Liquor Amendment Regulation (No. 1) 2001 (Qld)

Queensland Subordinate Legislation 2001 No. 96 Liquor Act 1992 LIQUOR AMENDMENT REGULATION (No. 1) 2001 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 3 (Particulars to be stated fully). . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 4 (Particulars to accompany application for licence). . . . . 3 5 Amendment of s 6A (Restrictions on grant of general purpose permit) . . . . 4 6 Insertion of new s 6AB . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6AB Event management plans for catering away permits— Act, s 102F(1) 4 7 Amendment of pt 3A hdg . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8 Amendment of s 6B (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 9 Replacement of s 6C (Restrictions on approval of premises) . . . . . . . . . . . . 6 6C Restrictions on approval of premises . . . . . . . . . . . . . . . . . . . . . . . . . 6 10 Amendment of s 6D (Conditions on approval of premises) . . . . . . . . . . . . . 7 11 Amendment of s 6E (Licensee’s right to occupy approved premises ends) . 8 12 Amendment of s 6G (Sampling of liquor on approved premises). . . . . . . . . 8 13 Insertion of new ss 6H–6K and pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 6H Application for relocation of detached bottle shop . . . . . . . . . . . . . . 8 6I Decision by chief executive for application under s 6H . . . . . . . . . . 9 6J Application for transfer of detached bottle shop . . . . . . . . . . . . . . . . 9 6K Decision by chief executive for application under s 6J . . . . . . . . . . . 10 PART 3B—CLUB LICENCES AND OTHER PREMISES 6L Definition for pt 3B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

2 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 6M Application for inclusion or change of statement about other premises— Act, s 154C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 6N Decision by chief executive for application under s 6M . . . . . . . . . . 11 6O Copy of licence to be displayed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 14 Amendment of s 17 (Decision by chief executive) . . . . . . . . . . . . . . . . . . . . 12 15 Amendment of s 18 (Alteration of licensed premises) . . . . . . . . . . . . . . . . . 12 18 Application for alteration of licensed premises—Act s 154 . . . . . . . 13 18A Decision by chief executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 18B Production of licence after alteration, rebuilding, change or increase after s 18A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 16 Replacement of s 19A (Application of s 143 of the Act) . . . . . . . . . . . . . . . 15 19A Application of Act, s 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 17 Omission of pt 5A (Obligations of other parties) . . . . . . . . . . . . . . . . . . . . . 15 18 Amendment of s 19G (Proposed management plan). . . . . . . . . . . . . . . . . . . 15 19 Omission of s 21 (Liquor excluded from assessment of fees). . . . . . . . . . . . 15 20 Insertion of new s 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 28 Unreasonable noise—Act, s 187(5) . . . . . . . . . . . . . . . . . . . . . . . . . . 16 21 Amendment of sch 1 (Fees). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 22 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 23 Repeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

s1 3 s4 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 1 Short title This regulation may be cited as the Liquor Amendment Regulation (No. 1) 2001. 2 Regulation amended This regulation amends the Liquor Regulation 1992. 3 Amendment of s 3 (Particulars to be stated fully) (1) Section 3, ‘permit must’— omit, insert— ‘permit, or an application for an approval relating to a licence or permit, must’. (2) Section 3, ‘or permit concerned’— omit, insert— ‘, permit or approval concerned’. 4 Amendment of s 4 (Particulars to accompany application for licence) (1) Section 4(e), from ‘details’ to ‘entertainment; and’— omit, insert — ‘(i) details of the type and nature of the entertainment; and (ii) a written assessment of the expected acoustic qualities of the proposed premises; and’. (2) Section 4(f)— omit . (3) Section 4— insert— ‘ (2) Despite section (1)(e), the chief executive may require an applicant for a licence to give the chief executive a report of the acoustic qualities of premises when the premises are completed if noise, from any source, is or is likely to be made at a level in excess of 75dB(C) fast response when measured about 3 m from the source.

s5 4 s6 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 ‘ (3) An assessment or report about the acoustic qualities, or expected acoustic qualities, of premises must— (a) be made by a person who has the qualifications, training or experience in providing assessments or reports about the acoustic qualities of premises; and (b) state the person’s qualifications, training or experience.’. 5 Amendment of s 6A (Restrictions on grant of general purpose permit) Section 6A— insert — ‘ (2) If the applicant for the general purpose permit is a non-proprietary club that is an unincorporated association, the permit may only be granted to an individual for the non-proprietary club.’. 6 Insertion of new s 6AB After section 6A— insert— ‘6AB Event management plans for catering away permits— Act, s 102F(1) ‘ (1) The following are matters a proposed event management plan for a public event relating to a licensee must satisfactorily provide for— (a) the name of the promoter of the public event; (b) a plan of the site for the public event, with details of the facilities that are to be provided, including, for example, car parking, fencing, food and drink stations, lighting, security stations, stages and toilets; (c) the program for the public event, including, for example, details of all activities and performances; (d) arrangements for advertising the public event; (e) the number of persons expected to attend the public event, and the range of ages of the persons;

s7 5 s7 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (f) arrangements for transporting persons to and from the public event; (g) arrangements for liquor service at the public event, including, for example— (i) areas for the consumption of liquor and how they are to be defined, including, for example, by roping off the area or using a hospitality tent; and (ii) the number of staff to be employed in the service of liquor; and (iii) the number of staff who have been trained in the responsible service of alcohol, and information about the training the staff have undertaken; and (iv) arrangements for liquor sales and whether ticketing is to be used; and (v) the type of containers to be used for dispensing liquor; and (vi) hours a manager will be on duty and the names of persons who are to be on duty as managers; (h) arrangements for security, including, for example, the number of persons to be used for security purposes, and their location and role; (i) contingency plans if the public event is adversely affected by weather or other conditions. ‘ (2) In this section— “public event” , in relation to a licensee, see section 102D 1 of the Act.’. 7 Amendment of pt 3A hdg Part 3A, heading— omit, insert— 1 Section 102D (Definitions for div 12A) of the Act

s8 6 s9 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 ‘PART 3A—DETACHED BOTTLE SHOPS ’. 8 Amendment of s 6B (Definitions) Section 6B, definition “approved premises”— omit, insert— ‘ “detached bottle shop” means premises for which an approval is given under section 59(1)(d) 2 of the Act.’. 9 Replacement of s 6C (Restrictions on approval of premises) Section 6C— omit, insert— ‘6C Restrictions on approval of premises ‘ (1) The chief executive may approve premises under section 59(1)(d) of the Act only if— (a) the applicant is the licensee of licensed premises (the “main licensed premises” ); and (b) the applicant has no more than 2 detached bottle shops for the main licensed premises; and (c) the proposed detached bottle shop— (i) is no more than 10 km by road from the main licensed premises; and (ii) has a floor area of not more than 150 m 2 ; and (iii) does not have direct access from any other business premises; and (iv) has direct access from a public place; and (v) does not have a facility ordinarily known as a drive-in or drive through. ‘ (2) For subsection (1)(c)(i), a proposed detached bottle shop is no more than 10 km by road from the main licensed premises if either of the following distances is 10 km or less— 2 Section 59 (Authority of general licence) of the Act

s 10 7 s 10 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (a) the distance measured between— (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; (b) the distance measured between— (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop. ‘ (3) A distance mentioned in subsection (2) must be measured using the shortest route that may be taken driving a motor vehicle in compliance with the law of the State or a local law. ‘ (4) Subsection (1)(c)(i) does not apply if the proposed detached bottle shop is in a remote area that does not have premises from which liquor is sold to the public for consumption off the premises. Example of subsection (4) — A small rural community more than 10 km from the nearest premises from which takeaway liquor is sold to the public. ’. 10 Amendment of s 6D (Conditions on approval of premises) (1) Section 6D(1)(a)— omit, insert — ‘(a) conducting the proposed business on the premises (the “new business” ) is permitted under the planning scheme of the relevant local government for the premises; and’. (2) Section 6D(1)(b) and (c), ‘approved premises’— omit, insert — ‘detached bottle shop’.

s 11 8 s 13 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (3) Section 6D(2), ‘approved premises’— omit, insert — ‘a detached bottle shop’. 11 Amendment of s 6E (Licensee’s right to occupy approved premises ends) (1) Section 6E, ‘approved premises’— omit, insert — ‘detached bottle shop’. (2) Section 6E, ‘under section 154(2)’— omit, insert — ‘as mentioned in section 154(1) 3 ’. 12 Amendment of s 6G (Sampling of liquor on approved premises) Section 6G, ‘on approved premises’— omit, insert — ‘at a detached bottle shop’. 13 Insertion of new ss 6H–6K and pt 3B Before part 4 heading— insert— ‘6H Application for relocation of detached bottle shop ‘ (1) An application for approval to relocate a detached bottle shop must be in a form approved by the chief executive. ‘ (2) The application must be accompanied by— (a) if the licensee is not the owner of the premises to which it is proposed to relocate the detached bottle shop, the owner’s written agreement to the application; and 3 Section 154 (Alteration etc. and maintenance of licensed premises) of the Act

s 13 9 s 13 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (b) evidence, satisfactory to the chief executive, that using the proposed premises as a detached bottle shop is permitted under the planning scheme of the relevant local government for the premises; and (c) the fee prescribed in schedule 1 for the application. ‘6I Decision by chief executive for application under s 6H ‘ (1) The chief executive may— (a) grant the application; or (b) refuse the application. ‘ (2) If the chief executive grants the application, the approval is subject to conditions specified by the chief executive in the approval. ‘ (3) If the chief executive refuses the application, the chief executive must give the applicant a notice stating the following— (a) the application is refused; (b) the reasons for the refusal; (c) the applicant may appeal to the Tribunal against the refusal within 28 days after the applicant receives notice of the refusal; (d) the way in which the applicant may appeal against the refusal. ‘6J Application for transfer of detached bottle shop ‘ (1) An application for approval to transfer a detached bottle shop must be made in a form approved by the chief executive. 4 ‘ (2) The application must be accompanied by— (a) a copy of the assignment of the lease of, or new agreement for the use of, the premises; and (b) the fee prescribed in schedule 1 for the application. 4 Section 154B(2) of the Act— (2) The first and second licensees must make a joint application to the chief executive for approval of the transfer.

s 13 10 s 13 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 ‘6K Decision by chief executive for application under s 6J ‘ (1) The chief executive may— (a) grant the application; or (b) refuse the application. ‘ (2) If the chief executive grants the application, the approval is subject to conditions specified by the chief executive in the approval. ‘ (3) If the chief executive refuses the application, the chief executive must give the applicant a notice stating the following— (a) the application is refused; (b) the reasons for the refusal; (c) the applicant may appeal to the Tribunal against the refusal within 28 days after the applicant receives notice of the refusal; (d) the way in which the applicant may appeal against the refusal. ‘PART 3B—CLUB LICENCES AND OTHER PREMISES ‘6L Definition for pt 3B ‘In this part— “other premises” see section 85(1A) of the Act. ‘6M Application for inclusion or change of statement about other premises—Act, s 154C ‘ (1) An application for the inclusion of, or change to, a statement in a club licence that the licensed premises includes other premises must be made in a form approved by the chief executive. ‘ (2) The application must be accompanied by— (a) a statement about the events for which the premises will be used infrequently, including, for example, home games or training sessions; and (b) evidence, satisfactory to the chief executive, of the licensee’s ownership of, or legal right to occupy, the other premises; and

s 13 11 s 13 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (c) a description of the area proposed for the sale and consumption of liquor on the other premises for the events; and (d) a statement about the hours for sale and consumption of liquor on the other premises for the events; and (e) a statement about the nature of noise that will be made at the area for the sale and consumption of liquor, including, for example, noise from a public address system or playing recorded music for the events; and (f) a plan of the site for the events, with details of the facilities that are to be provided, including, for example, car parking, fencing, food and drink stations, lighting, security stations and toilets; and (g) a statement about how many persons are expected to attend the events, and the range of ages of the persons; and (h) arrangements for liquor service at the events; and (i) arrangements for security at the events; and (j) the fee prescribed in schedule 1 for the application. ‘ (3) In this section— “arrangements for liquor service” include— (a) how the licensee will decide the number of staff to be employed in the service of liquor and how the staff are to be trained in the responsible service of alcohol; and (b) how the purchase of liquor is to be made by persons attending events, including, for example, whether ticketing is to be used; and (c) the type of containers to be used for dispensing liquor; and (d) hours a manager will be on duty and the names of persons who are to be on duty as managers. “arrangements for security” include the number of persons to be used for security purposes and their location and role. ‘6N Decision by chief executive for application under s 6M ‘ (1) The chief executive may— (a) grant the application; or

s 14 12 s 15 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (b) refuse the application. ‘ (2) If the chief executive grants the application, the approval is subject to conditions specified by the chief executive in the approval. ‘ (3) If the chief executive refuses the application, the chief executive must give the applicant a notice stating the following— (a) the application is refused; (b) the reasons for the refusal; (c) the applicant may appeal to the Tribunal against the refusal within 28 days after the applicant receives notice of the refusal; (d) the way in which the applicant may appeal against the refusal. ‘6O Copy of licence to be displayed ‘A licensee must, during every period the licensee is authorised to sell liquor on other premises, have a legible copy of the licensee’s licence— (a) on display in a conspicuous place on the other premises; or (b) available for inspection by an investigator. Maximum penalty—25 penalty units.’. 14 Amendment of s 17 (Decision by chief executive) Section 17(3)— omit, insert— ‘ (3) If the chief executive refuses the application, the chief executive must give the applicant a notice stating the following— (a) the application is refused; (b) the reasons for the refusal; (c) the applicant may appeal to the Tribunal against the refusal within 28 days after the applicant receives notice of the refusal; (d) the way in which the applicant may appeal against the refusal.’. 15 Amendment of s 18 (Alteration of licensed premises) Section 18—

s 15 13 s 15 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 omit, insert — ‘18 Application for alteration of licensed premises—Act s 154 ‘ (1) A person may apply to the chief executive for approval to alter, rebuild, change or increase the area ( “specified changes”) of the licensee’s licensed premises. ‘ (2) The application must be in a form approved by the chief executive and must be made by— (a) for a specified change to the licensed premises if the licensee is the owner of the premises, the licensee; or (b) for a specified change to the licensed premises if the licensee is not the owner of the premises, the owner and the licensee; or (c) for a specified change to a detached bottle shop, the licensee; or (d) for a specified change to other premises included in a club licence, the owner and the licensee. ‘ (3) The application must be accompanied by— (a) a written description of the specified changes; and (b) evidence of the real property description of the land on which the licensed premises are, or are to be, located; and (c) 2 copies of a plan of the premises drawn to a scale of 1:100 showing the specified changes; and (d) details of the nature of any entertainment that is, or is to be, provided on the licensed premises; and (e) the fee prescribed in schedule 1 for the application. ‘ (4) If, after considering the application the chief executive considers there is, or is likely to be, a material change relating to the provision of entertainment on the licensed premises, the chief executive may, by written notice, require the applicant to provide a written assessment of the expected acoustic qualities of the premises. ‘ (5) In this section— “other premises” see section 85(1A) of the Act. ‘18A Decision by chief executive ‘ (1) The chief executive may—

s 15 14 s 15 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (a) grant the application; or (b) refuse the application. ‘ (2) If the chief executive grants the application, the approval is subject to conditions specified by the chief executive in the approval. ‘ (3) Without limiting the conditions the chief executive may specify in the approval, the chief executive’s approval for an application may be subject to the following conditions— (a) completion of the proposed work in accordance with the plans approved by the chief executive; (b) the applicant obtaining all stated approvals or certifications, for use of the premises as licensed premises, as required under an Act other than the Act, including, for example, development approval under the Integrated Planning Act 1997; (c) the completed premises having the acoustic qualities stated in the approval; (d) the time, not later than 2 years after the date of the approval, for completing the proposed alteration, rebuilding, change or increase to the licensed premises. ‘ (4) An approval expires at the time stated in the approval. ‘ (5) If the chief executive refuses the application, the chief executive must give the applicant a notice stating the following— (a) the application is refused; (b) the reasons for the refusal; (c) the applicant may appeal to the Tribunal against the refusal within 28 days after the applicant receives notice of the refusal; (d) the way in which the applicant may appeal against the decision. ‘18B Production of licence after alteration, rebuilding, change or increase after s 18A ‘ (1) After completing an alteration, rebuilding, change or increase of the area of licensed premises under an approval under section 18A, the licensee must give the chief executive the licensee’s licence for the licensed premises.

s 16 15 s 19 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 ‘ (2) The chief executive must issue a new licence to the applicant with the altered, rebuilt, changed or increased area of the licensed premises only if the chief executive is reasonably satisfied the applicant complied with all the conditions to which the approval was subject. ‘ (3) To remove any doubt, it is declared that if an area is not part of licensed premises but is the subject of an approval under section 18A, the licensee must not use the area as licensed premises until a licence is issued under subsection (2) that includes the area as part of the licensed premises.’. 16 Replacement of s 19A (Application of s 143 of the Act) Section 19A— omit, insert — ‘19A Application of Act, s 143 ‘Section 143 5 of the Act applies to the licensee of a detached bottle shop as if the detached bottle shop were the main licensed premises.’. 17 Omission of pt 5A (Obligations of other parties) Part 5A— omit . 18 Amendment of s 19G (Proposed management plan) Section 19G, ‘107A(d)’— omit, insert— ‘107A(1)(d)’. 19 Omission of s 21 (Liquor excluded from assessment of fees) Section 21— omit . 5 Section 143 (Particulars to be displayed on premises) of the Act

s 20 16 s 21 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 20 Insertion of new s 28 After section 27— insert — ‘28 Unreasonable noise—Act, s 187(5) ‘For section 187 of the Act, the limits for noise are— (a) between 6 a.m. and 10 p.m.—the adjusted maximum sound pressure level L A 10, plus adjustments for tonal and impulse components, exceeding the background level L A 90 by more than 10dB(A); or (b) between 10 p.m. and 6 a.m.—the sound pressure level L OCT 10, in a full octave band with centre frequencies from 63 HZ to 2000 HZ, exceeding the background level L A 90 by more than 8dB in any octave band.’. 21 Amendment of sch 1 (Fees) (1) Schedule 1, item 2(f), ‘106.50’— omit, insert— ‘50.00’. (2) Schedule 1, item 2— insert — ‘(g) for renewal of a temporary authority under section 125 of the Act . . . . . . . . . . . . . . . . (h) for approval to alter, rebuild, change or increase the area of licensed premises . . . . (i) for approval of a temporary change to licensed premises for 1 occasion . . . . . . . . (j) to renew a provisional licence . . . . . . . . . . (k) to renew a staged development approval . . (3) Schedule 1, item 3(d)(iii), ‘1 200.00’— omit, insert— ‘106.50’. (4) Schedule 1, item 3(d)— 50.00 50.00 27.00 50.00 50.00’.

s 21 17 s 21 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 insert — ‘(vi) variation of hours during which adult entertainment may be provided for 1 occasion . . . . . . . . . . . . . . . . . . . . . . . . . (5) Schedule 1, item 3— insert — ‘(e) a catering away permit for more than 1 occasion . . . . . . . . . . . . . . . . . . . . . . . . . (f) a variation of a catering away permit for more than 1 occasion . . . . . . . . . . . . . . . . . (g) a catering away permit for 1 occasion . . . . (h) a variation of a catering away permit for 1 occasion . . . . . . . . . . . . . . . . . . . . . . . . . (6) Schedule 1, item 6(d)— omit, insert — ‘(d) approval under section 148(d) of the Act in relation to the gratuitous supply of liquor for a particular event or occasion in any part of the licensed premises . . . . . . . . . . . . . . . . . (6) Schedule 1, item 6(e), ‘75.50’— omit, insert — ‘50.00’. (7) Schedule 1, item 6— insert — ‘(i) transfer of a detached bottle shop . . . . . . . (j) relocation of a detached bottle shop . . . . . (k) inclusion in a licence of a statement that the licensed premises includes other premises (l) change of statement in a licence that the licensed premises includes other premises (m) inclusion in a licence of a statement that the licensee may sell and supply liquor to or for persons genuinely attending a function on the licensed premises . . . . . . . . . . . . . . . . . 27.00’. 50.00 50.00 27.00 27.00’. 27.00’. 100.00 100.00 50.00 50.00. 50.00’.

s 22 18 s 23 Liquor Amendment Regulation (No. 1) 2001 No. 96, 2001 (8) Schedule 1, item 10— omit. 22 Amendment of sch 2 (Dictionary) Schedule 2— insert — ‘ “planning scheme” has the meaning given by the Integrated PlanningAct 1997 , section 2.1.1. “relevant local government” , for premises, means the local government for the area in which the premises are located.’. 23 Repeal The following regulations are repealed— • Liquor Amendment Regulation (No. 2) 1992 (1992 SL No. 299) • Liquor Amendment Regulation (No. 3) 1992 (1992 SL No. 421) • Liquor Amendment Regulation (No. 1) 1993 (1993 SL No. 249) • Liquor Amendment Regulation (No. 1) 1994 (1994 SL No. 230). ENDNOTES 1. Made by the Governor in Council on 28 June 2001. 2. Notified in the gazette on 29 June 2001. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Tourism, Racing and Fair Trading. © State of Queensland 2001