Liquor Act 1992 – 9 December 2016
Liquor Act 1992 – 9 December 2016
Liquor (Approval of Adult Entertainment Code) Regulation 2002 – 1 January 2013
Liquor Regulation 2002 – 9 December 2016
Quick to view summary
A person or corporation may apply in the approved form (with requisite supporting documentation) for a financial year licence to sell or supply liquor as part of conducting a business on premises. The available licences are listed in section 58 of the Act. Generally only 1 type of licence may be held per premises. An individual must have successfully completed the licensee’s course as a pre-requisite to their application. Advertising is normally a requirement of the application process. This Act may not apply to the sale of liquor by an eligible entity at a fundraising event or to the sale of liquor forming part of a raffle. Other exemptions to the Act may also apply – see section 14B of the Act. Note: In some instances permits are required and these are listed in section 100 of the Act. Some examples of permits that may be applied for include a commercial public event permit, adult entertainment permit and craft beer producer permit.
- Sections 3A, 4, 13, 14, 14AB, 14B, 14C, 58, 58A, 59, 60, 61, 63, 64, 65, 66, 67, 67A, 67B, 67C, 67E, 68, 69, 70, 70A, 71, 71A, 71B, 71C, 72, 73, 75, 76, 77, 78, 79, 80, 81, 82, 83, 83A, 83B, 83C, 83D, 103W, 105, 105A, 105B, 106, 107, 107A, 107C, 107CA, 108, 116, 118, 119, 128, 143, 145, 149, 152, 154, 173EE, 173EF, 173EG, 173EH, 173EQ, 200, 202, 203, 208, 217, 225, 226, Schedule; Regulations 4, 5, 25, 25A, 27, 31, 36, 36E, 36F, 36G, 38, 39 of the Liquor Regulation 2002
The ordinary trading hours of licenced premises is normally from 10am and midnight (exceptions apply).
- Sections 9, 10, 10A
An owner, lessee or mortgagee of licenced premises and a secured creditor of a licensee are to provide particulars to the government within 28 days of acquiring or disposing of an interest. A licensee that is a corporation is to provide written notice to the government of every change in beneficial ownership of the controlling interest in the corporation within 14 days of the change.
- Sections 44A, 150
The Commissioner may issue an order to a person having an interest in licensed premises to alter the premises, increase or decrease the size of the premises, comply with noise laws, etc.
- Sections 46, 46A
An applicant for a licence or a licensee may apply to the government for extended trading hours approval. If granted, the approval is endorsed on the liquor licence.
- Sections 84, 85, 86, 87, 110, 116, 118, 173O; Regulation 42 of the Liquor Regulation 2002
After a glassing incident, the government may classify a place high risk which has the effect of banning glass at the premises.
- Sections 96, 97, 99B, 99C, 99F
A licence (together with any extended trading hours approval) may be transferred via an application process. On transfer of the licence, the new licensee is subject to licence obligations that have not been complied with. If the transfer is allowed, the approval is to be endorsed on the liquor licence.
- Sections 113, 113A, 115, 126, 132, 137E
The government may order a licenced premises to be closed where the safety or health of members of the public is endangered or prejudiced.
- Section 140
It is a condition of a licensee’s licence that each of the following persons must have a current training course certificate: the licensee (individual) and staff of the licensed premises involved in the service or supply of liquor at the premises.
- Sections 4, 141B, 141C
It is generally a condition of a liquor licence for a Brisbane premise that a crowd controller is to be engaged in maintaining order in and around the premise after 11pm and for at least 1 hour after closing. In addition, closed-circuit television must generally be installed at each entrance and exit of the premises and an incident register kept. Another condition is that drinking games are prohibited.
- Sections 4, 142AD, 142AE, 142AG, 142AH, 142AI, 142AJ, 142AK, 142ZX, 142ZZ, 142ZZA, 142ZZC, 142ZZD; Regulations 37C, 37D, 37DA, 37DB, 37E, 37H, 42 of the Liquor Regulation 2002
A licensee must not advertise outside the relevant premises the availability of free liquor, 2 drinks for the price of 1, the sale price of liquor for consumption, or a promotion that is likely to indicate to an ordinary person the availability of liquor at a price less than that normally charged for the liquor.
- Sections 142ZY, 142ZZC, 142ZZD
A person may apply in the approved form to the government for approval as a trainer for the licensee’s course. If an approval is granted, the approval remains in force for a period of not more than 3 years.
- Sections 142B, 142C, 142D
A person may apply in the approved form to be an approved manager of a licenced premises or premises to which a permit relates. An approved manager is responsible for ensuring liquor is supplied or possessed on the premises only in accordance with the authority conferred by the licence or permit. If approval is granted, the approval remains in force for 5 years.
- Sections 142Q, 142R, 142S, 155AC, 155AD, 155AF
An adult may apply in the approved form to the government for approval to be a adult entertainment controller. If granted, an approval remains in force for a period of 5 years.
- Sections 142ZG, 142ZH, 142ZK, 142ZL, 317
A licensee or permittee for licensed premises or premises to which a permit relates must not, during the restricted period, sell or supply a rapid intoxication drink at the premises. An exemption may be applied for pursuant to section 155AJ of the Act. For the definition of ‘rapid intoxication drink’, refer to section 155AG of the Act and regulation 41B of the Liquor Regulation 2002. For the definition of ‘restricted period’, refer to section 155AH of the Act.
- Sections 143B, 155AG, 155AH, 155AI, 155AJ, 155AK, 155AL, 155AM, 155AN; Regulation 41B
A licensee must not change the business name of the licensed premises without the government’s prior approval. In addition, a licensee must not change the principal activity of a business conducted under a licence without approval. Further restrictions also apply in relation to letting or subletting the premises or entering into a franchise or management agreement for the premises. Approval is also required for altering, rebuilding, changing or increasing the area of the licenced premises.
- Sections 144, 152A, 153, 154; Regulation 21 of the Liquor Regulation 2002
A licensee, permittee or person in control of the premises to which a licence or permit relates (and an employee/agent) must ensure that a minor is not on the premises. However, there are a number of exceptions which can apply. A major exception before 5pm is where a minor is eating a meal on the premises or is accompanied by a responsible adult who is responsibly supervising the minor. Note: Pursuant to section 155AA of the Act, a minor must not be in an area where adult entertainment is being provided.
- Sections 5, 155, 155AA, 157
A person must not sell or supply liquor to a minor. Note: There is an exception for supply at a private place by a responsible adult exercising responsible supervision.
- Sections 5, 155A, 156, 156A, 157
A person must not supply liquor to a person who is unduly intoxicated or disorderly. If a person is in such a state, they may be directed to leave licenced premises or premises to which a permit relates. If the person does not leave when required, the licensee or permittee (or employee/agent) may use necessary and reasonable force to remove the person. For when a person may be unduly intoxicated, refer to section 9A of the Act.
- Sections 4, 9A, 156, 165
A person must not be drunk or disorderly or create a disturbance in premises to which a licence or a permit relates.
- Section 164
A person may be refused entry to a licenced premises or a premises to which a permit relates if the person is unduly intoxicated or disorderly or is a minor, or is suspected of being a minor & the person so suspected fails to produce acceptable evidence that the person is not a minor.
- Sections 4, 6, 165A
A person generally must not consume alcohol in a public place.
- Section 173B; Regulation 43 of the Liquor Regulation 2002
A copy of the Adult Entertainment Code is found in the Liquor (Approval of Adult Entertainment Code) Regulation 2002.
- Regulation 3 of the Liquor (Approval of Adult Entertainment Code) Regulation 2002
Cold drinking water must generally be available free of charge at licenced premises.
- Regulation 27A of the Liquor Regulation 2002
Reason for law
To minimise harm, and the potential for harm, from alcohol abuse and misuse and associated violence. (Section 3)
Section 106 contains the phrase ‘corporatised corporation’ which may need clarification.
Section 141A contains the word ‘tumult’. This word is unlikely to be understood by members of the public.
The Attachment found in the Liquor (Approval of Adult Entertainment Code) Regulation 2002 references section 103E of the Act when it should properly reference section 103N of the Act.
Regulation 38AB of the Liquor Regulation 2002 refers to section 14AB of the Act when this section is not in existence.
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