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.