The March 2009 OLGR Update is a significant edition – not only is it the first edition for 2009, but it also heralds the end of an era—it will be the last printed version of the Office of Liquor, Gaming and Racing’s (OLGR) newsletter.

The next edition, due out in June 2009 will be available as an e-newsletter only. Those of you who wish to receive the latest liquor and gaming news from OLGR will need to subscribe to OLGR’s email alert. The email includes a link to the newsletter, published on the OLGR website in html format. I encourage all readers to subscribe to this free service today, so that you will continue to receive regular news and information from OLGR. To subscribe, go to www.olgr.qld.gov.au and click on ‘about us’.

Included in this newsletter is important information regarding the implementation of the liquor reforms which became effective on 1 January 2009. I urge all liquor licensees to read the article titled ‘Rolling out the changes – liquor reform in 2009’ in this newsletter, which outlines the progress of the introduction of the reforms throughout the industry in Queensland.

All liquor and gaming machine licensees need to be aware of restrictions to trade on Good Friday and ANZAC Day. Restrictions apply to trading hours, serving liquor and meals on the public holidays. View full details in the article ‘Good Friday and ANZAC Day trading restrictions’ in this newsletter.

OLGR will host a stall at the 2009 Hospitality and Gaming Australasia trade show, to be held on 30 and 31 March 2009 at the Brisbane Convention Centre. Staff from a cross-section of OLGR will be in attendance over the two days, providing stall visitors with the latest information on licensing, fees, liquor reforms, investigations and responsible gambling resources.

 

Mike Sarquis 

Executive Director

The committee comprises representatives from Clubs Queensland, the Queensland Hotels Association, Restaurant and Catering Queensland and Cabarets Queensland, as well as OLGR executives. The committee met for the fi rst time on 21 January 2009.

Meetings are being held initially on a fortnightly basis. The committee is expected to be dissolved by mid-2009, if no outstanding issues remain.

The meetings have proved successful in providing a helpful channel of communication between industry and government resulting in a smoother transition to the new regulatory framework

The head office is a secure building with strict access requirements. As such, senior level management of OLGR are only available by appointment.

If you wish to make an appointment with the Executive Director or another member of management, please contact 13 13 04.

This includes infringements issued by OLGR.

This is the first increase in the penalty unit cost in Queensland for nine years—almost a decade. The relevant legislation has been reviewed to ensure the quantum of the increase is not unfair or excessive.

Following extensive consultation with industry and community representatives, the Queensland Government introduced a licence type and fee restructure, annual liquor licence fees, and changes to trading hours and training requirements. These changes aim to transform Queensland’s drinking culture and seek to reduce alcohol-related harm in and around licensed premises.

Approved manager

From 1 January 2009, if the licensee for a premises is a corporation, the premises must have at least one approved manager.

Individual licensees can not becomeapproved managers but while individual licensees are on-site or reasonably available as required by the Act, an approved manager is not necessary.

Individual licensees who are not able to be on-site or who hold more than one licence must have at least one approved manager for each of their premises.

To assist with the transition to this new system, anyone who was approved as a liquor nominee before 1 January 2009 is automatically deemed to be an approved manager. This status expires on 30 June 2010 or when the nominee ceases employment at the licensed premises.

A nominee who ceases their current employment will need to undertake the application process and be approved by OLGR’s chief executive before assuming the role of an approved manager at another licensed premises.

The approved manager application process consists of:

• police check

• applicants providing evidence of current Responsible Management of Licensed Venues (RMLV) and Responsible Service of Alcohol (RSA) training to OLGR and

• assessment of previous management history at licensed premises.

Once an individual has been approved by OLGR to be an approved manager, the status acts as a qualifi cation - that person is able to work at any licensed premises as an approved manager. Approved managers will not be “attached” to one licensed premises, asnominees once were.

It is a requirement that approved managers be on-site after midnight. However, they may be “reasonably available” during ordinary trading hours of 10am to 12 midnight, which will allow periods of absence to attend to other business, take meal breaks etc. “Reasonably available” means the approved manager is readily contactable by each person involved in the service or supply of liquor at the premises and not more than one hour of travelling time is needed to be present on the premises, if requested.

Licensees may wish to have other approved managers on call to cover the circumstances where the approved manager who is rostered on for duty cannot attend due to illness or another reason. Approved managers can stand in for licensees on leave.

In circumstances where an individual licensee wishes to take leave from the premises and has attempted to obtain the services of an approved manager but has not been successful, the licensee may apply to OLGR for an exemption of this requirement for a short period. Each application will be determined based on individual circumstances and must be approved prior to the leave.

OLGR has received almost 2,000 approved manager applications to date, with many more expected over the coming months.

In Queensland, the following forms of identifi cation are acceptable as proof of age:

• a current driver licence or learner permit

• a current passport (from any country)

• an Australian government-issued proof-of-age card (18+ Card)

• a Victorian Keypass

• foreign driver’s licence with a photo and date of birth of the licence holder.

From 1 August 2005, foreign driver licences are accepted as evidence of age, providing they have a photo and date of birth of the licence holder. Where a foreign driver licence is not written in English, an International Drivers Permit issued in the foreign country of origin (and including a photo of the licence holder and translation) must be presented with the foreign driver’s licence.

Under section 160 of the Liquor Act 1992, suspected fake, defaced or falsely presented documents should be confi scated and forwarded to OLGR with an ID Confi scation Report for further investigation. If you do not ask to see identifi cation and allow a minor onto thepremises, you are liable for prosecution.

If a minor is found on your premises, licensees and staff may be prosecuted and fi ned up to $10,000.

Liquor accords have become more popular as Queensland pubs and clubs become more engaged with harm minimisation measures. In the last fi nancial year, accords increased by 50 per cent and we are happy to report the upward trend has continued. In the past few months OLGR has welcomed fi ve new liquor accord groups, including Innisfail, Mission Beach, Tully, Cardwell and Townsville/Thuringowa.

As part of the liquor reforms, a new section has been inserted into the Act which identifi es how to achieve the objective of minimising harm through voluntary participation in liquor accords.

If you are interested in forming a liquor accord, please contact OLGR on 13 13 04 or visit www.olgr.qld.gov.au

While the bar must finish serving at this time, half an hour is allowed for patrons to finish their drink and leave the premises.

On Good Friday, licensed premises may open from 10am, regardless of any previous approvals for earlier opening hours. However, patrons will only be able to buy or be supplied alcohol while eating a meal prepared on the premises and eaten in an area of the premises ordinarily set aside for dining. Patrons can purchase alcohol for one hour before dining, while eating their meal and for one hour after fi nishing their meal.

On Good Friday, machine gaming is not permitted after 12 midnight on Thursday 9 April 2009. Normal trading conditions apply from 12 midnight on Good Friday.

Opening times on Easter Sunday and Monday are as usual for each licensed premises.

Trading hours on ANZAC Day 

On 24 April 2009, trading must cease at 12 midnight (with a further half hour grace period for consumption of drinks purchased) for all licences.

Before 1pm on ANZAC Day, liquor may only be sold or supplied in conjunction with a meal in a part of the premises that is ordinarily set aside for dining, if the meal is also prepared, served and intended to be eaten on the premises.

The sale of take-away liquor is not permitted prior to 1pm on ANZAC Day.

On ANZAC Day, machine gaming is not permitted between 12 midnight on 24 April 2009 and 1pm on25 April 2009.

After 1pm on ANZAC Day, normal trading hours apply.

Trading hours for RSL and services clubs

The Liquor Act 1992 allows special trading hours from 5am on ANZAC Day for RSL and services clubs’ dawn services. The Act allows all licensed RSL and services clubs to trade from 5am on ANZAC Day as part of their ordinary trading hours. They do not need to apply for a permit to do this, however, conditions apply.

Full details of the conditions can be found in the ANZAC day fact sheet. Visit www.olgr.qld.gov.au and click on ‘publications and resources’ then ‘liquor licensing’.

RSA

From 1 January 2009, all licensees must ensure the following persons have a current training course certifi cate in RSA:

• the licensee (if an individual)

• approved managers and

• any staff member at the premises who is involved in the service or supply of liquor.

Staff members include bartenders, glass collectors, floor hostesses, room service staff etc.

Staff members employed prior to 1 January 2009 will have until 30 June 2010 to complete the required training. Those staff employed after 1 January 2009 will be required to complete the training within 30 days of commencing employment. For clubs holding a community club licence, community other licence or a community/restricted liquor permit, and where the service or supply of liquor is provided only by volunteers, the licensee/permittee must take reasonable steps to ensure there is a person with current RSA training to supervise the volunteers.

The training certificate that meets the requirements of the legislation is a nationally accredited RSA certificate (titled ‘Statement of Attainment’) provided by an OLGR approved trainer.

It is important to note that not all trainers delivering RSA training in Queensland have been approved by OLGR and licensees or those organising training must ensure the trainer has been approved. A list of approved trainers is available on the OLGR website.

RMLV

The other mandatory training requirement relates to RMLV training for licensees (if individuals) and approved managers.

Following amendments to the Liquor Act 1992, the position of nominee was replaced by an approved manager from 1 January 2009. It is important to note that an individual licensee cannot be an approved manager.

To become an approved manager, an application is required with the prescribed fee. Approved managers will also have to undertake a police check, have current RMLV and RSA training and have their previous management history of licensed premises scrutinised.

Like RSA training, OLGR has approved certain trainers to deliver the RMLV course. It is important that those responsible for organising training ensure the trainer is approved by OLGR to deliver the RMLV course. A list of approved trainers is available on the OLGR website.

Both certificates for RSA and RMLV are valid for three years and it is the responsibility of both the holder of the certificate and licensee to ensure staff and approved managers working at the premises are in possession of current certificates. Please note, that manager’s approvals are valid for five years but if the RSA and RMLV certificates are not renewed the manager’s approval expires.

Fact sheets on mandatory training and approved managers are available at www.olgr.qld.gov.au by clicking on ‘publications and resources’ then ‘liquor reforms’.

One particular issue that is seen on a regular basis involves money being removed from gaming machines at the end of trade without the required cash clearance procedures being immediately completed, such as the counting of money and completion of the cash clearance report. Instead the money is locked in a secure place and the cash clearance procedures performed at a later date. This practice contravenes the Regulation and is highly undesirable from a control and integrity perspective, increasing the risk of theft or fraudulent activity during the clearance process.

Some licensees have identified pressure from insurance companies, staff/wage constraints and time efficiency as factors contributing to their non compliance, however these are not acceptable reasons for contravening the Regulation.

In some instances licensees are able to demonstrate that there is a need to increase security over coins and notes through a process of removing these from gaming machines at the end of trade, and can also prove that it is impractical to undertake a cash clearance that meets legislative requirements at that time.

Where this is the case, the licensee may seek written approval from OLGR to remove money from gaming machines without immediately completing the cash clearance procedures. Any approval granted is subject to strict conditions that require various processes to be followed and records maintained to ensure an adequate level of control.

Licensees are requested to take this opportunity to review existing cash clearance procedures and controls to ensure that legislative requirements are being met. Penalties of up to $20,000 can apply for non-compliance.

If you would like further information regarding cash clearance procedures, please contact Mr Rod Oaten at OLGR on (07) 3872 0923. If you would like more information on note stacker/coin receptacle removal please contact Mr Glenn Wegener at OLGR on (07) 3872 0857.

QCAT will amalgamate 23 tribunals across government, affecting approximately 160 pieces of legislation. The Commercial and Consumer Tribunal which currently hears liquor and gaming matters (amongst others) and the Racing Appeals Tribunal will become part of the new QCAT with existing tribunal members transferring across to preserve tribunal expertise.

QCAT will be led by a President who is a Supreme Court judge and a Deputy President who is a District Court judge. There will be a core group of full time members as well as sessional and part time members. Members will be either legal practitioners or have a special knowledge or experience of a particular industry or of the relevant matter before the tribunal. Adjudicators will also be appointed with powers to hear certain matters, make directions or conduct alternate dispute resolution.

One of the main benefits of the new QCAT will be standardised processes for most matters before the tribunal which will involve amendments to around 160 Acts. OLGR has been reviewing its liquor, gaming and racing legislation to standardise the approach to reviews and appeals where possible.

In doing so, there will be some changes in the gaming sector with reviews of decisions of the Chief Executive for Gaming and the Queensland Gaming Commission being transferred to QCAT for resolution.

Information about the tribunal and a copy of the proposed Amendment Bills may be obtained from the Department of Justice and Attorney-General’s website at www.tribunalsreview.qld.gov.au

The court heard a complaint that, on March 2008, the licensee contravened the Gaming Machine Act 1991 by failing to make a gaming machine payment in accordance with the rules ancillary to gaming.

The court heard further complaints that between March 2008 and May 2008, the licensee contravened the Act by allowing an unlicensed person to perform gaming duties and by failing to ensure that at least one appropriately licensed person was available to carry out gaming duties.

The director was charged for the same offences as the licensee, as the director was liable under the Act.

Both the licensee and the director pleaded guilty to all charges. The licensee was convicted and fined $1,000, while the director, who was also convicted, was ordered to pay restitution of $1,224.

Both the licensee and the director were ordered to pay costs of court. Convictions were not recorded against either party.

Cancellation of licence

The disciplinary action to cancel Zink Bar and Restaurant’s on-premises (meals) licence came under review by the Commercial and Consumer Tribunal in December 2008.

Investigations conducted by compliance officers from OLGR recommended disciplinary action.

Under the Liquor Act 1992 the tribunal concluded that the grounds for disciplinary action were established. It found the licensee to be in breach of noise conditions, not operating within the primary purpose of the licence, and was not fit and proper to hold an on-premises (meals) licence.

The tribunal ordered that the licence of Zink Bar and Restaurant, be cancelled effective 15 December 2008.

From 2 January 2009

• Doomadgee – two cartons (60 x 375ml cans) of light or mid strength beer

• Pormpuraaw – zero carriage limit

• Hope Vale – one carton (30 x 375ml cans) of light or mid strength beer or 750ml of non-fortifi ed wine

• Yarrabah – one carton (30 x 375ml cans) of light or mid strength beer or 750ml of non-fortifi ed wine.

A new alcohol restricted area has also been declared for the Shire of Cherbourg. From 12 March 2009 Cherbourg will have an alcohol carriage limit of one carton (30 x 375ml cans) of light or mid strength beer. From this date, no other alcohol will be permitted. Alcohol carriage limits apply to individuals and to vehicles (cars, planes or boats) regardless of the number of passengers. Heavy penalties apply for breaching restrictions.

Travelling to North Queensland?

From 1 January 2009, changes have been made to the restricted areas of Doomadgee, Wujal Wujal and Lockhart River to include certain roads and public facilities which were previously excluded from the restricted areas and allow an exemption for bona fide travellers.

Details of the inclusions are as follows:

• Doomadgee - the Savannah Way and the Doomadgee Roadhouse

• Wujal Wujal - the Bloomfield Track, Rossville-Bloomfield Road, a local road leading to the Bloomfield Falls car park and the Bloomfield Falls car park

• Lockhart River - Portland Roads Road and Frenchmen’s Road.

These roads were originally excluded from restricted area regulations as they are major roads that travellers use to reach North Queensland destinations.

However it was found these roads were also allowing illicit alcohol to enter the communities. As a result the roads have been included and a ‘traveller’s exemption’ was introduced whereby travellers can carry more than the allowed amount of alcohol, provided they adhere to the following conditions:

• reverse onus of proof applies so the traveller must be carrying evidence that their destination is not the restricted area – evidence can include a current camping permit or a booking receipt for accommodation outside of the restricted area, or a driver licence with a current address outside of the restricted area

• alcohol must remain secured inside the vehicle and cannot be visible from outside

• vehicles may only stop in emergency circumstances or when attending the Doomadgee Roadhouse or Bloomfield Falls car park.

The Queensland Government is committed to minimising harm from alcohol abuse and associated violence in Indigenous communities and to improving community well-being.

For more information, contact 13 13 04 or visit www.olgr.qld.gov.au and click on ‘Indigenous’.

From February 2009, doctors’ surgeries throughout south-east Queensland received supplies of information brochures distributed by Infomed, a patient information service providing updated health and community messages to patients and doctors. The brochures are available free to patients in waiting rooms and provide Gambling Help services’ contact details together with information on warning signs and responsible gambling tips. A self-help manual, You can control your gambling, is also provided for doctors to pass on to patients who present with gambling-related problems and request help.

The three month pilot program supplied information to approximately 1,500 surgeries in Brisbane, the Gold Coast, Ipswich and the Sunshine Coast.

The sale, which closed at 5pm on 3 December 2008, was conducted by the Public Trustee of Queensland. Gaming machine authorities sold were:

South-East 96

Coastal 67

Western 0

The Community Investment Fund (CIF) received $9,375,193 from the sale.

Details of the average price for the three regions in this and the previous tenders are:

Tender	South East	Coastal	Western
11	$138,781	$  90,457	no sales
10	$149,802	$ 83,375	$52,076
9	$142,985	$  87,733	$50,139
8	$169,221	$  92,971	$65,499
7	$216,948	$113,122	$72,909
6	$283,293	$164,929	$74,966
5	$226,783	$120,382	$68,500
4	$146,800	$  88,543	$48,355
3	$123,955	$  77,659	$30,002
2	$116,238	$  71,900	$13,054
1	$  99,453	$  70,755	$15,260

 

 

 

 

 

 

 

 

 

 

The 12th tender is anticipated to be held in March 2009.

A market-based transfer scheme will be introduced to allow for the movement of gaming machines between clubs and within three Queensland regions under the permanent cap. Clubs will be able to enter into agreements between themselves to transfer the rights to operate gaming machines.

The scheme is currently under development and the club industry will be informed when further details are available.

The website navigation has changed to reflect our new operating environment and community need. The website content is now accessible through the following major functions:

Community – contains content of interest to the general community.

Industry – provides quick access to information on licensing, compliance and technical services.

Grants – click here for information on all OLGR grants.

Responsible Gambling – to find out about our community education programs, research and industry information.

Indigenous – provides information on Indigenous programs, compliance, education and other services for Indigenous communities.

Publications and resources – easy access to the new licensing forms, management signs, reports, statistics, newsletters and fact sheets.

You can also subscribe to our free electronic newsletter, OLGR Update, which will completely replace the current hard copy newsletter.

Check out the changes today at www.olgr.qld.gov.au

Sessions will focus on accurate completion of forms, banking and float controls and appropriate signage.

Dates and locations are as follows:

17 March 2009 Logan City Recreational & Sporting Club, Logan

26 March 2009 Wynnum Manly Leagues Club, Wynnum

23 April 2009 Dicky Beach Surf Club, Dicky Beach

7 May 2009 Toowoomba Motel & Events Centre, Toowoomba

13 May 2009 Kingaroy & District RSL, Kingaroy

27 May 2009 Aspley Australian Football Club, Aspley

For additional information and bookings, please call (07) 3872 0910. Places are limited and where possible, bookings should be received two weeks prior to each session.