Overview of Safe Night Out Strategy for liquor licensees

Transcription

1 Overview of Safe Night Out Strategy for liquor licensees The Queensland Government's Safe Night Out Strategy is a plan to stamp out alcohol- and drugrelated violence and ensure Queensland's nightlife is safe for everyone. On Tuesday 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 was passed by the Queensland Government. This has resulted in a number of changes to the Liquor Act 1992 that liquor licensees need to be aware of. These include: establishing Safe Night Precincts in key entertainment areas across Queensland changes to liquor licences and permits use of ID scanners in certain licensed venues improved liquor licensing compliance arrangements. This guide provides an overview of changes to the Liquor Act 1992 and how they affect Queensland liquor licensees. Safe Night Precincts Under the Queensland Government's Safe Night Out Strategy, Safe Night Precincts will be established to ensure effective local management of key entertainment areas. Safe Night Precincts will be managed by local boards operating as incorporated associations. Licensees within a Safe Night Precinct will be required to become a member of the local board. Once a local board is formed for a Safe Night Precinct, those licensees who are required to become a member of the local board will receive a written notice from the Commissioner for Liquor and Gaming. A licensee will have 28 days to comply with this requirement. Note: An exemption from this requirement will apply for some licensees. The government is currently considering the scope of these exemptions and they will be prescribed at a later date through an amendment to the Liquor Regulation Safe Night Precincts have been identified in the following areas: Airlie Beach Broadbeach CBD Bundaberg CBD Brisbane CBD Caxton Street, Brisbane Cairns CBD Fortitude Valley Gladstone CBD 1/10

2 Ipswich CBD Mackay CBD Rockhampton CBD the Sunshine Coast Surfers Paradise Toowoomba CBD Townsville CBD. View maps of the Safe Night Precincts. Changes to liquor licences and permits Existing and new liquor licensees and permittees in Queensland need to be aware of the following changes to licensing arrangements under the Liquor Act Changes to adult entertainment permit From 6 June 2014, any applications for a new adult entertainment permit (AEP) cannot be accepted by the Office of Liquor and Gaming Regulation (OLGR) unless they are accompanied by consent from the local council. (Note: Evidence of town planning approval for the premises is not consent from council.) This change applies to both one-off permits and 3 year permits. This requirement applies to applications for new premises or subsequent AEP applications where an AEP has not been held at the proposed premises for more than 30 days. Existing AEP holders who apply for a subsequent AEP prior to the expiry of their existing permit do not need to provide this consent. Changes to restaurant and café licences Trading hours Ordinary trading hours for these licences will remain at 10am to 12 midnight, Monday to Sunday, unless otherwise restricted. However, from 1 July 2015, extended trading hours for new applications for restaurant and café licences, and any new applications for approval of extended trading hours for these existing licences, will be limited to 1am. Existing licences of these types, with current approved trading hours beyond this time, will automatically be reduced on 1 July Additional annual fees will still be payable for the period of 12 midnight to 1am; however, these will be at a reduced rate compared to the amount payable by licensees permitted to trade to 3am. 2/10

3 Principal activity From 1 July 2015, more stringent requirements will apply to ensure licensees maintain the principal activity of the provision of meals or prepared food at premises covered by a restaurant or café licence. From this date, the principal activity of the provision of meals or prepared food, as required by the licence, must be demonstrated on a daily basis. This means that the majority of patrons who attend the premises during a day will consume a meal, the majority of the premises will be set up for dining, the kitchen will be open up to 1 hour prior to closing the premises and there will be enough staff at the premises to prepare and serve meals as required. New nightclub licence From 1 July 2015, a new nightclub licence will replace the previous commercial other subsidiary onpremises licence (with the principal activity of entertainment). Updating existing licences Any licensees who currently hold a commercial other subsidiary on-premises licence (with the principal activity of entertainment) will automatically be changed to the new nightclub licence with the same approved trading hours and conditions. OLGR will send an updated licence document to the premises in due course. Any applications currently lodged with OLGR for the previous licence type will be automatically considered as an application for the new nightclub licence. This new licence type requires toilet facilities to be located on the licensed premises. Principal activity The principal activity of the new nightclub licence remains the 'provision of entertainment'. Expiry of permanent extended trading hours moratorium On 31 August 2014, the moratorium on applications for approved permanent extended trading hours after 12 midnight expired. This moratorium has been in place since September If you applied for permanent extended trading hours before the moratorium period, your application will lapse and your application fee/s will be refunded. From 1 September 2014, OLGR will accept new applications for trading beyond 12 midnight. To reapply for permanent extended trading hours past 12 midnight, please lodge a new application form, supporting documentation and application fee with OLGR. Note: Fees changed on 1 July Once lodged, applications will be subject to the usual process, which includes stakeholder comment and advertising the proposal to the public for comment. New licence conditions and licence variations The Commissioner for Liquor and Gaming may impose new conditions, or amend existing conditions or revoke a condition to either ensure compliance with the Liquor Act 1992 or to minimise alcoholrelated disturbances or public disorder in an area. Likewise, the Commissioner may seek a similar variation to each licence of a particular class for licensed premises in a particular Safe Night Precinct, restricted or other area. 3/10

4 The Commissioner may also impose conditions on a licence or permit relating to ID scanner requirements. Use of ID scanners in licensed venues One of the key legislative changes from the Queensland Government's Safe Night Out Strategy is the development of Safe Night Precincts across Queensland. Licensees authorised to operate in Safe Night Precincts after midnight will be required to use networked ID scanners (unless their licence category is considered 'low-risk' or their licence is of an exempt class). The Commissioner for Liquor and Gaming may also require venues operating outside of Safe Night Precincts to use ID scanners (if appropriate). Other licensees operating outside Safe Night Precincts will have the option of using ID scanners in their venues. In order to make sure that the technical specifications and privacy issues associated with this initiative are addressed, it is expected the networked ID scanners will be fully operational by 1 July Licensees and manufacturers of identification scanning and storage equipment should refer to the identification scanning systems minimum technical requirements. Banning notices and orders The existing civil banning order provisions of the Liquor Act 1992 are now repealed and new banning provisions under the legislation administered by the Queensland Police Service take effect. The police will have a new power to ban an individual from licensed premises, a Safe Night Precinct or other defined area, or an event held in a public place, if the person has behaved in a disorderly, offensive, threatening or violent way. It is important to note that a person does not need to be charged with an offence before they can be given a banning notice. Information about a person's ban (either a police banning notice, a court banning order or a special bail condition) will be linked into networked ID scanners in licensed venues to enhance enforcement. 4/10

5 Changes to Liquor Act definitions On Tuesday 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 was passed by the Queensland Government. This resulted in a number of amendments to the Liquor Act 1992, including amendments to the definitions of 'unduly intoxicated' and 'unreasonable noise', and the compliance obligations of licensees in relation to these. Definition of 'unduly intoxicated' The definition of 'unduly intoxicated' is now clarified. Intoxication can now be the result of the consumption of liquor, drugs or another intoxicating substance. The definition has also been clarified in terms of the indication of undue intoxication. A person is now considered unduly intoxicated if: the person's speech, balance, coordination or behaviour is noticeably affected; and 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. At all times licensees and staff must follow the existing requirements to not serve, supply to or allow the consumption of alcohol by an unduly intoxicated or disorderly person. Definition of 'unreasonable noise' Under the Act, unreasonable noise now means noise that: exceeds the limits (if any) prescribed by regulation; or contravenes a compliance order that applies to the premises; or contravenes a condition that applies to the licence or permit for the premises. Unreasonable noise on licensed premises On Tuesday 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 was passed by the Queensland Government. This resulted in a number of changes to the Liquor Act 1992, including how abatement notices and compliance orders are issued to licensees in relation to 'unreasonable noise'. Abatement notice for nuisance or dangerous activity (section 5/10

6 187) Section 187 of the Act has been amended to allow an abatement notice to be issued by an investigator (to the licensee, permittee, or a person who appears to be in charge of the premises) if unreasonable noise is produced at a licensed premises. The notice may require the person to reduce the noise to a level that is no longer unreasonable. The notice may also state specific action/s that must be taken by the person and must provide a time frame for the completion of this action (up to 3 months). The notice may remain in effect for a period of up to 3 months, unless extended by way of further written notice by the Commissioner. The issuing of an abatement notice does not stop any other action being taken under the Act in relation to the matter that is subject. It is an offence not to comply with an abatement notice. The maximum penalty is 100 penalty units (monetary value of $11,385). Compliance orders for unreasonable noise (sections 46 and 46A) Sections 46 and 46A of the Act have been amended to allow the Commissioner to issue an order to a licensee, permittee, freehold owner or interested party requiring them to take action to stop or prevent unreasonable noise coming from a licensed premises that has been subject to an abatement order within the preceding 12 months. An order may require the recipient stop all specified noise coming from the premises, as well as undertake other action such as providing an acoustic report or implementing measures to stop unreasonable noise coming from the premises. The order may remain in effect for up to 6 months, unless the Commissioner provides a further notice extending its effect. The Commissioner may require a person to stop all specified noise coming from the premises until the person demonstrates to the Commissioner that the noise can be permanently limited to reasonable noise. The issuing of an order does not stop any other action being taken under the Act in relation to matter, such as the issuing of a further abatement notice, or varying a licence or permit, taking disciplinary action or starting proceedings for an offence against this Act. It is an offence not to comply with an order. The maximum penalty is 100 penalty units (monetary value of $11,385). If a person who was issued an order under this section fails to comply with the order, the Commissioner may start proceedings in a Magistrates Court in relation to the failure without further notice being provided to the person. It is important to note that the legislation changes define premises to include an area containing plant and equipment that is not part of the premises but is used for the benefit of the premises. 6/10

7 Share on facebook Share on twitter Share on google_plusone_share Share on Changes to risk-assessed management plans (RAMPs) Print this page On Tuesday 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 was passed by the Queensland Government. This resulted in a number of amendments to the Liquor Act 1992, including changes to the requirements for risk-assessed management plans (RAMPs). In certain situations the Commissioner for Liquor and Gaming may now direct a licensee or permittee to change their RAMP. The Commissioner will provide the licensee or permittee with a written notice that explains: the required changes to the RAMP the reasons for these changes when the amended plan must be provided to the Commissioner. The licensee or permittee must comply with the direction, otherwise they commit an offence. The maximum penalty is 25 penalty units (monetary value of $2,846). Print this page Last reviewed September 5, 2014 Liquor licensees and use of CCTV On Tuesday 26 August 2014, the Safe Night Out Legislation Amendment Bill 2014 was passed by the Queensland Government. This resulted in a number of amendments to the Liquor Act On a date to be confirmed, new obligations will exist for licensees that must operate CCTV at licensed premises, including: licensees who trade after 1am within the Brisbane City Council area 7/10

8 licensees who have a specific condition on their licence. The purpose of the new obligations is to ensure licensees comply with any requirements prescribed by the Liquor Regulation 2002 about maintaining the CCTV equipment. The new obligations also require licensees to store CCTV recordings in a secure manner and keep each recording available for inspection by an investigator (i.e. Office of Liquor and Gaming Regulation investigator or police officer). In addition, a licensee can no longer destroy a CCTV recording that has previously been provided to an investigator until the investigator provides written notice to the licensee advising them that the recording is 'viewable'. Responsible service, supply and promotion of liquor and 'preserving amenity' On a date to be confirmed, important requirements relating to maintaining a safe environment, ensuring liquor is served, supplied and promoted in a way that minimises harm, and preserving the amenity of an area will be amended and reformed into a new section of the Liquor Act Note: Sections 148A and 148B of the Liquor Act 1992 cover these issues until new sections 142ZZ, 142ZZA, 142ZZB, 142ZZC and 142ZZD are in place. Unacceptable practices and promotions Under a new section of the Liquor Act 1992 (section 142ZZ), a licensee or permittee must not engage in, or allow another person to engage in, an unacceptable practice or promotion in the conduct of business on the licensed premises. Note: The Commissioner for Liquor and Gaming will issue a guideline providing examples of unacceptable practices and promotions to help licensees and permittees comply with these requirements. Under a new section of the Liquor Act 1992 (section 142ZZA), licensees and permittees must engage in practices or promotions that encourage the responsible consumption of liquor. For example, this may include: having non-alcohol and low alcohol beverages available supplying alcohol in standard quantities recognised by patrons. Providing a safe environment and 'preserving amenity' Under a new section of the Liquor Act 1992 (section 142ZZB), a licensee or permittee must provide and maintain a safe environment in and around the premises and take all reasonable steps to ensure: use of the premises does not adversely affect the amenity of the nearby area behaviour of persons entering or leaving the premises does not adversely affect the amenity of the nearby area 8/10

9 relevant offences in or around the premises are prevented where the licensee or permittee knows or has reason to believe the offence is being or about to be committed. A 'relevant offence' is one that may be reasonably expected to have an adverse impact on the health and safety of a person in or around the premises or the amenity of the area in which the premises are located. The new requirements relating to preserving amenity and preventing the commission of offences clearly state that a licensee is to take 'reasonable steps', requiring a licensee to act in a manner that would be considered 'reasonable' in ensuring the local area is not disturbed and to prevent offences from occurring. Note: The Commissioner for Liquor and Gaming will issue a guideline on these requirements to help licensees comply with their responsibilities. Liquor advertising Under a new section of the Liquor Act 1992 (section 142ZZC), a licensee or permittee is prohibited from advertising, or allowing anyone to advertise, a range of matters, including free liquor, discounted liquor or the sale price of liquor for consumption on premises (restaurants and cafés excepted). The previous provision meant that licensees or permittees could not cause the prohibited advertising to occur; however, the new provisions extend to prevent a licensee or permittee from allowing anyone else to engage in prohibited advertising for the licensee's premises. Compliance notices Under a new section of the Liquor Act 1992 (section 142ZZD), the Commissioner may issue a compliance notice stating that the licensee or permittee must not engage, or continue to engage, in an unacceptable practice or promotion in contravention of the new section or that is contrary to the public interest. Under a new section of the Liquor Act 1992 (section 142ZZC), the Commissioner may issue a compliance notice about any advertising that contravenes the new section or is contrary to the public interest. Note: The Commissioner will issue a guideline about practices, promotions or advertisements that may be considered contrary to the public interest.the licensee or permittee must comply with the compliance notice, otherwise they commit an offence. The maximum penalty is 100 penalty units (monetary value of $11,385). Penalty increases for patrons of licensed premises The Queensland Government's Safe Night Out Strategy is a plan to stamp out alcohol- and drug- 9/10

10 related violence and ensure Queensland's nightlife is safe for everyone. The strategy has resulted in a number of changes to the Liquor Act 1992 that liquor licensees need to be aware of. This includes penalties related to patrons of licensed premises. The penalties have been increased for individuals: who refuse or resist removal from a licensed premises if required by an authorised person who try to enter a licensed premises after being refused entry or resist an authorised person who is preventing entry. For both of these offences, the maximum penalty has been doubled to 50 penalty units (monetary value of $5,692.50). On-the-spot fines for these offences have increased from $455 to $569. Note: An 'authorised person' includes a licensee or permittee, and any employee or agent of the licensee or permittee, such as managers, bar staff or security guards. 10/10