Liquor Reform FAQs

The Bligh Government's Liquor Reform proposals will see Queensland lead the way with one of the most significant alcohol reform programs in Australia. The proposed reforms outline a sensible, streamlined system that encourages continuing growth in Australia's fastest growing hospitality sector, and addresses the critical issue of harm reduction related to the misuse and abuse of alcohol. This is the final stage of public consultation in reviewing Queensland's liquor legislation.

Frequently Asked Questions

Where can I get a copy of the consultation paper?

A copy of the consultation paper can be obtained from the Liquor Licensing Division's website, www.liquor.qld.gov.au by clicking on the link in the what's new section on the home page, or by contacting the Division on (07) 3239 0973 to request a hard copy.

When will the changes take effect?

All submissions will be considered in informing the final policy decisions. Amendments to the Liquor Act will then be drafted for consideration by Parliament later this year.

When does the consultation process finish?

The consultation period concluded on 13 March 2008.

How do I participate?

Consultation on the RIS/DPBT document is now closed.

Fees

Trading Hours

Ministerial Banning Power

Mandatory Training

Manager's Licence

Small Bars Licensing

Public Events and School Fetes

Fees

(Pages 29 - 36, 58 - 63 and 78 - 80)

What is the risk rationale for setting fees?

The operational variables of a licensed premises determine the fee to be paid, in accordance with the risk posed to the community's safety and amenity.  Licensed premises which operate in a way which poses a higher risk, such as trading until 5am, will pay an appropriate fee which covers the cost of administering, managing and regulating the sale and supply of liquor in their community.

How will the fee structure address risks from off-premises consumption?

Liquor for off-premises consumption is purchased mainly from bottle shops.  As large quantities of liquor can be purchased from a bottle shop the risk posed by a hotel licence with a bottle shop is higher than one without a bottle shop.  Under the new fee structure, a hotel licensee will pay a fee for each detached bottle shop on their licence

The imposition of fees for small suburban businesses such as florists that offer limited alcohol sales may result in these businesses ceasing the supply of alcohol in order to avoid a fee.

What consideration is given for location?

Under Option 2, the preferred option, the licence fees restructure does not consider the geographical location of the premises.

When will the first annual fees be payable?

It is proposed that the first annual fees will be payable, in advance, in the 2008/2009 financial year. The exact date will depend on when the legislation passes Parliament.

How will licence transfer settlements be affected?

Fee payment affected by change of licensee or property ownership should be determined by commercial negotiation.

What factors are assessed in setting fees for the different types of premises?

Table 17 on page 64 of the RIS/DPBT document outlines the proposed risk criteria for determining the annual fee for licensed premises.

Table of fees

The new licence application fees are listed in Table 15, (on page 58) and the annual renewal fee scale is outlined in Table 17 (on page 64) of the RIS/DPBT.

In determining an annual licence fee, the appropriate Base Fee should first be determined. From that point, an applicant should consult the rest of the table for risk criteria that might apply to their premises.

For example, a suburban pub with one detached bottle shop would have a Base Fee of $2700.  In addition the detached bottle shop would attract a further fee of $2500.  If trading ceases at midnight, noise does not exceed the levels in the table, meals are available up to one hour prior to closing and there is a positive compliance history, the total fees would be limited to $5200.

Each additional item in the Risk Criteria table below must be examined separately to determine if it is applicable to the licence holder and each applicable item forms a cumulative total in assessing the annual renewal fee.

Fees are also cumulative within some categories.  As trading hours are one of the greatest determinants of risk, premises trading in each trading hour band will have to pay the fee applicable to that band.

For example, if a premises trades between 12am and 3am, the renewal fee of $7500 would apply. If that premises also had a permit to trade between 3am and 5am, an additional renewal fee of $10 000 would also apply. Similarly, the provision of food category must be ascertained for the standard trading hours period, as well as the extended trading hours period.

Table 17 Annual Fees Scale - Risk Criteria

*Because Casinos can trade for 24 hours under the Casino Control Act 1982, a loading has been incorporated in their base fee.

In the above table, how do I know if I need an acoustic report?

Existing licences that do not have a noise condition are not required to obtain an acoustic report. If there is no acoustic report required, then the lowest level noise condition, <75dB(C), will be applied.

For the category Provision of Food (standard trading hours), when is this category considered Not Applicable?

This pertains to businesses providing food and liquor subsidiary to the main business, e.g. hairdressers, cinemas, cultural centres.

For the category Provision of Food, do I have to calculate a fee for both standard trading hours and extended trading hours?

Yes, if you trade beyond the standard trading hours (i.e. after midnight) you will have to determine the fee payable for the standard hours of trading plus the fee payable for the extended hours of trading. If meals are available up to 1 hour prior to closing (e.g. 2am if you close at 3am), then there will be no fee payable for either the standard trading period or the extended trading period.

I manage my premises well and have a positive compliance history.  Why should I have to pay fees like the problem venues?

Premises with a positive compliance history and low risk factors will pay the lowest level of fees.

Trading Hours

(Pages 19 - 25, 49 - 50 and 73 - 75)

What standard trading hours are being proposed?

The preferred option for new standard trading hours is outlined on page 49 of the RIS/DPBT.

Table 10: Trading hours - preferred option

Will cafes in a local mall still be able to serve alcohol to early morning tourists?

No. The sale and supply of liquor prior to 10am will not be permitted except for during legitimate functions which include the service of a meal. Trading hours for this period have been restricted to reduce the cumulative effect of the ready availability of alcohol. The aim of this change is to minimise the potential for harm resulting from the misuse and abuse of liquor.

Will there be a ban on post 3am trading?

Trading 3am to 5am will require a permit. A licensee wanting to trade after 3am will need to demonstrate they can comply with specific requirements for trading during this period in order to be granted a permit. Permits will not require application for renewal, and will be retained subject to the payment of the annual fee and ongoing good compliance behaviour.

Ministerial Banning Power

(Pages 15 - 16, 47 and 70 - 71)

What kinds of products would be banned?

Products that are likely to be banned include novelty products, such as alcoholic iceblocks, alcoholic milk, alcohol vapour and alcoholic products sold in aerosol containers, some of which have a strong appeal to young people and have the ability to increase intoxication at a rapid rate. This would include products packaged in a way that does not allow the consumer to recognise the impact of the beverage (such as the number of standard drinks contained per drink).

Mandatory Training

(Pages 16 - 18, 48 and 71 - 73)

What are the learning outcomes for Responsible Service of Alcohol (RSA) and Responsible Management of Licensed Venue (RMLV) training - what will industry training participants get out of training?

RSA training is designed to teach participants about responsible practices in the service of alcohol and to employ a variety of techniques to prevent intoxication.

RMLV training is designed for nominees and managers of licensed premises. Participants who manage licensed premises are instructed on their responsibilities, learn strategies to assist in responsible management and how to use risk management and self-audit processes to responsibly operate a licensed venue.

Why is it important that staff are trained in RSA?

RSA training is important for staff working in licensed premises as it equips staff with the knowledge and skills to minimise the level of intoxication of patrons.  Staff trained in the responsible service of alcohol are better able to provide a safe environment both in and around the licensed venue.

Manager's Licence

(Pages 26, 51 and 75 - 77)

How will a manager's licence work?

The person responsible for managing the daily operations of the licensed premises will need to acquire a manager's licence. 

If a nominee is responsible for the day-to-day management of the premises they should acquire a manager's licence.  If a nominee cannot be on the licensed premises during trading hours it is appropriate that another employee with a manager's licence should be on duty, and will be accountable for the responsible management of the licensed venue.

In what situation is it necessary to have a licensed manager on premises?

A licensee or nominee who is responsible for the daily operations of licensed premises should hold a manager's licence.  Someone with a manager's licence is required to be on a licensed premise at all times "or be reasonably available".  A manager must be present on any premises which trade after midnight.

I operate a licensed hotel in a small town and have done RSA and RMLV training so would hold a manager's licence under the new system.  I cannot afford to employ a manager for the times when I am not at the hotel.

So long as you are reasonably available, you do not have to be physically present on-site. However, under the preferred Option 2, when the licensed premises is trading after midnight, you or another licensed manager would have to be on the premises after 12am. For standard trading hours where you are not reasonably available, e.g. away on holidays, you would have to have another licensed manager reasonably available.

I have a licensed bar and restaurant. We cater away for a number of functions at the same time. Do I have to have a licenced manager attend each of these functions?

No, not if the functions cease by 12am. It would be considered sufficient that a licensed manager was available at the restaurant premises, and be available to be contacted by staff at the catered functions. If the functions continue past 12am, then those functions would need a licensed manager present at the site of the function.

If I pay the costs for my venue manager to do an RMLV course and obtain a manager's licence, what happens when that manager leaves? Do I have to keep paying these costs every time I employ a new manager?

Initially, it will be up to employers and their management staff to negotiate how the costs are covered for the licensing of managers. However, with manager's licences being portable, it is likely that any subsequent manager employed will already have their manager's licence. It will become a standard qualification held by staff seeking management positions.

Do I have to renew my Manager's Licence every year?

As RSA and RMLV qualifications are current for three years, it is proposed that the Manager's Licence will also remain current for a period of three years. Therefore renewal will occur once every three years.

Small Bars Licensing

What  type of premises would be classified as a small bar?

There are no specifications at this point except that a small bar will have a capacity of less than 60 people.

How much will it cost?

An application for a small bar will cost $1000. Providing the operations are low risk with respect to the annual fees scale, small bars will also have an annual renewal fee of $500.

What measures will be taken to ensure that small bars are meeting the same harm minimisation requirements as larger pubs?

The operations of a small bar will be assessed according to the same risk criteria as hotels.  Requirements for RSA and RMLV training of staff will be standard across all licence types.  Small bars will have to comply with all the relevant sections of the Liquor Act in the same way as other licence types do.

Public Events and School fetes

Will volunteers need to complete training?

Volunteers will need to complete RSA training, a requirement which has been in place in New South Wales for several years. Feedback from the New South Wales Office of Liquor, Racing and Gaming, is that at first, small clubs and voluntary associations considered RSA training to be a significant imposition. However, upon completing the course, most participants acknowledged they were not fully aware of their risk exposure or of their obligations, powers and responsibilities under the law.  This in turn has led to organisations recognising its benefits with additional members voluntarily undertaking to complete the training.

Last updated 28 March 2008.

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