Compliance and the

Responsible

Service of Alcohol

Office of Liquor and Gaming Regulation

Overview

• OLGR Compliance – our purpose and activities

• Tackling Alcohol Fuelled Violence (TAFV)

• Selling Alcohol in QLD

• Licences & Permits

• RSA

• Minors

• Unduly intoxicated and refusal of service

• Guideline 60 – practices and promotions

• Contact us

• Questions

OLGR Compliance Unit

Inspections • Targeted compliance monitoring/enforcement programs.

• They can be both proactive and reactive to complaints received by the OLGR.

Complaint investigationsUsually result from:

• Liquor incident reports from the QPS.

• Referrals from other agencies.

• Complaints from the general public.

***** We are not all about enforcement. We are also about education *****

OLGR Compliance activities

CCTV

Security providers

Fire Safety

Patrons

Other observations

Licence conditions

LIQUOR

COMPLIANCE

CHECKS

Tackling Alcohol-Fuelled Violence Legislation

Amendment Act 2016 for licensees

• On Wednesday 17 February 2016, the Queensland

Government passed the Tackling Alcohol-Fuelled Violence

Legislation Amendment Bill 2015 (the Bill).

• On Friday 4 March 2016, the Bill received Royal Assent by the

Governor and became the Tackling Alcohol-Fuelled Violence

Legislation Amendment Act 2016

• This results in a number of changes to the Liquor Act 1992

that liquor licensees need to be aware of.

TAFV Changes

• New extended trading hours approvals for takeaway alcohol

after 10pm are prohibited.

• Community clubs are allowed to sell takeaway liquor to

signed-in visitors or guests of members or reciprocal members

• Reduced extended trading hours, including changes for safe

night precinct licensees

• Ban on supply of high-alcohol content drinks after 12 midnight

Section 86 - Trading hours

• From 1 July 2016, the service of alcohol will cease at 2am state-wide

• From 1 July 2016, all licensees will have their liquor trading hours

wound back to 2am

• Reduced trading hours do not apply to commercial special facility

licences relating to airports and casinos

• From 1 July 2016, the amendments prohibit approval of extended

trading hours for take away liquor after 10pm

• Licensees with approval until 12am prior to 10 November 2015 will

retain their approval

Division 1B - Rapid intox drinks

• From 4 March 2016 licensees must not sell or supply a rapid intoxication

drink at the premises during the restricted period (ie. between 12am & 5am)

• Although this provision commenced on assent, a Regulation is yet to

prescribe rapid intoxication drink

• Definition – s155AG

A drink that includes liquor is a rapid intoxication drink if—

• (a) it is of a type that facilitates or encourages rapid intoxication because

the drink—

• (i) is designed to be consumed rapidly; or

• (ii) contains a high percentage of alcohol; and

• (b) the type of drink is prescribed by regulation for this section.

Examples of banned rapid intoxication drinks after midnight

Selling alcohol in Queensland• In most cases, you must have a liquor licence or permit to sell or supply

liquor (alcohol) in Queensland.

• There are a number of different licence types available under the Liquor Act.

The different licence types will dictate the conditions of the licence. The Act

only permits one liquor licence to be granted for a premises, or part of a

premises.

• Licensed premises can include land; a building or structure or in land; and a

vehicle, boat, aircraft, train or other means of transport. Although a carpark

may be part of a licensed area, the Commissioner’s approval is required for

its use.

• A liquor licence states where and when you are allowed to serve alcohol.

Different licence types are available to suit different businesses or

community organisations

Liquor and wine licence and permit

applications

• Some common licence types include: Commercial Hotel,

Commercial other (subsidiary on-premises), Nightclub, Community

Club licences.

• Liquor permits can be issued for one-off events.

• If you already hold a Queensland liquor licence and want to change or

extend your licence temporarily, you will need to apply for a permit.

• If you are a non-proprietary organisation that wishes to serve alcohol

temporarily or at a special event you may need to apply for a permit. (Note:

Under certain circumstances you may be exempt from this requirement).

Exemptions can exist for the

following• Small regional shows

• Fundraising events

To determine if you are exempt you will need to complete a questionnaire from

our website.

Examples:

• Will any individual or commercial organisation benefit from the net proceeds

of the sale of liquor?

• Will the event be held at a licensed premises or a premises holding a permit?

• Is the sale of liquor the primary activity of the fundraising event?

• Will liquor be sold at the event more than eight (8) hours?

If you answered ‘yes’ to any of these questions then you would require a liquor

permit.

Community Liquor Permit

• Community liquor permits are often required by unlicensed organisations who

wish to sell or supply liquor on a temporary or one-off occasion. These permits

are often used for school fetes, rodeos and sporting events in Queensland only.

• Organisations that apply for community liquor permits include:

• parent and citizen associations

• non-proprietary clubs

• theatre groups

• not-for-profit organisations.

• BYO (bring your own) alcohol is not permitted in conjunction with a community

liquor permit

**A community liquor permit may only be granted to an individual over the age of

18 on behalf of a non-proprietary club, organisation or association. A person or

commercial operation cannot obtain a permit to make money for themselves.

Private Parties

You do not need a permit to hold a private party

provided:

• liquor is supplied free of charge

• there is no cover charge

• you will not derive a direct or indirect financial

benefit; and

• liquor is not supplied to gain or keep custom or other

commercial advantage.

Responsible Service of Alcohol

RSA is the overarching obligation for the safe and compliant

operation of a liquor licensed venue.

• All staff involved in sale/supply of alcohol should hold a

current training course certificate.

• Depending on the role, staff are required to have either:

- RSA training; or

- Responsible Management of Licensed Venues (RMLV)

training.

• A “Statement of Attainment” certificate does not expire

Minors

A minor is a person who is under 18 years of age

Licensees and staff have legal responsibility to:

• Prevent minors from entering your licensed premises (unless they are

exempted).

• Refuse to sell alcohol to minors.

Penalties and fines exist for:

• Non-exempt minors on site

• Selling alcohol to minors

• Allowing minors to drink alcohol.

• Licensees and staff can be prosecuted and fined up to $11,385 if non-exempt

minors are found on licensed premises.

• Prosecution for supplying alcohol to a minor can result in penalties up to

$28,462 for a licensed or approved manager and $9,108 for a bar attendant or

individual.

Exemptions for minors

It is illegal for minors to be on a licensed premises but the following exemptions may apply to this requirement:

� The minor is a resident of the premises

� The minor is working on the premises to perform duties as an employee of the owner/occupier or is receiving training for employment/work experience.

� The minor is attending a function being held on the premises.

� The premises has a current community club licence/community other licence or restricted liquor permit.

� The minor is eating a meal on the premises or is accompanied by a responsible adult who is responsibly supervising the minor.

Acceptable forms of ID

(ID must be current)

Unduly intoxicated

• Intoxication is the result of the consumption of liquor, drugs

or another intoxicating substance.

A person is considered to be unduly intoxicated if:

• Their speech/balance/coordination or behaviour is noticeably

affected

• There are reasonable grounds for believing the affected

speech, balance, coordination or behaviour is the result of the

consumption of liquor, drugs or another intoxicating

substance

Refusal of service

Liquor licensees and their staff may refuse service to patrons because:

� Law requires it (a minor/unduly intoxicated/disorderly)

� Safety of the patron is in jeopardy (i.e. from the consumption of liquor).

� Safety of others is in jeopardy (i.e. from the consumption of liquor by a particular patron).

� Licensee considers it warranted (provided it is not discriminatory).

Liquor guideline 60 – Unacceptable liquor

practices and promotions in licensed venues

It is illegal for a licensee or permittee to engage in, or allow another person to engage in, an unacceptable practice or promotion in

the conduct of business on a licensed premises.

You have an obligation to ensure alcohol is supplied and promoted in ways that minimise harm and preserve peace and good order

around your premises.

You must maintain a safe environment for patrons and staff of your venue and promote the responsible use of alcohol.

Unacceptable practices

× Encourages irresponsible consumption

× Discourages a patron from

monitoring/controlling liquor consumption

× Has special appeal to children

× Is indecent or offensive

× Uses emotive descriptions

× Provides free drinks/drinks at discount

Acceptable practices

� Non-alcoholic and low alcohol beverages available

� Liquor supplied in standardised quantities that can be

recognised by patrons

� Serving patrons half-measured spirits on request.

� Having drinking water available.

� Have signs which notified staff and

patrons of their legal requirements

and fines for breaking the law.

A Quick Tour Of The OLGR website

• https://www.business.qld.gov.au/industry/liquor-gaming/liquor

Want to know more?

General enquiries 13 QGOV (13 74 68)

www.business.qld.gov.au/industry/liquor-gaming

Licence and permit enquiries -liquorandgaminglicensing@justice.qld.gov.au

Liquor compliance enquiries - liquorcompliance@justice.qld.gov.au

Gaming compliance enquiries -gamingcompliance@justice.qld.gov.au

Follow Us on Facebook and Twitter

www.facebook.com/qldolgr

@OLGRQLD

Questions?