Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(see s 7)
In this part:
"licensed premises "does not include off licensed premises.
"toilet cubicle" means a room or booth containing a toilet, inside a toilet facility.
"toilet facility" means a room containing a toilet cubicle.
"toilet room" means a room that—
(a) contains 1 toilet; but
(b) does not contain a toilet cubicle.
1.2 Toilet facilities and toilet rooms
(1) There must not be a direct line of sight into a toilet facility or toilet room at licensed premises from outside the facility or room.
(2) Toilet facilities for licensed premises must not have a common entry for men and women unless the toilet facility is a unisex toilet facility.
(3) The licensee must not require a person to—
(a) pay to use a toilet facility or toilet room for the licensed premises; or
(b) use a key to enter a toilet facility or toilet room for the licensed premises during the licensed times.
(4) A sign showing the location of a toilet facility or toilet room for licensed premises must be displayed prominently at the premises so that it can be seen and read easily by a person anywhere at the premises.
(5) The following items must be provided in a toilet facility or toilet room for licensed premises:
(a) a wash basin with hot and cold running water;
(b) soap, hand wash or hand sanitiser;
(c) hand drying equipment;
(d) a mirror;
(e) a garbage bin.
1.3 Toilet cubicles and toilet rooms
The following items must be provided in a toilet cubicle or toilet room for licensed premises:
(a) toilet paper;
(b) a clothes hook;
(c) a lock on the door of the cubicle or room that can be operated from inside the cubicle or room without a key.
1.4 Toilet facilities and toilet rooms outside premises
(1) This section applies if a toilet facility or toilet room for licensed premises is located outside the premises.
(2) The toilet facility or toilet room must not be more than 40m from an exit door of the premises.
(3) The path to the toilet facility or toilet room must be—
(a) covered to exclude rain; and
(b) well drained; and
(c) well lit.
(4) The path to the toilet facility or toilet room must not be through—
(a) a staff area; or
(b) a kitchen area; or
(c) a storage area.
1.5 Surveillance of path to toilet facilities and toilet rooms outside premises
(1) This section applies if—
(a) a toilet facility or toilet room for licensed premises is located outside the premises; and
(b) the path to the toilet facility or toilet room is secluded.
(2) The path must be kept under electronic video surveillance.
(3) The electronic video surveillance must—
(a) include a camera; and
(b) include a monitor displaying the path that can be seen by a staff member at the premises; and
(c) be approved by the commissioner.
(4) A monitor displaying a path must be viewed at all times during the licensed times by a staff member at the premises if the premises has a total occupancy loading of at least—
(a) 300 people; or
(b) if the commissioner determines another occupancy loading—the occupancy loading determined by the commissioner.
(5) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act.
Part 1.2 Buildings and fittings
(1) The commissioner may determine an area at licensed premises to be used for dancing (a dance floor ).
(2) A dance floor must be clearly identified by a barrier, floor surface or markings on the floor.
(3) A dance floor must not contain furnishings, tables, chairs, or provision for placing drinks.
(4) The licensee must take reasonable steps to ensure that drinks are not consumed or taken on to a dance floor that is being used for dancing.
1.7 General licensed premises—separate areas
(1) This section applies to general licensed premises.
(2) The licensed premises must have separate areas for—
(a) the sale of liquor in open containers for consumption at the premises (an on area ); and
(b) the sale of liquor in sealed containers for consumption off the premises (an off area ).
(3) Liquor sold in open containers for consumption at the premises must only be sold in an on area.
(4) Liquor sold in sealed containers for consumption off the premises must only be sold in an off area.
1.8 Liquor displays at off licence supermarkets
If an off licensed premises is a supermarket, liquor may be displayed for sale in only 1 part of the supermarket (the liquor display area ).
(1) An outdoor dining area at licensed premises must—
(a) be clearly defined by a wall or barrier; and
(b) have enough tables and chairs for the maximum number of people allowed in the area under the occupancy loading for the area; and
(c) have at least half of the area protected from direct sunlight.
(2) An outdoor dining area at licensed premises must not include a liquor serving counter.
(3) If an outdoor dining area at licensed premises is located on unleased territory land, the licensee must—
(a) hold—
(i) a public place permit for the area; or
(ii) an unleased land licence for the area; and
(b) keep a copy of the public place permit or unleased land licence at the licensed premises.
(4) If a public place permit or unleased land licence ceases to be in force for an outdoor dining area at licensed premises, the licensee must apply to the commissioner for amendment of the licence under the Act, section 39 (Licence—amendment for change to floor plan of licensed premises).
1.10 Residential accommodation
If residential accommodation is provided at licensed premises—
(a) there must be an entrance to the accommodation that does not require people using the accommodation to enter an adults-only area at the premises; and
(b) if the accommodation is
booked for exclusive use by people under 18 years old—liquor must
be removed from mini-bars in the accommodation.
Part 1.3 Conduct of licensed premises
1.11 Approved risk-assessment management plan
The licensee must ensure that each staff member and crowd controller working at the licensed premises is aware of the contents of the approved risk-assessment management plan for the premises.
1.12 Examination of identification documents
The licensee must ensure that each staff member or crowd controller at the licensed premises who is to examine an identification document to decide whether the document identifies a person as an adult, is aware of the need to establish whether or not—
(a) the document has expired; and
(b) the date of birth on the document identifies the person as an adult; and
(c) the document has been forged or fraudulently altered; and
(d) the person presenting the document is the person in the photo on the document.
Note It is an exception to an offence against the following sections of the Act if the young person involved in the offence had, before the time of the offence, shown a staff member or crowd controller an identification document identifying the young person as an adult:
• s 110, s 111 and s 112 (about supplying liquor to a young person)
• s 114 (about a young person consuming liquor)
• s 116 (about a young person possessing liquor)
• s 120 (about a young person in an adults-only area).
The licensee must ensure that a person who acts as a crowd controller at the licensed premises is licensed to act as a crowd controller under the Security Industry Act 2003 .
Part 1.4 Responsible practices in the service, supply and promotion of liquor
1.14 Responsible practices and promotion of liquor
The licensee must engage in practices and promotions that encourage the responsible supply and consumption of liquor.
Examples
• promoting the consumption of light or low-alcohol drinks
• providing food with liquor to slow the rate of consumption and absorption of alcohol
• supplying liquor in standard or recognisable quantities
• serving half measures of spirits on request
• charging less for low-alcohol beer than full-strength beer
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
The licensee must provide and maintain a safe environment at and around the licensed premises.
(1) The licensee must make a telephone available for use by people at the premises.
(2) The telephone must be located in a place at the premises where a person using the telephone can hear and be heard above the noise of the premises.
(3) Telephone numbers for the following entities must be displayed near the telephone:
(a) police;
(b) ambulance;
(c) fire brigade;
(d) taxi companies servicing the premises.
1.17 Manager's name sign must be displayed
A sign displaying the name of the duty manager of the premises must be displayed prominently at the premises so that it can be seen and read easily by a person at or near each liquor serving counter at the premises.
1.18 Harassing behaviour etc must not be encouraged
The
licensee must ensure that activities carried out at the licensed premises do
not encourage people at the premises to engage in harassing, abusive,
threatening or intimidating behaviour towards other people at the premises.
Part 1.5 Reporting requirements
1.19 Annual purchase report to commissioner
(1) The licensee must, not later than 1 month after the end of each financial year, give the commissioner the following information, in writing, about liquor purchased by the licensee during the financial year to be sold at the licensed premises:
(a) the name and address of the wholesaler from whom the licensee purchased the liquor;
(b) the gross wholesale price paid or payable by the licensee for the liquor.
Note If a form is approved under the Act, s 228, for this provision, the form must be used.
(2) In this section:
"gross wholesale price", for liquor—
(a) includes any duty, tax or other charge paid or payable for the liquor; but
(b) does not include the costs for freight, or packaging for freight, for the liquor.
1.20 Annual sales report to chief health officer
(1) The licensee must, not later than 1 month after the end of each financial year, give the chief health officer the following information, in writing:
(a) the volume in litres of the following kinds of liquor sold at the licensed premises during the financial year:
(i) full-strength beer;
(ii) mid-strength beer;
(iii) low-strength beer;
(iv) regular strength bottled wine;
(v) regular strength cask wine;
(vi) low-strength wine;
(vii) low-strength cask wine;
(viii) fortified wine;
(ix) spirits;
(x) pre-mixed spirit based drinks;
(b) whether the licensee operates under the licence as—
(i) a retailer; or
(ii) a wholesaler; or
(iii) a manufacturer.
Note If a form is approved under the Act, s 228, for this provision, the form must be used.
(2) In this section:
"fortified wine" includes apera, frontignac, madeira, muscat, and tokay.
"full-strength beer" means beer that contains at least 4% by volume of ethanol.
"low-strength beer" means beer that contains less than 3% by volume of ethanol.
"low-strength wine "means wine that contains less than 3.5% by volume of ethanol.
"mid-strength beer" means beer that contains at least 3%, but less than 4%, by volume of ethanol.
"regular-strength wine "means wine that contains at least 3.5% by volume of ethanol.
Part 1.6 Additional conditions for licences to sell liquor in open containers for consumption at licensed premises
1.21 Additional conditions for certain licences
The conditions in this part are prescribed for a licence that authorises the licensee to sell liquor in open containers for consumption at the licensed premises.
Note A general licence, on licence, club licence or special licence may authorise the sale of liquor in open containers for consumption at the licensed premises.
(1) The licensee must provide food service at the premises.
(2) The premises must include kitchen facilities.
(3) The kitchen facilities must include—
(a) 1m 2 of bench space for the preparation of food;
(b) an oven;
(c) a sink with hot and cold running water;
(d) a dishwasher;
(e) a refrigerator.
Note It is a ground for occupational discipline in relation to a licensee if the licensee contravenes a provision of the Food Act 2001 (see Liquor Act 2010 , s 183).
Water must be available for consumption free of charge at—
(a) each place at the premises where liquor is sold; and
(b) if the occupancy loading for the premises is at least 300 people—another place at the premises that is used solely for making water available for consumption.
Example
tap water available at the liquor serving counter and a freestanding water dispenser at another place at the premises
Note An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).
Liquor that is intended to be consumed directly from a container must not be supplied in a container larger than 570ml.
If liquor is supplied on tap at the premises, each tap must have a drip tray connected directly to a waste outlet underneath the tap.
(1) A glasswasher must be located at or near each liquor serving counter at the premises.
(2) Glasses used at the premises must be washed in a glasswasher.
(3) A combined glasswasher-dishwasher may be used for washing glasses only if—
(a) the combined glasswasher-dishwasher is designed for commercial glass washing and dish washing; and
(b) the commissioner has approved the use of the combined glasswasher-dishwasher.
Note
It is a ground for occupational discipline in relation to a licensee if
the licensee contravenes a provision of the Food Act 2001 (see
Liquor Act 2010 , s 183).
The licensee must—
(a) comply with the liquor guidelines; and
(b) ensure staff members at the licensed premises comply with the liquor guidelines; and
(c) ensure the licensed premises comply with the liquor guidelines.