Ban on regular glass in licensed premises
Violence at licensed premises, including assaults involving glass, is of significant concern. Banning regular glass products is one of many recent reforms and ideas aimed at preventing future incidents and making our social venues safer.
Who is affected by the ban?
Venues that are categorised as ‘high risk’ will be banned from using regular glass. Where there have been one or more glassing incidents or there has been an unacceptable level of violence at the venue over the last 12 months, the Commissioner for Liquor and Gaming may classify the whole or part of the venue as high risk.
What products are included in the glass ban?
For venues declared as high risk, the ban will apply to all regular glass containers. Regular glass is defined as glass other than tempered or toughened glass. A regular glass container means a container made entirely or partly of regular glass capable of holding a liquid - for example, a drinking glass or bottle.
Under the ban, licensees, during the trading hours of the venue, must not serve liquid in a regular glass container or leave or place a regular glass container in an area to which a patron has access.
How will venues be notified?
Any licensees identified as potentially high risk will be issued a notice.
Should a licensed venue or part of the venue be declared high risk, the licensee will be compelled to convert to non-regular glass products. A reasonable period of time will be allowed for the relevant licensee to source and receive delivery of an alternative to the regular glass product.
More information can be found in the OLGR Guidelines to the ban on use of regular glass (PDF 70 K).
What should I do if I receive a notice?
Licensees receiving a notice will be given 14 days to respond to their proposed categorisation as a high risk venue and should make representations to the Commissioner. The Commissioner will be required to consider the response from the licensee before making any final decision. The Commissioner has released a guideline as to the criteria which will be considered in making a decision.
Should a licensed venue or part of the venue be declared high risk, the licensee will be compelled to convert to non-regular glass products. A reasonable period of time will be allowed for the relevant licensee to source and receive delivery of an alternative to the regular glass product.
If police are called to my premises, does it automatically put us in the high risk category?
No. Licensees should not be reluctant to call the police to respond to disturbances in or near their premises. In fact, the Act imposes an obligation on licensees to provide a safe environment for staff and patrons, and the failure to call police may breach that responsibility.
Police provide reports to OLGR on liquor related incidents, but this does not mean OLGR will issue a notice to a licensee. The information from Police will be assessed and analysed, including whether the actions of the licensee or their staff contributed in any way to the incident.
Do I have a right of appeal?
The decision of the Commissioner on high risk premises declarations cannot be appealed to the Queensland Civil and Administrative Tribunal. The decision may be judicially reviewed only.
Can a high risk declaration be reviewed?
A licensee may apply to have a declaration reviewed one year after the initial declaration.
Contacts
General liquor licence inquiries: phone 13 QGOV (13 74 68)
Liquor licence compliance inquiries: email liquor-compliance-enquiries@olgr.qld.gov.au
Last reviewed 14 March 2013
