This year has brought some significant change for both Government service delivery and the industry. The integration of the Liquor Licensing Division, Queensland Office of Gaming Regulation and the Office of Racing to form the Office of Liquor, Gaming and Racing signified the beginning of a new era of enhanced service delivery for the hospitality industry. The finalisation of reforms to the Liquor Act 1992 and Gaming Machine Act 1991 have introduced a raft of harm minimisation initiatives to develop a socially responsible and sustainable industry along with sweeping social reform in Indigenous communities.

I would like to thank all our industry partners and others who have contributed to the consultation process to fi nalise these reforms. The next twelve months will continue to be challenging as we work together to implement the many changes brought about by the Liquor Act reform.

The reform implementation kicks off from 1 January 2009 when licensees will be transitioned to their new licence types, the annual fee structure commences, approved managers replace the existing nominees, and machine gaming will be prohibited prior to 10am. More details on all of these changes are covered in this edition of OLGR Update.

The ‘silly season’ is upon us, and I urge the liquor and gaming industry to continue their vigilance in responsible service during this time. While the rest of Queensland gear up for Christmas parties and New Year’s Eve, it is important for us to continue our hard work in ensuring the safety of patrons through adequate security measures, staff training and best practice. I would like to take this opportunity to wish all OLGR Update readers a Merry Christmas and a prosperous New Year. I am confident that 2009 will bring more streamlined services to the liquor, gaming and racing industries.

Mike Sarquis

Executive Director

The reforms not only impact on the way the liquor industry is regulated, they introduce new laws to prevent the irresponsible supply of liquor by adults to minors and a Ministerial banning power that will impact on manufacturers. These laws commenced in September 2008.

The new laws were supported by the Government’s Don’t kid yourself advertising campaign which launched on 12 October targeting parents in the lead up to Schoolies 2008.

Licence type

Licence types will now be streamlined under the two main categories of licence – commercial and community licences. All existing licences will be transitioned into the new licence categories, which will commence on 1 January 2009.

Current licence type	New licence type
General	Commercial hotel
Special facility	Commercial special facility
On-premises (meals)	Commercial other
On-premises (cabaret)
On-premises (tourist)
On-premises (presentations)
On-premises (function)
On-premises (transport)
On-premises (training)
On-premises (other activity)
Limited
Residential
Producer/wholesaler
Club	Community club
Restricted club permit	Community other

Trading hours

The new licence fee structure will commence on 1 January 2009.

From 2009 all liquor licences will be subject to a base fee plus any additional fee calculated against risk criteria. The base fee and additional fees will appear on the new form that all transitioning licensees received in November 2008. The risk criteria relates to trading hours, service practices and compliance history.

Your first annual fee payment is due by 31 January 2009 and will be 50 per cent of the self-assessed amount (see below) according to the approved form. This payment will be for the period of January to June 2009.

Annual fees will then be calculated by financial year – the first full payment is due by 31 July 2009 and will be due on 31 July each year thereafter.

The annual fees will be payable in advance, except for the compliance history criterion, which is based on the previous financial year’s activity. The compliance history criterion will not apply until the fee due by 31 July 2010 and will incorporate compliance activity for the period 1 July 2009 to 30 June 2010.

Failure to pay the annual fee by the date payable will result in suspension of the licence. Continued non-payment of the fee may result in cancellation of the licence.

The risk criteria on the following page may assist licensees to analyse and identify their risk category and associated fees.

Mandatory training

All staff involved in the service and supply of liquor will require a current certificate in the OLGR approved Responsible Service of Alcohol (RSA) training within 30 days of commencing employment.

Staff employed prior to 1 January 2009 will have until 30 June 2010 to complete the training.

RSA training for volunteers will not be mandatory provided they are supervised by an RSA-trained individual. A licensee or permittee must take reasonable steps to ensure that this supervision is provided.

Approved manager

The new position of approved manager will increase professionalism throughout the industry and replaces the current nominee position.

An individual licensee or an approved manager must be on site or reasonably available during ordinary trading hours but must be on site during any period of approved extended trading hours. Reasonably available means the ability to be readily contactable by staff and the capacity to attend the premises within one hour of being contacted.

If a company or partnership holds a licence, an approved manager will be mandatory. However, if a sole licensee is able to be on site or reasonably available during ordinary trading hours and on site during any period of approved extended trading hours an approved manager will not be mandatory.

On 1 January 2009, all current nominees will be deemed to be approved managers until they complete the Responsible Management of Licensed Venues (RMLV) and RSA training (if not already obtained) and apply to be approved managers. As at 30 June 2010, all deemed approvals will expire.

Applicants for licences and for approved managers who apply after 1 January 2009 will be required to have RMLV and RSA training completed prior to any final approval being granted.

A manager’s approval remains in force for five years.

A list of approved trainers for RMLV and RSA is available at www.olgr.qld.gov.au under ‘liquor’.

More information

The Final outcomes of the Liquor Review Act 1992 paper is now available on the OLGR website at www.olgr.qld.gov.au For individual queries relating to liquor reform in Queensland, please email us at liquor.reform@treasury.qld.gov.au or call OLGR on 13 13 04.

Criteria	Scale	Risk	Fee
Base Fee
Commercial	Hotel		$2,700
	Detached bottle shop (for each shop)		$3,000
	Special facility (12 midnight-5am trading up to 10 outlets; for each extra outlet above 10 add $1,000)		$10,000
	Special facility (10am-12 midnight trading up to 10 outlets; for each extra outlet above 10 add $1,000)		$7,500
	Other		$500
Community	Club (large >2,000 members)		$2,200
	Club (small <2,000 members)		$500
	Other		$250

Subtotal:

Fees associated with risk criteria below are added to base fees above

Trading Hours
Morning trading	7am to 9am	(clubs by exception – functions allowed)	Low	$1,000
	7am to 9am	(clubs by exception – functions allowed) (weekends only)	Low	$750
	7am to 9am	(functions)	Low	$1,000
	7am to 9am	(functions) (weekends only)	Low	$750
	9am to 10am	by exception – for community need)	Low	$500
	9am to 10am	(by exception – for community need) (weekends only)	Low	$375
Ordinary trading	10am to 12 midnight		No	$0
Late trading	12am to 3am	(general trade)	High	$7,500
	12am to 3am	(general trade) (weekends only)	High	$5,625
	3am to 5am	(general trade)	Elevated	$10,000
	3am to 5am	(general trade) (weekends only)	Elevated	$7,500

Subtotal:

Provision of Meals
	Not applicable	No	$0
	Meals (available up to 2hrs prior to closing)	No	$0
	No meals/meals not available up to 2 hours prior to closing	High	$1,000

Subtotal:

Compliance History
	Positive management history	No	$0
	Infringement notices	Medium	$5,000
	Prosecution/disciplinary action	Very high	$10,000
	Major trauma	Encumberance	$20,000

TOTAL:

Campaign materials target heavy gamblers who may be experiencing problems with their gambling and uses images and messages about the impacts of problem gambling on finances and relationships.

Phase one of the campaign, in 2006, involved takeaway cards, signage in gambling venues across the State and press advertisements in selected regional and metropolitan areas. The phase two refreshed campaign extends the message delivery to ‘out of home’ media such as billboards, transport station light boxes, bus backs and bus sides. It is hoped these will achieve greater visibility of the Wanna Bet concepts, increase the target audience to significant others, and to the general public.

Changing Queensland’s drinking culture will require an approach that balances the law, industry self-regulation through liquor accord groups and a recognition and acceptance of personal responsibility by patrons.

Patron responsibility is the focus of the Queensland Government’s new Safer Drinking Cultures program. The program features three separate campaigns:

• Don’t kid yourself – delivering messages to adults and parents who supply alcohol to minors for consumption in unsupervised environments

• Every drink counts – delivering messages to young drinkers (aged 18 – 25 years)

• Strong Community Life – delivering messages to Queenslanders living in remote Indigenous communities.

To view the advertisements and learn more about the Safer Drinking Cultures campaign visit the new website www.everydrinkcounts.qld.gov.au 

If you are interested in displaying promotional material please contact Ms Kylie Hickling on 07 3247 5963.

The event was chaired by OLGR’s Executive Director, Mike Sarquis, and Deputy Executive Director, Linda Woo, and featured a variety of guest speakers and presenters who discussed significant liquor regulation issues, such as the national alcohol reforms and the Queensland liquor reforms program.

The three day conference was very productive with delegates covering a wide range of liquor licensing issues.

During August–September the OLGR’s Strong Community Life team visited Aurukun, Hope Vale, Mornington Island, Wujal Wujal and the five communities that make up the Northern Peninsula Area.

The program’s ambassador, former Rabbitoh’s fullback David “The Peach” Peachey helped participants concentrate on celebrating the strengths of the local community and reinforcing the importance of healthy choices and setting goals.

The next phase of the Strong Community Life campaign began in November – a new radio program aimed at adults. The radio program allows adults from the 19 communities to discuss issues and share stories, as well as providing OLGR with a new medium to connect with remote communities.

The research was undertaken by Associate Professor Nerilee Hing and Helen Breen of the Southern Cross University, based on a survey that received 511 responses and was funded by a grant from OLGR.

The research indicates that gaming venue employees are 7.5 times more likely to be problem gamblers than the general Queensland population. The report presents strategies to lower risks and enhance protective factors and offers tips for employers for effective interventions.

The report highlights that the promotion of responsible gambling is a key strategy to discourage employees from developing gambling problems, along with responsible gambling training which emphasises:

• the ability to assess gambling problems

• effects of problem gambling

• the odds of gaming products

• general information on responsible gambling practices.

Responsible gambling training includes formal training courses provided by industry peak bodies or other registered training organisations. For more information on available courses, contact Clubs Queensland or the Queensland Hotels Association.

Another useful resource is the Queensland Responsible Gambling Code of Practice Industry Training Kit which was distributed free to all gambling providers in 2005 and can be downloaded from the OLGR website at www.olgr.qld.gov.au 

The report indicates that a major protective factor is a supportive working environment, where managers and colleagues encourage employees to recognise a gambling problem and seek help without fear of stigma or the risk of losing employment.

The report, Gambling by employees of Queensland gaming venues: workplace influences on responsible gambling and problem gambling, can be downloaded in full from the OLGR website at www.olgr.qld.gov.au 

The technology on trial allows players to nominate an amount of money to spend on gambling in advance. Players can, for example, set a limit to the amount they want to spend in a day, or set a maximum amount on their card. Once the limit is reached, play using the card is suspended until the next day.

The trials offer OLGR an insight into players’ gambling behaviour and activity and will be used to inform future policy development. The further analysis of pre-commitment and card-based gaming was highlighted as a priority in the Premier’s April 2008 announcement as one of a raft of enhanced harm minimisation initiatives.

On 11 June 2008, the licensee of the Charleville Cattle Camp Hotel, Goldfox Investments Pty Ltd and the sole director of the licensee, were summoned to appear before the Charleville Magistrates Court.

The court heard a complaint that, on 19 September 2007, the licensee contravened section 189(3) (Licensing requirements for carrying out gaming duties on licensed premises) of the Gaming Machine Act 1991 by failing to ensure that at least two appropriately licensed persons were employed to carry out gaming duties at the hotel.

The court heard further complaints that, between 27 June and 8 October 2007, the licensee contravened section 195(1) (Nominee of licensees) of the Act by failing to have a gaming nominee in place for the hotel. On 10 June and 28 August 2007, the licensee contravened section 242(2) (Payments for gaming) of the Act by failing to make gaming machine payments in accordance with the rules ancillary to gaming.

The director was charged with the same offences as the licensee, pursuant to section 352 (Liability of offence by body corporate) of the Act.

The licensee and director pleaded guilty to the charges and were convicted and fined $1500 and $600 respectively, with no convictions recorded. In addition, the licensee and director were each ordered to pay $66.50 costs of court.

To assist clubs, Clubs Queensland and new team member, Amanda Hefez, are developing a range of gambling initiatives which include:

• training and ongoing support for gaming staff and management who have a role in assisting patrons

• expanding existing networks within Queensland clubs to enhance discussions and support in providing responsible gambling service

• developing a website to help clubs share information and resources specific to responsible gambling and the Queensland responsible gambling code of practice.

The aim is to recognise and support existing initiatives and assist clubs to manage expectations in providing gaming services.

If you have any feedback or ideas please contact Amanda Hefez of Clubs Queensland at amanda@clubsqld.com.au

The first (and preferred) option involves performing cash clearances and end of month procedures after close of business on 31 December 2008 and before trade commences on 1 January 2009.

The second option involves performing cash clearances and end of month procedures after the close of business on 30 December 2008 and before trade commences on 31 December 2008. This approach is useful for sites that trade for 24 hours on New Year’s Eve and for sites that prefer not to have staff work on 1 January 2009. This option will cause differences between the monitoring system’s reading and a site’s own meter readings for several metered amounts for December 2008 and January 2009. However, the difference will be offset over  the two-month period. (Form 42).

The grants are not intended to replace existing sources of support for these organisations. Grants of more than $5,000 are considered for more complex projects which have significant community benefit. Since inception the fund has distributed more than $4.8 million to over 1400 projects.

Where does the money come from?

The BICCBF receives money from a one per cent levy on the gross gaming revenue of Jupiters’ Casino in Townsville.

Who can apply?

Applications must be from Queensland-based organisations, located within the areas of Townsville, Thuringowa, Charters Towers, Mackay, Mount Isa, Hinchinbrook, Burdekin, Whitsunday, Bowen, Mirani, Sarina, Nebo, Flinders, Richmond, McKinlay and Cloncurry. The majority of Queensland not-for-profit community organisations are eligible to apply for a grant, either in their own right (if incorporated) or through a sponsor (if not incorporated).

Funding Rounds

The BICCBF has two annual funding rounds with closing dates for applications of 30 April and 31 October. Allocations are made to successful organisations approximately four months after the funding round closing date.

How can I apply?

To find out if your organisation and/or project is eligible for a grant, or to download the funding application guidelines and form, please visit www.olgr.qld.gov.au or phone (07) 3247 4284 or freecall (outside Brisbane) 1800 633 619. 

From 1 January 2009 machine gaming will not be allowed to commence prior to 10am. Those licensees, however, who have previously obtained approval from the Queensland Gaming Commission to operate later than 12 midnight, may continue to operate gaming machines until the approved closing time. OLGR will liaise with licensed monitoring operators to implement the amended trading hours. All licensees will receive a new gaming machine licence document with their new trading hours, early in the New Year.

Following the introduction of liquor licence fees, some licensees may consider reducing their liquor trading hours. Licensees should be aware that any change in liquor trading hours may reduce the hours that they are able to operate gaming machines.

Licensed gaming machine monitoring operators will disable all gaming machines for 24 hours from 12 midnight on Christmas Eve, 24 December 2008. Liquor bar staff must finish serving at 12 midnight and patrons must finish drinks and leave the premises by 12.30am. Licensees with on-premises (cabaret) licences are allowed to serve until 3am Christmas morning and patrons must finish drinks and leave the premises by 3.30am.

Bottle shops

Takeaway alcohol can only be purchased up to 12 midnight on Christmas Eve. Bottle shops must be closed on Christmas Day.

Adult entertainment venues

Adult entertainment is prohibited from 12 midnight on Christmas Eve and throughout Christmas Day.

Hotel guests

Alcohol can be provided to in-house guests in their room or in other approved areas of the hotel. On Christmas Day, licensees may only serve alcohol to patrons eating a meal in the dining area of the premises between 10am and 12 midnight. This means that liquor may be served to patrons for one hour before dining, during the course of a meal, and for one hour after completion of the meal. On Boxing Day, usual trading hours and conditions resume.

This means that the bar must finish serving at 2am and patrons must finish drinks and leave the premises by 2.30am. On New Year’s Eve, authorised licensees may operate gaming machines until 2.30am. Licensees who have approval to trade later than these hours may continue operating until the approved closing time.

Any licensee wishing to trade beyond these hours, who does not have current approval, needs to lodge an application for extended trading hours with OLGR before 19 December 2008.

OLGR’s head office will be closed from 5pm on 24 December 2008 and will re-open on 2 January 2009.