SLIDE 1 LIQUOR LICENSING ACT UPDATE SUMMARY There have been some very substantial amendments to the Liquor Licencing Act that came into effect on the 18th of December 2017. The amendments effect all Licensed premises and how they operate their business pursuant to their Licence. The major changes related to;
- Reduction of restriction on New Year’s, Sundays and Holidays;
- Entertainment Consent;
- Temporary Approval of Responsible Persons;
- Increase in the regulation of Supply to Minors;
- Abolition of some Licensed Premises to provide meals; and
- Removal of Areas such as Designated Dining, Reception and Sampling.
Additionally, the categories of Licences have been overhauled to provide more updated & relevant conditions that apply to any particular Licence. The previously known “Hotel Licence” is to become a “General and Hotel Licence”. The previously known “Special Circumstances Licence” may become a “General and Hotel Licence”, “Packaged Liquor Sales Licence” or an “On Premises Licence” depending on the nature and condition of the current Special Circumstances Licence. The Commissioner, Dini Sulio, advised that after the New Year their office began the enormous task of re-classifying and re-issuing existing Licences pursuant to the new categories. They expect this process will take approximately 6 months. All existing Licencees should then expect to receive from them a copy of their new Licence some time between July and December 2018. There will be ancillary changes to those new Licences in line with other changes to the Act. For example in relation to Entertainment Consent. The existing trading hours and other conditions should not be detrimentally effected. The Licencee and/or the Commissioner has 2 years within which to make Applications with respect to variations to trading hours and other conditions.
SLIDE 2 It is important that Licensees carefully review the new Licence. While it is not the intention of the Commissioner’s Office, there may be some incidental or accidental changes that are inconsistent with the current approvals or conditions. CLASSES OF LICENSES Section 22 – Part 3 Division 2 I will refer to the attached amending Act and go through the changes to the classes
The new Licenses have been reclassified as – (a) general and hotel licence; (b)
(c) residential licence; (d) restaurant and catering licence; (e) club licence; (f) packaged liquor sales licence; (g) liquor production and sales licence; (h) small venue licence. There will also be a class of temporary licence known as a short term licence How they replace the old licences can be seen in the below table; Old Part 3 Division 2 licence New Part 3 Division 2 licence Hotel licence General and hotel licence Residential licence Residential licence Restaurant licence Restaurant and catering licence Entertainment venue licence On premises licence Club licence Limited club licence Club licence Retail liquor merchant's licence Direct sales licence Packaged liquor sales licence
SLIDE 3 A special circumstances licence under old Part 3 Division 2 will, on the relevant day, be taken to be (a) in a case where the licensee also holds a gaming machine licence in respect of the premises to which the special circumstances licence relates—a general and hotel licence under new Part 3 Division 2; or (b) in the case of a special circumstances licence that authorises the sale
- f liquor on the licensed premises for consumption off the licensed
premises—a packaged liquor sales licence under new Part 3 Division 2; or (c) in any other case—an on premises licence under new Part 3 Division 2. Despite the above, the Commissioner may, on the Commissioner's own initiative or
- n application by the licensee, issue the holder of a special circumstances licence
under old Part 3 Division 2 a licence of a class under new Part 3 Division 2 that the Commissioner considers appropriate taking into account the trade authorised under the licence. GRANT OF NEW LICENCES The criteria for the grant of certain new licences has been vastly relaxed. Section 36 – New 53A replaces the old needs test with a community interest test for “designated Applications” Designated is either a Designated Licence or and application that the Commissioner feels should comply with community assessment guidelines. Designated Licences are: (a) a general and hotel licence; or (b) an on premises licence, unless— (i) the premises to which the proposed licence relates is a public conveyance; or (ii) the licence is, or is proposed to be, subject to a condition that the business conducted at the licensed premises be such that at all times the primary Wholesale liquor merchant's licence Producer's licence Liquor production and sales licence Small venue licence Small venue licence Old Part 3 Division 2 licence New Part 3 Division 2 licence
SLIDE 4 service provided to the public at the premises is the provision of accommodation;
(c) a club licence, if (i) the licence is, or is proposed to be, subject to a condition authorising (A) the sale of liquor to persons (other than a resident) for consumption off the licensed premises; or (B) the sale of liquor after 2 am on any day; or (ii) in the opinion of the licensing authority, the business conducted under the licence and activities on the premises or proposed premises will have a substantial adverse impact on the amenity of the locality in which those premises are, or are to be, situated, taking into account— (A) the size of the premises or proposed premises; and (B) the trading hours or proposed trading hours under the licence; and (C) any other matter the licensing authority considers relevant;
(d) a packaged liquor sales licence, other than if the licence is, or is proposed to be, subject to a condition authorising the licensee to only sell liquor through direct sales transactions; The new criteria focus on community interest, clarified as follows: Section 36—Insertion of sections 53A and 53B The licensing authority may only grant a designated application if the licensing authority is satisfied that granting the designated application is in the community interest. Without limiting the above, in determining whether or not a designated application is in the community interest, the licensing authority— (a) must have regard to— (i) the harm that might be caused (whether to a community as a whole or a group within a community) due to the excessive
- r inappropriate consumption of liquor; and
(ii) the cultural, recreational, employment or tourism impacts; and (iii) the social impact in, and the impact on the amenity of, the locality of the premises or proposed premises; and (iv) any other prescribed matter; and
SLIDE 5
(b) must apply the community impact assessment guidelines. The applicant in respect of a designated application must comply with any requirements set out in the community impact assessment guidelines, and any other requirements specified by the licensing authority for the purposes of this section. The Community Impact Assessment guidelines are provided for in the new section 53B The Commissioner must, by notice in the Gazette, publish guidelines for the purposes of determining— (a) whether or not an application is a designated application for the purposes of section 53A; and (b ) whether or not a designated application is in the community interest, (the community impact assessment guidelines). The Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section. Without limiting section 53A(1) or (2)(a), the community impact assessment guidelines may provide for— (a) matters relevant to an assessment of the likely impacts of a designated application on a community; and (b) any other matter considered appropriate by the Commissioner. The community impact assessment guidelines may set out requirements that apply to a designated application for the purposes of section 53A, including requirements that the applicant— (a) provide documents, material or other information; and (b) take certain steps or undertake consultation in accordance with the guidelines. The provisions of the community impact assessment guidelines may be of general, limited or varied application according to— (a) the class of designated application or licence; or (b) the circumstances; or (c) any other specified factor, to which the provision is expressed to apply.
SLIDE 6 MINORS Section 72 – New Section 110A Off Licenced premises consumption The law has changed, with stronger penalties for people who illegally supply alcohol to anyone under 18. Big parties and events will be targeted, where large groups of teenagers are supplied with alcohol. The focus will be organised events, which is any event with an entry fee. Parents and caregivers can still allow their underage teen to drink at a range of locations, so long as there is responsible supervision. The penalties that apply range from $2,500.00 to $10,000.00 although there is an
- ption for a much smaller expiation fee of $500.00.
It is worth noting that not only the supplier is guilty of an offence, but the minor is also. On Licensed Premises Consumption There has been additional tightening up of minors on licensed premises, including
- ut of bounds areas, restrictions on entry, removal and refusal of entry, evidence of
age and seizure of age documents. Amendments to Section 111,112 and 115 and new 115A and 116 deal with the above restrictions. Similar penalties apply, with the addition of a $20,000.00 fine for subsequent
TRADING HOURS
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Section 24 – New 42A and 43 Hotel, club and special circumstances licences Holders of hotel, club and special circumstances licences have more flexibility in trading hours on Sundays without needing extended trading authorisation:
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hotel licence: consumption on premises 8am - 12 midnight and consumption off premises 8am - 9pm
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club licence: consumption on premises 8am - 12 midnight
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special circumstances licence: consumption on or off premises 8am -12 midnight. Trading hours for Monday to Saturday remain the same. Trading extensions occurred automatically on 18 December and apply to all existing liquor licences. Licensed premises must still follow the conditions of their development approval, and any conditions or approvals made under other legislation. ENTERTAINMENT CONSENT Section 66 and Part 4 – Section 105 Licensed venues no longer need consent from Consumer and Business Services to host a range of entertainment, including music and comedy. Consent is still required for prescribed entertainment such as boxing, martial arts and sexually explicit entertainment. Licence-holders can disregard conditions of their liquor licence, including conditions that:
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restrict the number of live music performers
SLIDE 8
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limit the locations where entertainment can occur, including the placement of loudspeakers (eg balconies and outdoor areas)
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limit the times when live musicians and DJs can perform
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limit the types of music that musicians and DJs can perform
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disallow nightclubs, discos and rock band venues (and related advertising)
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refer to Karaoke
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place a decibel limit on noise. Conditions that were set before 18 December 2017 due to a noise complaint no longer apply. Conditions and approvals imposed on licensed premises by other Acts, such as approvals under the Development Act 1993, will not be affected by the changes and will continue to apply. In addition, licence holders must continue to obey the Codes of Practice, such as the Late Night Trading Code of Practice and the General Code of Practice. This includes taking reasonable steps to prevent undue noise and disturbance to people who live and work in the area, and taking steps to ensure public order and safety. OTHER EXEMPTIONS AND CHANGES Responsible Persons Temporary approval of a responsible person is now available for up to 6 months, while the employee undertakes the responsible person vetting process. This allows employees to start work faster, without businesses needing to wait for approval. Applications to become a responsible person remain the same, with temporary approval being granted once the relevant forms have been lodged. Individuals can now also apply to become a responsible person, while previously applications could only be made by the licensee employing the person.
SLIDE 9
The Liquor and Gambling Commissioner can revoke approval of a responsible person at any time. Licence-holders can search whether a responsible person is approved, temporarily approved or revoked on the Consumer and Business Services website. Low Risk Business Low-risk businesses no longer require a liquor licence to give their clients a drink. Exempt businesses can sell or supply liquor without a licence in certain circumstances, including:
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hairdressers and barbers
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cruise ships
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retirement villages
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businesses selling gifts
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jewellers
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patient care accommodation. The current licence exemption for bed and breakfast style accommodation has also been extended. For example, bed and breakfasts with a capacity of up to 16 guests can now supply alcohol without a licence under certain conditions, while previously this was limited to 8 guests. Other A number of other measures also came into effect on 18 December 2017:
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abolishing the requirement for some licensed businesses to provide meals at the request of a member of the public or a lodger
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removal of designated dining areas, reception areas and sampling areas
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removal of most notification and advertising requirements that currently apply to licence applications
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administrative changes to simplify the appointment of inspectors, clarify definitions and allow the Liquor and Gambling Commissioner to publish determinations and exclude information where appropriate
SLIDE 10 ABOLITION OF THE RIGHT TO OBJECTIONS TO APPLICATIONS Section 56 – New Part 4 – Division 13 – Section 76 The right to “object” to an application has largely been replaced with the ability to lodge a submission which the Commissioner may or may not rely upon in the determination of an Application for a new Licence of any other relevant application pursuant to the act. The right to make such a submission is further defined in the new Section 77, together with a conciliatory process rather than the matter having to be determined by the Court, as it was in the past where an objector refused to with draw an
- bjection. This is further dealt with in the new Section 78-82.
Should the Commissioner determine it appropriate in the circumstances, then the Commissioner may refer to the matter to the Court for determination. This has been a summary of the more significant changes in the amending Act, although there are numerous incidental amendments that may need to be dealt with in a later paper
