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LIQUOR REGULATION 2010 (NO 40 OF 2010)
2010
LEGISLATIVE ASSEMBLY FOR THE AUSTRALIAN CAPITAL
TERRITORY
LIQUOR REGULATION
2010
SUBORDINATE LAW SL2010-40
EXPLANATORY STATEMENT
Presented by
Attorney General
Simon
Corbell MLA
LIQUOR REGULATION 2010
SUBORDINATE LAW
SL2010-40
Overview
The Liquor Bill 2010 was introduced in the Legislative Assembly on 24
June 2010, passed on 26 August 2010 and notified on 6 September 2010. The
Liquor Act 2010 regulates the sale, supply, promotion and consumption of
liquor in a way that minimises harm associated with the consumption of liquor,
and in a way that takes into account the safety of the community. The Liquor
Act 2010 will replace the Liquor Act 1975.
The object of this
regulation is to make statutory rules under the Liquor Act 2010 with
respect to the following matters by prescribing:
• additional
information to be included on the liquor licence form;
• licensing
conditions which a licensee must comply with under the liquor
licence;
• expiry periods for the different types of liquor
licence;
• requirements which a licensee must satisfy when displaying a
public notice at premises informing the public of an intention to apply for a
liquor licence;
• the extent of the public consultation
period;
• a new certificate of occupancy if ACTPLA issues a certificate
to be provided to the Commissioner for Fair Trading (the
commissioner);
• new maximum renewal periods for certain types of
liquor licences;
• additional information which must be included on a
liquor permit form;
• conditions on a permit which a permit-holder must
comply with;
• the factors which the commissioner must consider when
having regard to the harm minimisation and community safety principles in
deciding the suitability of premises;
• information which must be
included in a Risk Assessment Management Plan (RAMP);
• information
which must be included in an application to hold a young people’s event in
an adults-only area of licensed premises;
• approval criteria which the
commissioner must be satisfied has been met by a licensee who has applied to
hold a young people’s event;
• additional information which must
be included on the young people’s events form;
• conditions which
a licensee must comply with if given approval by the commissioner to hold a
young people’s event;
• how a licensee or permit-holder must
display an offence sign at the licensed premises;
• how a sign marking
an adults-only area must be displayed at the licensed or permitted
premises;
• how an occupancy loading sign must be displayed at the
licensed or permitted premises;
• how a breath analysis sign must be
displayed at the licensed or permitted premises;
• an exemption from
the offence of selling petrol at licensed premises;
• a prohibition on
certain promotional or marketing activities related to
liquor;
• exemptions from the offence of allowing sexually explicit
entertainment at licensed or permitted premises;
• permanent
alcohol-free places in the ACT;
• licensed and permitted times for the
sale and supply of liquor in the ACT.
This regulation is made under the
Liquor Act 2010, including sections 30, 31, 32, 34, 36, 42, 54, 55, 88,
95, 96, 97, 98, 109, 123, 126, 134, 136, 137, 140, 198 and 229 (the general
regulation-making power).
PART 1
PRELIMINARY
This section names the regulation as the Liquor Regulation
2010.
Section 2 Commencement
This section explains
that the regulation will commence on the same day as the Liquor Act 2010.
Section 3 Dictionary
This section explains that the
dictionary at the end of the regulation is part of the substantive provisions of
the regulation.
This section makes it clear that the notes in the regulation are
explanatory only and do not form part of the substantive provisions of the
regulation.
This section makes it clear that other legislation applies to offences
against the regulation.
Section 6 Licence form – Act, s 30(1)(b)(vii)
This section sets out additional information which the commissioner
must include on the licence which is issued to the licensee. It also requires
the licence to include a floor plan with licensed areas, public areas,
adults-only areas and outdoor dining areas to be identified, as well as
occupancy loadings and certain other permits and licences in force for public
areas.
Section 7 Licence conditions – Act, s 31(2)(a)
This section sets out the standard licensing conditions which all
licensees and licensed premises must comply with under the liquor licence at the
premises. Failure to comply could result in action being taken by the
commissioner in the ACT Civil and Administrative Tribunal. The conditions are
in schedule 1.
Section 8 Licence term – Act, s
32(2)
This section sets out the expiry times for the different types
of liquor licences. For example, a low-risk licence for which trade ceases at
midnight or low-risk premises with a total occupancy loading not exceeding 80
people can be issued for up to three years. Licensees who choose to trade past
midnight, either to 2am, 4am or 5am will only be able to apply for a 12-month
licence, which will expire on 30 November each year after the day it is issued.
Section 9 Public notice requirements – Act, s
34(2)(b)
This section sets out the notice requirements which a
licensee must satisfy when displaying a public notice at premises informing the
public of an intention to apply for a liquor licence. The section also sets out
the information the licensee must include on the written representation
statement. This statement gives the public an opportunity to lodge a
representation with the commissioner, who will assess the merits of any
representations made about the liquor licence application in terms of satisfying
the harm minimisation and community safety principles.
Section
10 Public consultation period – Act, s 36(1)(a)
This section
gives the public 30 days to make a representation to the commissioner about an
application for a new liquor licence.
Section 11 Licence amendment
for change to floor plan – Act, s 39
This section requires the
licensee to provide a new certificate of occupancy if the ACT Planning and Land
Authority issued one for a change to the floor plan, as approved by the
commissioner.
Section 12 Licence maximum renewal period – Act,
s 42(1)
This section sets out the renewal periods for each type of
liquor licence. The 12-month licensing period has been extended to three years
for low-risk premises which pose minimal risk to the community and require
minimal regulatory supervision.
PART 3 LIQUOR
PERMITS
Section 13 Permit form – Act, s
54(1)(b)(vii)
This section prescribes additional information which
the commissioner must include when issuing either a commercial or non-commercial
permit.
Section 14 Permit conditions – Act, s
55(2)(a)
This section prescribes a condition on a permit in relation
to the provision of free water. Failure to comply could result in action being
taken by the commissioner in the ACT Civil and Administrative
Tribunal.
PART 4 SUITABILITY OF PREMISES FOR LICENCES AND
PERMITS
Section 15 Suitability of premises – cumulative
impact
This section
prescribes the factors which the commissioner must consider having regard to the
harm minimisation and community safety principles when deciding the suitability
of a liquor licence premises in the local area where there are other
licensees.
PART 5 RISK-ASSESSMENT MANAGEMENT
PLANS
Section 16 Risk-assessment management plan – Act, s
88
This section lists the information which an applicant for a liquor
licence or permit must include in their risk assessment management plan, setting
out how they intend to manage and mitigate the risks associated with the sale
and supply of liquor at the licensed or permitted premises.
PART
6 YOUNG PEOPLE’S EVENTS
Section 17 Meaning of young
people’s event information – pt 6
This section explains
the meaning of young people’s event information.
Section 18
Young people’s events – details for application – Act, s
95(2)(b)(v)
This section sets out additional information a licensee
must include in an application for approval to hold a young people’s event
in an adults-only area of licensed premises
Section 19 Young
people’s events – approval criteria – Act, s
96(2)
This section sets out the approval criteria which the
commissioner must be satisfied will occur before granting approval for the
applicant to hold a young people’s event.
Section 20 Young
people’s event form – Act, s 97(1)(b)(vi)
This section
prescribes additional information which must be included on a young
people’s event approval form.
Section 21 Young people’s
events conditions – Act, s 98(a)
This section prescribes
conditions which a licensee must comply with in relation to a young
people’s event at licensed premises.
PART 7 CONDUCT OF
LICENSEES AND PERMIT-HOLDERS
Section 22 Abuse offence sign
– Act, s 109(1)(b) and (2)(b)
This section describes how a sign
must be displayed at licensed or permitted premises informing the public that it
is an offence for a patron to abuse, threaten or intimidate a staff member
working at the premises who has refused to sell or supply liquor to an
intoxicated person, as part of the responsible service of alcohol
principles.
Section 23 Marking adults-only areas – Act, s
123(1)(b) and (2)(b)
This section describes how a sign must be
displayed at licensed or permitted premises informing the public that children
and young people are not allowed into the adults-only area at licensed or
permitted premises.
Section 24 Occupancy loading signs
– Act, s 126(1)(b) and (2)(c)
This section describes how a sign
must be displayed at licensed or permitted premises so that the public can
easily become aware of the total number of people allowed to be in licensed or
permitted premises at any one point in time.
Section 25 Incident
register – electronic video surveillance
This section
prescribes information that must be included in the incidents
register.
Section 26 Incident register – commissioner may
require inspection
This section allows the commissioner to require a
licensee or permit-holder to provide a copy of an incident register at the
premises to the commissioner.
Section 27 Breath analysis sign –
Act, s 134(1)(c) and (2)(c)
This section describes how a sign about a
breath analysis machine must be displayed at licensed or permitted premises so
that the public can read it with ease.
Section 28 Sell petrol
exemption – Act, s 136(3)
This section allows a liquor licensed
premises in the Division of Tharwa to sell petrol at the licensed premises as an
exception to the legislation because of its remote location.
Section
29 Prohibited promotional activity – Act, s 137(5)
This
section prohibits a number of promotional activities which encourage the rapid
or excessive consumption of liquor in line with the new harm minimisation and
community safety principles. In particular, it requires internet advertising to
include a statement in relation to offences under the Act. This requirement is
a minimum and internet sellers of liquor may include more detailed information
about offences that apply in other jurisdictions.
Section 30 Location
for sexually explicit entertainment – Act, s 140(3)(a)
This
section permits sexually explicit entertainment to occur in the three listed
exempt ACT locations.
PART 8 MISCELLANEOUS
Section
31 Permanent alcohol free places – Act, s 198(1)
This section
prescribes a number of permanent alcohol free places in the ACT to protect
children and young people and the general community.
Section
32 Licensed times and permitted times - definitions – Act, s
229(2)(a)
This section provides definitions used in section
33.
Section 33 Licensed times and permitted times –
Act, s 229(2)(a)
This section prescribes the licensed and permitted
times for the sale and supply of liquor in the ACT.
Section
34 Legislation amended – Schedule 3
This section provides the
authority to make consequential amendments related to the Smoking
(Prohibition in Enclosed Public Places) Amendment Act
2009.
SCHEDULES 1 - 3
Schedule 1, part 1.1
– Licence conditions – prescribes the standards which
a licensee must meet and comply with in relation to toilets and the security of
passageways to toilets at licensed premises.
Schedule 1, part 1.2
– Buildings and fittings – prescribes
the standards which a licensee must meet and comply with in relation to fittings
– their design, placement and operation – for dance floors, serving
counters, bars, bottle shops, outdoor dining areas and residential
accommodation.
Schedule 1, part 1.3 – Conduct of licensed
premises – prescribes requirements which a licensee must comply
with in relation to approved risk-management plan awareness, awareness of staff
about requirements around examination of identification documents and requiring
crowd controllers at the premises to be licensed crowd
controllers.
Schedule 1, part 1.4. – Responsible
practices in the service, supply and promotion of liquor –
prescribes requirements which a licensee must comply with in relation to the
responsible service, supply and promotion of liquor.
Schedule 1, part
1.5 – Reporting requirements – prescribes the reports
licensees must make to the commissioner and to the chief health
officer.
Schedule 1, part 1.6 – Additional conditions
for licences to sell liquor in open containers for consumption at licensed
premises – prescribes conditions around food service, provision of
water and safe practices.
Schedule 1, part 1.7 – Liquor
guidelines – provides that the licensee must comply with the
guidelines and ensure that staff and the premises also comply with the
guidelines.
Schedule 2 – Licensed and permitted times
– prescribes the various classes of liquor licence and the
licensed times under each class of licence when a licensee is able to sell and
supply liquor at the licensed premises. The different trading times relate to
the new risk-based licensing framework. It also prescribes the times when a
commercial and non-commercial permit-holder can sell and supply liquor at
events.
Schedule 3 – Consequential amendments related to
the Smoking (Prohibition in Enclosed Public Places) Amendment Act
2009 – amends this Liquor Regulation to take into
account amendments required for an uncommenced Act. Schedule 3 commences on the
commencement of that Act (see s 2(3)).