Liquor supply and service: what are the rules?
For accommodation providers, be they in holiday apartments, resorts, hotels or similar, the service and supply of liquor may be an integral part of the role and also the source of a number of concerns.
In this issue of Resort News, I will look at some of these concerns and how they might be addressed.
Firstly, as you might be aware, there have been recent changes to Queensland’s liquor laws.
My office has no role in relation to the regulation of the supply of liquor. This is done through the Office of Liquor and Gaming Regulation (OLGR), which, like my office, is part of the Department of Justice and Attorney-General.
If you are after specific information about liquor licensing and supply, please contact OLGR directly.
However, for the purposes of this article I sought some input from OLGR and provide you with the information outlined in their response:
“Tackling alcohol-fuelled violence in Queensland
Reforms to Queensland’s liquor legislation will result in a number of changes that patrons of licenced venues and licensees need to be aware of.
Licensed premises outside Safe Night Precincts
From July 1, 2016, the latest time alcohol can be served will be reduced to 2am, with no lockout, for licensed premises with appropriate licensing approvals.
Licensed premises inside Safe Night Precincts
From July 1, 2016 to February 1, 2017, the latest time alcohol can be served will be reduced to 3am, with no lockout, for licensed premises with appropriate licensing approvals.
From February 1, 2017, only licensed premises in a 3am safe night precinct with appropriate licensing approvals will be able to serve alcohol to 3am, with a 1am lock out.
If a precinct has not been declared as a 3am Safe Night Precinct, the latest time alcohol can be served will be reduced to 2am, with no lockout, for licensed premises with appropriate licensing approvals.
Information for all venues
Venues can still:
• apply to serve alcohol between midnight and 5am on up to twelve occasions throughout the year
• remain open to serve food, non-alcoholic drinks and provide entertainment after alcohol service ends.
Patrons will continue to have 30 minutes after last drinks are called to finish their alcoholic drinks.
Exemptions
These changes do not apply to:
• casinos
• licensed premises in airports
• industrial canteens.
Certain licensees may be able to continue to serve liquor to residents and guests of residents provided liquor consumption is confined to the resident’s room.”
Liquor consumption can, of course, lead to some unwanted consequences, such as antisocial behaviour.
This kind of conduct has potential to be magnified in a community titles scheme, where people are living in close proximity to each other.
One of the ways in which body corporate legislation aims to address this issue is through by-laws.
I have spoken in previous columns about how by-laws are meant to regulate and not to prohibit conduct.
So when it comes to the negative effects of liquor consumption, by-laws can be used to regulate certain types of conduct, such as noise, nuisance or the use of common property (for example, there may be a by-law about the use of glass around swimming pools on common property).
The first piece of information I give in relation to by-laws is a simple one: communication is key.
If you are, for example, in a situation where you feel that a by-law about noise or nuisance is being breached and you want to take action, ask yourself:
• Do you actually know what the by-law in question says? While you may think that it is being breached, the by-law may contain some detailed information around particular times of day or particular activities. It is therefore important not to make an assumption;
• Do the people who are allegedly breaching the by-law know about it? Again, don’t assume they are aware. They may be new to the scheme or may not have seen the by-laws previously; and
• What is it you are trying to achieve? If this is a one-off, perhaps it is preferable to speak directly to the people involved – if it is safe and reasonable to do so – rather than use a formal by-law enforcement process.
You might find that by asking yourself these questions, you arrive at an outcome in which a problem can be simply and relatively quickly resolved.
For example, by simply making sure that by-laws– particularly if a by-law spells out some specific information that might not otherwise be clearly known – are made available and as widely known as possible, this may address some issues.
If not, then you may need to consider the by-law enforcement processes under body corporate legislation.
My office’s information service can provide information about these processes.
AccomNews is not affiliated with any government agency, body or political party. We are an independently owned, family-operated magazine.
