Following on from the implementation of the Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016 and to last year’s article regarding the change to trading hours (https://www.affinitylawyers.com.au/blog-view/reducing-alcohol-fuelled-violence-will-this-179), a new piece of legislation named the Liquor and Other Legislation Act 2017 was introduced in March 2017 and as a result, all premises that fall within the definition of a ‘regulated premises’ must operate an approved ID scanner which is linked to an approved ID scanning system to record all patrons entering their premises from 10.00pm onwards.
What is a ‘regulated premise’?
If:
- you are a licensee in a ‘Safe Night Precinct’ (‘SNP’);
- the liquor licence you hold does not fall within an exempt class (discussed further below); and
- you are approved to trade past midnight on a permanent basis,
you will be deemed a ‘regulated premise’ and accordingly, have been required to install and operate an approved ID scanning system from 1 July 2017. If you do not have the appropriate system in place, you are required to prevent any patrons from entering your premises after 10.00pm on the days that you are authorised to trade past midnight (unless the patrons also fall within the scope of the exemptions, listed in further detail below).
The Commissioner for Liquor and Gaming may also impose conditions on a licensee’s liquor licence which declares that they are a ‘regulated premise’ regardless of trading hours and location.
Exempt Licensees
In addition to those licensees who do not permanently trade past midnight in a SNP, the Liquor Regulation 2002 also exempts the following classes of licences from having to operate the approved ID scanning system:
- those whose principal activity of business under a commercial special facility licence is a casino or a convention centre;
- a restaurant is on the premises (a subsidiary on-premises licence for meals);
- those where the principal activity of the business under the licence is the provision of accommodation (e.g. motel).
A licensee can apply to the Commissioner to have the premises declared ‘not regulated’.
Exempt patrons
The Queensland Government website lists the following as patrons who would be exempt from having their ID’s scanned:
- Employees of the licensee – this includes contractors and entertainers who enter the premises after 10:00pm (unless they are entering the premises as a patron).
- Persons attending a function at the premises – you will not be required to scan a patron’s ID if the sole purpose of their visit is to attend a function held on the premises. Examples of functions include a 21st birthday or a wedding, which are not open to the public.
- Persons attending the premises for the sole purpose of dining/meals – if a patron’s sole purpose for entering a regulated premises is to eat a meal in a part of the premises ordinarily set aside for dining (whether or not alcohol is supplied to the patron while consuming the meal), licensees of premises subject to the following licence types will not be required to scan a patron’s ID:
- a commercial hotel
- a subsidiary on-premises licence if the principal activity of the business conducted under the licence is the provision of accommodation
- a community club.
- Residents of the premises – you are not required to scan the ID of a temporary or permanent resident of the regulated premises (e.g. hotel guests).
- Exempt minors.
Summary
As always, there are nuisances in applying legislative changes such as this, and your individual circumstances will need to be taken into account before advice can be given in relation to your particular rights and obligations.
Accordingly, we would strongly recommend that you contact our experienced and professional team of lawyers at Affinity Lawyers today on 07 5563 8970 to discuss any queries or concerns you may have as a result of these changes.
