licensed premises with the primary purpose as mentioned in subsection (1).
Subsection (3) clarifies the term `relevant club' in the section as meaning
the club to which the licence relates.
Section 81 provides for the authority of a community other licence.
Subsection (1) specifies to whom, where and when liquor is authorised to
be sold under the authority of a community other licence. Subsection (2)
qualifies that the authority under subsection (1) is subject to this Act and
the conditions stated in a particular licence. Subsection (3) clarifies the
term `relevant club'.
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Liquor and Other Acts Amendment Bill 2008
Section 82 provides for restriction on the grant of a community other
licence and other related matters. Subsection (1) provides that the chief
executive may grant a community other licence if satisfied the relevant club
is non-proprietary. Subsection (2) requires the chief executive to include
the times for the sale of liquor, which may not total more than 25 hours per
week, and the area to which the licence relates.
Section 83 provides for requirements of club and secretary. Subsection (1)
specifies conditions that a community other licence is subject to. These
conditions relate to the rules of a club and registers to be maintained by a
club.
Division 7 provides for extended trading hours approval. Section 84
provides for the authority of an extended trading hours approval, the holder
of which may sell liquor on a regular basis at the licensed premises subject
to the Act at times and subject to conditions stated in the approval.
Section 85 provides for an application for approval, specifying that an
applicant for a licence or a licensee may apply to the chief executive for an
extended trading hours approval for the premises that are or are to be the
licensed premises.
Section 86 provides for hours to which an application relates. Subsection
(1) specifies that an application may be made for a licence for extended
trading hours approval for a licence other than a community other licence
to extend trading on a regular basis to include trading between 12am and
5am. Subsection (2) further provides that approval may be sought for a
licence other than a community other licence to include trading between
9am and 10am. Subsection (3) provides that an applicant under subsection
(2) must satisfy the chief executive that there is demonstrated need for the
application to be granted.
Subsection (4) provides that extended trading hours approval may be
sought by a community club licence to include trading between 7am and
9am. Subsection (5) requires an applicant under subsection (4) to satisfy
the chief executive that there is demonstrated community need for the
application to be granted or the club to which the licence relates must be a
sporting club for a sport prescribed under a regulation.
Subsection (6) provides that extended trading hours approval may be
sought by a licence other than a community club licence to include trading
between 7am and 9am, but only for the purpose of selling liquor to persons
genuinely attending a function held on the licensed premises during those
hours.
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Liquor and Other Acts Amendment Bill 2008
Section 87 provides for restriction on grant of extended trading hours
approval, clarifying that the chief executive must not grant such an
approval that would purport to authorise the sale of liquor at any time on
Good Friday, Christmas Day or Anzac Day other than as prescribed by
section 9 (ordinary trading hours).
A new Part 4A provides for Permits.
Division 1 provides for permits under the Act. Section 100 provides for
available permits which may be granted and held under the Act.
Division 2 provides for commercial public events permits. Section 101
provides definitions for the terms `licence', `main premises', private event'
and public event' for division 2.
Section 101A provides for a commercial public event permit issued jointly
to two or more licensees, with subsection (1) specifying that such a
reference in division 2 is a reference to each of the licensees. Subsection
(2) provides if one of the licences is suspended, the permit is taken to be
suspended for the period of suspension. Subsection (3) similarly provides
if one of the licences is cancelled, the permit is taken to be cancelled.
Section 102 provides a licensee who proposes to sell or supply liquor at a
public event under a licence must apply for a commercial public event
permit. An application must describe the areas where liquor will be sold or
consumed and where any catering to be provided by the licensee will take
place. An application must also be accompanied by a proposed event
management plan. Subsection (3) provides that an application may be
made jointly by 2 or more licensees.
Section 103 provides for restriction on grant of commercial public event
permit. Subsection (1) specifies the chief executive must not grant a
commercial public event permit unless satisfied about particular issues.
Subsection (2) clarifies that the requirement in subsection (1) for a licensee
in catering for the public event to be carrying out the principal activity of
the business conducted under the licence does not apply to the holder of a
subsidiary on-premises licence with the provision of accommodation as the
principal activity.
Subsection (3) precludes the chief executive from granting a commercial
public event permit that would authorise the sale of liquor on Good Friday,
Christmas Day or Anzac Day, except to authorise a licensee to sell liquor
between 5am and 1 am on Anzac Day if the licensee has entered into an
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Liquor and Other Acts Amendment Bill 2008
agreement with an RSL or Services Club to sell liquor under the permit at
an Anzac Day event for the club.
Section 103A provides that the area defined in a commercial public event
permit forms part of licensed premises for the duration of the permit.
Section 103B provides for the authority of a commercial public event
permit and specifies that subject to the Act, a commercial public event
permit authorises a licensee to sell or supply liquor at the public event, at
the times on the day or days, subject to the conditions stated in the permit
and within the defined area stated in the permit.
Division 3 provides for community liquor permits. Section 103C provides
that subject to the Act, a community liquor permit authorises a permittee to
sell liquor for consumption at an event or occasion, at the times on the day
or days and subject to the conditions stated in the permit. Also, if stated in
the permit, the authority extends to the sale of liquor for removal from the
venue and subsequent consumption.
Section 103D provides for restriction on grant of a community liquor
permit. A community liquor permit must not be granted for licensed
premises or if the supply of liquor would be more appropriately provided
under the authority of a licence. Additionally, such a permit may only be
granted to a non-proprietary club or another entity if the chief executive is
satisfied that the net proceeds from the sale of liquor will be used for the
benefit of the community. Subsection (3) specifies that if an applicant for a
community liquor permit is a non-proprietary club that is an
unincorporated association, the permit may be granted only to an
individual for the non-proprietary club.
Section 103E provides for identification of premises. Subsection (1)
requires the chief executive to define an area adjacent to each premises to
which a community liquor permit relates and state the means by which the
area must be marked out. Subsection (2) clarifies that the area defined
under subsection (1) is part of the premises to which the permit relates.
Section 103F provides for restriction on consumption or possession of
liquor. Subsection (1) specifies that a person must not consume liquor or
have liquor in possession for consumption at the venue of the event or
occasion elsewhere than in the area that is part of the premises to which the
permit relates. Subsection (2) clarifies that subsection (1) does not apply to
liquor supplied by a person or association of persons controlling the event
or occasion in part of the venue set apart for their own use.
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Liquor and Other Acts Amendment Bill 2008
Division 4 provides for extended hours permits. Section 103G provides
that the authority of an extended hours permit, authorises the holder of the
permit to sell liquor on a particular day under the authority of the licence,
subject to this Act and conditions stated in the permit.
Section 103H provides for restriction on grant of extended hours permits.
The chief executive is precluded from granting an extended hours permit
that would authorise the sale of liquor on Good Friday, Christmas Day or
Anzac Day, other than as prescribed by section 9 (ordinary trading hours),
except to authorise a licensee to sell liquor between 5am and 1 am on
Anzac Day, if satisfied that the licensee has entered into an agreement with
an RSL or Services Club to sell liquor at an Anzac Day event under the
permit.
Section 103I provides the hours to which an application may relate.
Subsection (1) provides that an application may be made for a licence other
than a community other licence to extend trading on a particular day to
include trading between 12am and 5am. Subsection (2) further provides
that an application may be made for a licence other than a community other
licence to include trading between 9am and 10am on a particular day, but
must satisfy the chief executive that there is demonstrated need for the
application to be granted.
A community club licence may apply to include trading between 7am and
9am, but must satisfy the chief executive that there is demonstrated
community need for the application to be granted or that the club to which
the licence relates is a sporting club for a sport prescribed under a
regulation. Other licensees applying to extend trading between 7am and
9am on a particular day may only do so for the purpose of selling liquor to
persons genuinely attending a function during those hours.
Section 103J provides for a restriction on the number of extended hours
permits for particular premises. A maximum of twelve extended hours
permits mentioned in section 103I(1) may be granted to include trading
between 12am and 5am during a one year period. A maximum of four
extended hours permits mentioned in section 103I(2),(4) or (6) may be
granted during a one year period to include trading between 7am and 9am
and between 9am and 10am.
Division 5 provides for restricted liquor permits. Section 103JA provides
for the authority of a restricted liquor permit. Subsection (1) specifies to
whom, where and when liquor is authorised to be sold under the authority
of a restricted liquor permit. Subsection (2) qualifies that the authority
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Liquor and Other Acts Amendment Bill 2008
under subsection (1) is subject to this Act and the conditions stated in the
permit. Subsection (3) clarifies the term `relevant club' in this section.
Section 103K provides for restriction on the grant of a community other
licence and other related matters, specifying that the chief executive may
grant a community other licence if satisfied the relevant club is
non-proprietary. The chief executive is also required to include the times
for the sale of liquor, which may not total more than 25 hours per week,
and the area to which the permit relates.
Section 103L provides for the duration of a restricted liquor permit as being
at least three months but not longer than 6 months.
Section 103M provides for requirements of club and secretary, which relate
to the rules of a club and registers to be maintained by a club.
Division 6 renumbers current division 13A provisions relating to adult
entertainment permits. The only changes relate to terminology resulting
from the restructure of licences and permits.
Division 7 renumbers current division 13B provisions relating to restricted
area permits.
Clause 14 amends section 105 to require an application for a licence or
restricted liquor permit to be accompanied by a risk assessed management
plan. A revised risk assessed management plan must accompany an
application for the transfer of a licence, a permanent variation of a licence,
a permanent change in a licensed area, an extended trading hours approval
or an approval for a change in the principal activity of a business conducted
under a licence.
Clause 15 omits section 109C (application for grant of extended hours
permit).
Clause 16 amends section 110 to provide that a licensee may apply on an
irregular basis for an extended hours permit to include trading on a
particular day between the hours of 12am and 5am.
Clause 17 replaces section 116 (public interest relevant to applications)
with a provision that requires a community impact statement to accompany
an application for a licence other than a community club licence or
community other licence, an application by a licensee for a variation of the
licence or an application by a licensee for an extended hours approval.
Other licensees may also be required to provide a community impact
statement within 60 days of receiving written notice of the requirement, if
the chief executive reasonably believes that the community concerned
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Liquor and Other Acts Amendment Bill 2008
would be adversely affected by the grant of an application. If not received
within 60 days, the application is taken to be withdrawn.
Clause 18 amends section 118A (submissions on public interest) by
omitting `on public interest' from the heading. The word `matters' is
omitted from section 118A(1) and `matters mentioned in section 116(6)'
are inserted to specify matters to be addressed in a community impact
statement.
Clause 19 replaces section 121, specifying matters the chief executive must
have regard to in deciding whether to grant the application.
Clause 20 amends section 136 which provides for grounds for disciplinary
action by replacing `primary purpose' in section 136(1)(a)(ii) with
`principal activity'.
Clause 21 inserts new section 137E (Disciplinary action against former
licensee) which provides that disciplinary may apply to a former licensee
for up to one year after a licensee has transferred a licence. The ability to
take disciplinary action applies if the licensee transfers the licence before
the chief executive makes a decision about a proposed action under section
137A. This section specifies the relevant disciplinary actions that may be
taken against former licensees.
Clause 22 amends section 142 (Closure of premises in face of riot or
tumult) to allow for the chief executive to order that all or any of the
licensed premises in a locality in which a riot or tumult is happening, or is
reasonably expected to happen, be closed during a period of not longer than
48 hours stated in the order. This amendment extends the current closure
power in that the Chief Executive will be able to make such an order if
informed by an investigator "that a magistrate or 2 justices are not readily
available" to deal with an application for closure under existing subsection
(1).
Clause 23 inserts a new part 5, division 4A which provides for training
course certificate requirements. The new provision applies to licensed
premises and states that it is a condition of a licensee's licence that an
individual licensee, approved managers and members of staff involved in
the service or supply of liquor must have a current training course
certificate in the Responsible Service of Alcohol. Staff members must
acquire the necessary training within 30 days of becoming a member of
staff. It is a condition of the licensee's licence that a training register be
kept with information about current training course certificates or matters
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Liquor and Other Acts Amendment Bill 2008
relating to training persons involved in the service or supply of liquor and
that the register be available for inspection by an investigator.
Clause 24 replaces pt 5, div 6 (Certain provisions about conditions of
licences and permits for Brisbane City Council area). Section 142AD
defines terminology used in division 6.
Section 142AE(1) specifies that division 6 applies in the Brisbane City
Council area to premises licensed to sell liquor after 1am, with exceptions
to the application of the division addressed in sections 142AE(2), (3) and
(4).
Section 142AF clarifies that in relation to the licensee, division 6 has the
same purpose as the purpose mentioned in section 148A(1), which
provides for obligations of licensees and permittees relating to the service,
supply and promotion of liquor .
Section 142AG provides for conditions about crowd controllers to clarify
that in section 142AG(a)(i) the minimum requirements relating to crowd
controller numbers prescribed under a regulation apply after 11pm.
Section 142AH provides for conditions about closed circuit television
equipment.
Section 142AI specifies conditions about incident and training registers
which are to be kept by a licensee.
Section 142AJ provides for conditions about drinking practices that must
not be conducted on licensed premises.
Section 142AK provides for the holder of a licence subject to a condition
under this subdivision to comply with the condition. A maximum penalty
of 100 penalty units applies to a breach of section 142AK.
Section 142AL provides that a reference in section 136(1)(a)(iii) to a
condition stated in the licence is taken to include conditions referred to in
this section.
Clause 25 amends section 142B (Applying for approval as trainer) by
omitting subsection 142B(2) "The person must be an individual". This
omission is to allow persons applying for approval for a trainer to be either
individuals or registered training organisations. Subsections 142B (3) and
142B (4) are renumbered accordingly.
Clause 26 inserts a new section 152A which provides that a licensee must
not change the principal activity of business conducted under a licence
without the chief executive's approval.
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Liquor and Other Acts Amendment Bill 2008
Clause 27 inserts a new section 155AB which provides for the supervision
of `relevant volunteers' who are involved in the service or supply of liquor
and do not hold a current training course certificate at premises to which a
community club licence, community other licence or restricted liquor
permit relates. The licensee or permittee must take reasonable steps to
ensure that relevant volunteers are generally supervised by a person with a
current training course certificate in the responsible service of alcohol.
Clause 28 amends sections 155A (Prohibition on sale to a minor) and 156
(Liquor prohibited to certain persons) to alter the maximum penalty units
for the offences relating to minors in these sections. The words "40 penalty
units" are replaced by "80 penalty units" in sections 155A(b) and
156(3)(b)(i).
Clause 29 inserts new sections 156A (Irresponsible supply of liquor to a
minor at a private place), 156B (Prohibition on sale of undesirable liquor
product) and 156C (Interim prohibition on sale of undesirable liquor
product).
Section 156A is inserted to introduce the offence of irresponsible supply to
a minor at a private place. The purpose of the section is to address the
problems associated with minors and liquor at private premises (including
the family home, rented accommodation or premises such as community
halls hired for the purpose of a private function). The offence provision for
irresponsible supply is to be applied to adults as they will be considered
responsible for minors. The proposed amendments are not intended to
restrict the practice within the Australian society where some parents
choose to educate their children in the responsible consumption of liquor
through supervised and limited consumption within the family
environment. The new offence provision is to be supported through the
extension of the seizure power as provided in section 53 of the Police
Powers and Responsibilities Act 2000 to include the new offence. The
purpose of allowing the seizure and forfeiture power in relation to
irresponsible supply is to ensure harm can be minimised in relation to
minors and the misuse and abuse of alcohol.
The new section establishes two forms of the offence. Subsection 156A(1)
makes it an offence for an adult to supply liquor to a minor at a private
place, unless the adult is a responsible adult for the minor (Responsible
Adult is defined in section 5 of the Act). Subsection 156A(2) establishes
the offence of irresponsible supply of liquor to a minor by a responsible
adult at a private place. A further subsection details relevant factors that
apply in determining whether irresponsible supply has occurred. These
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Liquor and Other Acts Amendment Bill 2008
factors focus on the nature of the minor's consumption of alcohol and
specifically the supervision provided by the responsible adult.
Sections 156B and 156C are inserted to introduce a ministerial banning
power in relation to undesirable liquor products. The banning power is
introduced as a social policy instrument to minimise the harm associated
with some types of alcohol products, particularly as they are directed at
young people and minors. The banning power will allow the Minister to
make both interim and permanent orders declaring a particular liquor
product, or class of liquor products, to be undesirable. In deciding whether
to make an interim prohibition order under 156C, the Minister must have
regard to the matters mentioned in section 156B(3), including whether the
product or products are likely to be attractive or have special appeal to
minors or young people, whether the product or products are likely to be
confused with soft drinks or confectionery, or if it is otherwise in the public
interest to make a prohibition. To give effect to an interim order, which
lasts for 42 days, the Minister must publish the order on the department's
web site. Subsection 156B(4) specifies that the Minister must make every
reasonable effort to consult with relevant liquor industry representatives
and manufacturers and distributors of the product or products about a
proposed permanent prohibition under regulation.
Clause 30 amends section 173B by inserting new subsection at
173B(1)(a)(iii) "relevant land prescribed under a regulation; or". This
new subsection includes a new type of land to be considered "certain public
places" for the purpose of prohibiting the consumption of liquor. The
provision will allow for relevant land, defined as "land owned by, or under
the control of, the State or a statutory authority" to be prescribed under
regulation as a public place where liquor must not be consumed. The
purpose of the amendment is to extend the current definition of a public
place in this section: a road, or land owned by, or under the control of, a
local government. An exception to the offence is also inserted to allow
State or statutory authorities to permit public drinking in a place mentioned
in the new subsection.
Clause 31 replaces sections 199 and 200 by omitting reference to `gross
amount paid or payable for liquor', the basis upon which licence fees were
formerly calculated, and the fee period respectively. The new section 199
provides that the period for a licence will be a financial year.
Clause 32 amends section 202 to provide that the licence fee payable for a
licence for the licence period is to be assessed as prescribed under a
regulation.
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Liquor and Other Acts Amendment Bill 2008
Clause 33 omits sections 203 to 207, relating to the former licence fee
assessment process.
Clause 34 amends section 208 to provide for the payment of licence fees.
The licence fee payable for a licence is due on the day prescribed under a
regulation. A new subsection (3) is inserted which allows for a regulation
to detail the consequences of non-payment of a fee and further provides the
licensee with an option to appeal any decision under this section to the
Commercial and Consumer Tribunal.
Clause 35 omits sections 209 to 214 relating to the former licence fee
process, including suspension and cancellation for failure to pay fees,
associated appeals, powers of Tribunal on appeals, reassessment of fee,
liability of reassessed fee in certain cases and discontinuance fee.
Clause 36 amends section 215 to omit reference to refund for a
discontinuance fee.
Clause 37 amends section 215A to omit reference to a supplementary fee.
Clause 38 amends section 217 which provides for records to be kept by
licensee, by omitting references to the requirement for a licensee to
maintain transactions records for the purchase of liquor or the sale or
supply of liquor.
Clause 39 amends section 218 which provides for powers of examination
of investigators, to omit 218(4) and insert a new subsection (4) which
permits inspection of a record or making additions to records in the custody
or control of an investigator by a person who would be entitled to do so,
had the record not been removed.
Clause 40 inserts new sections 219 and 220. Section 219 provides for all
licence fees to be paid into the community investment fund on a monthly
basis. Section 220 provides that the Minister may cause amounts to be paid
out of the community investment fund for alcohol consumption research,
dealing with the social issues arising from alcohol abuse and misuse and
for funding the part of the department through which the Act is
administered.
Clause 41 inserts new sections 224 and 225. Section 224 is inserted to
introduce liquor accords into the legislation as a voluntary harm
minimisation initiative. The intention for the inclusion of accords is to
clarify the purpose and membership of a liquor accord for a locality. The
provision achieves this intention by providing a definition of liquor accords
and their function. Liquor accords are agreements to promote responsible
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Liquor and Other Acts Amendment Bill 2008
service practices at licensed premises and minimise harm and
alcohol-related disturbances.
Section 225 inserts a new section regarding additional time for the
consumption or removal of liquor, which effectively renumbers the current
provisions of section 104 This section clarifies that for licences or permits
that authorise the sale of liquor for consumption on or off the premises, the
consumption or removal of liquor can occur within 30 minutes after the end
of the period during which the sale has been completed, even if this time is
beyond the licence or permit's allowable trading hours.
Clause 42 amends section 235 (regulation making power) by omitting
235(2)(c) and inserting a replacement (c) of `fees, including the refunding
of fees, for this Act'.
Clause 43 inserts a new part 12 division 8.
Division 8 inserts transitional provisions for the Liquor and Other Acts
Amendment Act 2008. Section 288 defines terminology for division 8.
Section 289 provides for existing licences and the applicable new category
of licence to which they will convert following commencement of the
amendments. This section also clarifies that any conditions to which a
licence was subject to prior to commencement of the amendments will
continue to apply to the licence after commencement of the amendments.
Section 290 provides for existing permits and the applicable new category
of permit to which they will convert following commencement of the
amendments. This section also clarifies that any conditions to which a
permit was subject to prior to commencement of the amendments will
continue to apply to the permit after commencement of the amendments.
Section 291 provides for existing extended hours permits that include
trading between 5am and 7am. As trading during these hours will no
longer be authorised after commencement of the amendments, any existing
extended hours permit that includes trading between 5am and 7am, either
on a regular basis or for one occasion, will lapse from 1 January 2009.
Applications for extended hours permits which include trading between
5am and 7am and have not been decided before the commencement are
taken to lapse upon commencement. Section 291(4) clarifies that
compensation is not payable because of the operation of this section.
Section 292 provides for applications for a licence or permit that are not
decided before the commencement of amendments. Such applications
must be decided under the Act as in force before the amendments
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Liquor and Other Acts Amendment Bill 2008
commenced. However, the application is taken to be about the new
applicable licence or permit category as referred to in section 289 or 290.
An application for a restricted club permit for duration of one year made
under the pre-amended Act is taken to be about a community other licence.
Section 293 provides for a nominee for a licence or permit, specifying that
a person who is a nominee for a licence or permit immediately before the
commencement is taken to hold an approval as an approved manager until
30 June 2010, unless the approval is cancelled or surrendered before that
day.
Section 294 provides for training course requirements, specifying that a
member of staff involved in the service or supply of liquor and who does
not hold a current training course certificate is required to be issued with a
training course certificate before 30 June 2010.
Section 295 provides for risk assessed management plan conditions,
clarifying that the conditions about an approved plan provided for in
section 54 do not apply to a person who holds a licence or restricted club
permit of less than one year's duration immediately before the
commencement of amendments. Similarly, the provisions of section 54 to
not apply to a licence or permit holder if an application for a licence or
restricted club permit for a duration of less than one year has not been
decided before the commencement and is subsequently granted by the chief
executive.
Division 3 provides for amendments relating to
approved managers.
Clause 44 amends section 4 by inserting new definitions.
Clause 45 amends section 21 by providing the authority for the Tribunal to
hear appeals relating to the approvals for approved managers. New sections
(ea) `refusal to grant an application for approval as an approved manager'
and (eb) `refusal to renew an approval as an approved manager' and (ec)
`suspension or cancellation of an approval as an approved manager' are
inserted.
Clause 46 inserts a new part 4, division 15 to provide for `approved
managers' which replace the concept of a nominee. Section 104A provides
that while in control of licensed premises or premises to which a permit
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Liquor and Other Acts Amendment Bill 2008
relates, an approved manager is responsible for ensuring that liquor is
supplied or possessed in accordance with the authority of the licence or
permit and if applicable, for ensuring that the conduct of entertainment
under an adult entertainment permit is in accordance with the Act and
conditions of the permit. An approved manager's liability to be punished
for a contravention of the Act does not affect the liability of the licensee or
permittee to be punished for the contravention.
Clause 47 replaces sections 107A and 107B, which provide for additional
restrictions on the grant of licence or permit respectively. The new section
107A provides that the chief executive may grant an application for a
licence made by an individual only if the individual has completed the
licensee's course and approved training course within 3 years before the
day of application is granted.
The new section 107B provides that the chief executive may give written
notice to require an applicant for a permit, other than a restricted area
permit, to undertake the licensee's course and the approved training course
or either course if the chief executive reasonably believes the applicant
should undertake the course or courses, having regard to the nature of the
activity to be conducted under the permit and to minimise harm caused by
alcohol abuse or misuse. An application in such circumstances may only
be granted if the applicant successfully completes the course or courses
stated in the notice.
Clause 48 replaces section 131A, which provides for decisions of the chief
executive on applications to continue trading in certain circumstances, by
omitting references to a `nominee'.
Clause 49 replaces section 132, which provides for the discharge of a
licensee or permittee from obligations under the Act, by omitting
references to a `nominee'.
Clause 50 replaces section 134, which provides for the cancellation,
suspension or variation of permits, by omitting references to a `nominee'.
Clause 51 amends section 141, which provides for the chief executive to
issue an order to close premises for unlawful trading, by omitting
references to a nominee and inserting an `approved manager' in section
141(1). Subsection 141(2), which provided a penalty for contravention of
an order issued under subsection 141(1), is omitted.
Clause 52 inserts a new part 5C (approval as approved manager). Division
1 outlines the process for obtaining approval as a manager. Division 2
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Liquor and Other Acts Amendment Bill 2008
specifies the process for renewal of an approval. Division 3 provides for
lapsed applications and division 4 for the suspension and cancellation of
approvals.
Clause 53 replaces section 149 by omitting the provision for a licensee to
exercise control over premises. A new provision is inserted that states that
a licensee must not without the chief executive's prior approval, knowingly
permit to be employed a person who, because of misconduct or bad
character, has been refused a licence, permit or other authority relating to
the sale and supply of liquor under the Liquor Act or a previous enactment
or under a corresponding law of another State or Territory or has had such a
licence, permit or authority cancelled.
Clause 54 replaces section 149B, which provides for supervising adult
entertainment, by omitting references to a `nominee'.
Clause 55 inserts a new part 6, division 1A, which deals with provisions
binding particular licensees and permittees. Section 155AC provides that
this division applies to licensed premises other than those to which a
community club licence or community other licence relates and premises
to which a permit relates, other than premises to which a community liquor
permit or restricted liquor permit relates, if liquor is served or supplied at
the premises only by volunteers.
A new section 155AD provides for who must be present or reasonably
available when premises are open for business. Section 155AD(2)
provides for a licensee or permittee that is a corporation, to take reasonable
steps to ensure that an approved manager is present or reasonably available
during ordinary trading hours. A licensee or permittee must also take
reasonable steps to ensure that an approved manager is present during
approved extended trading hours at the premises. A maximum penalty of
50 penalty units applies to a breach of section 155AD(2).
Section 155AD(3) provides for a licensee or permittee who is an individual
to be present or reasonably available or take reasonable steps to ensure that
an approved manager is present or reasonably available during ordinary
trading hours. A licensee or permittee must be also present or take
reasonable steps to ensure that an approved manager is present during
approved extended trading hours at the premises. A maximum penalty of
50 penalty units applies to a breach of section 155AD(3).
For the purposes of section 155AD, a licensee, permittee or approved
manager is taken to be `reasonably available' if they are contactable by
each person involved in the service or supply of liquor at the relevant
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Liquor and Other Acts Amendment Bill 2008
premises and the time reasonably needed by the licensee, permittee or
approved manager to travel from any place that they may be present to the
relevant premises is not more than 1 hour.
A new section 155AE(1) provides that a licensee or permittee must keep a
register containing the name of the approved manager, the date, starting
time and finishing time of each shift the approved manager is rostered on
duty and must keep the register available for inspection by an investigator
at the premises. A maximum penalty of 100 penalty units applies to a
breach of section 155AE(1).
Section 155AE(2) provides that a licensee must keep a copy of current
training course certificates and current licensee's course certificates with
the register and make the copies available for inspection by an investigator
at the premises. A maximum penalty of 100 penalty units applies to a
breach of section 155AE(2).
Section 155AE(3) provides that an approved manager must record their
name, date and starting time and sign the register at the beginning of each
shift they are rostered on duty. At the end of each shift, an approved
manager must record the date and finish time and sign the register. A
maximum penalty of 100 penalty units applies to a breach of section
155AE(3).
Section 155AF provides for an exemption from obligation under section
155AD(3). This provision applies if a licensee or permittee who is an
individual, wishes to be absent from the management and supervision of
the business conducted under the authority of the licence or permit for a
period of not longer than 3 months.
A licensee or permittee may apply to the chief executive for an exemption
from the obligation to comply with section 155AD(3) during the relevant
period. The chief executive may grant the application only if satisfied the
licensee or permittee has made reasonable efforts but has been
unsuccessful in engaging one or more approved managers to be present or
reasonably available during the proposed period of absence, liquor will be
supplied or possessed on the premises only in accordance with the
authority of the licence or permit and the risk assessed management plan
for the premises will be complied with.
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Liquor and Other Acts Amendment Bill 2008
Part 3 Amendment of Police Powers
and Responsibilities Act 2000
Clause 56 provides that part 4 amends the Police Powers and
Responsibilities Act 2000 (PPRA).
Clause 57 amends the PPRA to include additional circumstances under
which liquor may be seized.
Section 157(2) is added to section 53 of the PPRA to enable liquor to be
seized from a minor without having to charge them for an offence of
consuming liquor, or being in possession of liquor, on either premises to
which a licence or permit relates or in a public place. Seizure of the liquor
addresses the risk of further harm occurring to the minor.
Section 53 is further amended by subsection 2A to allow seizure of alcohol
in relation to a section 156(2) of the Liquor Act, which provides that a
person must not supply liquor or cause or permit liquor to be supplied to a
minor adjacent to premises to which a licence or permit relates or in a
public place . This amendment is required to enable police to seize liquor
in situations such as a vehicle being driven by an 19 year old carrying
multiple 16 year old passengers and a large quantity of unopened liquor
and police reasonably suspect that the driver has committed, is committing
or is about to commit an offence against section 156(2) and the officer also
reasonably suspects that the liquor is or is likely to contribute to an offence
at any place by the driver or another person. Once the quantity of liquor
has been seized by police it is forfeited and may be disposed of by the
officer in the way the officer considers reasonably necessary to prevent the
commission, continuation or repetition of the offence.
Clause 58 inserts a new section 53A `Seizure of liquor from a minor in
particular circumstances' into the PPRA to support the new irresponsible
supply of liquor offences provided for in section 156A of the Liquor Act.
Section 53A enables police to seize liquor from a minor in a place other
than a place to which a licence or permit relates, if a police officer is
lawfully at the place, finds a minor in possession or control of liquor in
opened or unopened containers and reasonably suspects that the minor is
not being responsibly supervised by a responsible adult for the minor.
Once the quantity of liquor has been seized by police it is forfeited and may
be disposed of by the officer in the way the officer considers reasonably
necessary. To effect this purpose, the officer may continue to stay at the
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Liquor and Other Acts Amendment Bill 2008
place and re-enter the place for the time reasonably necessary to remove
the seized thing.
A new section 53B is also inserted to provide powers of entry to police to
vehicles that are not being used as a dwelling in relation to sections 53 and
53A of the PPRA.
To ensure the appropriate exercise of these powers, the Queensland Police
Service will incorporate directions within a Commissioner's Circular, prior
to their commencement. The directions will be subsequently incorporated
into the QPS Operational Procedures Manual.
Part 4 Amendment of Acts
Clause 59 provides for consequential and other amendments of Acts.
Schedule 1 Consequential and other
amendments of Acts
Cairns Casino Agreement Act 1993
Schedule 1 includes a minor amendment to the Cairns Casino Agreement
Act 1993 to change the applicable liquor licence type.
Charitable and Non-Profit Gaming Act 1999
Schedule 1 includes a minor amendment to the Charitable and Non-Profit
Gaming Act 1999 to reflect the change to the definition of `liquor' under
the Liquor Act.
Gaming Machine Act 1991
Schedule 1 includes minor amendments to the Gaming Machine Act 1991
to address references to liquor licence types and nominees under the Liquor
Act.
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Liquor and Other Acts Amendment Bill 2008
Liquor Act 1992
Schedule 1 includes numerous amendments to the Liquor Act 1992,
including renumbering of particular provisions and replacement of
terminology related to the restructure of licences and permits.
Tobacco and Other Smoking Products Act 1998
Schedule 1 includes amendments to the Tobacco and Other Smoking
Products Act 1998 to update references to liquor licence types.
Schedule 2 Amendments relating to
approved managers
Schedule 2 to the Bill includes amendments relating to approved managers.
© State of Queensland 2008
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