The Federal Hotel – 111 James Street Toowoomba, QLD 4350

Parking is available at the hotel.

16 & 17 January 2012

RMLV – Responsible Management of Licensed Venues

Day 1: 11.30am – 6pm

Day 2: 9am – 1.30pm

Includes RSA if required.

Brothers Leagues Club – 99-105 Anderson St, Manunda Cairns

Parking is available at the hotel.

17 & 18 January 2012

RMLV – Responsible Management of Licensed Venues

Day 1: 12pm – 7pm

Day 2: 9am – 1pm

Includes RSA if required.

The online facility can be used to apply for:

• Liquor approved manager
• Key monitoring employee
• Gaming employee
• Wagering key person
• Gaming nominee
• Keno employee
• Gaming repairer
• Lottery key person

The process is straightforward and includes an online identity verification process. Combined with the option to upload scanned copies of supporting documents, such as RMLV and RSA certificates, and digital photographs, it simplifies the process to obtain an individual liquor or gaming licence in Queensland.

If you prefer to apply offline,  there is a new multi-purpose application form used for all individual gaming and liquor licence applications which replaces the existing forms.

Download a copy of Form 82 – Application for liqour and gaming individual employees.

Go to the online application facility for individual licensees.

You must keep a record of all employee’s training and this record must be produced if requested by OLGR. A copy of the relevant training certificates must be kept with the register.

If you’re unsure of anything regarding training requirements, call our office on 07 3252 4066.

One wonders how stifling competition by placing further obstacles in the path of new market entrants can be deemed necessary to achieve a balanced outcome.  So what’s really going on?

In a chain of causation sense, an overly simplistic and unfair licence fee regime is largely to blame for the moratorium.  With the introduction of licence fees on 1 January 2009, licensees with approval to trade until 1.00am, 2.00am or 3.00am all pay the same licence fee uplift of close to $8000 per annum. This prompted many licensees (including some 80 plus ALH hotels) to apply to extend hours in line with the fee structure.

This in turn prompted objections from members of the public and local authorities seeking to have the applications refused.  But, rather than simply grant those applications with sufficient merit and refuse those without, the Government put in place a state-wide, legislative, retrospective moratorium to block the consideration of existing applications and the lodging of further applications.

The only concession to would-be new late traders was to allow applications from premises within certain identified precincts.  However, the recognition of precincts like Caxton Street and  Fortitude Valley is of no comfort to many applicants.  Areas such as West End and Park Road have been ignored, as has Airlie Beach and other notable areas which feature concentrations of hospitality venues.

So in addition to applying the brakes to the ALH value-for-licence-fee strategy, the moratorium blocks:

• an application for a licence for a new venue in Airlie Beach which will only be viable if it can operate on the same terms as other businesses in the locality.
• an application for a new business in Park Road which needs 2.00am trading to attract its market.
• an application for a function-based business in West End which needs 1.00am trading to satisfy its intended clients.

Most applications have ample justification, and after an exhaustive process would ordinarily receive favourable consideration.  This is because the operation of most businesses during extended hours trading periods have little or no negative impact on the community.  The small number of inappropriate proposals should simply be refused.

Instead of the moratorium, what is needed is courage.

• Courage to either grant or refuse the ALH applications according to their individual merit.
• Courage to take a more sophisticated approach to solving problems, such as lifting the ban on applications which relate to trading hours until say 2.00am.
• Courage to engage and negotiate with affected parties to reach agreed outcomes on issues like trading hours, rather than running and hiding.
• Courage to overhaul and improve the equity in the licence fee system which is, as always, the root of it all.

This vintage inspired cocktail bar is in the heart of the popular Woolloongabba Antique Precinct. Nestled amongst some of Brisbane’s best café’s, restaurants and antique centres, Canvas provides a mystical sanctuary where you can enjoy delectable cocktails, mixed by some of Australia’s top bartenders, boutique wine, craft beer, and rustic French/Spanish inspired food boards.

The interior of this intimate bar is quite different from anything else in Brisbane. Talented interior designer, Alexa Nice, brings a quirky blend of edgy and opulent design to the venue using recycled materials to bring as much of Brisbane into the bar as possible.

Recycled timber panels and planter boxes filled with flowers and ivy adorn the walls and most of the furniture was sourced from local second hand/vintage shops and auctions. A captivating ‘Where The Wild Things Are’ style mural on the feature wall and sketches throughout the menu were done by local Brisbane street artists.

Since opening in July, Canvas has been nominated for a number of awards and was recently named ‘Best Bar’ in the 2011 Courier Mail Food & Wine Guide.  Pop into Canvas and enjoy live music on Sunday afternoon, Tapas and Tequila on Tuesday, or the Absinthe Green Hour on Thursday.  Open from 3-midnight every day except Monday.

For more information and bookings:
Website: www.canvasclub.com.au
Facebook: www.facebook.com/canvasbrisbane
Phone: (07) 3891 2111
Address: 16b Logan Road, Woolloongabba

The limited number of new bars has not been because of a lack of interest from the public, we have received several enquiries from people interested in opening a bar in Fortitude Valley and other areas, it is due to the classification of a bar as a “Hotel” under town planning schemes.

Until recently if you wanted to open a bar (or hotel) in Fortitude Valley, you were required to make a code or impact assessable town planning application – both long and costly exercises. This made it financially unviable to open a bar with a maximum capacity of 60 persons.

On 1st October 2010 the revised Fortitude Valley Neighbourhood Plan came into effect. Under the new plan the use of premises as a hotel is now self assessable where:

• the use does not involve building work (internal fitout does not constitute building work)
• the buildins is in the Special Entertainment Precinct Core Area
• the premises has 100m² or less in gross floor area (Other uses may occupy an area greater than 100m2, provided the licensed component is 100m² or less. This would apply to fusion bars attached to existing businesses such as shops, hairdressers etc.)
• the premises is not located within the same building as, or within 5m from, a residential dwelling.

This makes the prospect of opening a bar in Fortitude Valley much more attractive and we may now see some more vibrancy in our laneways and small spaces.

No Change to Lockout or Trading Hours

There will be no immediate change to the lockout or trading hours regime. The Law Justice and Safety Committee (LJSC)  recommended:

• Bringing the lockout forward to 2am
• An overall reduction in trading hours
• the introdcution of a two tiered regime whereby venues in designated entertainment precincts would be permitted to trade later than those venues outside the precincts
• A reduction in the permitted trading hours for bottleshops

These recommendations contradicted the findings of the LJSC enquiry, which found no correlation between extended trading hours and alcohol-related violence.

Liquor & Gaming Specialists, on behalf of a number of liquor accords, made a submission to Parliament arguing against any reduction in trading hours,  in the absence of any hard data showing this would reduce problems associated with alcohol. We were not alone in our opposition to this recommendation with support coming from other accords, industry bodies and from a number of community groups.

We welcome the Government’s decision to resist tampering with trading hours to please the vocal minority and we, along with all responsible licensees, are committed to continuing to work with all stakeholders to reduce the social impact of alcohol.

Drink Safe Precincts

The Drink Safe Precincts (DSPs) will be trialled in Fortitude Valley, Gold Coast and Townsville. These precincts will have more police and support services, supervised taxi zones, safe zones and a coordinated management strategy similar to those in place for major sporting events and concerts. We believe a structured approach to the management of these high density areas is a logical step in the evolution of the Queensland licensed hospitality industry.

More police on the street, providing a visible deterrent and clamping down on troublemakers, was demonstrated as a successful counter-measure to alchol-related violence during Operation Merit. However, we hope any increase in arrests and convictions, resulting from greater numbers of police on the street, will not be used as an argument for further restrictions on licensees in the future.

Of the 68 recommendation contained in the LJSC report, 58 have received a positive response. Follow this link to download the Queensland Government’s Response to the Law Justice and Safety Committee’ final report into alcohol-related violence.

This requirement “does not apply until 1 July 2011 in relation to a person who, immediately before the commencement day, was employed to carry out gaming duties or gaming tasks on licensed premises.”

Who must hold a certificate?

The mandatory training provisions will automatically apply to all eligible gaming licensees, licensed gaming nominees and licensed gaming employees. It is possible that this provision may also apply to employees who assist with gaming, but are not licensed gaming employees.

Who can provide the training?

To comply with the legislation, training must be provided by an OLGR approved trainer. At the time of writing (30 June 2010), OLGR has not approved any trainers to deliver the responsible service of gambling course. However, there are transitional provisions relating to training carried out before the commencement day by a trainer not approved by OLGR.

Will my existing training be acceptable?

Any person who has achieved either SITHGAM006A or THHADGO3B – Provide Responsible Gambling Services, in the 12 months before 1 October 2010, may apply for an exemption from mandatory training. The exemption, if granted, will remain in place until 1 July 2013.

Summary of requirements.

Training mandatory from 1 October 2010.

Existing Employees – must complete training before 30 June 2011.

New Employees – must complete training within three months.

Non-approved training – may qualify for an exemption up until 1 July 2013.

Before the 2008 amendments to the Liquor Act, the Community Liquor Permit was known as a General Purpose Permit. Under the Liquor Act 1912 it was known as a Booth Permit or Ball Permit. Although the names have changed, the conditions of eligibility are largely the same.

• A Community Liquor Permit will only be issued to a non-proprietary club, or another organisation or individual, provided the proceeds from the sale or supply of liquor are for the benefit of the community.
• A permit is valid for the area and duration specified on the permit.
• A permit can be issued for one or several days, consecutive or otherwise.
• All of the usual regulations apply regarding minors, responsible service of alcohol, intoxication and disorderly conduct.

To obtain a Community Liquor Permit you must complete an application form and submit it to OLGR at least 21 days before the event. In addition to the application fee of $52 per day, some or all of the following may be required:

• Endorsement by the local police.
• If the event is to be held in a public place, permission from the local government authority.
• If the event is open to the general public, a completed event management plan.

The Office of Liquor and Gaming Regulation have recently launched Online Applications for Community Liquor Permits. At the time of writing this article, the facility is only an option if you live in the Brisbane area. However, if the pilot program is successful it will be rolled out Statewide in due course.

OLGR have published a factsheet about the online applications for Community Liquor Permits.

It contravenes trade practices law to fix prices. However, research has shown that price is one of the effective means of addressing levels of liquor consumption.

A UK study (Purshouse R C 2010) said:

General price increases were effective for a reduction of consumption, health care costs, and health-related quality of life losses in all population sub-groups.

Remember dollar drinks, 2 for 1 offers and four hour happy hours? Prior to the 2005 amendments to the Liquor Act, enacting the Brisbane City Safety Action Plan, the media was full of these kinds of promotions. That’s when the Queensland State Government cleverly side-stepped the TPA problem by regulating advertising rather than price, with the result that advertising, at least for the on-premises branch of the industry, shifted focus to image – entertainment and food offerings and so on. Despite initial reservations, licensees across the board were very quickly on side.

Consider the impact of this change on the perception of liquor as a product.

This strategy must be extended to capture the 70 to 80% of total liquor sales represented by off premises outlets. No-one can argue that continuing to permit advertising of $2 and $3 bottles of wine is consistent with changing cultural and societal attitudes toward liquor consumption.

Our treasurer recently commented along the lines of “No-one goes to First Choice for the décor” but perhaps they should – and if not for the décor, then for the customer service, or the range, or the wine expertise, or the convenience and parking – not simply price.

A common theme in the LJSC report is the absence of hard data about many aspects of the debate, and the equivocal results of research in others. Despite specifically acknowledging this in a trading hours context, the committee inexplicably went on to refer to “the increased alcohol-related harm which accompanies longer hours”. There are a few things lacking in the discussion.

Firstly, the strength of the existing legislation – there are comparatively few licences with the authority to trade until 5am (around 100 or so), and the number has declined over the last few years as a result of many factors, particularly heavier compliance burdens and licence fees.

Late trading approvals are also very difficult to achieve, yet easy to take away. Way back when post 3am trading became renewable six monthly (1994) the Honourable Bob Gibbs as the relevant Minister at the time said:

This action serves notice on all operators who trade past 3 a.m. that a line has been drawn after which trading is an absolute privilege and not a right only removable when definitive evidence can be substantiated against the particular premises. It can be expected that if in a locality it is established that the allowance of trading of all licensed premises after 3 a.m. causes additional problems in terms of street violence, disturbances or criminal activity, a general ceiling of 3 a.m. for all premises with extended hours permits will be imposed. The fact that all permits will come up for renewal on the same day should provide adequate warning to premises in several notable areas of the State that this Government is serious in controlling problems with liquor trading in the early hours of the morning.

So whilst fiddling with trading hours might be a politically appealing and expedient distraction it won’t address the core problems.

What will work?

A larger number of visible Police on the streets, and appropriate deterrent-level punishments for the tiny minority of people who come out at night and break the law. Ask anyone.

Including ICE in your mobile is an easy step that that may help you when you need it most – in times of accidents and emergencies.

Enter ICE – for In Case of Emergency – into your mobile’s address book and list the name and number of the person you want to be contacted in an emergency. You could also store your blood type and other relevant information under your ICE entry in some handsets that allow notes in the contacts section.

Ideally your ICE contact should know your basic medical information, such as blood type and allergies and be able to help emergency services make decisions if needed.

Having ICE in your mobile phone may make it quicker and easier for emergency services workers or passers by to get in contact with someone you want and who can help with vital information.

Many Australian emergency organisations have thrown their support behind the ICE campaign and the Valley Liquor Accord has now adopted the strategy also.

Good Friday – 2 April 2010

Trading hours and conditions for all licensed premises in Queensland are set out below.

Thursday Night (Good Friday Eve): all premises must cease service at 12 midnight. The 30 minute grace period for consumption of drinks on the premises still applies.

Good Friday up to Midnight: if you do not normally serve meals on the premises, you will be able to enjoy a day off.

Premises offering a meals service may open at the usual time on Good Friday, but liquor may only be sold in association with a meal prepared on the premises and served in a part of the premises ordinarily set aside for dining.

Midnight on Good Friday onwards: normal trading resumes. Premises with extended trading hours approval may open at midnight and trade under their normal conditions until the approved closing time.

Normal trading hours and conditions apply for the remainder of the Easter period.

ANZAC Day – 25 April 2010

All licensed premises must cease service at 12 midnight on 24 April, with the usual 30 minute grace period.

Up to 1 pm on ANZAC day liquor may be sold in association with a meal, prepared on the premises and served in a part of the premises ordinarily set aside for dining. No takeaway liquor may be sold before 1 pm on ANZAC day.

RSL clubs and licensed premises catering for ANZAC day services or RSL functions can commence trading from 5 am on ANZAC day, subject to certain conditions. Please see the OLGR Factsheet for full details.

‘261L Distributing promotional or advertising material about licensed premises
‘A licensee must not distribute promotional or advertising
material about the licensee’s licensed premises to a person
who the licensee knows or ought reasonably to know is
prohibited from entering or remaining in the licensed
premises, or a gaming machine area on the licensed premises,
under a self-exclusion order or exclusion direction.
Maximum penalty—40 penalty units.’

The Minister for Tourism and Fair Trading, Peter Lawlor, today released a media statement reminding licensees of their obligations to comply.

The amendments to the Maching Gaming Act 1991 include the introduction of a mandatory training requirement for all persons carrying out gaming duties on licensed premises.

The Office of Liquor & Gaming Regualation has not announced the date on which this new provision will come into effect, but it is likely to be in early 2010.

From that date, anyone carrying out gaming duties must complete a course in the Provision of Responsible Gambling Services within three months of commencing employment. There is a transitional provision which exempts existing gaming employees from this provision until 1 July 2011.

We recommend all licensees and Approved Managers download a copy of the Approved Managers Guideline from www.lgs.net.au and familiarise themselves with the content. Although there has been limited compliance activity in this area, we believe it is only a mattter of time before licensing officers begin an inspection program specifically  targeting licensees obligations relating to Approved Managers.

Our feedback from the industry tells us the question of who is to sign the Approved Manager Register, and when it must be signed continues to cause the most confusion. The Approved Managers Guideline clears up some of the questions in this regard.

The exemption for low risk licensed premises is set out below:

“During ordinary trading hours only, the Chief Executive will allow some variation in the requirement for an approved manager to be rostered on at a premises.

The requirement for a licensee or approved manager to be reasonably available is not changed.

Provided the relevant licensee does not have an adverse compliance history, the following licence and business types are not required to have an approved manager rostered on at the premises during ordinary trading hours:

• Producer/wholesalers
• Florists and gift basket providers
• Community clubs with less than 2000 members
• Community other licences
• Restaurants
• Motels
• Indoor sports centres
• Vessels

The Chief Executive reserves the right to withdraw this exemption in response to any breaches of the Act committed by a licensee.”

There is a further provision allowing a business employing ten full-time (or equivalent) employees or less involved in the sale or supply of liquor to apply for a similar exemption.

In all circumstances, an individual licensee or approved manager must be reasonably available at all times the business is open during ordinary trading hours and must be on the premises during any approved extended trading hours.

Call our office on 07 3252 4066 if you have any questions on how this will apply to your situation.

Featuring in a recent article in the Australian the proposed plans will make it easier for shops, hairdressers and other businesses in the Valley Special Entertainment Precinct make an application to obtain a bar licence for all or part of the premises.

The proposal will mean the developments below will be self assessable in the Special Entertainment Precinct of Fortitude Valley:

…Centre Activities where a Hotel, Nightclub or Restaurant and where:
• not involving building work, and
• less than 100m² in gross floor area(2), and
• not located within the same building as, or within 5m from a residential use, and
• complying with the Acceptable Solutions in the Centre Amenity and Performance Code…

(2) Other uses (e.g. shop) may occupy an area greater than 100sqm, provided the licensed component (e.g. hotel) is less than 100sqm.

However, the proposal to exclude property outside of the Special Entertainment Precinct is not what was expected and b³ has made a formal submission to the Brisbane City Council asking that the self assesable level of development be extended to Multi Purpose Centres (MP2) within the area covered by the Fortitude Valley Neighbourhood Plan.

Removing the cost and uncertainty of a Code Assessable planning application along with specific provisions allowing mixed use developments will take us one step closer to a vibrant bar scene in Brisbane.

Download a full copy of the Draft Fortitude Valley Neighbourhood Plan.

As the name suggests, Inspire Gallery & Bar combines an art gallery with a bar and the business owners, Jacqui Hannam and Marcel Gerstel, plan to showcase the best of local art in an intimate bar setting.

The Liquor Act describes the principal activity of a Bar Licence as:

S.70(1)The principal activity of a business conducted under a bar licence is the sale of liquor on the licensed premises having the capacity to seat not more than 60 patrons at any one time.

During the processing of the application by Inspire Gallery & Bar the Office of Liquor & Gaming Regulation proposed the following conditions be placed on the licence:

The licensee and approved manager must ensure that seating is provided for not more than 60 patrons at any one time within the licensed premises.

The licensee and approved manager must ensure that no more than 80 patrons whether seated or othewise are on the licensed premises at any one time.

However, the final approval contained the following, more restrictive, condition:

The licensee and approved manager must ensure that no more than 60 patrons whether seated or othewise are on the licensed premises at any one time.

It appears this will be a standard condition on all Bar Licences.

It is unfortunate that OLGR have chosen this direction but we are working with them to achieve a more flexible application of this policy in the future.  We will update this website with any further developments.

Most licensees will realise there are a number of important benefits to membership of a liquor accord (keeping up to date with developments from Police, Council, Liquor Licensing etc, enhanced business reputation, better perception by clientele, promotional and marketing opportunities etc etc).

Additionally, since the amendments to the Liquor Act on 1 January this year, accord groups have express statutory recognition and are a feature of the Risk-Assessed Management Plan. If a licensee is not a member, this may reflect negatively upon the premises if they are subjected to a compliance investigation.

The Minister for Tourism, Fair Trading, Liquor Licensing, Gaming & Racing, the Honourable Peter Lawlor MP will be the special guest along with all members of the VLA, representatives of the QLD State Government & the Brisbane City Council, sponsors and supporters of the VLA. We encourage all licensees in the Fortitude Valley precinct to attend the launch and show support for this important initiative.

The time and location are:

Monday 22 June 2009
2.30pm – 4pm
Judith Wright Centre of Contemporary Arts
420 Brunswick Street, Fortitude Valley

RSVP by Friday 19 June 2009 to admin@valleychamber.com.au

The RAMP must address certain statutory criteria associated with the management of the sale and supply of liquor at the premises. The RAMP must be approved by the Chief Executive and an approved copy will be returned to the licensee. Thereafter, the licensee will be obliged to operate the business in accordance with terms of the document.

We are able to provide incoming licensees with a RAMP which we guarantee will comply with all OLGR requirements. We provide this service on a flat fee basis from $600 plus GST for a low risk licensed premises such as a restaurant with standard trading hours.

Call our office on 07 3252 4066 or contact Liquor & Gaming Specialists for more information.