{"id":"qld:sl-2002-0212","name":"Liquor Regulation 2002","slug":"liquor-regulation-2002","collection":"regulation","jurisdiction":"qld","status":"in_force","isInForce":true,"actNumber":"212 of 2002","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":175872,"registerId":"qld-qld:sl-2002-0212-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"pt.1","sectionType":"part","heading":"Preliminary","content":"# Preliminary","sortOrder":0},{"sectionNumber":"sec.1","sectionType":"section","heading":"Short title","content":"### sec.1 Short title\n\nThis regulation may be cited as the Liquor Regulation 2002 .","sortOrder":1},{"sectionNumber":"sec.2","sectionType":"section","heading":"Commencement","content":"### sec.2 Commencement\n\nThis regulation commences on 1 September 2002.","sortOrder":2},{"sectionNumber":"sec.3","sectionType":"section","heading":"Definitions","content":"### sec.3 Definitions\n\nThe dictionary in schedule 19 defines particular words used in this regulation.\ns 3 amd 2009 SL No. 272 s 3 ; 2010 Act No. 51 s 50 ; 2014 SL No. 225 s 4","sortOrder":3},{"sectionNumber":"pt.1A","sectionType":"part","heading":"Safe night precincts","content":"# Safe night precincts","sortOrder":4},{"sectionNumber":"sec.3A","sectionType":"section","heading":"Exempt classes of licensees— Act , s 173NB (2)","content":"### sec.3A Exempt classes of licensees— Act , s 173NB (2)\n\nFor section 173NB (2) of the Act , the holders of each of the following are prescribed as an exempt class of licensees—\na commercial hotel licence if the only part of the licensed premises located in the safe night precinct is a detached bottle shop;\na community other licence;\na producer/wholesaler licence;\na subsidiary off-premises licence;\na subsidiary on-premises licence if both of the following apply—\nthe licensed premises are not used primarily as a bar or nightclub;\nthe licensee does not have approval to sell liquor at the licensed premises after 12 midnight on a regular basis.\ns 3A prev s 3A ins 2009 SL No. 272 s 4\nom 2014 SL No. 225 s 5\npres s 3A ins 2014 SL No. 225 s 6\namd 2014 SL No. 319 s 3\n- (a) a commercial hotel licence if the only part of the licensed premises located in the safe night precinct is a detached bottle shop;\n- (b) a community other licence;\n- (c) a producer/wholesaler licence;\n- (d) a subsidiary off-premises licence;\n- (e) a subsidiary on-premises licence if both of the following apply— (i) the licensed premises are not used primarily as a bar or nightclub; (ii) the licensee does not have approval to sell liquor at the licensed premises after 12 midnight on a regular basis.\n- (i) the licensed premises are not used primarily as a bar or nightclub;\n- (ii) the licensee does not have approval to sell liquor at the licensed premises after 12 midnight on a regular basis.\n- (i) the licensed premises are not used primarily as a bar or nightclub;\n- (ii) the licensee does not have approval to sell liquor at the licensed premises after 12 midnight on a regular basis.","sortOrder":5},{"sectionNumber":"sec.3B","sectionType":"section","heading":"Safe night precincts— Act , s 173NC (1)","content":"### sec.3B Safe night precincts— Act , s 173NC (1)\n\nFor section 173NC (1) of the Act , each of the following is prescribed as a safe night precinct—\nthe area marked as a safe night precinct on the map of the Airlie Beach CBD in schedule 2 (the Airlie Beach CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Brisbane CBD in schedule 3 (the Brisbane CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Broadbeach CBD in schedule 4 (the Broadbeach CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Bundaberg CBD in schedule 5 (the Bundaberg CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Cairns CBD in schedule 6 (the Cairns CBD safe night precinct );\nthe area marked as a safe night precinct on the map of Fortitude Valley in schedule 7 (the Fortitude Valley safe night precinct );\nthe area marked as a safe night precinct on the map of the Gladstone CBD in schedule 8 (the Gladstone CBD safe night precinct );\nthe area marked as a safe night precinct on the map of inner west Brisbane in schedule 9 (the Inner West Brisbane safe night precinct );\nthe area marked as a safe night precinct on the map of the Ipswich CBD in schedule 10 (the Ipswich CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Mackay CBD in schedule 11 (the Mackay CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Rockhampton CBD in schedule 12 (the Rockhampton CBD safe night precinct );\nthe areas marked as a safe night precinct on the map of Maroochydore in schedule 13 , part 1 , the map of Mooloolaba in schedule 13 , part 2 and the map of Caloundra in schedule 13 , part 3 (together the Sunshine Coast safe night precinct );\nthe area marked as a safe night precinct on the map of the Surfers Paradise CBD in schedule 14 (the Surfers Paradise CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Toowoomba CBD in schedule 15 (the Toowoomba CBD safe night precinct );\nthe area marked as a safe night precinct on the map of the Townsville CBD in schedule 16 (the Townsville CBD safe night precinct ).\nCopies of the maps mentioned in subsection (1) can be accessed on the Queensland Government website.\nIf the boundary of a safe night precinct on a map in a schedule mentioned in subsection (1) is shown to run along a road casement, the following apply—\nif the road casement is inside the boundary of the safe night precinct—any footpath forming part of the road casement is also inside the boundary of the safe night precinct;\nif the road casement is outside the boundary of the safe night precinct—any footpath forming part of the road casement is also outside the boundary of the safe night precinct.\nAlso, subsections (4) and (5) apply if the boundary of a safe night precinct on a map in a schedule mentioned in subsection (1) is shown to end—\nin, or at the edge of, a waterway; or\nin an ocean; or\non a beach.\nThe boundary of the safe night precinct is taken to be the low-water mark, during ordinary spring tides, at the location mentioned in subsection (3) .\nIf part of a relevant public structure is built on or over water that is inside the boundary of a safe night precinct, the entire structure is taken to be inside the boundary of the precinct, regardless of the structure’s position in relation to the low-water mark.\nIn this section—\nboundary , of a safe night precinct, includes part of the boundary of the precinct.\nfootpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians.\nrelevant public structure means a structure that may be used by the public in connection with a waterway or ocean, but does not include a bridge.\nferry terminal, jetty, walkway\ns 3B prev s 3B ins 2010 Act No. 51 s 51\nsub 2011 SL No. 147 s 3\nom 2014 SL No. 225 s 5\npres s 3B ins 2014 SL No. 225 s 6\namd 2014 SL No. 319 s 4\n(sec.3B-ssec.1) For section 173NC (1) of the Act , each of the following is prescribed as a safe night precinct— the area marked as a safe night precinct on the map of the Airlie Beach CBD in schedule 2 (the Airlie Beach CBD safe night precinct ); the area marked as a safe night precinct on the map of the Brisbane CBD in schedule 3 (the Brisbane CBD safe night precinct ); the area marked as a safe night precinct on the map of the Broadbeach CBD in schedule 4 (the Broadbeach CBD safe night precinct ); the area marked as a safe night precinct on the map of the Bundaberg CBD in schedule 5 (the Bundaberg CBD safe night precinct ); the area marked as a safe night precinct on the map of the Cairns CBD in schedule 6 (the Cairns CBD safe night precinct ); the area marked as a safe night precinct on the map of Fortitude Valley in schedule 7 (the Fortitude Valley safe night precinct ); the area marked as a safe night precinct on the map of the Gladstone CBD in schedule 8 (the Gladstone CBD safe night precinct ); the area marked as a safe night precinct on the map of inner west Brisbane in schedule 9 (the Inner West Brisbane safe night precinct ); the area marked as a safe night precinct on the map of the Ipswich CBD in schedule 10 (the Ipswich CBD safe night precinct ); the area marked as a safe night precinct on the map of the Mackay CBD in schedule 11 (the Mackay CBD safe night precinct ); the area marked as a safe night precinct on the map of the Rockhampton CBD in schedule 12 (the Rockhampton CBD safe night precinct ); the areas marked as a safe night precinct on the map of Maroochydore in schedule 13 , part 1 , the map of Mooloolaba in schedule 13 , part 2 and the map of Caloundra in schedule 13 , part 3 (together the Sunshine Coast safe night precinct ); the area marked as a safe night precinct on the map of the Surfers Paradise CBD in schedule 14 (the Surfers Paradise CBD safe night precinct ); the area marked as a safe night precinct on the map of the Toowoomba CBD in schedule 15 (the Toowoomba CBD safe night precinct ); the area marked as a safe night precinct on the map of the Townsville CBD in schedule 16 (the Townsville CBD safe night precinct ). Copies of the maps mentioned in subsection (1) can be accessed on the Queensland Government website.\n(sec.3B-ssec.2) If the boundary of a safe night precinct on a map in a schedule mentioned in subsection (1) is shown to run along a road casement, the following apply— if the road casement is inside the boundary of the safe night precinct—any footpath forming part of the road casement is also inside the boundary of the safe night precinct; if the road casement is outside the boundary of the safe night precinct—any footpath forming part of the road casement is also outside the boundary of the safe night precinct.\n(sec.3B-ssec.3) Also, subsections (4) and (5) apply if the boundary of a safe night precinct on a map in a schedule mentioned in subsection (1) is shown to end— in, or at the edge of, a waterway; or in an ocean; or on a beach.\n(sec.3B-ssec.4) The boundary of the safe night precinct is taken to be the low-water mark, during ordinary spring tides, at the location mentioned in subsection (3) .\n(sec.3B-ssec.5) If part of a relevant public structure is built on or over water that is inside the boundary of a safe night precinct, the entire structure is taken to be inside the boundary of the precinct, regardless of the structure’s position in relation to the low-water mark.\n(sec.3B-ssec.6) In this section— boundary , of a safe night precinct, includes part of the boundary of the precinct. footpath means an area open to the public that is designated for, or has as 1 of its main uses, use by pedestrians. relevant public structure means a structure that may be used by the public in connection with a waterway or ocean, but does not include a bridge. ferry terminal, jetty, walkway\n- (a) the area marked as a safe night precinct on the map of the Airlie Beach CBD in schedule 2 (the Airlie Beach CBD safe night precinct );\n- (b) the area marked as a safe night precinct on the map of the Brisbane CBD in schedule 3 (the Brisbane CBD safe night precinct );\n- (c) the area marked as a safe night precinct on the map of the Broadbeach CBD in schedule 4 (the Broadbeach CBD safe night precinct );\n- (d) the area marked as a safe night precinct on the map of the Bundaberg CBD in schedule 5 (the Bundaberg CBD safe night precinct );\n- (e) the area marked as a safe night precinct on the map of the Cairns CBD in schedule 6 (the Cairns CBD safe night precinct );\n- (f) the area marked as a safe night precinct on the map of Fortitude Valley in schedule 7 (the Fortitude Valley safe night precinct );\n- (g) the area marked as a safe night precinct on the map of the Gladstone CBD in schedule 8 (the Gladstone CBD safe night precinct );\n- (h) the area marked as a safe night precinct on the map of inner west Brisbane in schedule 9 (the Inner West Brisbane safe night precinct );\n- (i) the area marked as a safe night precinct on the map of the Ipswich CBD in schedule 10 (the Ipswich CBD safe night precinct );\n- (j) the area marked as a safe night precinct on the map of the Mackay CBD in schedule 11 (the Mackay CBD safe night precinct );\n- (k) the area marked as a safe night precinct on the map of the Rockhampton CBD in schedule 12 (the Rockhampton CBD safe night precinct );\n- (l) the areas marked as a safe night precinct on the map of Maroochydore in schedule 13 , part 1 , the map of Mooloolaba in schedule 13 , part 2 and the map of Caloundra in schedule 13 , part 3 (together the Sunshine Coast safe night precinct );\n- (m) the area marked as a safe night precinct on the map of the Surfers Paradise CBD in schedule 14 (the Surfers Paradise CBD safe night precinct );\n- (n) the area marked as a safe night precinct on the map of the Toowoomba CBD in schedule 15 (the Toowoomba CBD safe night precinct );\n- (o) the area marked as a safe night precinct on the map of the Townsville CBD in schedule 16 (the Townsville CBD safe night precinct ).\n- (a) if the road casement is inside the boundary of the safe night precinct—any footpath forming part of the road casement is also inside the boundary of the safe night precinct;\n- (b) if the road casement is outside the boundary of the safe night precinct—any footpath forming part of the road casement is also outside the boundary of the safe night precinct.\n- (a) in, or at the edge of, a waterway; or\n- (b) in an ocean; or\n- (c) on a beach.","sortOrder":6},{"sectionNumber":"sec.3C","sectionType":"section","heading":"Local boards— Act , s 173NC (2)","content":"### sec.3C Local boards— Act , s 173NC (2)\n\nFor section 173NC (2) of the Act , each incorporated association mentioned in column 1 of schedule 17 is prescribed to be the local board for the safe night precinct mentioned in column 2 of the schedule opposite the incorporated association.\ns 3C ins 2014 SL No. 225 s 6","sortOrder":7},{"sectionNumber":"sec.3D","sectionType":"section","heading":"Name of local board","content":"### sec.3D Name of local board\n\nThe name of a local board for a safe night precinct—\nmust include—\nthe words ‘safe night’ and ‘precinct’; and\na reference to the area of the safe night precinct for which the board is prescribed; and\nmust not include words suggesting the local board has a purpose other than as the local board for the safe night precinct.\nHowever, the name of a local board need not include the words ‘local board’.\nSafe Night Sunshine Coast Precinct Inc\nSee the Associations Incorporation Act 1981 , part 4 for other provisions that apply in relation to the name of a local board.\ns 3D ins 2014 SL No. 225 s 6\n(sec.3D-ssec.1) The name of a local board for a safe night precinct— must include— the words ‘safe night’ and ‘precinct’; and a reference to the area of the safe night precinct for which the board is prescribed; and must not include words suggesting the local board has a purpose other than as the local board for the safe night precinct.\n(sec.3D-ssec.2) However, the name of a local board need not include the words ‘local board’. Safe Night Sunshine Coast Precinct Inc See the Associations Incorporation Act 1981 , part 4 for other provisions that apply in relation to the name of a local board.\n- (a) must include— (i) the words ‘safe night’ and ‘precinct’; and (ii) a reference to the area of the safe night precinct for which the board is prescribed; and\n- (i) the words ‘safe night’ and ‘precinct’; and\n- (ii) a reference to the area of the safe night precinct for which the board is prescribed; and\n- (b) must not include words suggesting the local board has a purpose other than as the local board for the safe night precinct.\n- (i) the words ‘safe night’ and ‘precinct’; and\n- (ii) a reference to the area of the safe night precinct for which the board is prescribed; and","sortOrder":8},{"sectionNumber":"sec.3E","sectionType":"section","heading":"Prescribed rules— Act , s 173NQ (1)","content":"### sec.3E Prescribed rules— Act , s 173NQ (1)\n\nFor section 173NQ (1) of the Act , the rules stated in schedule 18 are prescribed as rules for a local board for a safe night precinct.\ns 3E ins 2014 SL No. 225 s 6","sortOrder":9},{"sectionNumber":"sec.3EA","sectionType":"section","heading":null,"content":"### Section sec.3EA\n\ns 3EA ins 2016 SL No. 231 s 4\nom 2017 Act No. 5 s 24 (retro)","sortOrder":10},{"sectionNumber":"pt.1B","sectionType":"part","heading":"ID scanning","content":"# ID scanning","sortOrder":11},{"sectionNumber":"sec.3F","sectionType":"section","heading":"Exempt class— Act , s 173EE","content":"### sec.3F Exempt class— Act , s 173EE\n\nFor section 173EE of the Act , definition exempt class , the following classes of licence are prescribed—\na commercial special facility licence if the principal activity of the business conducted under the licence is—\na casino; or\na convention centre;\na subsidiary on-premises licence (meals);\na subsidiary on-premises licence if the principal activity of the business conducted under the licence is the provision of accommodation;\na community club licence.\ns 3F ins 2014 SL No. 318 s 4\namd 2019 SL No. 235 s 3\n- (a) a commercial special facility licence if the principal activity of the business conducted under the licence is— (i) a casino; or (ii) a convention centre;\n- (i) a casino; or\n- (ii) a convention centre;\n- (b) a subsidiary on-premises licence (meals);\n- (c) a subsidiary on-premises licence if the principal activity of the business conducted under the licence is the provision of accommodation;\n- (d) a community club licence.\n- (i) a casino; or\n- (ii) a convention centre;","sortOrder":12},{"sectionNumber":"sec.3FA","sectionType":"section","heading":"Prescribed conditions of licence for regulated premises— Act , s 58A","content":"### sec.3FA Prescribed conditions of licence for regulated premises— Act , s 58A\n\nFor section 58A of the Act , each of subsections (2) to (7) prescribes a condition of a licence for regulated premises.\nThe licensee must ensure that at all times while there is approved ID scanning equipment on the premises—\nthe equipment is physically secure; and\nreasonable measures are taken to ensure there is no unauthorised physical or electronic access to the equipment.\nThe licensee must immediately give the licensee’s approved operator written notice of any incident the licensee becomes aware of that impacts, or could impact, on the integrity, security or performance of the approved ID scanning equipment that is on the premises.\nThe licensee must ensure the service or repair of approved ID scanning equipment that is on the premises is done only by or through the licensee’s approved operator.\nThe licensee must prepare, implement and keep up to date a privacy management plan stating how the licensee will comply with the Privacy Act 1988 (Cwlth) in relation to the protection of personal information recorded by an approved ID scanner operated in the premises.\nThe licensee must—\nconsider any written breach of privacy complaint by a patron, received by or for the licensee, for example, by an employee of the licensee or a crowd controller engaged by the licensee; and\ngive the commissioner written notice of the complaint, that also outlines the complaint, within 14 days after the complaint is received by or for the licensee.\nA regulated car park for the premises is declared not to be regulated premises for part 6AA , division 2 of the Act , other than on the days, and during the hours, stated in a car park approval granted in relation to the regulated car park.\nIn this section—\napproved ID scanning equipment means—\nan approved ID scanner; or\nequipment mentioned in section 173EE of the Act , definition ID scanning system , paragraph (b) that is part of an approved ID scanning system.\nlicensee’s approved operator , in relation to approved ID scanning equipment, means the approved operator for the approved ID scanning system to which the equipment relates.\nbreach of privacy complaint means a complaint by a patron of the premises about an alleged breach of privacy, relating to the patron, by the licensee or an employee or agent of the licensee.\ns 3FA ins 2017 SL No. 91 s 4\namd 2018 SL No. 41 s 3\n(sec.3FA-ssec.1) For section 58A of the Act , each of subsections (2) to (7) prescribes a condition of a licence for regulated premises.\n(sec.3FA-ssec.2) The licensee must ensure that at all times while there is approved ID scanning equipment on the premises— the equipment is physically secure; and reasonable measures are taken to ensure there is no unauthorised physical or electronic access to the equipment.\n(sec.3FA-ssec.3) The licensee must immediately give the licensee’s approved operator written notice of any incident the licensee becomes aware of that impacts, or could impact, on the integrity, security or performance of the approved ID scanning equipment that is on the premises.\n(sec.3FA-ssec.4) The licensee must ensure the service or repair of approved ID scanning equipment that is on the premises is done only by or through the licensee’s approved operator.\n(sec.3FA-ssec.5) The licensee must prepare, implement and keep up to date a privacy management plan stating how the licensee will comply with the Privacy Act 1988 (Cwlth) in relation to the protection of personal information recorded by an approved ID scanner operated in the premises.\n(sec.3FA-ssec.6) The licensee must— consider any written breach of privacy complaint by a patron, received by or for the licensee, for example, by an employee of the licensee or a crowd controller engaged by the licensee; and give the commissioner written notice of the complaint, that also outlines the complaint, within 14 days after the complaint is received by or for the licensee.\n(sec.3FA-ssec.7) A regulated car park for the premises is declared not to be regulated premises for part 6AA , division 2 of the Act , other than on the days, and during the hours, stated in a car park approval granted in relation to the regulated car park.\n(sec.3FA-ssec.8) In this section— approved ID scanning equipment means— an approved ID scanner; or equipment mentioned in section 173EE of the Act , definition ID scanning system , paragraph (b) that is part of an approved ID scanning system. licensee’s approved operator , in relation to approved ID scanning equipment, means the approved operator for the approved ID scanning system to which the equipment relates. breach of privacy complaint means a complaint by a patron of the premises about an alleged breach of privacy, relating to the patron, by the licensee or an employee or agent of the licensee.\n- (a) the equipment is physically secure; and\n- (b) reasonable measures are taken to ensure there is no unauthorised physical or electronic access to the equipment.\n- (a) consider any written breach of privacy complaint by a patron, received by or for the licensee, for example, by an employee of the licensee or a crowd controller engaged by the licensee; and\n- (b) give the commissioner written notice of the complaint, that also outlines the complaint, within 14 days after the complaint is received by or for the licensee.\n- (a) an approved ID scanner; or\n- (b) equipment mentioned in section 173EE of the Act , definition ID scanning system , paragraph (b) that is part of an approved ID scanning system.","sortOrder":13},{"sectionNumber":"pt.1C","sectionType":"part","heading":"Identified organisations","content":"# Identified organisations","sortOrder":14},{"sectionNumber":"sec.3G","sectionType":"section","heading":"Entities declared to be identified organisations","content":"### sec.3G Entities declared to be identified organisations\n\nFor section 173EAA (1) of the Act , the following entities are declared to be identified organisations—\nthe entity known as the Mongrel Mob\nthe motorcycle club known as the Bandidos\nthe motorcycle club known as the Black Uhlans\nthe motorcycle club known as the Coffin Cheaters\nthe motorcycle club known as the Comancheros\nthe motorcycle club known as the Finks\nthe motorcycle club known as the Fourth Reich\nthe motorcycle club known as the Gladiators\nthe motorcycle club known as the Gypsy Jokers\nthe motorcycle club known as the Hells Angels\nthe motorcycle club known as the Highway 61\nthe motorcycle club known as the Iron Horsemen\nthe motorcycle club known as the Life and Death\nthe motorcycle club known as the Lone Wolf\nthe motorcycle club known as the Mobshitters\nthe motorcycle club known as the Mongols\nthe motorcycle club known as the Muslim Brotherhood Movement\nthe motorcycle club known as the Nomads\nthe motorcycle club known as the Notorious\nthe motorcycle club known as the Odins Warriors\nthe motorcycle club known as the Outcasts\nthe motorcycle club known as the Outlaws\nthe motorcycle club known as the Phoenix\nthe motorcycle club known as the Rebels\nthe motorcycle club known as the Red Devils\nthe motorcycle club known as the Renegades\nthe motorcycle club known as Satudarah\nthe motorcycle club known as the Scorpions\nDespite the Acts Interpretation Act 1954 , section 35 , a reference to an entity in subsection (1) includes all state, national and international chapters of the entity.\ns 3G ins 2016 Act No. 62 s 218\namd 2018 SL No. 71 s 3 ; 2018 SL No. 111 s 3\n(sec.3G-ssec.1) For section 173EAA (1) of the Act , the following entities are declared to be identified organisations— the entity known as the Mongrel Mob the motorcycle club known as the Bandidos the motorcycle club known as the Black Uhlans the motorcycle club known as the Coffin Cheaters the motorcycle club known as the Comancheros the motorcycle club known as the Finks the motorcycle club known as the Fourth Reich the motorcycle club known as the Gladiators the motorcycle club known as the Gypsy Jokers the motorcycle club known as the Hells Angels the motorcycle club known as the Highway 61 the motorcycle club known as the Iron Horsemen the motorcycle club known as the Life and Death the motorcycle club known as the Lone Wolf the motorcycle club known as the Mobshitters the motorcycle club known as the Mongols the motorcycle club known as the Muslim Brotherhood Movement the motorcycle club known as the Nomads the motorcycle club known as the Notorious the motorcycle club known as the Odins Warriors the motorcycle club known as the Outcasts the motorcycle club known as the Outlaws the motorcycle club known as the Phoenix the motorcycle club known as the Rebels the motorcycle club known as the Red Devils the motorcycle club known as the Renegades the motorcycle club known as Satudarah the motorcycle club known as the Scorpions\n(sec.3G-ssec.2) Despite the Acts Interpretation Act 1954 , section 35 , a reference to an entity in subsection (1) includes all state, national and international chapters of the entity.\n- • the entity known as the Mongrel Mob\n- • the motorcycle club known as the Bandidos\n- • the motorcycle club known as the Black Uhlans\n- • the motorcycle club known as the Coffin Cheaters\n- • the motorcycle club known as the Comancheros\n- • the motorcycle club known as the Finks\n- • the motorcycle club known as the Fourth Reich\n- • the motorcycle club known as the Gladiators\n- • the motorcycle club known as the Gypsy Jokers\n- • the motorcycle club known as the Hells Angels\n- • the motorcycle club known as the Highway 61\n- • the motorcycle club known as the Iron Horsemen\n- • the motorcycle club known as the Life and Death\n- • the motorcycle club known as the Lone Wolf\n- • the motorcycle club known as the Mobshitters\n- • the motorcycle club known as the Mongols\n- • the motorcycle club known as the Muslim Brotherhood Movement\n- • the motorcycle club known as the Nomads\n- • the motorcycle club known as the Notorious\n- • the motorcycle club known as the Odins Warriors\n- • the motorcycle club known as the Outcasts\n- • the motorcycle club known as the Outlaws\n- • the motorcycle club known as the Phoenix\n- • the motorcycle club known as the Rebels\n- • the motorcycle club known as the Red Devils\n- • the motorcycle club known as the Renegades\n- • the motorcycle club known as Satudarah\n- • the motorcycle club known as the Scorpions","sortOrder":15},{"sectionNumber":"pt.2","sectionType":"part","heading":"Requirements relating to various applications","content":"# Requirements relating to various applications","sortOrder":16},{"sectionNumber":"sec.4","sectionType":"section","heading":"Particulars to accompany applications relating to licences— Act , s 105 (1) (c)","content":"### sec.4 Particulars to accompany applications relating to licences— Act , s 105 (1) (c)\n\nEach application for a licence must be accompanied by the following particulars—\na plan of the premises to which the application relates drawn to a scale of 1:100 showing the general layout of the premises;\na plan showing the location of the premises to which the application relates in relation to adjacent premises;\nfor an applicant who is an individual, evidence, satisfactory to the commissioner, of the applicant’s identity;\nevidence, satisfactory to the commissioner, that using the premises for the licence to which the application refers is permitted under the planning scheme of the relevant local government for the premises;\nevidence, satisfactory to the commissioner, that sanitary conveniences at the premises comply with the provisions of the Building Code of Australia relating to sanitary premises.\nEach of the following applications must be accompanied by the particulars stated for the application—\nfor an application for a commercial hotel licence, or a subsidiary on-premises licence, for which the principal activity of the business conducted under the licence is the provision of meals prepared, and served to be eaten, on the licensed premises—a typical menu of the meals;\nfor an application for a licence other than a community club licence, a community other licence or a producer/wholesaler licence—a description of the general nature and character of the premises to which the application relates;\nfor an application for a licence relating to premises on land—\na copy of the registered plan of survey for the land; and\na copy of the certificate of title for the land or other reasonable evidence, satisfactory to the commissioner, of the description of the land and identity of the registered owner or lessor of the land; and\na description of each proposed licensed area on the premises;\nfor an application for a licence relating to premises where entertainment is to be provided—\ndetails of the type and nature of the entertainment; and\na written assessment about the expected acoustic qualities of the proposed premises;\nfor an application for a transfer of a licence if the transferee is an individual—evidence, satisfactory to the commissioner, of the transferee’s identity;\nfor an application for a transfer of a producer/wholesaler licence—a copy of the licensee’s transactions record for the period from the immediately preceding 1 July, or the day the licensee obtained the licence, whichever is later, to the day on which the application is made.\nDespite subsection (2) (d) , the commissioner may require an applicant for a licence to give the commissioner a report about the acoustic qualities of premises when the premises are completed if noise from any source is, or is likely to be made, at a level in excess of 75dB(C) fast response when measured about 3m from the source.\nAn assessment or report about the expected acoustic qualities, or acoustic qualities, of premises must—\nbe made by a person who has qualifications, training or experience in providing assessments or reports about the acoustic qualities of premises; and\nstate the person’s qualifications, training or experience.\nIn this section—\nBuilding Code of Australia see the Building Act 1975 , section 12 .\ns 4 amd 2008 SL No. 29 s 4 ; 2008 SL No. 418 s 4 ; 2012 SL No. 248 ss 17 – 18\n(sec.4-ssec.1) Each application for a licence must be accompanied by the following particulars— a plan of the premises to which the application relates drawn to a scale of 1:100 showing the general layout of the premises; a plan showing the location of the premises to which the application relates in relation to adjacent premises; for an applicant who is an individual, evidence, satisfactory to the commissioner, of the applicant’s identity; evidence, satisfactory to the commissioner, that using the premises for the licence to which the application refers is permitted under the planning scheme of the relevant local government for the premises; evidence, satisfactory to the commissioner, that sanitary conveniences at the premises comply with the provisions of the Building Code of Australia relating to sanitary premises.\n(sec.4-ssec.2) Each of the following applications must be accompanied by the particulars stated for the application— for an application for a commercial hotel licence, or a subsidiary on-premises licence, for which the principal activity of the business conducted under the licence is the provision of meals prepared, and served to be eaten, on the licensed premises—a typical menu of the meals; for an application for a licence other than a community club licence, a community other licence or a producer/wholesaler licence—a description of the general nature and character of the premises to which the application relates; for an application for a licence relating to premises on land— a copy of the registered plan of survey for the land; and a copy of the certificate of title for the land or other reasonable evidence, satisfactory to the commissioner, of the description of the land and identity of the registered owner or lessor of the land; and a description of each proposed licensed area on the premises; for an application for a licence relating to premises where entertainment is to be provided— details of the type and nature of the entertainment; and a written assessment about the expected acoustic qualities of the proposed premises; for an application for a transfer of a licence if the transferee is an individual—evidence, satisfactory to the commissioner, of the transferee’s identity; for an application for a transfer of a producer/wholesaler licence—a copy of the licensee’s transactions record for the period from the immediately preceding 1 July, or the day the licensee obtained the licence, whichever is later, to the day on which the application is made.\n(sec.4-ssec.3) Despite subsection (2) (d) , the commissioner may require an applicant for a licence to give the commissioner a report about the acoustic qualities of premises when the premises are completed if noise from any source is, or is likely to be made, at a level in excess of 75dB(C) fast response when measured about 3m from the source.\n(sec.4-ssec.4) An assessment or report about the expected acoustic qualities, or acoustic qualities, of premises must— be made by a person who has qualifications, training or experience in providing assessments or reports about the acoustic qualities of premises; and state the person’s qualifications, training or experience.\n(sec.4-ssec.5) In this section— Building Code of Australia see the Building Act 1975 , section 12 .\n- (a) a plan of the premises to which the application relates drawn to a scale of 1:100 showing the general layout of the premises;\n- (b) a plan showing the location of the premises to which the application relates in relation to adjacent premises;\n- (c) for an applicant who is an individual, evidence, satisfactory to the commissioner, of the applicant’s identity;\n- (d) evidence, satisfactory to the commissioner, that using the premises for the licence to which the application refers is permitted under the planning scheme of the relevant local government for the premises;\n- (e) evidence, satisfactory to the commissioner, that sanitary conveniences at the premises comply with the provisions of the Building Code of Australia relating to sanitary premises.\n- (a) for an application for a commercial hotel licence, or a subsidiary on-premises licence, for which the principal activity of the business conducted under the licence is the provision of meals prepared, and served to be eaten, on the licensed premises—a typical menu of the meals;\n- (b) for an application for a licence other than a community club licence, a community other licence or a producer/wholesaler licence—a description of the general nature and character of the premises to which the application relates;\n- (c) for an application for a licence relating to premises on land— (i) a copy of the registered plan of survey for the land; and (ii) a copy of the certificate of title for the land or other reasonable evidence, satisfactory to the commissioner, of the description of the land and identity of the registered owner or lessor of the land; and (iii) a description of each proposed licensed area on the premises;\n- (i) a copy of the registered plan of survey for the land; and\n- (ii) a copy of the certificate of title for the land or other reasonable evidence, satisfactory to the commissioner, of the description of the land and identity of the registered owner or lessor of the land; and\n- (iii) a description of each proposed licensed area on the premises;\n- (d) for an application for a licence relating to premises where entertainment is to be provided— (i) details of the type and nature of the entertainment; and (ii) a written assessment about the expected acoustic qualities of the proposed premises;\n- (i) details of the type and nature of the entertainment; and\n- (ii) a written assessment about the expected acoustic qualities of the proposed premises;\n- (e) for an application for a transfer of a licence if the transferee is an individual—evidence, satisfactory to the commissioner, of the transferee’s identity;\n- (f) for an application for a transfer of a producer/wholesaler licence—a copy of the licensee’s transactions record for the period from the immediately preceding 1 July, or the day the licensee obtained the licence, whichever is later, to the day on which the application is made.\n- (i) a copy of the registered plan of survey for the land; and\n- (ii) a copy of the certificate of title for the land or other reasonable evidence, satisfactory to the commissioner, of the description of the land and identity of the registered owner or lessor of the land; and\n- (iii) a description of each proposed licensed area on the premises;\n- (i) details of the type and nature of the entertainment; and\n- (ii) a written assessment about the expected acoustic qualities of the proposed premises;\n- (a) be made by a person who has qualifications, training or experience in providing assessments or reports about the acoustic qualities of premises; and\n- (b) state the person’s qualifications, training or experience.","sortOrder":17},{"sectionNumber":"sec.5","sectionType":"section","heading":"Timing for making applications","content":"### sec.5 Timing for making applications\n\nAn application for any of the following must be made at least 21 days before the day stated in the application as the day on which the approval, permit or variation is proposed to take effect—\na car park approval;\na community liquor permit;\na craft beer producer permit;\nan extended hours permit;\na restricted liquor permit;\na temporary variation of trading hours or licence conditions for 1 occasion or event;\nan artisan spirits producer permit.\nAn application for a commercial public event permit must be made at least 28 days before the day stated in the application as the day on which the permit is proposed to take effect.\nAn application for an adult entertainment permit for 1 occasion must be made at least 8 weeks before the day stated in the application as the day on which the permit is proposed to take effect.\ns 5 amd 2008 SL No. 418 s 5 ; 2016 SL No. 147 s 4 ; 2021 SL No. 35 s 4\n(sec.5-ssec.1) An application for any of the following must be made at least 21 days before the day stated in the application as the day on which the approval, permit or variation is proposed to take effect— a car park approval; a community liquor permit; a craft beer producer permit; an extended hours permit; a restricted liquor permit; a temporary variation of trading hours or licence conditions for 1 occasion or event; an artisan spirits producer permit.\n(sec.5-ssec.2) An application for a commercial public event permit must be made at least 28 days before the day stated in the application as the day on which the permit is proposed to take effect.\n(sec.5-ssec.3) An application for an adult entertainment permit for 1 occasion must be made at least 8 weeks before the day stated in the application as the day on which the permit is proposed to take effect.\n- (a) a car park approval;\n- (b) a community liquor permit;\n- (c) a craft beer producer permit;\n- (d) an extended hours permit;\n- (e) a restricted liquor permit;\n- (f) a temporary variation of trading hours or licence conditions for 1 occasion or event;\n- (g) an artisan spirits producer permit.","sortOrder":18},{"sectionNumber":"sec.6","sectionType":"section","heading":null,"content":"### Section sec.6\n\ns 6 om 2008 SL No. 418 s 6","sortOrder":19},{"sectionNumber":"pt.3","sectionType":"part","heading":"Detached bottle shops","content":"# Detached bottle shops","sortOrder":20},{"sectionNumber":"sec.7","sectionType":"section","heading":"Circumstances in which commissioner may approve premises as detached bottle shop","content":"### sec.7 Circumstances in which commissioner may approve premises as detached bottle shop\n\nThe commissioner may approve premises, as mentioned in section 60 (1) (d) of the Act , only if—\nthe applicant is the licensee of licensed premises (the main licensed premises ); and\nthe proposed detached bottle shop—\nis not more than 10km by road from the main licensed premises; and\nhas a floor area of not more than 150m 2 ; and\ndoes not have direct access from any other business premises; and\nhas direct access from a public place; and\ndoes not have a facility ordinarily known as a drive-in or drive through; and\nthe applicant has no more than 2 detached bottle shops for the main licensed premises; and\nthe applicant satisfies the commissioner that—\nconducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and\nonly the applicant has a right to occupy—\nif the detached bottle shop will occupy the entire premises—the premises; or\nif the detached bottle shop will occupy only part of the premises—the part of the premises; and\nthe same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and\nthe applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and\nthe licensee’s principal place of business will be the main licensed premises.\nFor subsection (1) (b) (i) , a proposed detached bottle shop is not more than 10km by road from the main licensed premises if either of the following distances is 10km or less—\nthe distance measured between—\nthe place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and\nthe place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises;\nthe distance measured between—\nthe place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and\nthe place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop.\nA distance mentioned in subsection (2) must be measured using the shortest route that may be taken driving a motor vehicle in compliance with the relevant laws of the State and local laws.\nSubsection (1) (b) (i) does not apply if the applicant satisfies the commissioner that—\nthe proposed detached bottle shop will—\nbe in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and\nprimarily service the residents of the locality; and\nbecause of the locality’s population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop.\na small rural community more than 10km from the nearest premises from which takeaway liquor is sold to the public\nSubsection (6) applies if the proposed detached bottle shop will occupy only a part of the premises and there is a condition in the applicant’s tenancy agreement for the part of the premises that the owner of the premises will not grant anyone else the right to occupy another part of the premises as a detached bottle shop.\nThe applicant must satisfy the commissioner that the applicant did not ask the owner to include the condition in the agreement.\ns 7 amd 2008 SL No. 418 s 7 ; 2012 SL No. 248 s 18 ; 2013 SL No. 34 s 3\n(sec.7-ssec.1) The commissioner may approve premises, as mentioned in section 60 (1) (d) of the Act , only if— the applicant is the licensee of licensed premises (the main licensed premises ); and the proposed detached bottle shop— is not more than 10km by road from the main licensed premises; and has a floor area of not more than 150m 2 ; and does not have direct access from any other business premises; and has direct access from a public place; and does not have a facility ordinarily known as a drive-in or drive through; and the applicant has no more than 2 detached bottle shops for the main licensed premises; and the applicant satisfies the commissioner that— conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and only the applicant has a right to occupy— if the detached bottle shop will occupy the entire premises—the premises; or if the detached bottle shop will occupy only part of the premises—the part of the premises; and the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and the licensee’s principal place of business will be the main licensed premises.\n(sec.7-ssec.2) For subsection (1) (b) (i) , a proposed detached bottle shop is not more than 10km by road from the main licensed premises if either of the following distances is 10km or less— the distance measured between— the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; the distance measured between— the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop.\n(sec.7-ssec.3) A distance mentioned in subsection (2) must be measured using the shortest route that may be taken driving a motor vehicle in compliance with the relevant laws of the State and local laws.\n(sec.7-ssec.4) Subsection (1) (b) (i) does not apply if the applicant satisfies the commissioner that— the proposed detached bottle shop will— be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and primarily service the residents of the locality; and because of the locality’s population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop. a small rural community more than 10km from the nearest premises from which takeaway liquor is sold to the public\n(sec.7-ssec.5) Subsection (6) applies if the proposed detached bottle shop will occupy only a part of the premises and there is a condition in the applicant’s tenancy agreement for the part of the premises that the owner of the premises will not grant anyone else the right to occupy another part of the premises as a detached bottle shop.\n(sec.7-ssec.6) The applicant must satisfy the commissioner that the applicant did not ask the owner to include the condition in the agreement.\n- (a) the applicant is the licensee of licensed premises (the main licensed premises ); and\n- (b) the proposed detached bottle shop— (i) is not more than 10km by road from the main licensed premises; and (ii) has a floor area of not more than 150m 2 ; and (iii) does not have direct access from any other business premises; and (iv) has direct access from a public place; and (v) does not have a facility ordinarily known as a drive-in or drive through; and\n- (i) is not more than 10km by road from the main licensed premises; and\n- (ii) has a floor area of not more than 150m 2 ; and\n- (iii) does not have direct access from any other business premises; and\n- (iv) has direct access from a public place; and\n- (v) does not have a facility ordinarily known as a drive-in or drive through; and\n- (c) the applicant has no more than 2 detached bottle shops for the main licensed premises; and\n- (d) the applicant satisfies the commissioner that— (i) conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and (ii) only the applicant has a right to occupy— (A) if the detached bottle shop will occupy the entire premises—the premises; or (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and (iii) the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and (iv) the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and (v) the licensee’s principal place of business will be the main licensed premises.\n- (i) conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and\n- (ii) only the applicant has a right to occupy— (A) if the detached bottle shop will occupy the entire premises—the premises; or (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and\n- (A) if the detached bottle shop will occupy the entire premises—the premises; or\n- (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and\n- (iii) the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and\n- (iv) the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and\n- (v) the licensee’s principal place of business will be the main licensed premises.\n- (i) is not more than 10km by road from the main licensed premises; and\n- (ii) has a floor area of not more than 150m 2 ; and\n- (iii) does not have direct access from any other business premises; and\n- (iv) has direct access from a public place; and\n- (v) does not have a facility ordinarily known as a drive-in or drive through; and\n- (i) conducting the proposed detached bottle shop on the premises is permitted under the planning scheme of the relevant local government for the premises; and\n- (ii) only the applicant has a right to occupy— (A) if the detached bottle shop will occupy the entire premises—the premises; or (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and\n- (A) if the detached bottle shop will occupy the entire premises—the premises; or\n- (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and\n- (iii) the same person or entity will have the financial benefit of the proposed detached bottle shop and the business conducted at the main licensed premises; and\n- (iv) the applicant will conduct the proposed detached bottle shop under the same business name as the business conducted at the main licensed premises; and\n- (v) the licensee’s principal place of business will be the main licensed premises.\n- (A) if the detached bottle shop will occupy the entire premises—the premises; or\n- (B) if the detached bottle shop will occupy only part of the premises—the part of the premises; and\n- (a) the distance measured between— (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises;\n- (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and\n- (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises;\n- (b) the distance measured between— (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop.\n- (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and\n- (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop.\n- (i) the place of egress by road from the land on which the main licensed premises is located that is closest to the proposed detached bottle shop; and\n- (ii) the place of ingress by road to the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises;\n- (i) the place of egress by road from the land on which the premises is located that is, or includes, the proposed detached bottle shop that is closest to the main licensed premises; and\n- (ii) the place of ingress by road to the land on which the main licensed premises is located that is closest to the proposed detached bottle shop.\n- (a) the proposed detached bottle shop will— (i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and (ii) primarily service the residents of the locality; and\n- (i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and\n- (ii) primarily service the residents of the locality; and\n- (b) because of the locality’s population or projected population, the locality is not likely to attract the establishment of licensed premises other than a detached bottle shop.\n- (i) be in a locality in which there is no licensed premises at which liquor is sold for consumption off the premises; and\n- (ii) primarily service the residents of the locality; and","sortOrder":21},{"sectionNumber":"sec.8","sectionType":"section","heading":"Obligation to conduct business at detached bottle shop if no review","content":"### sec.8 Obligation to conduct business at detached bottle shop if no review\n\nThis section applies if—\na licensee applies to the commissioner for approval under section 60 (1) (d) of the Act to sell liquor on premises; and\nthe commissioner grants the approval; and\nno application is made for a review of the commissioner’s decision to grant the approval.\nThe licensee must start to conduct business under the approval within 60 days after the last day on which an application for a review of the commissioner’s decision to grant the approval may be made.\nIf the licensee fails to comply with subsection (2) , the approval lapses at the end of 60 days after the last day on which an application for a review of the commissioner’s decision to grant the approval may be made.\ns 8 amd 2004 SL No. 103 s 3 sch; 2008 SL No. 418 s 8 ; 2009 SL No. 94 s 4 ; 2009 Act No. 24 s 633 ; 2012 SL No. 248 ss 18 – 19\n(sec.8-ssec.1) This section applies if— a licensee applies to the commissioner for approval under section 60 (1) (d) of the Act to sell liquor on premises; and the commissioner grants the approval; and no application is made for a review of the commissioner’s decision to grant the approval.\n(sec.8-ssec.2) The licensee must start to conduct business under the approval within 60 days after the last day on which an application for a review of the commissioner’s decision to grant the approval may be made.\n(sec.8-ssec.3) If the licensee fails to comply with subsection (2) , the approval lapses at the end of 60 days after the last day on which an application for a review of the commissioner’s decision to grant the approval may be made.\n- (a) a licensee applies to the commissioner for approval under section 60 (1) (d) of the Act to sell liquor on premises; and\n- (b) the commissioner grants the approval; and\n- (c) no application is made for a review of the commissioner’s decision to grant the approval.","sortOrder":22},{"sectionNumber":"sec.9","sectionType":"section","heading":"Obligation to conduct business at detached bottle shop after review","content":"### sec.9 Obligation to conduct business at detached bottle shop after review\n\nThis section applies if—\na licensee applies to the commissioner for approval under section 60 (1) (d) of the Act to sell liquor on premises; and\nan application has been made for a review of the commissioner’s decision to grant the approval; and\nthe tribunal’s decision allows the licensee to start conducting business on the premises.\nThe licensee must start to conduct the business within 90 days after the licensee receives a copy of the tribunal’s decision.\nIf the licensee fails to comply with subsection (2) , the approval lapses at the end of 90 days after the licensee receives the copy of the tribunal’s decision.\ns 9 amd 2008 SL No. 418 s 9 ; 2009 SL No. 94 s 5 ; 2009 Act No. 24 s 634 ; 2012 SL No. 248 ss 18 – 19\n(sec.9-ssec.1) This section applies if— a licensee applies to the commissioner for approval under section 60 (1) (d) of the Act to sell liquor on premises; and an application has been made for a review of the commissioner’s decision to grant the approval; and the tribunal’s decision allows the licensee to start conducting business on the premises.\n(sec.9-ssec.2) The licensee must start to conduct the business within 90 days after the licensee receives a copy of the tribunal’s decision.\n(sec.9-ssec.3) If the licensee fails to comply with subsection (2) , the approval lapses at the end of 90 days after the licensee receives the copy of the tribunal’s decision.\n- (a) a licensee applies to the commissioner for approval under section 60 (1) (d) of the Act to sell liquor on premises; and\n- (b) an application has been made for a review of the commissioner’s decision to grant the approval; and\n- (c) the tribunal’s decision allows the licensee to start conducting business on the premises.","sortOrder":23},{"sectionNumber":"sec.10","sectionType":"section","heading":"Particulars to be displayed on detached bottle shop","content":"### sec.10 Particulars to be displayed on detached bottle shop\n\nSection 143 of the Act applies to the licensee of a detached bottle shop as if the detached bottle shop were the main licensed premises.","sortOrder":24},{"sectionNumber":"sec.11","sectionType":"section","heading":"Prescription of amount and circumstances for consumption of liquor at a detached bottle shop— Act , s 60 (1) (d) (ii)","content":"### sec.11 Prescription of amount and circumstances for consumption of liquor at a detached bottle shop— Act , s 60 (1) (d) (ii)\n\nFor section 60 (1) (d) (ii) of the Act , the holder of a commercial hotel licence with an approval for a detached bottle shop may supply liquor for consumption at the detached bottle shop only if—\nthe supply is for persons to sample the liquor; and\nno charge is made for the liquor.\ns 11 amd 2008 SL No. 418 s 10\n- (a) the supply is for persons to sample the liquor; and\n- (b) no charge is made for the liquor.","sortOrder":25},{"sectionNumber":"sec.12","sectionType":"section","heading":"Application for relocation of detached bottle shop— Act , s 154A","content":"### sec.12 Application for relocation of detached bottle shop— Act , s 154A\n\nThe following must accompany an application for approval for the relocation of a detached bottle shop—\nevidence, satisfactory to the commissioner, that using the proposed premises as a detached bottle shop is permitted under the planning scheme of the relevant local government for the premises;\nthe fee prescribed in schedule 1 for the application.\ns 12 amd 2004 SL No. 103 s 3 sch; 2012 SL No. 248 s 18 ; 2013 SL No. 34 s 4\n- (a) evidence, satisfactory to the commissioner, that using the proposed premises as a detached bottle shop is permitted under the planning scheme of the relevant local government for the premises;\n- (b) the fee prescribed in schedule 1 for the application.","sortOrder":26},{"sectionNumber":"sec.13","sectionType":"section","heading":"Decision by commissioner for application under s 12","content":"### sec.13 Decision by commissioner for application under s 12\n\nIf the commissioner approves the application under section 12 , the approval is subject to conditions specified by the commissioner in the approval.\nIf the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\nThe written notice must comply with the tribunal Act , section 157 (2) .\ns 13 amd 2009 Act No. 24 s 635 ; 2012 SL No. 248 s 18\n(sec.13-ssec.1) If the commissioner approves the application under section 12 , the approval is subject to conditions specified by the commissioner in the approval.\n(sec.13-ssec.2) If the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\n(sec.13-ssec.3) The written notice must comply with the tribunal Act , section 157 (2) .","sortOrder":27},{"sectionNumber":"sec.14","sectionType":"section","heading":"Joint application for transfer of detached bottle shop— Act , s 154B","content":"### sec.14 Joint application for transfer of detached bottle shop— Act , s 154B\n\nA joint application for approval of a transfer of a detached bottle shop must be made in the approved form.\nSee section 154B (2) of the Act .\nThe joint application must be accompanied by—\na copy of the assignment of the lease of, or new agreement for the use of, the premises; and\nthe fee prescribed in schedule 1 for the application.\ns 14 amd 2012 SL No. 248 s 18\n(sec.14-ssec.1) A joint application for approval of a transfer of a detached bottle shop must be made in the approved form. See section 154B (2) of the Act .\n(sec.14-ssec.2) The joint application must be accompanied by— a copy of the assignment of the lease of, or new agreement for the use of, the premises; and the fee prescribed in schedule 1 for the application.\n- (a) a copy of the assignment of the lease of, or new agreement for the use of, the premises; and\n- (b) the fee prescribed in schedule 1 for the application.","sortOrder":28},{"sectionNumber":"sec.15","sectionType":"section","heading":"Decision by commissioner for application under s 14","content":"### sec.15 Decision by commissioner for application under s 14\n\nIf the commissioner approves the joint application, the approval is subject to conditions specified by the commissioner in the approval.\nIf the commissioner refuses the joint application, the commissioner must as soon as practicable give each applicant written notice of the refusal.\nThe written notice must comply with the tribunal Act , section 157 (2) .\ns 15 amd 2009 Act No. 24 s 636 ; 2012 SL No. 248 s 18\n(sec.15-ssec.1) If the commissioner approves the joint application, the approval is subject to conditions specified by the commissioner in the approval.\n(sec.15-ssec.2) If the commissioner refuses the joint application, the commissioner must as soon as practicable give each applicant written notice of the refusal.\n(sec.15-ssec.3) The written notice must comply with the tribunal Act , section 157 (2) .","sortOrder":29},{"sectionNumber":"pt.4","sectionType":"part","heading":"Community club licences and other premises","content":"# Community club licences and other premises","sortOrder":30},{"sectionNumber":"sec.16","sectionType":"section","heading":"Definition for pt 4","content":"### sec.16 Definition for pt 4\n\nIn this part—\nother premises see section 77 (2) of the Act .\ns 16 def other premises amd 2008 SL No. 418 s 12","sortOrder":31},{"sectionNumber":"sec.17","sectionType":"section","heading":"Application for inclusion of, or change to, statement about other premises— Act , s 154C","content":"### sec.17 Application for inclusion of, or change to, statement about other premises— Act , s 154C\n\nThis section applies to a licensee’s application mentioned in section 154C of the Act for the inclusion of, or change to, a statement in a community club licence that the licensed premises includes other premises.\nThe application must be made in the approved form and be accompanied by—\na statement about the events for which the premises will be used infrequently, including, for example, home games or training sessions; and\nevidence, satisfactory to the commissioner, of the licensee’s ownership of, or legal right to occupy, the other premises; and\na description of the area proposed for the sale and consumption of liquor on the other premises for the events; and\na statement about the hours for sale and consumption of liquor on the other premises for the events; and\na statement about the nature of noise that will be made at the area described under paragraph (c) , including, for example, noise from a public address system or playing recorded music for the events; and\na plan of the site for the events, with details of the facilities that are to be provided, including, for example, car parking, fencing, food and drink stations, lighting, security stations and toilets; and\na statement about how many persons are expected to attend the events, and the expected range of ages of the persons; and\narrangements for liquor service at the events; and\narrangements for security at the events; and\nthe fee prescribed in schedule 1 for the application.\nIn this section—\narrangements for liquor service includes—\nhow the licensee will decide the number of staff to be employed in the service of liquor and how the staff are to be trained in the responsible service of alcohol; and\nhow the purchase of liquor is to be made by persons attending events, including, for example, whether ticketing is to be used; and\nthe type of containers to be used for dispensing liquor; and\nhours a manager will be on duty and the names of persons who are to be on duty as managers.\narrangements for security includes the number of persons to be used for security purposes and their proposed location and role.\ns 17 amd 2008 SL No. 418 s 13 ; 2012 SL No. 248 s 18\n(sec.17-ssec.1) This section applies to a licensee’s application mentioned in section 154C of the Act for the inclusion of, or change to, a statement in a community club licence that the licensed premises includes other premises.\n(sec.17-ssec.2) The application must be made in the approved form and be accompanied by— a statement about the events for which the premises will be used infrequently, including, for example, home games or training sessions; and evidence, satisfactory to the commissioner, of the licensee’s ownership of, or legal right to occupy, the other premises; and a description of the area proposed for the sale and consumption of liquor on the other premises for the events; and a statement about the hours for sale and consumption of liquor on the other premises for the events; and a statement about the nature of noise that will be made at the area described under paragraph (c) , including, for example, noise from a public address system or playing recorded music for the events; and a plan of the site for the events, with details of the facilities that are to be provided, including, for example, car parking, fencing, food and drink stations, lighting, security stations and toilets; and a statement about how many persons are expected to attend the events, and the expected range of ages of the persons; and arrangements for liquor service at the events; and arrangements for security at the events; and the fee prescribed in schedule 1 for the application.\n(sec.17-ssec.3) In this section— arrangements for liquor service includes— how the licensee will decide the number of staff to be employed in the service of liquor and how the staff are to be trained in the responsible service of alcohol; and how the purchase of liquor is to be made by persons attending events, including, for example, whether ticketing is to be used; and the type of containers to be used for dispensing liquor; and hours a manager will be on duty and the names of persons who are to be on duty as managers. arrangements for security includes the number of persons to be used for security purposes and their proposed location and role.\n- (a) a statement about the events for which the premises will be used infrequently, including, for example, home games or training sessions; and\n- (b) evidence, satisfactory to the commissioner, of the licensee’s ownership of, or legal right to occupy, the other premises; and\n- (c) a description of the area proposed for the sale and consumption of liquor on the other premises for the events; and\n- (d) a statement about the hours for sale and consumption of liquor on the other premises for the events; and\n- (e) a statement about the nature of noise that will be made at the area described under paragraph (c) , including, for example, noise from a public address system or playing recorded music for the events; and\n- (f) a plan of the site for the events, with details of the facilities that are to be provided, including, for example, car parking, fencing, food and drink stations, lighting, security stations and toilets; and\n- (g) a statement about how many persons are expected to attend the events, and the expected range of ages of the persons; and\n- (h) arrangements for liquor service at the events; and\n- (i) arrangements for security at the events; and\n- (j) the fee prescribed in schedule 1 for the application.\n- (a) how the licensee will decide the number of staff to be employed in the service of liquor and how the staff are to be trained in the responsible service of alcohol; and\n- (b) how the purchase of liquor is to be made by persons attending events, including, for example, whether ticketing is to be used; and\n- (c) the type of containers to be used for dispensing liquor; and\n- (d) hours a manager will be on duty and the names of persons who are to be on duty as managers.","sortOrder":32},{"sectionNumber":"sec.18","sectionType":"section","heading":"Decision by commissioner for application under s 17","content":"### sec.18 Decision by commissioner for application under s 17\n\nIf the commissioner approves the application, the approval is subject to conditions specified by the commissioner in the approval.\nIf the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\nThe written notice must comply with the tribunal Act , section 157 (2) .\ns 18 amd 2009 Act No. 24 s 637 ; 2012 SL No. 248 s 18\n(sec.18-ssec.1) If the commissioner approves the application, the approval is subject to conditions specified by the commissioner in the approval.\n(sec.18-ssec.2) If the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\n(sec.18-ssec.3) The written notice must comply with the tribunal Act , section 157 (2) .","sortOrder":33},{"sectionNumber":"sec.19","sectionType":"section","heading":"Obligation for licensee to display copy of licence at other premises","content":"### sec.19 Obligation for licensee to display copy of licence at other premises\n\nA licensee must, during every period the licensee is authorised to sell liquor on other premises, have a legible copy of the licensee’s licence—\non display in a conspicuous place on the other premises; or\navailable for inspection by an investigator.\nMaximum penalty—25 penalty units.\n- (a) on display in a conspicuous place on the other premises; or\n- (b) available for inspection by an investigator.","sortOrder":34},{"sectionNumber":"pt.5","sectionType":"part","heading":"Alteration of licensed premises","content":"# Alteration of licensed premises","sortOrder":35},{"sectionNumber":"pt.5-div.1","sectionType":"division","heading":"General","content":"## General","sortOrder":36},{"sectionNumber":"sec.20","sectionType":"section","heading":"Definitions for pt 5","content":"### sec.20 Definitions for pt 5\n\nIn this part—\noccasion approval means an approval under section 24 for a specified change for an event or occasion to be held at the premises whether the event or occasion is to be held—\non 1 day; or\non more than 1 day but on consecutive days; or\non more than 1 day other than consecutive days.\nspecified change see section 21 (1) .\n- (a) on 1 day; or\n- (b) on more than 1 day but on consecutive days; or\n- (c) on more than 1 day other than consecutive days.","sortOrder":37},{"sectionNumber":"sec.21","sectionType":"section","heading":"Application of part to applications for alteration of licensed premises","content":"### sec.21 Application of part to applications for alteration of licensed premises\n\nThis part applies to an application for an approval, as mentioned in section 154 of the Act , to alter, rebuild, change or increase the area of the licensee’s licensed premises (a specified change ).\nThe application must be in the approved form and made by—\nfor a specified change to the licensed premises if the licensee is the owner of the premises—the licensee; or\nfor a specified change to the licensed premises if the licensee is not the owner of the premises—the owner and the licensee; or\nfor a specified change to a detached bottle shop—the licensee; or\nfor a specified change to other premises included in a community club licence—the owner of the other premises and the licensee.\nThe application must be accompanied by—\na written description of the specified change; and\nevidence of the real property description of the land on which the licensed premises are, or are to be, located; and\nif the specified change is that an area (the new area ), not part of the licensed premises, is to be included in the licensed premises, evidence, satisfactory to the commissioner, of the licensee’s ownership of, or legal right to occupy, the new area; and\n2 copies of a plan of the premises drawn to a scale of 1:100 showing the specified change; and\ndetails of the nature of any entertainment that is, or is to be, provided on the licensed premises; and\nthe fee prescribed in schedule 1 for the application.\nIf, after considering the application the commissioner considers there is, or is likely to be, a material change relating to the provision of entertainment on the licensed premises, the commissioner may, by written notice, require the applicant to provide a written assessment of the expected acoustic qualities of the premises.\nA written assessment of the expected acoustic qualities of premises must—\nbe made by a person who has qualifications, training or experience in providing assessments of the acoustic qualities of premises; and\nstate the person’s qualifications, training or experience.\nIn this section—\nother premises see section 77 (2) of the Act .\ns 21 amd 2008 SL No. 418 s 14 ; 2012 SL No. 248 s 18\n(sec.21-ssec.1) This part applies to an application for an approval, as mentioned in section 154 of the Act , to alter, rebuild, change or increase the area of the licensee’s licensed premises (a specified change ).\n(sec.21-ssec.2) The application must be in the approved form and made by— for a specified change to the licensed premises if the licensee is the owner of the premises—the licensee; or for a specified change to the licensed premises if the licensee is not the owner of the premises—the owner and the licensee; or for a specified change to a detached bottle shop—the licensee; or for a specified change to other premises included in a community club licence—the owner of the other premises and the licensee.\n(sec.21-ssec.3) The application must be accompanied by— a written description of the specified change; and evidence of the real property description of the land on which the licensed premises are, or are to be, located; and if the specified change is that an area (the new area ), not part of the licensed premises, is to be included in the licensed premises, evidence, satisfactory to the commissioner, of the licensee’s ownership of, or legal right to occupy, the new area; and 2 copies of a plan of the premises drawn to a scale of 1:100 showing the specified change; and details of the nature of any entertainment that is, or is to be, provided on the licensed premises; and the fee prescribed in schedule 1 for the application.\n(sec.21-ssec.4) If, after considering the application the commissioner considers there is, or is likely to be, a material change relating to the provision of entertainment on the licensed premises, the commissioner may, by written notice, require the applicant to provide a written assessment of the expected acoustic qualities of the premises.\n(sec.21-ssec.5) A written assessment of the expected acoustic qualities of premises must— be made by a person who has qualifications, training or experience in providing assessments of the acoustic qualities of premises; and state the person’s qualifications, training or experience.\n(sec.21-ssec.6) In this section— other premises see section 77 (2) of the Act .\n- (a) for a specified change to the licensed premises if the licensee is the owner of the premises—the licensee; or\n- (b) for a specified change to the licensed premises if the licensee is not the owner of the premises—the owner and the licensee; or\n- (c) for a specified change to a detached bottle shop—the licensee; or\n- (d) for a specified change to other premises included in a community club licence—the owner of the other premises and the licensee.\n- (a) a written description of the specified change; and\n- (b) evidence of the real property description of the land on which the licensed premises are, or are to be, located; and\n- (c) if the specified change is that an area (the new area ), not part of the licensed premises, is to be included in the licensed premises, evidence, satisfactory to the commissioner, of the licensee’s ownership of, or legal right to occupy, the new area; and\n- (d) 2 copies of a plan of the premises drawn to a scale of 1:100 showing the specified change; and\n- (e) details of the nature of any entertainment that is, or is to be, provided on the licensed premises; and\n- (f) the fee prescribed in schedule 1 for the application.\n- (a) be made by a person who has qualifications, training or experience in providing assessments of the acoustic qualities of premises; and\n- (b) state the person’s qualifications, training or experience.","sortOrder":38},{"sectionNumber":"pt.5-div.2","sectionType":"division","heading":"Applications other than applications for an occasion approval","content":"## Applications other than applications for an occasion approval","sortOrder":39},{"sectionNumber":"sec.22","sectionType":"section","heading":"Decision by commissioner for application under s 21 other than application for an occasion approval","content":"### sec.22 Decision by commissioner for application under s 21 other than application for an occasion approval\n\nThis section applies to an application for an approval under section 154 of the Act for a specified change, other than an application for an occasion approval.\nIf the commissioner approves the application, the approval is subject to the completion of any specified change within 2 years after the date of the approval.\nThe approval is also subject to conditions specified by the commissioner in the approval.\nThe specified change must be completed in accordance with the plans approved by the commissioner.\nThe applicant must obtain all stated approvals or certifications, for use of the premises as licensed premises, as required under an Act other than the Act , including, for example, development approval under the Planning Act .\nThe completed premises must have the acoustic qualities stated in the approval.\nIf the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\nThe written notice must comply with the tribunal Act , section 157 (2) .\ns 22 amd 2003 SL No. 167 s 3 ; 2009 Act No. 24 s 638 ; 2009 SL No. 280 s 89 ; 2012 SL No. 248 s 18 ; 2017 SL No. 103 s 69\n(sec.22-ssec.1) This section applies to an application for an approval under section 154 of the Act for a specified change, other than an application for an occasion approval.\n(sec.22-ssec.2) If the commissioner approves the application, the approval is subject to the completion of any specified change within 2 years after the date of the approval.\n(sec.22-ssec.3) The approval is also subject to conditions specified by the commissioner in the approval. The specified change must be completed in accordance with the plans approved by the commissioner. The applicant must obtain all stated approvals or certifications, for use of the premises as licensed premises, as required under an Act other than the Act , including, for example, development approval under the Planning Act . The completed premises must have the acoustic qualities stated in the approval.\n(sec.22-ssec.4) If the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\n(sec.22-ssec.5) The written notice must comply with the tribunal Act , section 157 (2) .\n- 1 The specified change must be completed in accordance with the plans approved by the commissioner.\n- 2 The applicant must obtain all stated approvals or certifications, for use of the premises as licensed premises, as required under an Act other than the Act , including, for example, development approval under the Planning Act .\n- 3 The completed premises must have the acoustic qualities stated in the approval.","sortOrder":40},{"sectionNumber":"sec.23","sectionType":"section","heading":"Production of licence after completion of specified change other than under an occasion approval","content":"### sec.23 Production of licence after completion of specified change other than under an occasion approval\n\nThis section applies if a licensee’s application as mentioned in section 22 (1) is approved.\nAfter completing the specified change under the approval, the licensee must give the commissioner the licensee’s licence for the licensed premises.\nThe commissioner must issue a new licence to the applicant with the altered, rebuilt, changed or increased area of the licensed premises only if the commissioner is reasonably satisfied the applicant complied with all the conditions to which the approval was subject.\nTo remove any doubt, it is declared that if an area is not part of licensed premises but is the subject of an approval under section 22 , the licensee must not use the area as licensed premises until a licence is issued under subsection (2) that includes the area as part of the licensed premises.\ns 23 amd 2012 SL No. 248 s 18\n(sec.23-ssec.1) This section applies if a licensee’s application as mentioned in section 22 (1) is approved.\n(sec.23-ssec.2) After completing the specified change under the approval, the licensee must give the commissioner the licensee’s licence for the licensed premises.\n(sec.23-ssec.3) The commissioner must issue a new licence to the applicant with the altered, rebuilt, changed or increased area of the licensed premises only if the commissioner is reasonably satisfied the applicant complied with all the conditions to which the approval was subject.\n(sec.23-ssec.4) To remove any doubt, it is declared that if an area is not part of licensed premises but is the subject of an approval under section 22 , the licensee must not use the area as licensed premises until a licence is issued under subsection (2) that includes the area as part of the licensed premises.","sortOrder":41},{"sectionNumber":"pt.5-div.3","sectionType":"division","heading":"Applications for an occasion approval","content":"## Applications for an occasion approval","sortOrder":42},{"sectionNumber":"sec.24","sectionType":"section","heading":"Decision by commissioner for application under s 21 for an occasion approval","content":"### sec.24 Decision by commissioner for application under s 21 for an occasion approval\n\nThis section applies to an application for an occasion approval.\nIf the commissioner approves the application, the commissioner must give the applicant a written approval stating the day or days, and the hours, to which the approval applies, and any conditions applying to the approval.\nIf the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\nThe written notice must comply with the tribunal Act , section 157 (2) .\ns 24 amd 2009 Act No. 24 s 639 ; 2012 SL No. 248 s 18\n(sec.24-ssec.1) This section applies to an application for an occasion approval.\n(sec.24-ssec.2) If the commissioner approves the application, the commissioner must give the applicant a written approval stating the day or days, and the hours, to which the approval applies, and any conditions applying to the approval.\n(sec.24-ssec.3) If the commissioner refuses the application, the commissioner must as soon as practicable give the applicant written notice of the refusal.\n(sec.24-ssec.4) The written notice must comply with the tribunal Act , section 157 (2) .","sortOrder":43},{"sectionNumber":"pt.6","sectionType":"part","heading":"Obligations of licensees and permittees","content":"# Obligations of licensees and permittees","sortOrder":44},{"sectionNumber":"sec.24A","sectionType":"section","heading":"Volume of individual samples— Act , s 74A","content":"### sec.24A Volume of individual samples— Act , s 74A\n\nFor section 74A (7) (b) of the Act , the volume is 150ml.\ns 24A ins 2021 SL No. 35 s 5","sortOrder":45},{"sectionNumber":"sec.24B","sectionType":"section","heading":"Volume of individual samples— Act , s 74B","content":"### sec.24B Volume of individual samples— Act , s 74B\n\nFor section 74B (7) (b) of the Act , the volume is 15ml.\ns 24B ins 2021 SL No. 35 s 5","sortOrder":46},{"sectionNumber":"sec.24C","sectionType":"section","heading":"Volume of individual samples— Act , s 75H","content":"### sec.24C Volume of individual samples— Act , s 75H\n\nFor section 75H (4) (b) of the Act , the volume is 150ml.\ns 24C ins 2021 SL No. 35 s 5","sortOrder":47},{"sectionNumber":"sec.24D","sectionType":"section","heading":"Volume of individual samples— Act , s 75I","content":"### sec.24D Volume of individual samples— Act , s 75I\n\nFor section 75I (4) (b) of the Act , the volume is 15ml.\ns 24D ins 2021 SL No. 35 s 5","sortOrder":48},{"sectionNumber":"sec.24E","sectionType":"section","heading":"Volume of individual samples— Act , s 103ZA","content":"### sec.24E Volume of individual samples— Act , s 103ZA\n\nFor section 103ZA (2) (b) of the Act , the volume is 150ml.\ns 24E ins 2021 SL No. 35 s 5","sortOrder":49},{"sectionNumber":"sec.24F","sectionType":"section","heading":"Volume of individual samples— Act , s 103ZF","content":"### sec.24F Volume of individual samples— Act , s 103ZF\n\nFor section 103ZF (2) (b) of the Act , the volume is 15ml.\ns 24F ins 2021 SL No. 35 s 5","sortOrder":50},{"sectionNumber":"sec.24G","sectionType":"section","heading":"Particulars for returns— Act , s 203","content":"### sec.24G Particulars for returns— Act , s 203\n\nThis section prescribes, for section 203 (3) and (4) of the Act , the particulars for a return.\nFor a producer/wholesaler licence the licensee for which attended a promotional event during the licence period to sell liquor at the event, the particulars are—\nthe name of the event; and\nthe date of the event; and\na copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and\nthe value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and\nthe value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\nFor an artisan producer licence the particulars are—\nthe quantity of liquor, expressed in litres, produced at the licensed premises during the licence period; and\nthe value of the total sales by the licensee of liquor produced at the licensed premises during the licence period; and\nthe value of the total sales by the licensee of liquor produced other than at the licensed premises during the licence period; and\nif the licensee is a corporation—\nwho owns the corporation’s shares; and\nwho may cast votes, or on whose behalf votes may be cast, at the corporation’s general meetings; and\nif the licensee is a corporation—the quantity, expressed in litres, of liquor produced during the licence period by each entity that—\nowns at least 20% of the corporation’s shares; or\nmay cast at least 20% of the votes at the corporation’s general meetings; and\nif the licensee attended a promotional event during the licence period to sell liquor at the event—\nthe name of the event; and\nthe date of the event; and\na copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and\nthe value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and\nthe value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\ns 24G ins 2021 SL No. 35 s 5\n(sec.24G-ssec.1) This section prescribes, for section 203 (3) and (4) of the Act , the particulars for a return.\n(sec.24G-ssec.2) For a producer/wholesaler licence the licensee for which attended a promotional event during the licence period to sell liquor at the event, the particulars are— the name of the event; and the date of the event; and a copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and the value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and the value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\n(sec.24G-ssec.3) For an artisan producer licence the particulars are— the quantity of liquor, expressed in litres, produced at the licensed premises during the licence period; and the value of the total sales by the licensee of liquor produced at the licensed premises during the licence period; and the value of the total sales by the licensee of liquor produced other than at the licensed premises during the licence period; and if the licensee is a corporation— who owns the corporation’s shares; and who may cast votes, or on whose behalf votes may be cast, at the corporation’s general meetings; and if the licensee is a corporation—the quantity, expressed in litres, of liquor produced during the licence period by each entity that— owns at least 20% of the corporation’s shares; or may cast at least 20% of the votes at the corporation’s general meetings; and if the licensee attended a promotional event during the licence period to sell liquor at the event— the name of the event; and the date of the event; and a copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and the value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and the value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\n- (a) the name of the event; and\n- (b) the date of the event; and\n- (c) a copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and\n- (d) the value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and\n- (e) the value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\n- (a) the quantity of liquor, expressed in litres, produced at the licensed premises during the licence period; and\n- (b) the value of the total sales by the licensee of liquor produced at the licensed premises during the licence period; and\n- (c) the value of the total sales by the licensee of liquor produced other than at the licensed premises during the licence period; and\n- (d) if the licensee is a corporation— (i) who owns the corporation’s shares; and (ii) who may cast votes, or on whose behalf votes may be cast, at the corporation’s general meetings; and\n- (i) who owns the corporation’s shares; and\n- (ii) who may cast votes, or on whose behalf votes may be cast, at the corporation’s general meetings; and\n- (e) if the licensee is a corporation—the quantity, expressed in litres, of liquor produced during the licence period by each entity that— (i) owns at least 20% of the corporation’s shares; or (ii) may cast at least 20% of the votes at the corporation’s general meetings; and\n- (i) owns at least 20% of the corporation’s shares; or\n- (ii) may cast at least 20% of the votes at the corporation’s general meetings; and\n- (f) if the licensee attended a promotional event during the licence period to sell liquor at the event— (i) the name of the event; and (ii) the date of the event; and (iii) a copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and (iv) the value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and (v) the value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\n- (i) the name of the event; and\n- (ii) the date of the event; and\n- (iii) a copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and\n- (iv) the value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and\n- (v) the value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.\n- (i) who owns the corporation’s shares; and\n- (ii) who may cast votes, or on whose behalf votes may be cast, at the corporation’s general meetings; and\n- (i) owns at least 20% of the corporation’s shares; or\n- (ii) may cast at least 20% of the votes at the corporation’s general meetings; and\n- (i) the name of the event; and\n- (ii) the date of the event; and\n- (iii) a copy of the written consent of the organiser of the promotional event for the licensee to sell liquor at the event; and\n- (iv) the value of the total sales of liquor sold at all promotional events during the licence period for consumption away from the event; and\n- (v) the value of the total sales of liquor sold at all promotional events during the licence period for consumption at the event for the purpose of sampling the liquor.","sortOrder":51},{"sectionNumber":"sec.25","sectionType":"section","heading":"Particulars required in transactions record for producer/wholesaler licence— Act , s 217 (2) (b) (i)","content":"### sec.25 Particulars required in transactions record for producer/wholesaler licence— Act , s 217 (2) (b) (i)\n\nFor section 217 of the Act , the particulars that a transactions record for a licensee who holds a producer/wholesaler licence must contain are as follows—\nthe quantity of liquor, expressed in litres, acquired or supplied by the licensee in each of the following categories—\nlow strength beer;\nmedium strength beer;\nheavy strength beer;\nbrewed products other than beer, including, for example, brewed alcoholic lemonade and cider;\nfortified wine in bottles;\nfortified wine in casks;\nfortified wine in bulk;\nwine, other than fortified wine, in bottles;\nwine, other than fortified wine, in casks;\nwine, other than fortified wine, in bulk;\nwine mixed with other beverages;\nfermented products other than wine or fortified wine, including for example, sake or wine based soda;\nspirits mixed with other beverages;\nspirits that are not mixed with other beverages;\nany other liquor mixed with other beverages;\nfor each supply of liquor—the name of the person to whom the liquor was supplied and the number of the person’s licence or permit.\nIn this section—\nbottle means a bottle with a capacity of not more than 1.5L.\nbulk , for an acquisition or supply of wine or fortified wine, means an acquisition or supply of wine—\nin a container with a capacity of more than 20L; or\nfor bottling elsewhere or for blending with another wine.\ncask means a container with a capacity of 2L or more but not more than 20L.\nfortified wine includes frontignac, madeira, marsala, muscat, port, sherry and tokay.\nheavy strength beer means beer in which the alcohol content by volume is 4% or more.\nlow strength beer means beer in which the alcohol content by volume is less than 3%.\nmedium strength beer means beer in which the alcohol content by volume is 3% or more but less than 4%.\nsupplied includes sold.\ns 25 amd 2008 SL No. 418 s 15\n(sec.25-ssec.1) For section 217 of the Act , the particulars that a transactions record for a licensee who holds a producer/wholesaler licence must contain are as follows— the quantity of liquor, expressed in litres, acquired or supplied by the licensee in each of the following categories— low strength beer; medium strength beer; heavy strength beer; brewed products other than beer, including, for example, brewed alcoholic lemonade and cider; fortified wine in bottles; fortified wine in casks; fortified wine in bulk; wine, other than fortified wine, in bottles; wine, other than fortified wine, in casks; wine, other than fortified wine, in bulk; wine mixed with other beverages; fermented products other than wine or fortified wine, including for example, sake or wine based soda; spirits mixed with other beverages; spirits that are not mixed with other beverages; any other liquor mixed with other beverages; for each supply of liquor—the name of the person to whom the liquor was supplied and the number of the person’s licence or permit.\n(sec.25-ssec.2) In this section— bottle means a bottle with a capacity of not more than 1.5L. bulk , for an acquisition or supply of wine or fortified wine, means an acquisition or supply of wine— in a container with a capacity of more than 20L; or for bottling elsewhere or for blending with another wine. cask means a container with a capacity of 2L or more but not more than 20L. fortified wine includes frontignac, madeira, marsala, muscat, port, sherry and tokay. heavy strength beer means beer in which the alcohol content by volume is 4% or more. low strength beer means beer in which the alcohol content by volume is less than 3%. medium strength beer means beer in which the alcohol content by volume is 3% or more but less than 4%. supplied includes sold.\n- (a) the quantity of liquor, expressed in litres, acquired or supplied by the licensee in each of the following categories— (i) low strength beer; (ii) medium strength beer; (iii) heavy strength beer; (iv) brewed products other than beer, including, for example, brewed alcoholic lemonade and cider; (v) fortified wine in bottles; (vi) fortified wine in casks; (vii) fortified wine in bulk; (viii) wine, other than fortified wine, in bottles; (ix) wine, other than fortified wine, in casks; (x) wine, other than fortified wine, in bulk; (xi) wine mixed with other beverages; (xii) fermented products other than wine or fortified wine, including for example, sake or wine based soda; (xiii) spirits mixed with other beverages; (xiv) spirits that are not mixed with other beverages; (xv) any other liquor mixed with other beverages;\n- (i) low strength beer;\n- (ii) medium strength beer;\n- (iii) heavy strength beer;\n- (iv) brewed products other than beer, including, for example, brewed alcoholic lemonade and cider;\n- (v) fortified wine in bottles;\n- (vi) fortified wine in casks;\n- (vii) fortified wine in bulk;\n- (viii) wine, other than fortified wine, in bottles;\n- (ix) wine, other than fortified wine, in casks;\n- (x) wine, other than fortified wine, in bulk;\n- (xi) wine mixed with other beverages;\n- (xii) fermented products other than wine or fortified wine, including for example, sake or wine based soda;\n- (xiii) spirits mixed with other beverages;\n- (xiv) spirits that are not mixed with other beverages;\n- (xv) any other liquor mixed with other beverages;\n- (b) for each supply of liquor—the name of the person to whom the liquor was supplied and the number of the person’s licence or permit.\n- (i) low strength beer;\n- (ii) medium strength beer;\n- (iii) heavy strength beer;\n- (iv) brewed products other than beer, including, for example, brewed alcoholic lemonade and cider;\n- (v) fortified wine in bottles;\n- (vi) fortified wine in casks;\n- (vii) fortified wine in bulk;\n- (viii) wine, other than fortified wine, in bottles;\n- (ix) wine, other than fortified wine, in casks;\n- (x) wine, other than fortified wine, in bulk;\n- (xi) wine mixed with other beverages;\n- (xii) fermented products other than wine or fortified wine, including for example, sake or wine based soda;\n- (xiii) spirits mixed with other beverages;\n- (xiv) spirits that are not mixed with other beverages;\n- (xv) any other liquor mixed with other beverages;\n- (a) in a container with a capacity of more than 20L; or\n- (b) for bottling elsewhere or for blending with another wine.","sortOrder":52},{"sectionNumber":"sec.25A","sectionType":"section","heading":"Particulars required in transactions record for licence, other than producer/wholesaler licence or artisan producer licence— Act , s 217 (2) (b) (i)","content":"### sec.25A Particulars required in transactions record for licence, other than producer/wholesaler licence or artisan producer licence— Act , s 217 (2) (b) (i)\n\nFor section 217 (2) (b) (i) of the Act , the particulars that a transactions record for a licensee, other than a licensee who holds a producer/wholesaler licence or artisan producer licence, must contain are the quantity of liquor, expressed in litres, purchased or otherwise acquired by the licensee in each of the following categories—\nlow strength beer;\nmedium strength beer;\nheavy strength beer;\nbrewed products other than beer, including, for example, brewed alcoholic lemonade and cider;\nfortified wine in bottles;\nfortified wine in casks;\nfortified wine in bulk;\nwine, other than fortified wine, in bottles;\nwine, other than fortified wine, in casks;\nwine, other than fortified wine, in bulk;\nwine mixed with other beverages;\nfermented products, other than wine or fortified wine, including for example, sake or wine based soda;\nspirits mixed with other beverages;\nspirits that are not mixed with other beverages;\nany other liquor mixed with other beverages.\nIn this section—\nbottle means a bottle with a capacity of not more than 1.5L.\nbulk , for a purchase or other acquisition of wine or fortified wine, means a purchase or other acquisition of wine—\nin a container with a capacity of more than 20L; or\nfor bottling elsewhere or for blending with another wine.\ncask means a container with a capacity of 2L or more but not more than 20L.\nfortified wine includes frontignac, madeira, marsala, muscat, port, sherry and tokay.\nheavy strength beer means beer in which the alcohol content by volume is 4% or more.\nlow strength beer means beer in which the alcohol content by volume is less than 3%.\nmedium strength beer means beer in which the alcohol content by volume is 3% or more but less than 4%.\ns 25A ins 2008 SL No. 418 s 16\namd 2021 SL No. 35 s 6\n(sec.25A-ssec.1) For section 217 (2) (b) (i) of the Act , the particulars that a transactions record for a licensee, other than a licensee who holds a producer/wholesaler licence or artisan producer licence, must contain are the quantity of liquor, expressed in litres, purchased or otherwise acquired by the licensee in each of the following categories— low strength beer; medium strength beer; heavy strength beer; brewed products other than beer, including, for example, brewed alcoholic lemonade and cider; fortified wine in bottles; fortified wine in casks; fortified wine in bulk; wine, other than fortified wine, in bottles; wine, other than fortified wine, in casks; wine, other than fortified wine, in bulk; wine mixed with other beverages; fermented products, other than wine or fortified wine, including for example, sake or wine based soda; spirits mixed with other beverages; spirits that are not mixed with other beverages; any other liquor mixed with other beverages.\n(sec.25A-ssec.2) In this section— bottle means a bottle with a capacity of not more than 1.5L. bulk , for a purchase or other acquisition of wine or fortified wine, means a purchase or other acquisition of wine— in a container with a capacity of more than 20L; or for bottling elsewhere or for blending with another wine. cask means a container with a capacity of 2L or more but not more than 20L. fortified wine includes frontignac, madeira, marsala, muscat, port, sherry and tokay. heavy strength beer means beer in which the alcohol content by volume is 4% or more. low strength beer means beer in which the alcohol content by volume is less than 3%. medium strength beer means beer in which the alcohol content by volume is 3% or more but less than 4%.\n- (a) low strength beer;\n- (b) medium strength beer;\n- (c) heavy strength beer;\n- (d) brewed products other than beer, including, for example, brewed alcoholic lemonade and cider;\n- (e) fortified wine in bottles;\n- (f) fortified wine in casks;\n- (g) fortified wine in bulk;\n- (h) wine, other than fortified wine, in bottles;\n- (i) wine, other than fortified wine, in casks;\n- (j) wine, other than fortified wine, in bulk;\n- (k) wine mixed with other beverages;\n- (l) fermented products, other than wine or fortified wine, including for example, sake or wine based soda;\n- (m) spirits mixed with other beverages;\n- (n) spirits that are not mixed with other beverages;\n- (o) any other liquor mixed with other beverages.\n- (a) in a container with a capacity of more than 20L; or\n- (b) for bottling elsewhere or for blending with another wine.","sortOrder":53},{"sectionNumber":"sec.26","sectionType":"section","heading":"Particulars required in transactions record for artisan producer licence— Act , s 217 (2) (b) (i)","content":"### sec.26 Particulars required in transactions record for artisan producer licence— Act , s 217 (2) (b) (i)\n\nFor section 217 (2) (b) (i) of the Act , the particulars that a transactions record for a licensee who holds an artisan producer licence must contain, for each sale of liquor, are as follows—\nthe quantity, expressed in litres, of liquor sold;\nthe type of liquor sold;\nthe sale price of the liquor sold;\nwhether or not the liquor was produced on the licensed premises.\ns 26 prev s 26 om 2008 SL No. 418 s 17\npres s 26 ins 2021 SL No. 35 s 7\n- (a) the quantity, expressed in litres, of liquor sold;\n- (b) the type of liquor sold;\n- (c) the sale price of the liquor sold;\n- (d) whether or not the liquor was produced on the licensed premises.","sortOrder":54},{"sectionNumber":"sec.27","sectionType":"section","heading":"Details about meals and beverages to be recorded by certain licensees","content":"### sec.27 Details about meals and beverages to be recorded by certain licensees\n\nSubject to subsection (2) , a licensee who holds a subsidiary on-premises licence, for which the principal activity of the business conducted under the licence is the provision of meals prepared, and served to be eaten, on the licensed premises, must keep records of the following—\nfor every day on which liquor is sold on the licensed premises—the amount and type of liquor sold and the sale price for each type;\nfor every meal consumed on the premises—the details of the meal, the date and time the meal is ordered, and the sale price;\nwages or other payments to workers involved in sales of liquor, or in the preparation, serving or sales of meals, for which records must be kept under this section.\nMaximum penalty—20 penalty units.\ncash register tapes or table accounts\nAlso, a licensee must, for each financial year, keep records of the totals of beverages and food sales, and the costs of the sales, including, for example, purchases and wages.\nMaximum penalty—20 penalty units.\ns 27 amd 2008 SL No. 418 s 18\n(sec.27-ssec.1) Subject to subsection (2) , a licensee who holds a subsidiary on-premises licence, for which the principal activity of the business conducted under the licence is the provision of meals prepared, and served to be eaten, on the licensed premises, must keep records of the following— for every day on which liquor is sold on the licensed premises—the amount and type of liquor sold and the sale price for each type; for every meal consumed on the premises—the details of the meal, the date and time the meal is ordered, and the sale price; wages or other payments to workers involved in sales of liquor, or in the preparation, serving or sales of meals, for which records must be kept under this section. Maximum penalty—20 penalty units. cash register tapes or table accounts\n(sec.27-ssec.2) Also, a licensee must, for each financial year, keep records of the totals of beverages and food sales, and the costs of the sales, including, for example, purchases and wages. Maximum penalty—20 penalty units.\n- (a) for every day on which liquor is sold on the licensed premises—the amount and type of liquor sold and the sale price for each type;\n- (b) for every meal consumed on the premises—the details of the meal, the date and time the meal is ordered, and the sale price;\n- (c) wages or other payments to workers involved in sales of liquor, or in the preparation, serving or sales of meals, for which records must be kept under this section.","sortOrder":55},{"sectionNumber":"sec.27A","sectionType":"section","heading":"Drinking water to be available","content":"### sec.27A Drinking water to be available\n\nSubsection (2) applies to a licensee if—\nthe licensee holds one of the following licences for a licensed premises—\na commercial hotel licence;\na community club licence;\na bar licence;\na nightclub licence;\na commercial public event permit;\nan artisan producer licence; or\nthe licensee holds a relevant approval for a licensed premises and one of the following licences for the same premises—\na subsidiary on-premises licence;\nan industrial canteen licence;\na producer/wholesaler licence;\na commercial special facility licence; or\nthe licensee holds a commercial special facility licence and the principal activity of the business conducted under the licence is a casino under the Casino Control Act 1982 .\nThe licensee must ensure clean and potable drinking water is available to each patron of the licensed premises—\nfree of charge; and\nat all times liquor is sold on the premises; and\nby means other than a water tap located in a toilet facility.\nMaximum penalty—40 units.\nA licensee, other than a licensee to whom subsection (2) applies, must ensure clean and potable drinking water is available to each patron of the licensed premises—\nfree of charge or at a reasonable cost; and\nat all times liquor is sold on the premises; and\nby means other than a water tap located in a toilet facility.\nMaximum penalty—40 units.\nIn this section—\nrelevant approval means an extended trading hours approval authorising the sale of liquor on a regular basis after 12a.m.\ns 27A ins 2010 SL No. 327 s 4\namd 2014 SL No. 39 s 3 ; 2015 SL No. 54 s 4 ; 2021 SL No. 35 s 8\n(sec.27A-ssec.1) Subsection (2) applies to a licensee if— the licensee holds one of the following licences for a licensed premises— a commercial hotel licence; a community club licence; a bar licence; a nightclub licence; a commercial public event permit; an artisan producer licence; or the licensee holds a relevant approval for a licensed premises and one of the following licences for the same premises— a subsidiary on-premises licence; an industrial canteen licence; a producer/wholesaler licence; a commercial special facility licence; or the licensee holds a commercial special facility licence and the principal activity of the business conducted under the licence is a casino under the Casino Control Act 1982 .\n(sec.27A-ssec.2) The licensee must ensure clean and potable drinking water is available to each patron of the licensed premises— free of charge; and at all times liquor is sold on the premises; and by means other than a water tap located in a toilet facility. Maximum penalty—40 units.\n(sec.27A-ssec.3) A licensee, other than a licensee to whom subsection (2) applies, must ensure clean and potable drinking water is available to each patron of the licensed premises— free of charge or at a reasonable cost; and at all times liquor is sold on the premises; and by means other than a water tap located in a toilet facility. Maximum penalty—40 units.\n(sec.27A-ssec.4) In this section— relevant approval means an extended trading hours approval authorising the sale of liquor on a regular basis after 12a.m.\n- (a) the licensee holds one of the following licences for a licensed premises— (i) a commercial hotel licence; (ii) a community club licence; (iii) a bar licence; (iv) a nightclub licence; (v) a commercial public event permit; (vi) an artisan producer licence; or\n- (i) a commercial hotel licence;\n- (ii) a community club licence;\n- (iii) a bar licence;\n- (iv) a nightclub licence;\n- (v) a commercial public event permit;\n- (vi) an artisan producer licence; or\n- (b) the licensee holds a relevant approval for a licensed premises and one of the following licences for the same premises— (i) a subsidiary on-premises licence; (ii) an industrial canteen licence; (iii) a producer/wholesaler licence; (iv) a commercial special facility licence; or\n- (i) a subsidiary on-premises licence;\n- (ii) an industrial canteen licence;\n- (iii) a producer/wholesaler licence;\n- (iv) a commercial special facility licence; or\n- (c) the licensee holds a commercial special facility licence and the principal activity of the business conducted under the licence is a casino under the Casino Control Act 1982 .\n- (i) a commercial hotel licence;\n- (ii) a community club licence;\n- (iii) a bar licence;\n- (iv) a nightclub licence;\n- (v) a commercial public event permit;\n- (vi) an artisan producer licence; or\n- (i) a subsidiary on-premises licence;\n- (ii) an industrial canteen licence;\n- (iii) a producer/wholesaler licence;\n- (iv) a commercial special facility licence; or\n- (a) free of charge; and\n- (b) at all times liquor is sold on the premises; and\n- (c) by means other than a water tap located in a toilet facility.\n- (a) free of charge or at a reasonable cost; and\n- (b) at all times liquor is sold on the premises; and\n- (c) by means other than a water tap located in a toilet facility.","sortOrder":56},{"sectionNumber":"sec.27B","sectionType":"section","heading":"Operation of facial recognition technology system— Act , s 235","content":"### sec.27B Operation of facial recognition technology system— Act , s 235\n\nSubject to this section, a licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises.\nA facial recognition technology system may be operated on a licensee’s licensed premises only if—\nthe licensee—\nis treated as an organisation under the Privacy Act 1988 (Cwlth) ; and\ncomplies with that Act in relation to the protection of personal information held in the system; and\nthe system—\nis used for identifying an excluded person to prevent the person from entering the licensed premises in contravention of a banning order for regulated premises or licensee ban; and\nincludes a function that deletes any biometric information recorded by the system that does not identify an excluded person.\nA licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (4) and (5) on the licensee’s licensed premises.\nMaximum penalty—20 penalty units.\nThe sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises.\nThe sign must be displayed—\nin a conspicuous position at each entrance to the licensee’s licensed premises; and\nif an ID scanner is in use on the premises—in a conspicuous position and in close proximity to the ID scanner.\nIf a licence for licensed premises ends under the Act , the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises.\nMaximum penalty—20 penalty units.\nA licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used—\nto promote the consumption of liquor; or\nin connection with a customer loyalty or reward program.\nMaximum penalty—20 penalty units.\nIn this section—\nbanning order , for regulated premises, see section 173EE of the Act .\nexcluded person means a person who is the subject of a banning order for regulated premises or a licensee ban in force for the person.\nfacial recognition technology system means a system that—\nenables the facial image of a person to be recognised, identified and recorded; and\ncompares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons.\nlicensee ban see section 173EE of the Act .\nregulated premises see section 173EE of the Act .\ns 27B ins 2025 SL No. 162 s 5\n(sec.27B-ssec.1) Subject to this section, a licensee is authorised to operate a facial recognition technology system on the licensee’s licensed premises.\n(sec.27B-ssec.2) A facial recognition technology system may be operated on a licensee’s licensed premises only if— the licensee— is treated as an organisation under the Privacy Act 1988 (Cwlth) ; and complies with that Act in relation to the protection of personal information held in the system; and the system— is used for identifying an excluded person to prevent the person from entering the licensed premises in contravention of a banning order for regulated premises or licensee ban; and includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.\n(sec.27B-ssec.3) A licensee who operates a facial recognition technology system under this section must display a sign complying with subsections (4) and (5) on the licensee’s licensed premises. Maximum penalty—20 penalty units.\n(sec.27B-ssec.4) The sign must state that a facial recognition technology system is in operation on the licensee’s licensed premises.\n(sec.27B-ssec.5) The sign must be displayed— in a conspicuous position at each entrance to the licensee’s licensed premises; and if an ID scanner is in use on the premises—in a conspicuous position and in close proximity to the ID scanner.\n(sec.27B-ssec.6) If a licence for licensed premises ends under the Act , the licensee or person who was the licensee must not keep or disclose any personal information held by a facial recognition technology system operated on the premises. Maximum penalty—20 penalty units.\n(sec.27B-ssec.7) A licensee who operates a facial recognition technology system under this section must ensure any personal information held by the system is not used— to promote the consumption of liquor; or in connection with a customer loyalty or reward program. Maximum penalty—20 penalty units.\n(sec.27B-ssec.8) In this section— banning order , for regulated premises, see section 173EE of the Act . excluded person means a person who is the subject of a banning order for regulated premises or a licensee ban in force for the person. facial recognition technology system means a system that— enables the facial image of a person to be recognised, identified and recorded; and compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons. licensee ban see section 173EE of the Act . regulated premises see section 173EE of the Act .\n- (a) the licensee— (i) is treated as an organisation under the Privacy Act 1988 (Cwlth) ; and (ii) complies with that Act in relation to the protection of personal information held in the system; and\n- (i) is treated as an organisation under the Privacy Act 1988 (Cwlth) ; and\n- (ii) complies with that Act in relation to the protection of personal information held in the system; and\n- (b) the system— (i) is used for identifying an excluded person to prevent the person from entering the licensed premises in contravention of a banning order for regulated premises or licensee ban; and (ii) includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.\n- (i) is used for identifying an excluded person to prevent the person from entering the licensed premises in contravention of a banning order for regulated premises or licensee ban; and\n- (ii) includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.\n- (i) is treated as an organisation under the Privacy Act 1988 (Cwlth) ; and\n- (ii) complies with that Act in relation to the protection of personal information held in the system; and\n- (i) is used for identifying an excluded person to prevent the person from entering the licensed premises in contravention of a banning order for regulated premises or licensee ban; and\n- (ii) includes a function that deletes any biometric information recorded by the system that does not identify an excluded person.\n- (a) in a conspicuous position at each entrance to the licensee’s licensed premises; and\n- (b) if an ID scanner is in use on the premises—in a conspicuous position and in close proximity to the ID scanner.\n- (a) to promote the consumption of liquor; or\n- (b) in connection with a customer loyalty or reward program.\n- (a) enables the facial image of a person to be recognised, identified and recorded; and\n- (b) compares the facial image mentioned in paragraph (a) with biometric information held in the system about excluded persons.","sortOrder":57},{"sectionNumber":"pt.7","sectionType":"part","heading":"Adult entertainment permits","content":"# Adult entertainment permits","sortOrder":58},{"sectionNumber":"sec.28","sectionType":"section","heading":"Definitions for pt 7","content":"### sec.28 Definitions for pt 7\n\nIn this part—\npermit means an adult entertainment permit.\npermittee means the holder of an adult entertainment permit.","sortOrder":59},{"sectionNumber":"sec.29","sectionType":"section","heading":"Prescribed conditions for permit","content":"### sec.29 Prescribed conditions for permit\n\nFor section 103P (2) of the Act , the following are conditions to which each permit is subject—\nthe permittee must comply with the management plan submitted by the permittee with the application for the permit;\nthe permittee must keep a daily record of the name of the controller for the permittee’s premises and the controller’s hours of duty;\nthe permittee must enter the controller’s name and hours of duty into the daily record on every day on which adult entertainment may be performed under the permit;\nthe permittee must ensure that spruiking or touting for business involving adult entertainment occurs only on the permittee’s premises and only on parts of the premises from which the spruiking or touting is not audible or visible to a person who is not on the premises;\nthe permit does not authorise adult entertainment on Christmas Day or Good Friday.\ns 29 amd 2008 SL No. 418 s 19\n- (a) the permittee must comply with the management plan submitted by the permittee with the application for the permit;\n- (b) the permittee must keep a daily record of the name of the controller for the permittee’s premises and the controller’s hours of duty;\n- (c) the permittee must enter the controller’s name and hours of duty into the daily record on every day on which adult entertainment may be performed under the permit;\n- (d) the permittee must ensure that spruiking or touting for business involving adult entertainment occurs only on the permittee’s premises and only on parts of the premises from which the spruiking or touting is not audible or visible to a person who is not on the premises;\n- (e) the permit does not authorise adult entertainment on Christmas Day or Good Friday.","sortOrder":60},{"sectionNumber":"sec.30","sectionType":"section","heading":"Approved area to conform with requirements","content":"### sec.30 Approved area to conform with requirements\n\nFor section 103Q (c) of the Act , the area must consist of an open room or other area that allows a person attending the entertainment to view the entertainment from any part of the room or area.\nWithout limiting subsection (1) , the area must not—\nhave any walls or partitions, whether transparent or not, that separate or divide, or could be used to separate or divide, the area; or\ncontain furniture that screens, or could be used to screen, a part of the area from the remainder of the area.\ns 30 amd 2008 SL No. 418 s 20\n(sec.30-ssec.1) For section 103Q (c) of the Act , the area must consist of an open room or other area that allows a person attending the entertainment to view the entertainment from any part of the room or area.\n(sec.30-ssec.2) Without limiting subsection (1) , the area must not— have any walls or partitions, whether transparent or not, that separate or divide, or could be used to separate or divide, the area; or contain furniture that screens, or could be used to screen, a part of the area from the remainder of the area.\n- (a) have any walls or partitions, whether transparent or not, that separate or divide, or could be used to separate or divide, the area; or\n- (b) contain furniture that screens, or could be used to screen, a part of the area from the remainder of the area.","sortOrder":61},{"sectionNumber":"sec.31","sectionType":"section","heading":"Application for permit","content":"### sec.31 Application for permit\n\nFor section 105 (1) (c) of the Act , an application for a permit must specify the full name, and date and place of birth, of each of the following persons for the permit—\nthe applicant;\nassociates of the person mentioned in paragraph (a) .\ns 31 amd 2008 SL No. 418 s 21\n- (a) the applicant;\n- (b) associates of the person mentioned in paragraph (a) .","sortOrder":62},{"sectionNumber":"sec.32","sectionType":"section","heading":"Proposed management plan","content":"### sec.32 Proposed management plan\n\nFor section 107D (1) (d) of the Act , a proposed management plan must provide for the following matters—\na layout plan of the proposed area drawn to a scale of 1:100 showing—\nthe liquor service points; and\nhow the area will be fully enclosed to prevent a person outside the area from seeing inside the area; and\nthe audience seating area; and\nany stage area and how it will be separated from the audience; and\nthe performers’ change rooms;\nthe minimum number of staff and security persons who will be on duty in the area during performances;\nthe name and contact details of the promoter of the adult entertainment.\ns 32 amd 2004 SL No. 103 s 3 sch\n- (a) a layout plan of the proposed area drawn to a scale of 1:100 showing— (i) the liquor service points; and (ii) how the area will be fully enclosed to prevent a person outside the area from seeing inside the area; and (iii) the audience seating area; and (iv) any stage area and how it will be separated from the audience; and (v) the performers’ change rooms;\n- (i) the liquor service points; and\n- (ii) how the area will be fully enclosed to prevent a person outside the area from seeing inside the area; and\n- (iii) the audience seating area; and\n- (iv) any stage area and how it will be separated from the audience; and\n- (v) the performers’ change rooms;\n- (b) the minimum number of staff and security persons who will be on duty in the area during performances;\n- (c) the name and contact details of the promoter of the adult entertainment.\n- (i) the liquor service points; and\n- (ii) how the area will be fully enclosed to prevent a person outside the area from seeing inside the area; and\n- (iii) the audience seating area; and\n- (iv) any stage area and how it will be separated from the audience; and\n- (v) the performers’ change rooms;","sortOrder":63},{"sectionNumber":"sec.33","sectionType":"section","heading":"Suitability of applicant for permit","content":"### sec.33 Suitability of applicant for permit\n\nFor section 107E (1) (h) of the Act , any previous conduct of the business of providing adult entertainment by the applicant is a relevant matter.\nIn this section—\nadult entertainment includes entertainment provided before the commencement of the Liquor (Approval of Adult Entertainment Code) Regulation 2000 that would have constituted adult entertainment if the entertainment were provided after the Liquor (Approval of Adult Entertainment Code) Regulation 2000 commenced.\ns 33 amd 2003 SL No. 167 s 4 ; 2004 SL No. 103 s 3 sch\n(sec.33-ssec.1) For section 107E (1) (h) of the Act , any previous conduct of the business of providing adult entertainment by the applicant is a relevant matter.\n(sec.33-ssec.2) In this section— adult entertainment includes entertainment provided before the commencement of the Liquor (Approval of Adult Entertainment Code) Regulation 2000 that would have constituted adult entertainment if the entertainment were provided after the Liquor (Approval of Adult Entertainment Code) Regulation 2000 commenced.","sortOrder":64},{"sectionNumber":"sec.34","sectionType":"section","heading":"Advertising in relation to adult entertainment","content":"### sec.34 Advertising in relation to adult entertainment\n\nA person must not publish, or cause to be published, an advertisement in relation to adult entertainment if the advertisement—\ncontain graphics or a photograph; or\nfor an advertisement in the print media—is more than 8cm x 5cm in size.\nMaximum penalty—10 penalty units.\nIn this section—\nadvertisement includes a coaster, circular, flier, matchbox, napkin or sign.\n(sec.34-ssec.1) A person must not publish, or cause to be published, an advertisement in relation to adult entertainment if the advertisement— contain graphics or a photograph; or for an advertisement in the print media—is more than 8cm x 5cm in size. Maximum penalty—10 penalty units.\n(sec.34-ssec.2) In this section— advertisement includes a coaster, circular, flier, matchbox, napkin or sign.\n- (a) contain graphics or a photograph; or\n- (b) for an advertisement in the print media—is more than 8cm x 5cm in size.","sortOrder":65},{"sectionNumber":"sec.35","sectionType":"section","heading":"Restriction on number of permits that may be issued","content":"### sec.35 Restriction on number of permits that may be issued\n\nThe commissioner may grant only 6 one-off permits in a year for particular premises.\nIf a person provides, or intends to provide, adult entertainment at particular premises on more than 6 occasions in a year, the person must apply for an annual permit for the premises.\nIn this section—\none-off permit , for licensed premises, means a permit to provide adult entertainment for 1 occasion at the premises.\ns 35 amd 2012 SL No. 248 s 18\n(sec.35-ssec.1) The commissioner may grant only 6 one-off permits in a year for particular premises.\n(sec.35-ssec.2) If a person provides, or intends to provide, adult entertainment at particular premises on more than 6 occasions in a year, the person must apply for an annual permit for the premises.\n(sec.35-ssec.3) In this section— one-off permit , for licensed premises, means a permit to provide adult entertainment for 1 occasion at the premises.","sortOrder":66},{"sectionNumber":"pt.8","sectionType":"part","heading":"Fees","content":"# Fees","sortOrder":67},{"sectionNumber":"pt.8-div.1","sectionType":"division","heading":"Licence fees and other fees","content":"## Licence fees and other fees","sortOrder":68},{"sectionNumber":"sec.36","sectionType":"section","heading":"Licence fees","content":"### sec.36 Licence fees\n\nThe licence fee for a licence for a licence period is the total of the following—\nthe base fee for the licence mentioned in section 36A ;\nthe fee, calculated under section 36B or 36CA , for each risk criterion applying to the licence.\nAlso, the licence fee for a new licence for the first licence period, is reduced on a pro-rata basis based on the number of whole months remaining in the licence period after the licence is granted.\nIf there is 6 months remaining in the licence period when a licence is granted, the licence fee for the licence for the first licence period is to be reduced by 50%.\nThe holder of a provisional licence is exempt from paying the licence fee for the licence for a licence period.\nIn this section—\nfirst licence period , for a new licence, means the licence period in which the licence is granted.\nnew licence means a licence granted on or after the commencement of this section.\ns 36 sub 2002 SL No. 326 s 7 ; 2008 SL No. 418 s 22\namd 2009 SL No. 94 s 6 ; 2013 SL No. 277 s 3\n(sec.36-ssec.1) The licence fee for a licence for a licence period is the total of the following— the base fee for the licence mentioned in section 36A ; the fee, calculated under section 36B or 36CA , for each risk criterion applying to the licence.\n(sec.36-ssec.2) Also, the licence fee for a new licence for the first licence period, is reduced on a pro-rata basis based on the number of whole months remaining in the licence period after the licence is granted. If there is 6 months remaining in the licence period when a licence is granted, the licence fee for the licence for the first licence period is to be reduced by 50%.\n(sec.36-ssec.3) The holder of a provisional licence is exempt from paying the licence fee for the licence for a licence period.\n(sec.36-ssec.4) In this section— first licence period , for a new licence, means the licence period in which the licence is granted. new licence means a licence granted on or after the commencement of this section.\n- (a) the base fee for the licence mentioned in section 36A ;\n- (b) the fee, calculated under section 36B or 36CA , for each risk criterion applying to the licence.","sortOrder":69},{"sectionNumber":"sec.36AA","sectionType":"section","heading":null,"content":"### Section sec.36AA\n\ns 36AA prev s 36AA ins 2020 SL No. 83 s 4\nexp 30 June 2021 (see prev s 36AA(6))\npres s 36AA ins 2021 SL No. 155 s 4 (retro)\nexp 30 June 2022 (see s 36AA(7))","sortOrder":70},{"sectionNumber":"sec.36AB","sectionType":"section","heading":null,"content":"### Section sec.36AB\n\ns 36AB ins 2021 SL No. 35 s 9\nexp 30 June 2021 (see s 36AB(6))","sortOrder":71},{"sectionNumber":"sec.36A","sectionType":"section","heading":"Base fees for licences","content":"### sec.36A Base fees for licences\n\nFor a commercial hotel licence, the base fee is the total of the following—\neither—\nfor a licence other than a licence mentioned in section 202A (1) of the Act —3,977 fee units; or\nfor a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subparagraph (i) ;\n4,418 fee units for each detached bottle shop approved for the licence.\nFor a commercial special facility licence, the base fee is—\nif the licensee is not authorised under the licence to sell or supply liquor at any time between 5a.m. and 10a.m., the total of the following—\n11,030 fee units;\n1,471 fee units for each additional liquor outlet beyond 10 liquor outlets; or\nif the licensee is authorised under the licence to sell or supply liquor at any time between 5a.m. and 10a.m., the total of the following—\n14,730 fee units;\n1,471 fee units for each additional liquor outlet beyond 10 liquor outlets.\nFor a commercial other licence, other than an artisan producer licence, the base fee is 735.30 fee units.\nFor an artisan producer licence, the base fee is 1,068 fee units.\nFor a community club licence, the base fee is—\nfor a club with more than 2,000 members—3,240 fee units; or\nfor a club with 2,000 members or less, either—\nfor a licence other than a licence mentioned in section 202A (1) of the Act —735.30 fee units; or\nfor a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subsection (1) (a) (i) .\nFor a community other licence, the base fee is 371.10 fee units.\nFor a nightclub licence, the base fee is 3,977 fee units.\nIn this section—\nliquor outlet means a part of the licensed premises where the holder of the commercial special facility licence has—\nlet or sublet the right to sell liquor; and\neither—\nlet or sublet the part of the licensed premises; or\nentered into a franchise or management agreement for the part of the licensed premises.\ns 36A ins 2008 SL No. 418 s 22\namd 2009 SL No. 84 s 15 ; 2010 SL No. 128 s 36 ; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 68 ; 2015 SL No. 54 s 5 ; 2016 SL No. 85 s 70 ; 2017 SL No. 109 s 79 ; 2018 SL No. 72 s 74 ; 2019 SL No. 85 s 4 ; 2019 SL No. 105 s 74 ; 2020 SL No. 143 s 75 ; 2021 SL No. 35 s 10 ; 2021 SL No. 84 s 74 ; 2022 SL No. 79 s 107\n(sec.36A-ssec.1) For a commercial hotel licence, the base fee is the total of the following— either— for a licence other than a licence mentioned in section 202A (1) of the Act —3,977 fee units; or for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subparagraph (i) ; 4,418 fee units for each detached bottle shop approved for the licence.\n(sec.36A-ssec.2) For a commercial special facility licence, the base fee is— if the licensee is not authorised under the licence to sell or supply liquor at any time between 5a.m. and 10a.m., the total of the following— 11,030 fee units; 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets; or if the licensee is authorised under the licence to sell or supply liquor at any time between 5a.m. and 10a.m., the total of the following— 14,730 fee units; 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets.\n(sec.36A-ssec.3) For a commercial other licence, other than an artisan producer licence, the base fee is 735.30 fee units.\n(sec.36A-ssec.3A) For an artisan producer licence, the base fee is 1,068 fee units.\n(sec.36A-ssec.4) For a community club licence, the base fee is— for a club with more than 2,000 members—3,240 fee units; or for a club with 2,000 members or less, either— for a licence other than a licence mentioned in section 202A (1) of the Act —735.30 fee units; or for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subsection (1) (a) (i) .\n(sec.36A-ssec.5) For a community other licence, the base fee is 371.10 fee units.\n(sec.36A-ssec.5A) For a nightclub licence, the base fee is 3,977 fee units.\n(sec.36A-ssec.6) In this section— liquor outlet means a part of the licensed premises where the holder of the commercial special facility licence has— let or sublet the right to sell liquor; and either— let or sublet the part of the licensed premises; or entered into a franchise or management agreement for the part of the licensed premises.\n- (a) either— (i) for a licence other than a licence mentioned in section 202A (1) of the Act —3,977 fee units; or (ii) for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subparagraph (i) ;\n- (i) for a licence other than a licence mentioned in section 202A (1) of the Act —3,977 fee units; or\n- (ii) for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subparagraph (i) ;\n- (b) 4,418 fee units for each detached bottle shop approved for the licence.\n- (i) for a licence other than a licence mentioned in section 202A (1) of the Act —3,977 fee units; or\n- (ii) for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subparagraph (i) ;\n- (a) if the licensee is not authorised under the licence to sell or supply liquor at any time between 5a.m. and 10a.m., the total of the following— (i) 11,030 fee units; (ii) 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets; or\n- (i) 11,030 fee units;\n- (ii) 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets; or\n- (b) if the licensee is authorised under the licence to sell or supply liquor at any time between 5a.m. and 10a.m., the total of the following— (i) 14,730 fee units; (ii) 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets.\n- (i) 14,730 fee units;\n- (ii) 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets.\n- (i) 11,030 fee units;\n- (ii) 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets; or\n- (i) 14,730 fee units;\n- (ii) 1,471 fee units for each additional liquor outlet beyond 10 liquor outlets.\n- (a) for a club with more than 2,000 members—3,240 fee units; or\n- (b) for a club with 2,000 members or less, either— (i) for a licence other than a licence mentioned in section 202A (1) of the Act —735.30 fee units; or (ii) for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subsection (1) (a) (i) .\n- (i) for a licence other than a licence mentioned in section 202A (1) of the Act —735.30 fee units; or\n- (ii) for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subsection (1) (a) (i) .\n- (i) for a licence other than a licence mentioned in section 202A (1) of the Act —735.30 fee units; or\n- (ii) for a licence mentioned in section 202A (1) of the Act —10% of the amount stated in subsection (1) (a) (i) .\n- (a) let or sublet the right to sell liquor; and\n- (b) either— (i) let or sublet the part of the licensed premises; or (ii) entered into a franchise or management agreement for the part of the licensed premises.\n- (i) let or sublet the part of the licensed premises; or\n- (ii) entered into a franchise or management agreement for the part of the licensed premises.\n- (i) let or sublet the part of the licensed premises; or\n- (ii) entered into a franchise or management agreement for the part of the licensed premises.","sortOrder":72},{"sectionNumber":"sec.36B","sectionType":"section","heading":"Risk criterion—extended or authorised trading hours","content":"### sec.36B Risk criterion—extended or authorised trading hours\n\nThis section applies to a licence for a licence period if the licensee holds an extended trading hours approval for the licensed premises or the licensee is authorised under the licence to trade after 12a.m.\nHowever, this section does not apply to a licensee authorised under section 9 (13) of the Act to trade after 12a.m. on New Year’s Day.\nThe fee for the risk criterion of extended or authorised trading hours is—\nif the approved extended trading hours for the licensed premises are between 7a.m. and 9a.m.—\nduring weekends only—1,107 fee units; or\notherwise—1,471 fee units; and\nif the approved extended trading hours for the licensed premises are between 9a.m. and 10a.m.—\nduring weekends only—553.20 fee units; or\notherwise—735.30 fee units; and\nif the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 1a.m. on the day—\nduring weekends only—2,761 fee units; or\notherwise—3,682 fee units; and\nif the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 2a.m. on the day—\nduring weekends only—5,530 fee units; or\notherwise—7,370 fee units; and\nif the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 3a.m. on the day—\nduring weekends only—8,290 fee units; or\notherwise—11,030 fee units; and\nif the approved extended or authorised trading hours for the licensed premises are between 3a.m. and 5a.m.—\nduring weekends only—11,030 fee units; or\notherwise—14,730 fee units.\ns 36B ins 2008 SL No. 418 s 22\namd 2009 SL No. 84 s 16 ; 2010 SL No. 128 s 37 ; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 106 s 3 ; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 69 ; 2015 SL No. 54 s 6 ; 2016 SL No. 85 s 71 ; 2016 SL No. 84 s 4 ; 2017 SL No. 109 s 80 ; 2018 SL No. 72 s 75 ; 2019 SL No. 105 s 75 ; 2020 SL No. 143 s 76 ; 2021 SL No. 84 s 75 ; 2022 SL No. 79 s 108\n(sec.36B-ssec.1) This section applies to a licence for a licence period if the licensee holds an extended trading hours approval for the licensed premises or the licensee is authorised under the licence to trade after 12a.m.\n(sec.36B-ssec.1A) However, this section does not apply to a licensee authorised under section 9 (13) of the Act to trade after 12a.m. on New Year’s Day.\n(sec.36B-ssec.2) The fee for the risk criterion of extended or authorised trading hours is— if the approved extended trading hours for the licensed premises are between 7a.m. and 9a.m.— during weekends only—1,107 fee units; or otherwise—1,471 fee units; and if the approved extended trading hours for the licensed premises are between 9a.m. and 10a.m.— during weekends only—553.20 fee units; or otherwise—735.30 fee units; and if the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 1a.m. on the day— during weekends only—2,761 fee units; or otherwise—3,682 fee units; and if the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 2a.m. on the day— during weekends only—5,530 fee units; or otherwise—7,370 fee units; and if the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 3a.m. on the day— during weekends only—8,290 fee units; or otherwise—11,030 fee units; and if the approved extended or authorised trading hours for the licensed premises are between 3a.m. and 5a.m.— during weekends only—11,030 fee units; or otherwise—14,730 fee units.\n- (a) if the approved extended trading hours for the licensed premises are between 7a.m. and 9a.m.— (i) during weekends only—1,107 fee units; or (ii) otherwise—1,471 fee units; and\n- (i) during weekends only—1,107 fee units; or\n- (ii) otherwise—1,471 fee units; and\n- (b) if the approved extended trading hours for the licensed premises are between 9a.m. and 10a.m.— (i) during weekends only—553.20 fee units; or (ii) otherwise—735.30 fee units; and\n- (i) during weekends only—553.20 fee units; or\n- (ii) otherwise—735.30 fee units; and\n- (c) if the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 1a.m. on the day— (i) during weekends only—2,761 fee units; or (ii) otherwise—3,682 fee units; and\n- (i) during weekends only—2,761 fee units; or\n- (ii) otherwise—3,682 fee units; and\n- (d) if the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 2a.m. on the day— (i) during weekends only—5,530 fee units; or (ii) otherwise—7,370 fee units; and\n- (i) during weekends only—5,530 fee units; or\n- (ii) otherwise—7,370 fee units; and\n- (e) if the approved extended or authorised trading hours for the licensed premises are for the period starting at 12a.m. on a day and ending no later than 3a.m. on the day— (i) during weekends only—8,290 fee units; or (ii) otherwise—11,030 fee units; and\n- (i) during weekends only—8,290 fee units; or\n- (ii) otherwise—11,030 fee units; and\n- (f) if the approved extended or authorised trading hours for the licensed premises are between 3a.m. and 5a.m.— (i) during weekends only—11,030 fee units; or (ii) otherwise—14,730 fee units.\n- (i) during weekends only—11,030 fee units; or\n- (ii) otherwise—14,730 fee units.\n- (i) during weekends only—1,107 fee units; or\n- (ii) otherwise—1,471 fee units; and\n- (i) during weekends only—553.20 fee units; or\n- (ii) otherwise—735.30 fee units; and\n- (i) during weekends only—2,761 fee units; or\n- (ii) otherwise—3,682 fee units; and\n- (i) during weekends only—5,530 fee units; or\n- (ii) otherwise—7,370 fee units; and\n- (i) during weekends only—8,290 fee units; or\n- (ii) otherwise—11,030 fee units; and\n- (i) during weekends only—11,030 fee units; or\n- (ii) otherwise—14,730 fee units.","sortOrder":73},{"sectionNumber":"sec.36C","sectionType":"section","heading":null,"content":"### Section sec.36C\n\ns 36C ins 2008 SL No. 418 s 22\nsub 2009 SL No. 94 s 7\namd 2010 SL No. 128 s 38 ; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch\nom 2013 SL No. 277 s 4","sortOrder":74},{"sectionNumber":"sec.36CA","sectionType":"section","heading":"Risk criterion—compliance history","content":"### sec.36CA Risk criterion—compliance history\n\nThis section applies to a licence for a licence period if—\nan infringement notice, for an offence against section 146 (1) , 155AA (2) or 156 (1) , (2) or (3) , of the Act , was served on the licensee; and\nthe licensee paid the fine for the offence to the administering authority in the previous licence period.\nAlso, this section applies to a licence for a licence period if—\nthe commissioner decided to take disciplinary action relating to the licence and, in the previous licence period—\nthe licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or\nthe licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal—\nconfirmed the decision; or\nset aside the decision and substituted another decision to take disciplinary action; or\nthe licensee was convicted of an offence against the Act and, in the previous licence period—\nthe time to appeal against the conviction ended; or\nif an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal.\nAlso, this section applies to a licence for a licence period if—\nthe licensee was convicted of a supply offence; and\nin the previous licence period, an act or omission of the licensee that was the supply offence was taken to have contributed to—\nthe death of a person; or\na serious assault committed against a person on or near the licensed premises.\nFor subsection (3) , an act or omission of a licensee that was a supply offence is taken to have contributed to—\nthe death of a person if the death is found by a court or tribunal to have been caused by—\nthe consumption of liquor received by the person because of the supply offence; or\nanother person who, just before causing the death, received liquor because of the supply offence; or\na serious assault committed against a person if—\nanother person is convicted of the serious assault; and\nthe other person, just before committing the serious assault, received liquor because of the supply offence.\nThe fee for the risk criterion of compliance history is the total of the following fees that apply to the licence—\nif subsection (1) applies—7,140 fee units;\nif subsection (2) applies—14,290 fee units;\nif subsection (3) applies—28,570 fee units.\nIf, as a result of an incident, this section applies to a licence for a licence period more than once, only the highest relevant fee mentioned in subsection (5) applies to the licence in relation to the incident.\nIn this section—\nadministering authority see the State Penalties Enforcement Act 1999 , schedule 2 .\nfine see the State Penalties Enforcement Act 1999 , schedule 2 .\nincident means an act or omission by a licensee that was a contravention of the Act or a ground for taking disciplinary action against the licensee.\nthe sale of liquor to a minor\ninfringement notice see the State Penalties Enforcement Act 1999 , schedule 2 .\nserious assault means an offence against the Criminal Code , section 320 , 323 , 340 , 349 or 352 .\nsupply offence means an offence against section 155A or 156 (1) of the Act .\ns 36CA ins 2009 SL No. 94 s 7\namd 2010 SL No. 128 s 39 ; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2012 SL No. 248 s 18 ; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 70 ; 2016 SL No. 85 s 72 ; 2017 SL No. 109 s 81 ; 2018 SL No. 72 s 76 ; 2019 SL No. 105 s 76 ; 2020 SL No. 143 s 77 ; 2021 SL No. 84 s 76 ; 2022 SL No. 79 s 109\n(sec.36CA-ssec.1) This section applies to a licence for a licence period if— an infringement notice, for an offence against section 146 (1) , 155AA (2) or 156 (1) , (2) or (3) , of the Act , was served on the licensee; and the licensee paid the fine for the offence to the administering authority in the previous licence period.\n(sec.36CA-ssec.2) Also, this section applies to a licence for a licence period if— the commissioner decided to take disciplinary action relating to the licence and, in the previous licence period— the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— confirmed the decision; or set aside the decision and substituted another decision to take disciplinary action; or the licensee was convicted of an offence against the Act and, in the previous licence period— the time to appeal against the conviction ended; or if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal.\n(sec.36CA-ssec.3) Also, this section applies to a licence for a licence period if— the licensee was convicted of a supply offence; and in the previous licence period, an act or omission of the licensee that was the supply offence was taken to have contributed to— the death of a person; or a serious assault committed against a person on or near the licensed premises.\n(sec.36CA-ssec.4) For subsection (3) , an act or omission of a licensee that was a supply offence is taken to have contributed to— the death of a person if the death is found by a court or tribunal to have been caused by— the consumption of liquor received by the person because of the supply offence; or another person who, just before causing the death, received liquor because of the supply offence; or a serious assault committed against a person if— another person is convicted of the serious assault; and the other person, just before committing the serious assault, received liquor because of the supply offence.\n(sec.36CA-ssec.5) The fee for the risk criterion of compliance history is the total of the following fees that apply to the licence— if subsection (1) applies—7,140 fee units; if subsection (2) applies—14,290 fee units; if subsection (3) applies—28,570 fee units.\n(sec.36CA-ssec.6) If, as a result of an incident, this section applies to a licence for a licence period more than once, only the highest relevant fee mentioned in subsection (5) applies to the licence in relation to the incident.\n(sec.36CA-ssec.7) In this section— administering authority see the State Penalties Enforcement Act 1999 , schedule 2 . fine see the State Penalties Enforcement Act 1999 , schedule 2 . incident means an act or omission by a licensee that was a contravention of the Act or a ground for taking disciplinary action against the licensee. the sale of liquor to a minor infringement notice see the State Penalties Enforcement Act 1999 , schedule 2 . serious assault means an offence against the Criminal Code , section 320 , 323 , 340 , 349 or 352 . supply offence means an offence against section 155A or 156 (1) of the Act .\n- (a) an infringement notice, for an offence against section 146 (1) , 155AA (2) or 156 (1) , (2) or (3) , of the Act , was served on the licensee; and\n- (b) the licensee paid the fine for the offence to the administering authority in the previous licence period.\n- (a) the commissioner decided to take disciplinary action relating to the licence and, in the previous licence period— (i) the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or (ii) the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— (A) confirmed the decision; or (B) set aside the decision and substituted another decision to take disciplinary action; or\n- (i) the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or\n- (ii) the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— (A) confirmed the decision; or (B) set aside the decision and substituted another decision to take disciplinary action; or\n- (A) confirmed the decision; or\n- (B) set aside the decision and substituted another decision to take disciplinary action; or\n- (b) the licensee was convicted of an offence against the Act and, in the previous licence period— (i) the time to appeal against the conviction ended; or (ii) if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal.\n- (i) the time to appeal against the conviction ended; or\n- (ii) if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal.\n- (i) the licensee did not appeal against the decision of the commissioner to take the disciplinary action and the 30 days for the licensee to appeal ended; or\n- (ii) the licensee appealed against the decision of the commissioner to take disciplinary action and the tribunal— (A) confirmed the decision; or (B) set aside the decision and substituted another decision to take disciplinary action; or\n- (A) confirmed the decision; or\n- (B) set aside the decision and substituted another decision to take disciplinary action; or\n- (A) confirmed the decision; or\n- (B) set aside the decision and substituted another decision to take disciplinary action; or\n- (i) the time to appeal against the conviction ended; or\n- (ii) if an appeal was made against the conviction—the appeal was finally decided and the conviction was upheld on appeal.\n- (a) the licensee was convicted of a supply offence; and\n- (b) in the previous licence period, an act or omission of the licensee that was the supply offence was taken to have contributed to— (i) the death of a person; or (ii) a serious assault committed against a person on or near the licensed premises.\n- (i) the death of a person; or\n- (ii) a serious assault committed against a person on or near the licensed premises.\n- (i) the death of a person; or\n- (ii) a serious assault committed against a person on or near the licensed premises.\n- (a) the death of a person if the death is found by a court or tribunal to have been caused by— (i) the consumption of liquor received by the person because of the supply offence; or (ii) another person who, just before causing the death, received liquor because of the supply offence; or\n- (i) the consumption of liquor received by the person because of the supply offence; or\n- (ii) another person who, just before causing the death, received liquor because of the supply offence; or\n- (b) a serious assault committed against a person if— (i) another person is convicted of the serious assault; and (ii) the other person, just before committing the serious assault, received liquor because of the supply offence.\n- (i) another person is convicted of the serious assault; and\n- (ii) the other person, just before committing the serious assault, received liquor because of the supply offence.\n- (i) the consumption of liquor received by the person because of the supply offence; or\n- (ii) another person who, just before causing the death, received liquor because of the supply offence; or\n- (i) another person is convicted of the serious assault; and\n- (ii) the other person, just before committing the serious assault, received liquor because of the supply offence.\n- (a) if subsection (1) applies—7,140 fee units;\n- (b) if subsection (2) applies—14,290 fee units;\n- (c) if subsection (3) applies—28,570 fee units.","sortOrder":75},{"sectionNumber":"sec.36D","sectionType":"section","heading":"Other fees","content":"### sec.36D Other fees\n\nThe fees payable under the Act , other than the relevant fees, are stated in schedule 1 .\nIf an application under the Act , other than in relation to the tribunal, is not mentioned in schedule 1 , a fee of 114.50 fee units is payable for the application.\nIn this section—\nrelevant fees means the following—\nfees payable in relation to the tribunal;\nthe licence fee for a licence period.\ns 36D ins 2008 SL No. 418 s 22\namd 2010 SL No. 128 s 40 ; 2011 SL No. 115 s 3 sch; 2012 SL No. 102 s 3 sch; 2013 SL No. 122 s 3 sch; 2014 SL No. 128 s 3 sch; 2015 SL No. 53 s 71 ; 2016 SL No. 85 s 73 ; 2017 SL No. 109 s 82 ; 2018 SL No. 72 s 77 ; 2019 SL No. 105 s 77 ; 2020 SL No. 143 s 78 ; 2021 SL No. 84 s 77 ; 2022 SL No. 79 s 110\n(sec.36D-ssec.1) The fees payable under the Act , other than the relevant fees, are stated in schedule 1 .\n(sec.36D-ssec.2) If an application under the Act , other than in relation to the tribunal, is not mentioned in schedule 1 , a fee of 114.50 fee units is payable for the application.\n(sec.36D-ssec.3) In this section— relevant fees means the following— fees payable in relation to the tribunal; the licence fee for a licence period.\n- (a) fees payable in relation to the tribunal;\n- (b) the licence fee for a licence period.","sortOrder":76},{"sectionNumber":"sec.36DA","sectionType":"section","heading":"Rounding of amounts expressed as numbers of fee units","content":"### sec.36DA Rounding of amounts expressed as numbers of fee units\n\nThis section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\nFor the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded—\nif the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\nif the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\nif the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\nif the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).\nIf a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\ns 36DA ins 2022 SL No. 79 s 111\n(sec.36DA-ssec.1) This section applies for working out the amount of a fee expressed in this regulation as a number of fee units.\n(sec.36DA-ssec.2) For the purpose of the Acts Interpretation Act 1954 , section 48C (3) , the amount is to be rounded— if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards). If a fee were 35 fee units and the value of a fee unit were $1.015, the number of dollars obtained by multiplying 35 by $1.015 would be $35.525. Because $35.525 is halfway between $35.50 and $35.55, it is rounded upwards, so the amount of the fee would be $35.55.\n- (a) if the result is not more than $100—to the nearest multiple of 5 cents (rounding one-half upwards); or\n- (b) if the result is more than $100 but not more than $1,000—to the nearest multiple of 10 cents (rounding one-half upwards); or\n- (c) if the result is more than $1,000 but not more than $5,000—to the nearest dollar (rounding one-half upwards); or\n- (d) if the result is more than $5,000 but not more than $100,000—to the nearest multiple of 10 dollars (rounding one-half upwards).","sortOrder":77},{"sectionNumber":"pt.8-div.2","sectionType":"division","heading":"Day for payment of licence fee","content":"## Day for payment of licence fee","sortOrder":78},{"sectionNumber":"sec.36E","sectionType":"section","heading":"Day for payment of licence fee— Act , s 208","content":"### sec.36E Day for payment of licence fee— Act , s 208\n\nFor section 208 (2) of the Act , the day prescribed for payment of a licence fee for a licence for a licence period is—\non the grant of a licence—28 days after the applicant for the licence is given notice of the grant of the licence; or\notherwise—31 July in the licence period to which the licence fee relates.\ns 36E ins 2008 SL No. 418 s 22\n- (a) on the grant of a licence—28 days after the applicant for the licence is given notice of the grant of the licence; or\n- (b) otherwise—31 July in the licence period to which the licence fee relates.","sortOrder":79},{"sectionNumber":"pt.8-div.3","sectionType":"division","heading":"Self-assessment of licence fee","content":"## Self-assessment of licence fee","sortOrder":80},{"sectionNumber":"sec.36F","sectionType":"section","heading":"Licence fee to be self-assessed— Act , s 202 (1)","content":"### sec.36F Licence fee to be self-assessed— Act , s 202 (1)\n\nFor section 202 (1) of the Act , the licence fee for a licence for a licence period must be self-assessed by the licensee.\ns 36F ins 2008 SL No. 418 s 22","sortOrder":81},{"sectionNumber":"sec.36G","sectionType":"section","heading":"Prescribed information about a self-assessment to be given to commissioner— Act , s 202 (2) (a)","content":"### sec.36G Prescribed information about a self-assessment to be given to commissioner— Act , s 202 (2) (a)\n\nFor section 202 (2) (a) of the Act , a licensee must give the commissioner a completed self-assessment form.\nIn this section—\nself-assessment form means a form, available from the department, showing a licensee’s calculations for the licensee’s self-assessment of the licence fee for the licence for a licence period.\ns 36G ins 2008 SL No. 418 s 22\namd 2012 SL No. 248 s 18\n(sec.36G-ssec.1) For section 202 (2) (a) of the Act , a licensee must give the commissioner a completed self-assessment form.\n(sec.36G-ssec.2) In this section— self-assessment form means a form, available from the department, showing a licensee’s calculations for the licensee’s self-assessment of the licence fee for the licence for a licence period.","sortOrder":82},{"sectionNumber":"pt.8-div.4","sectionType":"division","heading":"Reassessment of licence fee","content":"## Reassessment of licence fee","sortOrder":83},{"sectionNumber":"sec.36H","sectionType":"section","heading":"Purpose of div 4","content":"### sec.36H Purpose of div 4\n\nThe purpose of this division is, for section 202 (2) (b) of the Act , to provide for the reassessment of a licence fee for a licence for a licence period by the commissioner.\ns 36H ins 2008 SL No. 418 s 22\namd 2012 SL No. 248 s 18","sortOrder":84},{"sectionNumber":"sec.36I","sectionType":"section","heading":"Reassessment of licence fee by commissioner","content":"### sec.36I Reassessment of licence fee by commissioner\n\nA reassessment of a licence fee for a licence for a licence period—\nmay be conducted by the commissioner on the commissioner’s own initiative; or\nmust be conducted by the commissioner if the licensee for the licence applies to the commissioner for a reassessment of the fee.\ns 36I ins 2008 SL No. 418 s 22\namd 2012 SL No. 248 ss 18 – 19\n- (a) may be conducted by the commissioner on the commissioner’s own initiative; or\n- (b) must be conducted by the commissioner if the licensee for the licence applies to the commissioner for a reassessment of the fee.","sortOrder":85},{"sectionNumber":"sec.36J","sectionType":"section","heading":"Application for reassessment of licence fee","content":"### sec.36J Application for reassessment of licence fee\n\nA licensee may, within the relevant period, apply to the commissioner for reassessment of the licence fee for the licence for a licence period only if—\nthe licensee has made an error in calculating the licence fee; or\nthe self-assessment by the licensee of the licence fee was based on incorrect or incomplete information; or\nwithin the relevant period there has been a change in the operation of the business conducted under the licence that would change the licence fee payable by the licensee if the change had happened before the licensee self-assessed the licence fee.\nAn application under subsection (1) must be accompanied by a revised self-assessment form.\nIn this section—\nrelevant period means 3 months after—\nfor the first licence period for a licence—the day the licence was granted; or\notherwise—the beginning of the licence period to which the licence fee relates.\nself-assessment form means a form, available from the department, showing a licensee’s calculations for the licensee’s self-assessment of the licence fee for the licence for a licence period.\ns 36J ins 2008 SL No. 418 s 22\namd 2012 SL No. 248 s 18\n(sec.36J-ssec.1) A licensee may, within the relevant period, apply to the commissioner for reassessment of the licence fee for the licence for a licence period only if— the licensee has made an error in calculating the licence fee; or the self-assessment by the licensee of the licence fee was based on incorrect or incomplete information; or within the relevant period there has been a change in the operation of the business conducted under the licence that would change the licence fee payable by the licensee if the change had happened before the licensee self-assessed the licence fee.\n(sec.36J-ssec.2) An application under subsection (1) must be accompanied by a revised self-assessment form.\n(sec.36J-ssec.3) In this section— relevant period means 3 months after— for the first licence period for a licence—the day the licence was granted; or otherwise—the beginning of the licence period to which the licence fee relates. self-assessment form means a form, available from the department, showing a licensee’s calculations for the licensee’s self-assessment of the licence fee for the licence for a licence period.\n- (a) the licensee has made an error in calculating the licence fee; or\n- (b) the self-assessment by the licensee of the licence fee was based on incorrect or incomplete information; or\n- (c) within the relevant period there has been a change in the operation of the business conducted under the licence that would change the licence fee payable by the licensee if the change had happened before the licensee self-assessed the licence fee.\n- (a) for the first licence period for a licence—the day the licence was granted; or\n- (b) otherwise—the beginning of the licence period to which the licence fee relates.","sortOrder":86},{"sectionNumber":"sec.36K","sectionType":"section","heading":"Notice of reassessment of licence fee","content":"### sec.36K Notice of reassessment of licence fee\n\nThis section applies if the commissioner conducts a reassessment of a licence fee for a licence for a licence period and works out—\nan underpaid amount is payable by the licensee; or\nan overpaid amount is refundable to the licensee.\nThe commissioner must give written notice of the reassessment to the licensee.\nIf an underpaid amount is payable by the licensee—\nthe licensee must pay the underpaid amount within 28 days of the licensee receiving the notice under subsection (2) ; and\nthe notice must state the following—\nhow the reassessment was calculated;\nthe amount payable by the licensee;\nthat the underpaid amount is payable within 28 days of the licensee receiving the notice;\nthe licensee may apply, as provided under the QCAT Act , to the tribunal for a review of a reassessment;\nhow, and the time within which, the licensee may apply, as provided under the QCAT Act , to the tribunal for a review;\nany right the licensee has to have the operation of the decision stayed under the QCAT Act , section 22 (3) .\nIf an overpaid amount is refundable to the licensee—\nthe commissioner must refund the overpaid amount to the licensee at the time of giving the notice to the licensee under subsection (2) ; and\nthe notice under subsection (2) must state the following—\nhow the reassessment was calculated;\nthe amount refunded to the licensee.\nIn this section—\noverpaid amount means the difference between the licence fee assessed by the commissioner and the licence fee assessed by the licensee, when the licence fee assessed by the commissioner is the lower fee.\nunderpaid amount means the difference between the licence fee assessed by the commissioner and the licence fee assessed by the licensee, when the licence fee assessed by the commissioner is the higher fee.\ns 36K ins 2008 SL No. 418 s 22\namd 2009 Act No. 24 s 640 ; 2012 SL No. 248 s 18\n(sec.36K-ssec.1) This section applies if the commissioner conducts a reassessment of a licence fee for a licence for a licence period and works out— an underpaid amount is payable by the licensee; or an overpaid amount is refundable to the licensee.\n(sec.36K-ssec.2) The commissioner must give written notice of the reassessment to the licensee.\n(sec.36K-ssec.3) If an underpaid amount is payable by the licensee— the licensee must pay the underpaid amount within 28 days of the licensee receiving the notice under subsection (2) ; and the notice must state the following— how the reassessment was calculated; the amount payable by the licensee; that the underpaid amount is payable within 28 days of the licensee receiving the notice; the licensee may apply, as provided under the QCAT Act , to the tribunal for a review of a reassessment; how, and the time within which, the licensee may apply, as provided under the QCAT Act , to the tribunal for a review; any right the licensee has to have the operation of the decision stayed under the QCAT Act , section 22 (3) .\n(sec.36K-ssec.4) If an overpaid amount is refundable to the licensee— the commissioner must refund the overpaid amount to the licensee at the time of giving the notice to the licensee under subsection (2) ; and the notice under subsection (2) must state the following— how the reassessment was calculated; the amount refunded to the licensee.\n(sec.36K-ssec.5) In this section— overpaid amount means the difference between the licence fee assessed by the commissioner and the licence fee assessed by the licensee, when the licence fee assessed by the commissioner is the lower fee. underpaid amount means the difference between the licence fee assessed by the commissioner and the licence fee assessed by the licensee, when the licence fee assessed by the commissioner is the higher fee.\n- (a) an underpaid amount is payable by the licensee; or\n- (b) an overpaid amount is refundable to the licensee.\n- (a) the licensee must pay the underpaid amount within 28 days of the licensee receiving the notice under subsection (2) ; and\n- (b) the notice must state the following— (i) how the reassessment was calculated; (ii) the amount payable by the licensee; (iii) that the underpaid amount is payable within 28 days of the licensee receiving the notice; (iv) the licensee may apply, as provided under the QCAT Act , to the tribunal for a review of a reassessment; (v) how, and the time within which, the licensee may apply, as provided under the QCAT Act , to the tribunal for a review; (vi) any right the licensee has to have the operation of the decision stayed under the QCAT Act , section 22 (3) .\n- (i) how the reassessment was calculated;\n- (ii) the amount payable by the licensee;\n- (iii) that the underpaid amount is payable within 28 days of the licensee receiving the notice;\n- (iv) the licensee may apply, as provided under the QCAT Act , to the tribunal for a review of a reassessment;\n- (v) how, and the time within which, the licensee may apply, as provided under the QCAT Act , to the tribunal for a review;\n- (vi) any right the licensee has to have the operation of the decision stayed under the QCAT Act , section 22 (3) .\n- (i) how the reassessment was calculated;\n- (ii) the amount payable by the licensee;\n- (iii) that the underpaid amount is payable within 28 days of the licensee receiving the notice;\n- (iv) the licensee may apply, as provided under the QCAT Act , to the tribunal for a review of a reassessment;\n- (v) how, and the time within which, the licensee may apply, as provided under the QCAT Act , to the tribunal for a review;\n- (vi) any right the licensee has to have the operation of the decision stayed under the QCAT Act , section 22 (3) .\n- (a) the commissioner must refund the overpaid amount to the licensee at the time of giving the notice to the licensee under subsection (2) ; and\n- (b) the notice under subsection (2) must state the following— (i) how the reassessment was calculated; (ii) the amount refunded to the licensee.\n- (i) how the reassessment was calculated;\n- (ii) the amount refunded to the licensee.\n- (i) how the reassessment was calculated;\n- (ii) the amount refunded to the licensee.","sortOrder":87},{"sectionNumber":"pt.8-div.5","sectionType":"division","heading":"Consequences of failing to pay licence fee","content":"## Consequences of failing to pay licence fee","sortOrder":88},{"sectionNumber":"sec.36L","sectionType":"section","heading":"Consequences of failing to pay licence fee— Act , s 208","content":"### sec.36L Consequences of failing to pay licence fee— Act , s 208\n\nThis section prescribes, for section 208 (3) (a) of the Act , the consequences of a licensee failing to pay—\nthe licence fee for the licence for a licence period; or\nan underpaid amount.\nThe licence is—\nsuspended for 28 days (the suspension period ) if the licence fee or amount is not paid on or before the due date; and\ncancelled if the licence fee or amount is not paid within the suspension period.\nSubsection (2) (b) applies subject to section 36N .\nPayment of the licence fee, or underpaid amount, during the suspension period ends the suspension of the licence.\nIn this section—\ndue date means—\nfor a licence fee—the day prescribed under section 36E ; or\nfor an underpaid amount—28 days after the licensee receives the notice under section 36K (2) stating the underpaid amount is payable by the licensee.\nunderpaid amount see section 36K (5) .\ns 36L ins 2008 SL No. 418 s 22\n(sec.36L-ssec.1) This section prescribes, for section 208 (3) (a) of the Act , the consequences of a licensee failing to pay— the licence fee for the licence for a licence period; or an underpaid amount.\n(sec.36L-ssec.2) The licence is— suspended for 28 days (the suspension period ) if the licence fee or amount is not paid on or before the due date; and cancelled if the licence fee or amount is not paid within the suspension period.\n(sec.36L-ssec.3) Subsection (2) (b) applies subject to section 36N .\n(sec.36L-ssec.4) Payment of the licence fee, or underpaid amount, during the suspension period ends the suspension of the licence.\n(sec.36L-ssec.5) In this section— due date means— for a licence fee—the day prescribed under section 36E ; or for an underpaid amount—28 days after the licensee receives the notice under section 36K (2) stating the underpaid amount is payable by the licensee. underpaid amount see section 36K (5) .\n- (a) the licence fee for the licence for a licence period; or\n- (b) an underpaid amount.\n- (a) suspended for 28 days (the suspension period ) if the licence fee or amount is not paid on or before the due date; and\n- (b) cancelled if the licence fee or amount is not paid within the suspension period.\n- (a) for a licence fee—the day prescribed under section 36E ; or\n- (b) for an underpaid amount—28 days after the licensee receives the notice under section 36K (2) stating the underpaid amount is payable by the licensee.","sortOrder":89},{"sectionNumber":"pt.8-div.6","sectionType":"division","heading":"Application to tribunal about failure to pay licence fee","content":"## Application to tribunal about failure to pay licence fee","sortOrder":90},{"sectionNumber":"sec.36M","sectionType":"section","heading":"Purpose of div 6","content":"### sec.36M Purpose of div 6\n\nThe purpose of this division is to make provision, for section 208 (3) (b) of the Act , for a licensee to apply to the tribunal about the failure to pay the licence fee for the licence for a licence period.\ns 36M ins 2008 SL No. 418 s 22\namd 2009 Act No. 24 s 642","sortOrder":91},{"sectionNumber":"sec.36N","sectionType":"section","heading":"Application to tribunal about failure to pay licence fee or underpaid amount","content":"### sec.36N Application to tribunal about failure to pay licence fee or underpaid amount\n\nThis section applies if a person is aggrieved by the suspension and impending cancellation of a licence because of a failure to pay the licence fee for the licence for a licence period, or an underpaid amount, under section 36L (2) (the outstanding amount ).\nThe person may apply, as provided under the QCAT Act , to the tribunal for an extension of time to pay the outstanding amount on the ground the failure was due to—\nthe business conducted under authority of the licence having been adversely affected by a natural disaster; or\nthe licensee ceasing to conduct business on the licensed premises under authority of the licence; or\nthe owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or\na personal hardship for the licensee.\nFinancial hardship is not a personal hardship for subsection (2) (d) .\nThe application to the tribunal under subsection (2) may only be made during the suspension period.\nIf an application is made to the tribunal under subsection (2) , the licence will not be cancelled under section 36L (2) (b) , but continues to be suspended until the suspension ends, or licence is cancelled, under section 36O .\nIn this section—\nsuspension period see section 36L (2) (a) .\ns 36N ins 2008 SL No. 418 s 22\nsub 2009 Act No. 24 s 643\n(sec.36N-ssec.1) This section applies if a person is aggrieved by the suspension and impending cancellation of a licence because of a failure to pay the licence fee for the licence for a licence period, or an underpaid amount, under section 36L (2) (the outstanding amount ).\n(sec.36N-ssec.2) The person may apply, as provided under the QCAT Act , to the tribunal for an extension of time to pay the outstanding amount on the ground the failure was due to— the business conducted under authority of the licence having been adversely affected by a natural disaster; or the licensee ceasing to conduct business on the licensed premises under authority of the licence; or the owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or a personal hardship for the licensee.\n(sec.36N-ssec.3) Financial hardship is not a personal hardship for subsection (2) (d) .\n(sec.36N-ssec.4) The application to the tribunal under subsection (2) may only be made during the suspension period.\n(sec.36N-ssec.5) If an application is made to the tribunal under subsection (2) , the licence will not be cancelled under section 36L (2) (b) , but continues to be suspended until the suspension ends, or licence is cancelled, under section 36O .\n(sec.36N-ssec.6) In this section— suspension period see section 36L (2) (a) .\n- (a) the business conducted under authority of the licence having been adversely affected by a natural disaster; or\n- (b) the licensee ceasing to conduct business on the licensed premises under authority of the licence; or\n- (c) the owner, lessee or mortgagee of the licensed premises starting a proceeding for possession of the premises; or\n- (d) a personal hardship for the licensee.","sortOrder":92},{"sectionNumber":"sec.36O","sectionType":"section","heading":"Powers of tribunal on applications under this division","content":"### sec.36O Powers of tribunal on applications under this division\n\nIn deciding the application, the tribunal may—\ngrant the application on condition that the licence fee or underpaid amount is paid to the department within a period stated by the tribunal (the time allowed ); or\nrefuse the application.\nThe time allowed must be at least 7 days, and not more than 28 days, after the day on which the application is granted.\nThe continued suspension of the licence under section 36N (5) ends if—\nthe application is granted and the licence fee or underpaid amount is paid to the department within the time allowed; or\nthe application is refused and the licence fee or underpaid amount is paid within 1 day of the application being refused.\nThe licence is cancelled if—\nthe application is granted but the licence fee or underpaid amount is not paid within the time allowed; or\nthe application is refused and the licence fee or underpaid amount is not paid within 1 day of the application being refused.\nIf the licence is cancelled under subsection (4) —\nthe part of the licence fee for the licence for the licence period in which it was suspended that is proportionate to the part of the licence period that had ended before the suspension started is a debt payable to the State; or\nthe underpaid amount is a debt payable to the State.\ns 36O ins 2008 SL No. 418 s 22\namd 2009 Act No. 24 s 644\n(sec.36O-ssec.1) In deciding the application, the tribunal may— grant the application on condition that the licence fee or underpaid amount is paid to the department within a period stated by the tribunal (the time allowed ); or refuse the application.\n(sec.36O-ssec.2) The time allowed must be at least 7 days, and not more than 28 days, after the day on which the application is granted.\n(sec.36O-ssec.3) The continued suspension of the licence under section 36N (5) ends if— the application is granted and the licence fee or underpaid amount is paid to the department within the time allowed; or the application is refused and the licence fee or underpaid amount is paid within 1 day of the application being refused.\n(sec.36O-ssec.4) The licence is cancelled if— the application is granted but the licence fee or underpaid amount is not paid within the time allowed; or the application is refused and the licence fee or underpaid amount is not paid within 1 day of the application being refused.\n(sec.36O-ssec.5) If the licence is cancelled under subsection (4) — the part of the licence fee for the licence for the licence period in which it was suspended that is proportionate to the part of the licence period that had ended before the suspension started is a debt payable to the State; or the underpaid amount is a debt payable to the State.\n- (a) grant the application on condition that the licence fee or underpaid amount is paid to the department within a period stated by the tribunal (the time allowed ); or\n- (b) refuse the application.\n- (a) the application is granted and the licence fee or underpaid amount is paid to the department within the time allowed; or\n- (b) the application is refused and the licence fee or underpaid amount is paid within 1 day of the application being refused.\n- (a) the application is granted but the licence fee or underpaid amount is not paid within the time allowed; or\n- (b) the application is refused and the licence fee or underpaid amount is not paid within 1 day of the application being refused.\n- (a) the part of the licence fee for the licence for the licence period in which it was suspended that is proportionate to the part of the licence period that had ended before the suspension started is a debt payable to the State; or\n- (b) the underpaid amount is a debt payable to the State.","sortOrder":93},{"sectionNumber":"pt.8-div.7","sectionType":"division","heading":"Exemption from payment of certain application fees","content":"## Exemption from payment of certain application fees","sortOrder":94},{"sectionNumber":"sec.36P","sectionType":"section","heading":"Exemption for certain Anzac Day related applications","content":"### sec.36P Exemption for certain Anzac Day related applications\n\nThis section applies to an applicant who makes an application for a community liquor permit, a commercial public event permit, an extended hours permit or an approval to alter, change or increase the area of licensed premises for an activity on Anzac Day that relates to the commemoration of Anzac Day.\nThe applicant is exempt from payment of a fee for the application if—\nthe applicant is an RSL or Services Club; or\nthe applicant has been asked by an RSL or Services Club to provide catering services for the activity for the RSL or Services Club.\ns 36P ins 2008 SL No. 418 s 22\n(sec.36P-ssec.1) This section applies to an applicant who makes an application for a community liquor permit, a commercial public event permit, an extended hours permit or an approval to alter, change or increase the area of licensed premises for an activity on Anzac Day that relates to the commemoration of Anzac Day.\n(sec.36P-ssec.2) The applicant is exempt from payment of a fee for the application if— the applicant is an RSL or Services Club; or the applicant has been asked by an RSL or Services Club to provide catering services for the activity for the RSL or Services Club.\n- (a) the applicant is an RSL or Services Club; or\n- (b) the applicant has been asked by an RSL or Services Club to provide catering services for the activity for the RSL or Services Club.","sortOrder":95},{"sectionNumber":"sec.37","sectionType":"section","heading":null,"content":"### Section sec.37\n\ns 37 orig s 37 om 2008 SL No. 418 s 22\nprev s 37 ins 2020 SL No. 250 s 30 (retro)\nexp 31 December 2020 (see prev s 37(3))\nins 2020 SL No. 262 s 5\nexp 30 June 2021 (see s 37(3))\npres s 37 ins 2021 SL No. 155 s 5 (retro)\namd 2022 SL No. 79 s 112\nexp 31 December 2022 (see s 37(4))","sortOrder":96},{"sectionNumber":"sec.37AA","sectionType":"section","heading":null,"content":"### Section sec.37AA\n\ns 37AA ins 2020 SL No. 250 s 30\nexp 31 December 2020 (see s 37AA(3))","sortOrder":97},{"sectionNumber":"pt.8A","sectionType":"part","heading":"Restricted areas","content":"# Restricted areas","sortOrder":98},{"sectionNumber":"sec.37A","sectionType":"section","heading":"Declaration of restricted area— Act , s 173G (1)","content":"### sec.37A Declaration of restricted area— Act , s 173G (1)\n\nAn area stated in a relevant schedule is a restricted area.\ns 37A ins 2002 SL No. 356 s 4","sortOrder":99},{"sectionNumber":"sec.37B","sectionType":"section","heading":"Declaration of prohibition of possession of liquor in restricted area— Act , s 173H","content":"### sec.37B Declaration of prohibition of possession of liquor in restricted area— Act , s 173H\n\nEach restricted area is an area to which section 168B of the Act applies.\nThe prescribed quantity of a type of liquor for a restricted area is the quantity of the type stated for the area in a relevant schedule.\ns 37B ins 2002 SL No. 356 s 4\namd 2008 SL No. 181 s 4\n(sec.37B-ssec.1) Each restricted area is an area to which section 168B of the Act applies.\n(sec.37B-ssec.2) The prescribed quantity of a type of liquor for a restricted area is the quantity of the type stated for the area in a relevant schedule.","sortOrder":100},{"sectionNumber":"pt.8B","sectionType":"part","heading":"Provisions about conditions of licences and permits for Brisbane City Council area","content":"# Provisions about conditions of licences and permits for Brisbane City Council area","sortOrder":101},{"sectionNumber":"sec.37C","sectionType":"section","heading":"Number of crowd controllers— Act , s 142AG","content":"### sec.37C Number of crowd controllers— Act , s 142AG\n\nFor section 142AG (2) (b) of the Act , the number of crowd controllers prescribed for premises is the number stated for the following number of patrons of the premises—\nnot more than 100 patrons—1;\nmore than 100 but not more than 200 patrons—2;\nmore than 200 but not more than 300 patrons—3;\nmore than 300 but not more than 400 patrons—4;\nmore than 400 but not more than 500 patrons—5;\nmore than 500 patrons—5, plus at least 1 crowd controller for each 250 patrons, or part of 250, more than 500.\ns 37C ins 2006 SL No. 22 s 4\namd 2014 SL No. 225 s 7\n- (a) not more than 100 patrons—1;\n- (b) more than 100 but not more than 200 patrons—2;\n- (c) more than 200 but not more than 300 patrons—3;\n- (d) more than 300 but not more than 400 patrons—4;\n- (e) more than 400 but not more than 500 patrons—5;\n- (f) more than 500 patrons—5, plus at least 1 crowd controller for each 250 patrons, or part of 250, more than 500.","sortOrder":102},{"sectionNumber":"sec.37D","sectionType":"section","heading":"Minimum requirements for closed-circuit television equipment— Act , s 142AH (c) (i)","content":"### sec.37D Minimum requirements for closed-circuit television equipment— Act , s 142AH (c) (i)\n\nFor section 142AH (c) (i) of the Act , the minimum requirements for closed-circuit television equipment are—\nthe equipment must be installed in a way that clearly records, at each entrance and exit of the premises providing access for patrons—\nall patrons entering or leaving the premises; and\ninteraction between the patrons and a crowd controller or staff of the premises; and\neach recording made by the equipment must display on the recording the time and date of the recording; and\nthe equipment must be able to store each recording made by it for at least 28 days; and\nthe equipment, or a device (a related device ) used at the licensed premises for storing recordings made by the equipment, must be able to store each recording made by the equipment for at least 1 year; and\nthe equipment and any related device must be able to produce a digital copy of each recording stored on the equipment or device.\ns 37D ins 2006 SL No. 22 s 4\namd 2014 SL No. 225 s 8\n- (a) the equipment must be installed in a way that clearly records, at each entrance and exit of the premises providing access for patrons— (i) all patrons entering or leaving the premises; and (ii) interaction between the patrons and a crowd controller or staff of the premises; and\n- (i) all patrons entering or leaving the premises; and\n- (ii) interaction between the patrons and a crowd controller or staff of the premises; and\n- (b) each recording made by the equipment must display on the recording the time and date of the recording; and\n- (c) the equipment must be able to store each recording made by it for at least 28 days; and\n- (d) the equipment, or a device (a related device ) used at the licensed premises for storing recordings made by the equipment, must be able to store each recording made by the equipment for at least 1 year; and\n- (e) the equipment and any related device must be able to produce a digital copy of each recording stored on the equipment or device.\n- (i) all patrons entering or leaving the premises; and\n- (ii) interaction between the patrons and a crowd controller or staff of the premises; and","sortOrder":103},{"sectionNumber":"sec.37DA","sectionType":"section","heading":"Requirements for maintaining closed-circuit television equipment— Act , s 142AH","content":"### sec.37DA Requirements for maintaining closed-circuit television equipment— Act , s 142AH\n\nThis section prescribes the requirements for maintaining closed-circuit television equipment for section 142AH (ca) of the Act .\nDuring each trading period in which the licensed premises are open for the conduct of business—\nthe equipment must be checked, no later than 12.30a.m., to ensure the equipment is operating effectively; and\nthe following details must be recorded—\nthe date and time the equipment was checked;\nthe name of the person who checked the equipment;\nwhether the equipment was operating effectively.\nIf the equipment is not operating effectively when it is checked, or if it otherwise malfunctions—\narrangements to repair the equipment must be made within 48 hours of when the malfunction is identified; and\nthe following details must be recorded—\nthe date and time the malfunction of the equipment was identified;\nthe name of the person who identified the malfunction;\nthe arrangements made to repair the equipment, including—\nthe date and time the arrangements were made; and\nthe name of the person who made the arrangements; and\nthe nature of the arrangements made to repair the equipment; and\nthe date the equipment is repaired.\nAlso, at least every 6 months—\nthe equipment and any related device must be checked and certified by an appropriately qualified person; and\nthe certification must be recorded in a register.\nThe certification must state—\nthat the equipment and any related device are in good working order; and\nwithout limiting paragraph (a) , that—\nthe equipment is able to record images clearly; and\nthe equipment is able to store each recording made by it for at least 28 days; and\neither the equipment or a related device is able to store each recording made by the equipment for at least 1 year; and\nthe equipment and any related device is able to produce a digital copy of each recording stored on the equipment or device.\nThe following must be stored in a secure place at the premises—\ndetails recorded under subsection (2) (b) or (3) (b) ;\nthe register mentioned in subsection (4) (b) .\nIn this section—\nrelated device see section 37D (d) .\ns 37DA ins 2014 SL No. 225 s 9\namd 2020 SL No. 192 s 3\n(sec.37DA-ssec.1) This section prescribes the requirements for maintaining closed-circuit television equipment for section 142AH (ca) of the Act .\n(sec.37DA-ssec.2) During each trading period in which the licensed premises are open for the conduct of business— the equipment must be checked, no later than 12.30a.m., to ensure the equipment is operating effectively; and the following details must be recorded— the date and time the equipment was checked; the name of the person who checked the equipment; whether the equipment was operating effectively.\n(sec.37DA-ssec.3) If the equipment is not operating effectively when it is checked, or if it otherwise malfunctions— arrangements to repair the equipment must be made within 48 hours of when the malfunction is identified; and the following details must be recorded— the date and time the malfunction of the equipment was identified; the name of the person who identified the malfunction; the arrangements made to repair the equipment, including— the date and time the arrangements were made; and the name of the person who made the arrangements; and the nature of the arrangements made to repair the equipment; and the date the equipment is repaired.\n(sec.37DA-ssec.4) Also, at least every 6 months— the equipment and any related device must be checked and certified by an appropriately qualified person; and the certification must be recorded in a register.\n(sec.37DA-ssec.5) The certification must state— that the equipment and any related device are in good working order; and without limiting paragraph (a) , that— the equipment is able to record images clearly; and the equipment is able to store each recording made by it for at least 28 days; and either the equipment or a related device is able to store each recording made by the equipment for at least 1 year; and the equipment and any related device is able to produce a digital copy of each recording stored on the equipment or device.\n(sec.37DA-ssec.6) The following must be stored in a secure place at the premises— details recorded under subsection (2) (b) or (3) (b) ; the register mentioned in subsection (4) (b) .\n(sec.37DA-ssec.7) In this section— related device see section 37D (d) .\n- (a) the equipment must be checked, no later than 12.30a.m., to ensure the equipment is operating effectively; and\n- (b) the following details must be recorded— (i) the date and time the equipment was checked; (ii) the name of the person who checked the equipment; (iii) whether the equipment was operating effectively.\n- (i) the date and time the equipment was checked;\n- (ii) the name of the person who checked the equipment;\n- (iii) whether the equipment was operating effectively.\n- (i) the date and time the equipment was checked;\n- (ii) the name of the person who checked the equipment;\n- (iii) whether the equipment was operating effectively.\n- (a) arrangements to repair the equipment must be made within 48 hours of when the malfunction is identified; and\n- (b) the following details must be recorded— (i) the date and time the malfunction of the equipment was identified; (ii) the name of the person who identified the malfunction; (iii) the arrangements made to repair the equipment, including— (A) the date and time the arrangements were made; and (B) the name of the person who made the arrangements; and (C) the nature of the arrangements made to repair the equipment; and (D) the date the equipment is repaired.\n- (i) the date and time the malfunction of the equipment was identified;\n- (ii) the name of the person who identified the malfunction;\n- (iii) the arrangements made to repair the equipment, including— (A) the date and time the arrangements were made; and (B) the name of the person who made the arrangements; and (C) the nature of the arrangements made to repair the equipment; and (D) the date the equipment is repaired.\n- (A) the date and time the arrangements were made; and\n- (B) the name of the person who made the arrangements; and\n- (C) the nature of the arrangements made to repair the equipment; and\n- (D) the date the equipment is repaired.\n- (i) the date and time the malfunction of the equipment was identified;\n- (ii) the name of the person who identified the malfunction;\n- (iii) the arrangements made to repair the equipment, including— (A) the date and time the arrangements were made; and (B) the name of the person who made the arrangements; and (C) the nature of the arrangements made to repair the equipment; and (D) the date the equipment is repaired.\n- (A) the date and time the arrangements were made; and\n- (B) the name of the person who made the arrangements; and\n- (C) the nature of the arrangements made to repair the equipment; and\n- (D) the date the equipment is repaired.\n- (A) the date and time the arrangements were made; and\n- (B) the name of the person who made the arrangements; and\n- (C) the nature of the arrangements made to repair the equipment; and\n- (D) the date the equipment is repaired.\n- (a) the equipment and any related device must be checked and certified by an appropriately qualified person; and\n- (b) the certification must be recorded in a register.\n- (a) that the equipment and any related device are in good working order; and\n- (b) without limiting paragraph (a) , that— (i) the equipment is able to record images clearly; and (ii) the equipment is able to store each recording made by it for at least 28 days; and (iii) either the equipment or a related device is able to store each recording made by the equipment for at least 1 year; and (iv) the equipment and any related device is able to produce a digital copy of each recording stored on the equipment or device.\n- (i) the equipment is able to record images clearly; and\n- (ii) the equipment is able to store each recording made by it for at least 28 days; and\n- (iii) either the equipment or a related device is able to store each recording made by the equipment for at least 1 year; and\n- (iv) the equipment and any related device is able to produce a digital copy of each recording stored on the equipment or device.\n- (i) the equipment is able to record images clearly; and\n- (ii) the equipment is able to store each recording made by it for at least 28 days; and\n- (iii) either the equipment or a related device is able to store each recording made by the equipment for at least 1 year; and\n- (iv) the equipment and any related device is able to produce a digital copy of each recording stored on the equipment or device.\n- (a) details recorded under subsection (2) (b) or (3) (b) ;\n- (b) the register mentioned in subsection (4) (b) .","sortOrder":104},{"sectionNumber":"sec.37DB","sectionType":"section","heading":"Requirements for storing recordings made by closed-circuit television equipment— Act , s 142AH (f)","content":"### sec.37DB Requirements for storing recordings made by closed-circuit television equipment— Act , s 142AH (f)\n\nThis section prescribes the requirements for storing a recording made by closed-circuit television equipment for section 142AH (f) of the Act .\nThe secure place in which each recording is stored must be a place that only the licensee or a person authorised by the licensee is able to access.\ns 37DB ins 2014 SL No. 225 s 9\n(sec.37DB-ssec.1) This section prescribes the requirements for storing a recording made by closed-circuit television equipment for section 142AH (f) of the Act .\n(sec.37DB-ssec.2) The secure place in which each recording is stored must be a place that only the licensee or a person authorised by the licensee is able to access.","sortOrder":105},{"sectionNumber":"sec.37E","sectionType":"section","heading":"Information for incident register— Act , s 142AI","content":"### sec.37E Information for incident register— Act , s 142AI\n\nFor section 142AI (1) (a) of the Act , the following information is prescribed for an incident at licensed premises or premises to which a permit relates—\nthe date and time the incident happened;\na description of the place at the premises where the incident happened;\na description of each person involved in the incident and, if known, the person’s name;\ndetails of the incident, including, for example, information about whether a patron was removed from the premises because of the incident;\ndetails of injuries sustained by persons involved in the incident;\ndetails of action taken by a crowd controller or member of staff of the premises in response to the incident.\ns 37E ins 2006 SL No. 22 s 4\n- (a) the date and time the incident happened;\n- (b) a description of the place at the premises where the incident happened;\n- (c) a description of each person involved in the incident and, if known, the person’s name;\n- (d) details of the incident, including, for example, information about whether a patron was removed from the premises because of the incident;\n- (e) details of injuries sustained by persons involved in the incident;\n- (f) details of action taken by a crowd controller or member of staff of the premises in response to the incident.","sortOrder":106},{"sectionNumber":"sec.37F","sectionType":"section","heading":null,"content":"### Section sec.37F\n\ns 37F ins 2006 SL No. 22 s 4\nsub 2008 SL No. 418 s 23\nom 2014 SL No. 89 s 4","sortOrder":107},{"sectionNumber":"sec.37G","sectionType":"section","heading":null,"content":"### Section sec.37G\n\ns 37G ins 2006 SL No. 22 s 4\nom 2008 SL No. 418 s 24","sortOrder":108},{"sectionNumber":"sec.37H","sectionType":"section","heading":"Prescribed activities— Act , s 142AJ (b)","content":"### sec.37H Prescribed activities— Act , s 142AJ (b)\n\nFor section 142AJ (b) of the Act , the following activities are prescribed for licensed premises—\nthe holding of an event or occasion in or on which a person’s membership of a group, or participation in the event or occasion, entitles the person to free or discounted liquor;\na ‘blondes’ night’, ‘students’ night’, ‘nurses’ night’ or other theme night\na promotional or other activity that offers a person, as a reward, free or discounted liquor for consumption on the premises;\na raffle in which a person might win free or discounted liquor for a day\na promotional or other activity that offers a person a reward, other than free or discounted liquor, if the person would need to drink more than 4 standard drinks on any day to win the reward.\nA promotional activity in which a ‘drinks card’ is given to a person at a particular time, and to win a T-shirt by using the card the person would need to drink more than 4 standard drinks on any day.\nAlso, for section 142AJ (b) of the Act , all of the following activities are prescribed for licensed premises—\nfor the period from 7a.m. on a day to 9p.m. on the day— having a happy hour that is more than 2 hours;\nfor the period from 9p.m. in the trading period to 1a.m. in the period—having a happy hour that is more than 1 hour;\nfor the period after 1a.m. in the trading period—having a happy hour or part of a happy hour;\nif the premises have more than 1 happy hour on a day—having the happy hours without at least 1 hour between the end of each happy hour and the start of the following happy hour;\non any day—having a happy hour that starts before 9p.m. and ends after 9p.m.\nIn this section—\nhappy hour means a set period, commonly called a ‘happy hour’, during which liquor is generally available on the premises during the period for free or at a discounted price.\nstandard drink means the quantity of any kind of alcoholic drink that, if consumed, is equivalent to drinking 12.5mL of alcohol.\ns 37H ins 2006 SL No. 66 s 4\namd 2008 SL No. 418 s 25\n(sec.37H-ssec.1) For section 142AJ (b) of the Act , the following activities are prescribed for licensed premises— the holding of an event or occasion in or on which a person’s membership of a group, or participation in the event or occasion, entitles the person to free or discounted liquor; a ‘blondes’ night’, ‘students’ night’, ‘nurses’ night’ or other theme night a promotional or other activity that offers a person, as a reward, free or discounted liquor for consumption on the premises; a raffle in which a person might win free or discounted liquor for a day a promotional or other activity that offers a person a reward, other than free or discounted liquor, if the person would need to drink more than 4 standard drinks on any day to win the reward. A promotional activity in which a ‘drinks card’ is given to a person at a particular time, and to win a T-shirt by using the card the person would need to drink more than 4 standard drinks on any day.\n(sec.37H-ssec.2) Also, for section 142AJ (b) of the Act , all of the following activities are prescribed for licensed premises— for the period from 7a.m. on a day to 9p.m. on the day— having a happy hour that is more than 2 hours; for the period from 9p.m. in the trading period to 1a.m. in the period—having a happy hour that is more than 1 hour; for the period after 1a.m. in the trading period—having a happy hour or part of a happy hour; if the premises have more than 1 happy hour on a day—having the happy hours without at least 1 hour between the end of each happy hour and the start of the following happy hour; on any day—having a happy hour that starts before 9p.m. and ends after 9p.m.\n(sec.37H-ssec.3) In this section— happy hour means a set period, commonly called a ‘happy hour’, during which liquor is generally available on the premises during the period for free or at a discounted price. standard drink means the quantity of any kind of alcoholic drink that, if consumed, is equivalent to drinking 12.5mL of alcohol.\n- (a) the holding of an event or occasion in or on which a person’s membership of a group, or participation in the event or occasion, entitles the person to free or discounted liquor; Examples— a ‘blondes’ night’, ‘students’ night’, ‘nurses’ night’ or other theme night\n- (b) a promotional or other activity that offers a person, as a reward, free or discounted liquor for consumption on the premises; Example— a raffle in which a person might win free or discounted liquor for a day\n- (c) a promotional or other activity that offers a person a reward, other than free or discounted liquor, if the person would need to drink more than 4 standard drinks on any day to win the reward. Example— A promotional activity in which a ‘drinks card’ is given to a person at a particular time, and to win a T-shirt by using the card the person would need to drink more than 4 standard drinks on any day.\n- (a) for the period from 7a.m. on a day to 9p.m. on the day— having a happy hour that is more than 2 hours;\n- (b) for the period from 9p.m. in the trading period to 1a.m. in the period—having a happy hour that is more than 1 hour;\n- (c) for the period after 1a.m. in the trading period—having a happy hour or part of a happy hour;\n- (d) if the premises have more than 1 happy hour on a day—having the happy hours without at least 1 hour between the end of each happy hour and the start of the following happy hour;\n- (e) on any day—having a happy hour that starts before 9p.m. and ends after 9p.m.","sortOrder":109},{"sectionNumber":"pt.9","sectionType":"part","heading":"Miscellaneous","content":"# Miscellaneous","sortOrder":110},{"sectionNumber":"sec.38","sectionType":"section","heading":"Approved training course— Act , s 4 , definition approved training course","content":"### sec.38 Approved training course— Act , s 4 , definition approved training course\n\nFor section 4 of the Act , definition approved training course , the prescribed course is the course called ‘Provide responsible service of alcohol’—\nthat is a unit of competency or module of a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; and\nfor which a VET statement of attainment under that Act is given for satisfying the requirements of the unit or module.\ns 38 prev s 38 om 2010 SL No. 189 s 117\npres s 38 ins 2013 SL No. 120 s 13\n- (a) that is a unit of competency or module of a VET course under the National Vocational Education and Training Regulator Act 2011 (Cwlth) ; and\n- (b) for which a VET statement of attainment under that Act is given for satisfying the requirements of the unit or module.","sortOrder":111},{"sectionNumber":"sec.38AA","sectionType":"section","heading":"Prescribed criteria for show or exhibition— Act , s 4 , definition small regional show","content":"### sec.38AA Prescribed criteria for show or exhibition— Act , s 4 , definition small regional show\n\nFor section 4 of the Act , definition small regional show , the prescribed criteria for a show or exhibition are—\nthe show or exhibition is conducted by a member society of the Queensland Chamber of Agricultural Societies Inc.; and\nthe show or exhibition is the member society’s primary annual event; and\nthe estimated number of members of the public expected to attend the show or exhibition is not more than 2,000 a day; and\nliquor is sold at the show or exhibition for not more than 14 hours a day; and\nthe duration of the show or exhibition is not more than 3 consecutive days.\ns 38AA ins 2013 SL No.145 s 3\n- (a) the show or exhibition is conducted by a member society of the Queensland Chamber of Agricultural Societies Inc.; and\n- (b) the show or exhibition is the member society’s primary annual event; and\n- (c) the estimated number of members of the public expected to attend the show or exhibition is not more than 2,000 a day; and\n- (d) liquor is sold at the show or exhibition for not more than 14 hours a day; and\n- (e) the duration of the show or exhibition is not more than 3 consecutive days.","sortOrder":112},{"sectionNumber":"sec.38AB","sectionType":"section","heading":"Prescription of particular substances and maximum amounts— Act , s 14AB","content":"### sec.38AB Prescription of particular substances and maximum amounts— Act , s 14AB\n\nFor section 14AB (2) (b) (i) of the Act , spirituous cooking essence is prescribed.\nFor section 14AB (2) (b) (iii) of the Act , the following maximum amounts are prescribed for spirituous cooking essence—\nif the essence is vanilla essence—100mL;\notherwise—50mL.\ns 38AB ins 2016 Act No. 4 s 64\n(sec.38AB-ssec.1) For section 14AB (2) (b) (i) of the Act , spirituous cooking essence is prescribed.\n(sec.38AB-ssec.2) For section 14AB (2) (b) (iii) of the Act , the following maximum amounts are prescribed for spirituous cooking essence— if the essence is vanilla essence—100mL; otherwise—50mL.\n- (a) if the essence is vanilla essence—100mL;\n- (b) otherwise—50mL.","sortOrder":113},{"sectionNumber":"sec.38A","sectionType":"section","heading":"Matters for risk-assessed management plan— Act , s 4 , definition risk-assessed management plan","content":"### sec.38A Matters for risk-assessed management plan— Act , s 4 , definition risk-assessed management plan\n\nFor section 4 of the Act , definition risk-assessed management plan , the following matters are prescribed—\nresponsible service of liquor at the premises;\nmatters addressed in a liquor accord to which the licensee or permittee for the premises is a party;\narrangements for the following at the premises—\nlighting;\nnoise mitigation;\nsecurity;\ntransport provided for the use of patrons of the premises;\nprovision of food at the premises;\ntraining staff of the premises;\ndealing with minors on the premises;\ndealing with unduly intoxicated and disorderly patrons of the premises;\nhow any impact the business conducted at the premises has on the amenity of the surrounding area will be mitigated;\nconsultation with community and liquor industry groups about the conduct of business at the premises;\nensuring the conduct of business at the premises complies with the Act and other laws;\nif the licence for the premises is a commercial other licence—the principal activity of the business conducted under the licence.\nIn this section—\nliquor accord see section 224 (2) of the Act .\npremises means licensed premises or premises to which a restricted liquor permit relates.\ns 38A ins 2008 SL No. 418 s 26\namd 2009 SL No. 94 s 8 ; 2016 Act No. 4 s 65\n(sec.38A-ssec.1) For section 4 of the Act , definition risk-assessed management plan , the following matters are prescribed— responsible service of liquor at the premises; matters addressed in a liquor accord to which the licensee or permittee for the premises is a party; arrangements for the following at the premises— lighting; noise mitigation; security; transport provided for the use of patrons of the premises; provision of food at the premises; training staff of the premises; dealing with minors on the premises; dealing with unduly intoxicated and disorderly patrons of the premises; how any impact the business conducted at the premises has on the amenity of the surrounding area will be mitigated; consultation with community and liquor industry groups about the conduct of business at the premises; ensuring the conduct of business at the premises complies with the Act and other laws; if the licence for the premises is a commercial other licence—the principal activity of the business conducted under the licence.\n(sec.38A-ssec.2) In this section— liquor accord see section 224 (2) of the Act . premises means licensed premises or premises to which a restricted liquor permit relates.\n- (a) responsible service of liquor at the premises;\n- (b) matters addressed in a liquor accord to which the licensee or permittee for the premises is a party;\n- (c) arrangements for the following at the premises— (i) lighting; (ii) noise mitigation; (iii) security; (iv) transport provided for the use of patrons of the premises;\n- (i) lighting;\n- (ii) noise mitigation;\n- (iii) security;\n- (iv) transport provided for the use of patrons of the premises;\n- (d) provision of food at the premises;\n- (e) training staff of the premises;\n- (f) dealing with minors on the premises;\n- (g) dealing with unduly intoxicated and disorderly patrons of the premises;\n- (h) how any impact the business conducted at the premises has on the amenity of the surrounding area will be mitigated;\n- (i) consultation with community and liquor industry groups about the conduct of business at the premises;\n- (j) ensuring the conduct of business at the premises complies with the Act and other laws;\n- (k) if the licence for the premises is a commercial other licence—the principal activity of the business conducted under the licence.\n- (i) lighting;\n- (ii) noise mitigation;\n- (iii) security;\n- (iv) transport provided for the use of patrons of the premises;","sortOrder":114},{"sectionNumber":"sec.39","sectionType":"section","heading":"Proposed amendment to club rules","content":"### sec.39 Proposed amendment to club rules\n\nSections 79 (2) and 83 (2) of the Act do not apply to amendments of the rules of a club other than amendments about the following—\neligibility for membership of the club;\ncategories of membership of the club;\neligibility for election to the club’s management committee;\nvoting rights of the club’s members;\nfunctions of the club’s management committee;\npayment to an officer or employee of the club;\nthe club’s non-proprietary status.\ns 39 amd 2008 SL No. 418 s 27\n- (a) eligibility for membership of the club;\n- (b) categories of membership of the club;\n- (c) eligibility for election to the club’s management committee;\n- (d) voting rights of the club’s members;\n- (e) functions of the club’s management committee;\n- (f) payment to an officer or employee of the club;\n- (g) the club’s non-proprietary status.","sortOrder":115},{"sectionNumber":"sec.39A","sectionType":"section","heading":null,"content":"### Section sec.39A\n\ns 39A ins 2008 SL No. 418 s 28\nom 2014 SL No. 89 s 5","sortOrder":116},{"sectionNumber":"sec.40","sectionType":"section","heading":"Prescription of limits for noise that if exceeded constitute unreasonable noise","content":"### sec.40 Prescription of limits for noise that if exceeded constitute unreasonable noise\n\nFor the definition unreasonable noise in section 4 of the Act , the limits for noise are as follows—\nbetween 6a.m. and 10p.m.—the adjusted maximum sound pressure level L A10 , plus adjustments for tonal and impulse components, exceeding the background level L A90 by more than 10dB(A);\nbetween 10p.m. and 6a.m.—the sound pressure level L OCT10 , in a full octave band with centre frequencies from 63HZ to 2,000HZ, exceeding the background level L OCT90 by more than 8dB in any octave band.\ns 40 amd 2014 SL No. 225 s 10\n- (a) between 6a.m. and 10p.m.—the adjusted maximum sound pressure level L A10 , plus adjustments for tonal and impulse components, exceeding the background level L A90 by more than 10dB(A);\n- (b) between 10p.m. and 6a.m.—the sound pressure level L OCT10 , in a full octave band with centre frequencies from 63HZ to 2,000HZ, exceeding the background level L OCT90 by more than 8dB in any octave band.","sortOrder":117},{"sectionNumber":"sec.41","sectionType":"section","heading":"Unacceptable practices and promotions— Act , s 142ZZ (2) (g)","content":"### sec.41 Unacceptable practices and promotions— Act , s 142ZZ (2) (g)\n\nFor section 142ZZ (2) (g) of the Act , the practice of serving or supplying liquor to a patron while holding the patron’s financial institution access card or other property pending payment for the liquor, in a way that discourages the patron from monitoring or controlling the patron’s purchase of liquor, is prescribed.\ns 41 sub 2003 SL No. 231 s 3\namd 2005 SL No. 317 s 4 ; 2008 SL No. 29 s 5 ; 2010 SL No. 327 s 5\nsub 2014 SL No. 225 s 11","sortOrder":118},{"sectionNumber":"sec.41A","sectionType":"section","heading":"Maximum period for car park approval— Act , s 142ZZJ (3)","content":"### sec.41A Maximum period for car park approval— Act , s 142ZZJ (3)\n\nFor section 142ZZJ (3) of the Act , the period is 3 months.\ns 41A ins 2016 Act No. 4 s 66","sortOrder":119},{"sectionNumber":"sec.41B","sectionType":"section","heading":"Rapid intoxication drinks— Act , s 155AG (b)","content":"### sec.41B Rapid intoxication drinks— Act , s 155AG (b)\n\nFor section 155AG (b) of the Act , the following types of drinks are prescribed—\na drink, served in a small glass or other small container that allows the drink to be consumed rapidly, if it is—\na drink commonly known as a shot, shooter, bomb, blaster or test tube; or\na jelly shot; or\nanother drink, however described, that is similar to a drink mentioned in subparagraph (i) or (ii) ;\na drink, prepared on licensed premises or premises to which a permit relates, that contains more than 45ml of spirits or liqueur;\na pre-mixed alcoholic drink that is either or both of the following—\na drink in which the level of ethyl alcohol (ethanol) is more than 5% by volume;\na drink that contains more ethyl alcohol (ethanol) than 2 standard drinks.\na drink in which the amount of ethyl alcohol (ethanol) is 10% by volume and the equivalent of 1.6 standard drinks\na drink in which the amount of ethyl alcohol (ethanol) is 4.8% by volume and the equivalent of 2.5 standard drinks\na drink in which the amount of ethyl alcohol (ethanol) is 6% by volume and the equivalent of 3.1 standard drinks\nSubsection (1) (b) does not include a drink that is a cocktail if—\nthe cocktail is listed on a document (a cocktail menu ) prepared by the licensee for licensed premises, or the permittee for premises to which a permit relates, and displayed on the premises; and\nthe cocktail’s price is listed on the cocktail menu; and\nduring the restricted period the cocktail is not sold for less than the price listed on the cocktail menu for the cocktail; and\nthe cocktail is not designed to be consumed rapidly.\nIn this section—\njelly shot means the product described in section 42A (2) .\npre-mixed alcoholic drink means an alcoholic mixed drink prepared by a manufacturer.\ns 41B ins 2016 SL No. 71 s 4\namd 2018 SL No. 92 s 4\n(sec.41B-ssec.1) For section 155AG (b) of the Act , the following types of drinks are prescribed— a drink, served in a small glass or other small container that allows the drink to be consumed rapidly, if it is— a drink commonly known as a shot, shooter, bomb, blaster or test tube; or a jelly shot; or another drink, however described, that is similar to a drink mentioned in subparagraph (i) or (ii) ; a drink, prepared on licensed premises or premises to which a permit relates, that contains more than 45ml of spirits or liqueur; a pre-mixed alcoholic drink that is either or both of the following— a drink in which the level of ethyl alcohol (ethanol) is more than 5% by volume; a drink that contains more ethyl alcohol (ethanol) than 2 standard drinks. a drink in which the amount of ethyl alcohol (ethanol) is 10% by volume and the equivalent of 1.6 standard drinks a drink in which the amount of ethyl alcohol (ethanol) is 4.8% by volume and the equivalent of 2.5 standard drinks a drink in which the amount of ethyl alcohol (ethanol) is 6% by volume and the equivalent of 3.1 standard drinks\n(sec.41B-ssec.2) Subsection (1) (b) does not include a drink that is a cocktail if—\n(sec.41B-ssec) the cocktail is listed on a document (a cocktail menu ) prepared by the licensee for licensed premises, or the permittee for premises to which a permit relates, and displayed on the premises; and the cocktail’s price is listed on the cocktail menu; and during the restricted period the cocktail is not sold for less than the price listed on the cocktail menu for the cocktail; and the cocktail is not designed to be consumed rapidly.\n(sec.41B-ssec.3) In this section— jelly shot means the product described in section 42A (2) . pre-mixed alcoholic drink means an alcoholic mixed drink prepared by a manufacturer.\n- (a) a drink, served in a small glass or other small container that allows the drink to be consumed rapidly, if it is— (i) a drink commonly known as a shot, shooter, bomb, blaster or test tube; or (ii) a jelly shot; or (iii) another drink, however described, that is similar to a drink mentioned in subparagraph (i) or (ii) ;\n- (i) a drink commonly known as a shot, shooter, bomb, blaster or test tube; or\n- (ii) a jelly shot; or\n- (iii) another drink, however described, that is similar to a drink mentioned in subparagraph (i) or (ii) ;\n- (b) a drink, prepared on licensed premises or premises to which a permit relates, that contains more than 45ml of spirits or liqueur;\n- (c) a pre-mixed alcoholic drink that is either or both of the following— (i) a drink in which the level of ethyl alcohol (ethanol) is more than 5% by volume; (ii) a drink that contains more ethyl alcohol (ethanol) than 2 standard drinks.\n- (i) a drink in which the level of ethyl alcohol (ethanol) is more than 5% by volume;\n- (ii) a drink that contains more ethyl alcohol (ethanol) than 2 standard drinks.\n- (i) a drink commonly known as a shot, shooter, bomb, blaster or test tube; or\n- (ii) a jelly shot; or\n- (iii) another drink, however described, that is similar to a drink mentioned in subparagraph (i) or (ii) ;\n- (i) a drink in which the level of ethyl alcohol (ethanol) is more than 5% by volume;\n- (ii) a drink that contains more ethyl alcohol (ethanol) than 2 standard drinks.\n- • a drink in which the amount of ethyl alcohol (ethanol) is 10% by volume and the equivalent of 1.6 standard drinks\n- • a drink in which the amount of ethyl alcohol (ethanol) is 4.8% by volume and the equivalent of 2.5 standard drinks\n- • a drink in which the amount of ethyl alcohol (ethanol) is 6% by volume and the equivalent of 3.1 standard drinks\n- (a) the cocktail is listed on a document (a cocktail menu ) prepared by the licensee for licensed premises, or the permittee for premises to which a permit relates, and displayed on the premises; and\n- (b) the cocktail’s price is listed on the cocktail menu; and\n- (c) during the restricted period the cocktail is not sold for less than the price listed on the cocktail menu for the cocktail; and\n- (d) the cocktail is not designed to be consumed rapidly.","sortOrder":120},{"sectionNumber":"sec.42","sectionType":"section","heading":"Prescribed sports for sporting clubs— Act , ss 86 and 103IB","content":"### sec.42 Prescribed sports for sporting clubs— Act , ss 86 and 103IB\n\nFor sections 86 (5) (b) and 103IB (2) (b) of the Act , the following sports are prescribed—\ngolf;\nlawn bowls.\ns 42 prev s 42 exp 30 September 2003 (see s 53)\npres s 42 ins 2008 SL No. 418 s 29\namd 2017 SL No. 168 s 3\n- (a) golf;\n- (b) lawn bowls.","sortOrder":121},{"sectionNumber":"sec.42A","sectionType":"section","heading":"Undesirable liquor product— Act , s 156B","content":"### sec.42A Undesirable liquor product— Act , s 156B\n\nFor section 156B (1) of the Act , each of the following is declared to be an undesirable liquor product—\na product containing liquor in a flexible tube bearing a name that includes either or both of the words ‘go’ or ‘vodka’, whether in lower case, upper case or a combination of both;\na product that is liquor in powdered or crystal form.\nthe powdered alcohol known as Palcohol\na powder contained in a capsule or in the form of a tablet\nAlso, for section 156B (1) of the Act , a product that blends liquor with gelatine, agar, agar-agar, kanten, Irish moss or a similar product, to create a jelly-like substance that is liquor, is declared to be an undesirable liquor product.\nHowever, subsection (2) only applies if—\nthe product is sold or supplied for consumption off the licensed premises on which it is sold or supplied; or\nthe product is sold or supplied in a syringe or syringe-like product, whether for consumption on or off the licensed premises on which it is sold or supplied.\nIn this section—\nflexible tube means a flexible metal, plastic or laminate container sealed permanently at one end and having a cap at the other end.\ns 42A ins 2009 SL No. 215 s 4\namd 2014 SL No. 261 s 4 ; 2018 SL No. 92 s 5\n(sec.42A-ssec.1) For section 156B (1) of the Act , each of the following is declared to be an undesirable liquor product— a product containing liquor in a flexible tube bearing a name that includes either or both of the words ‘go’ or ‘vodka’, whether in lower case, upper case or a combination of both; a product that is liquor in powdered or crystal form. the powdered alcohol known as Palcohol a powder contained in a capsule or in the form of a tablet\n(sec.42A-ssec.2) Also, for section 156B (1) of the Act , a product that blends liquor with gelatine, agar, agar-agar, kanten, Irish moss or a similar product, to create a jelly-like substance that is liquor, is declared to be an undesirable liquor product.\n(sec.42A-ssec.3) However, subsection (2) only applies if— the product is sold or supplied for consumption off the licensed premises on which it is sold or supplied; or the product is sold or supplied in a syringe or syringe-like product, whether for consumption on or off the licensed premises on which it is sold or supplied.\n(sec.42A-ssec.4) In this section— flexible tube means a flexible metal, plastic or laminate container sealed permanently at one end and having a cap at the other end.\n- (a) a product containing liquor in a flexible tube bearing a name that includes either or both of the words ‘go’ or ‘vodka’, whether in lower case, upper case or a combination of both;\n- (b) a product that is liquor in powdered or crystal form. Examples for paragraph (b) — • the powdered alcohol known as Palcohol • a powder contained in a capsule or in the form of a tablet\n- • the powdered alcohol known as Palcohol\n- • a powder contained in a capsule or in the form of a tablet\n- • the powdered alcohol known as Palcohol\n- • a powder contained in a capsule or in the form of a tablet\n- (a) the product is sold or supplied for consumption off the licensed premises on which it is sold or supplied; or\n- (b) the product is sold or supplied in a syringe or syringe-like product, whether for consumption on or off the licensed premises on which it is sold or supplied.","sortOrder":122},{"sectionNumber":"sec.43","sectionType":"section","heading":"Prescribed public places where consumption of liquor is prohibited— Act , s 173B (1) (a) (iii)","content":"### sec.43 Prescribed public places where consumption of liquor is prohibited— Act , s 173B (1) (a) (iii)\n\nFor section 173B (1) (a) (iii) of the Act , South Bank Parklands is prescribed.\nIn this section—\ncorporation see the South Bank Corporation Act 1989 , section 3 .\ncorporation area see the South Bank Corporation Act 1989 , section 3 .\npublic authority see the South Bank Corporation Act 1989 , section 3 .\nSouth Bank Parklands means the corporation area, other than the following land—\nland within the corporation area leased from the corporation under the South Bank Corporation Act 1989 , section 26 ;\nland within the corporation area held in fee simple by a person, other than a public authority.\ns 43 prev s 43 exp 30 September 2003 (see s 53)\npres s 43 ins 2008 SL No. 418 s 29\n(sec.43-ssec.1) For section 173B (1) (a) (iii) of the Act , South Bank Parklands is prescribed.\n(sec.43-ssec.2) In this section— corporation see the South Bank Corporation Act 1989 , section 3 . corporation area see the South Bank Corporation Act 1989 , section 3 . public authority see the South Bank Corporation Act 1989 , section 3 . South Bank Parklands means the corporation area, other than the following land— land within the corporation area leased from the corporation under the South Bank Corporation Act 1989 , section 26 ; land within the corporation area held in fee simple by a person, other than a public authority.\n- (a) land within the corporation area leased from the corporation under the South Bank Corporation Act 1989 , section 26 ;\n- (b) land within the corporation area held in fee simple by a person, other than a public authority.","sortOrder":123},{"sectionNumber":"sec.44","sectionType":"section","heading":null,"content":"### Section sec.44\n\ns 44 exp 30 September 2003 (see s 53)","sortOrder":124},{"sectionNumber":"sec.45","sectionType":"section","heading":null,"content":"### Section sec.45\n\ns 45 exp 30 September 2003 (see s 53)","sortOrder":125},{"sectionNumber":"sec.46","sectionType":"section","heading":null,"content":"### Section sec.46\n\ns 46 exp 30 September 2003 (see s 53)","sortOrder":126},{"sectionNumber":"sec.47","sectionType":"section","heading":null,"content":"### Section sec.47\n\ns 47 exp 30 September 2003 (see s 53)","sortOrder":127},{"sectionNumber":"sec.48","sectionType":"section","heading":null,"content":"### Section sec.48\n\ns 48 exp 30 September 2003 (see s 53)","sortOrder":128},{"sectionNumber":"sec.49","sectionType":"section","heading":null,"content":"### Section sec.49\n\ns 49 exp 30 September 2003 (see s 53)","sortOrder":129},{"sectionNumber":"sec.50","sectionType":"section","heading":null,"content":"### Section sec.50\n\ns 50 exp 30 September 2003 (see s 53)","sortOrder":130},{"sectionNumber":"sec.51","sectionType":"section","heading":null,"content":"### Section sec.51\n\ns 51 exp 30 September 2003 (see s 53)","sortOrder":131},{"sectionNumber":"sec.52","sectionType":"section","heading":null,"content":"### Section sec.52\n\ns 52 exp 30 September 2003 (see s 53)","sortOrder":132},{"sectionNumber":"sec.53","sectionType":"section","heading":null,"content":"### Section sec.53\n\ns 53 exp 30 September 2003 (see s 53)","sortOrder":133},{"sectionNumber":"pt.10","sectionType":"part","heading":null,"content":"","sortOrder":134},{"sectionNumber":"sec.44-oc.2","sectionType":"section","heading":null,"content":"### Section sec.44-oc.2\n\ns 44 ins 2020 SL No. 82 s 4\nexp 31 December 2020 (see s 47)","sortOrder":135},{"sectionNumber":"sec.45-oc.2","sectionType":"section","heading":null,"content":"### Section sec.45-oc.2\n\ns 45 ins 2020 SL No. 82 s 4\nexp 31 December 2020 (see s 47)","sortOrder":136},{"sectionNumber":"sec.46-oc.2","sectionType":"section","heading":null,"content":"### Section sec.46-oc.2\n\ns 46 ins 2020 SL No. 82 s 4\nexp 31 December 2020 (see s 47)","sortOrder":137},{"sectionNumber":"sec.47-oc.2","sectionType":"section","heading":null,"content":"### Section sec.47-oc.2\n\ns 47 ins 2020 SL No. 82 s 4\nexp 31 December 2020 (see s 47)","sortOrder":138},{"sectionNumber":"pt.11","sectionType":"part","heading":"Transitional and repeal provisions for Liquor Regulation 2002","content":"# Transitional and repeal provisions for Liquor Regulation 2002","sortOrder":139},{"sectionNumber":"sec.54","sectionType":"section","heading":"Definitions for pt 11","content":"### sec.54 Definitions for pt 11\n\nIn this part—\ncommencement day means the day this regulation commences.\nrepealed regulation means the Liquor Regulation 1992 .","sortOrder":140},{"sectionNumber":"sec.55","sectionType":"section","heading":"References to repealed provision","content":"### sec.55 References to repealed provision\n\nA reference in an instrument to the repealed regulation or a provision of the repealed regulation may, if the context permits, be taken as a reference to this regulation or a provision of this regulation.","sortOrder":141},{"sectionNumber":"sec.56","sectionType":"section","heading":"Pending applications","content":"### sec.56 Pending applications\n\nA pending application under a section of the repealed regulation mentioned in column 1 of the following table is taken to be an application under the section of this regulation mentioned in column 2 of the table shown opposite the column 1 section—\nColumn 1\nColumn 2\n1\nsection 6H (application for approval to relocate a detached bottle shop)\nsection 12\n2\nsection 6J (application for approval to transfer a detached bottle shop)\nsection 14\n3\nsection 6M (application for the inclusion of, or change to, a statement in a club licence that the licensed premises includes other premises)\nsection 17\n4\nsection 18 (application for approval to alter, rebuild, change or increase the area of licensed premises)\nsection 21\nAlso, a pending application under section 9 of the repealed regulation for the grant of a licence, or an extended hours permit that would extend trading hours on a regular basis, in relation to premises in a community area of a Council is taken to be an application under section 44.\nIn this section—\npending application means an application made under the repealed regulation and not decided immediately before the commencement day.\n(sec.56-ssec.1) A pending application under a section of the repealed regulation mentioned in column 1 of the following table is taken to be an application under the section of this regulation mentioned in column 2 of the table shown opposite the column 1 section— Column 1 Column 2 1 section 6H (application for approval to relocate a detached bottle shop) section 12 2 section 6J (application for approval to transfer a detached bottle shop) section 14 3 section 6M (application for the inclusion of, or change to, a statement in a club licence that the licensed premises includes other premises) section 17 4 section 18 (application for approval to alter, rebuild, change or increase the area of licensed premises) section 21\n(sec.56-ssec.2) Also, a pending application under section 9 of the repealed regulation for the grant of a licence, or an extended hours permit that would extend trading hours on a regular basis, in relation to premises in a community area of a Council is taken to be an application under section 44.\n(sec.56-ssec.3) In this section— pending application means an application made under the repealed regulation and not decided immediately before the commencement day.","sortOrder":142},{"sectionNumber":"sec.57","sectionType":"section","heading":"Production of licence after alteration, rebuilding, change or increase after approval under section 18A of repealed regulation","content":"### sec.57 Production of licence after alteration, rebuilding, change or increase after approval under section 18A of repealed regulation\n\nThis section applies if—\na licensee received an approval under section 18A of the repealed regulation; and\nthe approval was an approval to alter, rebuild, change or increase the area of the licensee’s licensed premises other than for an event or occasion to be held at the licensee’s licensed premises; and\nthe licensee has not given the licensee’s licence to the chief executive under section 18B of the repealed regulation before the commencement day.\nFor the licensee and the chief executive, section 23 applies to the approval as if it were an approval under section 22.\n(sec.57-ssec.1) This section applies if— a licensee received an approval under section 18A of the repealed regulation; and the approval was an approval to alter, rebuild, change or increase the area of the licensee’s licensed premises other than for an event or occasion to be held at the licensee’s licensed premises; and the licensee has not given the licensee’s licence to the chief executive under section 18B of the repealed regulation before the commencement day.\n(sec.57-ssec.2) For the licensee and the chief executive, section 23 applies to the approval as if it were an approval under section 22.\n- (a) a licensee received an approval under section 18A of the repealed regulation; and\n- (b) the approval was an approval to alter, rebuild, change or increase the area of the licensee’s licensed premises other than for an event or occasion to be held at the licensee’s licensed premises; and\n- (c) the licensee has not given the licensee’s licence to the chief executive under section 18B of the repealed regulation before the commencement day.","sortOrder":143},{"sectionNumber":"sec.58","sectionType":"section","heading":"Repeal","content":"### sec.58 Repeal\n\nThe Liquor Regulation 1992 is repealed.","sortOrder":144},{"sectionNumber":"pt.12","sectionType":"part","heading":"Transitional provisions for the Liquor and Other Acts Amendment Act 2008","content":"# Transitional provisions for the Liquor and Other Acts Amendment Act 2008","sortOrder":145},{"sectionNumber":"sec.59","sectionType":"section","heading":"Initial licence fees","content":"### sec.59 Initial licence fees\n\nSubsection (2) applies to a licensee who, under section 289 (2) of the Act , is taken to hold a column 2 licence.\nThe licence fee for the licence for the licence period ending on 30 June 2009, is one-half of the licence fee calculated under section 36.\nTo remove any doubt, it is declared that section 36(2) does not apply to the licence.\nDespite section 36E(b), the day for payment of the licence fee for the licence for the licence period is 2 March 2009.\nDespite section 36L(2)(a), the suspension period for the licence period ending on 30 June 2009 is extended to 30 June 2009.\nUnder section 36L(4), payment of the licence fee during the suspension period ends the suspension of the licence.\nIn this section—\ncolumn 2 licence see section 289 (2) of the Act .\ns 59 ins 2008 SL No. 418 s 30\namd 2009 SL No. 23 s 3\n(sec.59-ssec.1) Subsection (2) applies to a licensee who, under section 289 (2) of the Act , is taken to hold a column 2 licence.\n(sec.59-ssec.2) The licence fee for the licence for the licence period ending on 30 June 2009, is one-half of the licence fee calculated under section 36.\n(sec.59-ssec.3) To remove any doubt, it is declared that section 36(2) does not apply to the licence.\n(sec.59-ssec.4) Despite section 36E(b), the day for payment of the licence fee for the licence for the licence period is 2 March 2009.\n(sec.59-ssec.5) Despite section 36L(2)(a), the suspension period for the licence period ending on 30 June 2009 is extended to 30 June 2009. Under section 36L(4), payment of the licence fee during the suspension period ends the suspension of the licence.\n(sec.59-ssec.6) In this section— column 2 licence see section 289 (2) of the Act .","sortOrder":146},{"sectionNumber":"sec.60","sectionType":"section","heading":"Exemption from payment of application fees","content":"### sec.60 Exemption from payment of application fees\n\nSubsection (2) applies to a licensee who, under section 289 (2) of the Act , is taken to hold a commercial special facility licence.\nThe licensee is exempt from paying the application fee mentioned in schedule 1, item 1(c) if the licensee applies for a commercial other licence for the whole or part of the licensed premises before 1 January 2010.\nSubsection (4) applies to a licensee who, under section 289 (2) of the Act , is taken to hold a community club licence.\nThe licensee is exempt from paying the application fee mentioned in schedule 1, item 1(e) if the licensee applies for a community other licence for the whole or part of the licensed premises before 1 January 2010.\ns 60 ins 2008 SL No. 418 s 30\n(sec.60-ssec.1) Subsection (2) applies to a licensee who, under section 289 (2) of the Act , is taken to hold a commercial special facility licence.\n(sec.60-ssec.2) The licensee is exempt from paying the application fee mentioned in schedule 1, item 1(c) if the licensee applies for a commercial other licence for the whole or part of the licensed premises before 1 January 2010.\n(sec.60-ssec.3) Subsection (4) applies to a licensee who, under section 289 (2) of the Act , is taken to hold a community club licence.\n(sec.60-ssec.4) The licensee is exempt from paying the application fee mentioned in schedule 1, item 1(e) if the licensee applies for a community other licence for the whole or part of the licensed premises before 1 January 2010.","sortOrder":147},{"sectionNumber":"pt.13","sectionType":"part","heading":"Transitional provision for Liquor Amendment Regulation (No. 2) 2013","content":"# Transitional provision for Liquor Amendment Regulation (No. 2) 2013","sortOrder":148},{"sectionNumber":"sec.61","sectionType":"section","heading":"Former s 36C does not apply to licence fees payable on or after 14 October 2013","content":"### sec.61 Former s 36C does not apply to licence fees payable on or after 14 October 2013\n\nThis section applies if—\non or after 14 October 2013, a person paid a licence fee for a licence for a licence period; and\nthe fee required to be paid included an amount (the risk amount ) for the risk criterion under former section 36C.\nThe requirement to pay the risk amount does not apply, and is taken to never have applied, to the person.\nIf a person paid the risk amount to the commissioner on or after 14 October 2013, the commissioner must refund the risk amount to the person.\nIn this section—\nformer section 36C means section 36C in force immediately before the commencement of this section.\ns 61 ins 2013 SL No. 277 s 6\n(sec.61-ssec.1) This section applies if— on or after 14 October 2013, a person paid a licence fee for a licence for a licence period; and the fee required to be paid included an amount (the risk amount ) for the risk criterion under former section 36C.\n(sec.61-ssec.2) The requirement to pay the risk amount does not apply, and is taken to never have applied, to the person.\n(sec.61-ssec.3) If a person paid the risk amount to the commissioner on or after 14 October 2013, the commissioner must refund the risk amount to the person.\n(sec.61-ssec.4) In this section— former section 36C means section 36C in force immediately before the commencement of this section.\n- (a) on or after 14 October 2013, a person paid a licence fee for a licence for a licence period; and\n- (b) the fee required to be paid included an amount (the risk amount ) for the risk criterion under former section 36C.","sortOrder":149},{"sectionNumber":"sch.13-pt.1","sectionType":"part","heading":null,"content":"","sortOrder":150},{"sectionNumber":"sch.13-pt.2","sectionType":"part","heading":null,"content":"","sortOrder":151},{"sectionNumber":"sch.13-pt.3","sectionType":"part","heading":null,"content":"","sortOrder":152}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Since enactment, the regulation has been expanded well beyond basic licensing paperwork into a broader regulatory toolkit. Additions include mapped \"safe night precincts\" and local boards with prescribed rules (sec 3B–3E); technology and surveillance regimes such as mandatory ID scanning conditions (sec 3FA) and a later authorisation of facial recognition with strict privacy and use limits (sec 27B); an explicit list of \"identified organisations\" (sec 3G); and a more granular, risk‑based licence fee regime including large compliance‑history surcharges (secs 36A, 36B, 36CA). These changes extend the instrument from administrative licensing detail to prescriptive controls on surveillance technology, place‑based regimes and financial penalties tied to behavioural history, increasing regulatory reach compared with a narrower original focus on licence administration."},"complexity_factors":["Extensive cross-references to the Liquor Act and other Acts (Privacy Act, Building Act, Planning Act, Tribunal and QCAT provisions) throughout.","Multi-part fee regime with base fees and multiple tiered risk criteria (secs 36, 36A, 36B, 36CA) and detailed rounding rules (sec 36DA).","Numerous defined technical requirements and thresholds (e.g. CCTV recording and retention periods—secs 37D/37DA, noise measurement metrics—sec 40).","Multiple conditional approval streams with different evidentiary requirements and time limits (detached bottle shops secs 7–15; alteration approvals secs 21–24; occasion approvals sec 24).","Operational technology rules with privacy and deletion obligations (ID scanning sec 3FA; facial recognition sec 27B) that add technical and legal complexity.","Many record-keeping, reporting and certification obligations across licence types (secs 24G, 25–27, 37E, 37DA) with penalties for non-compliance.","Special geographic and organisational regimes (mapped safe night precincts sec 3B; restricted areas secs 37A–37B; identified organisations sec 3G) that create location- and group-based rules.","Transitional and expiry provisions, temporary inserts and repeated amendments noted in the text (multiple amendment/expiry annotations) increase interpretive difficulty.","Nested exceptions and exclusions (e.g. exemptions for certain licence classes and circumstances in secs 3A, 3F, 36P) producing layered conditional logic."],"plain_english_summary":"**What this regulation does (mechanics)\n\n- Sets detailed rules for the operation, approval and oversight of liquor licences and related permits in Queensland. It supplements the Liquor Act by prescribing requirements that applicants and licensees must meet, fees to be paid, and operational safeguards to be observed.\n\n- Designates special geographic and organisational regimes: it prescribes \"safe night precincts\" (mapped areas where extra controls may apply) and \"restricted areas\" (places where possession or consumption of liquor is controlled) (see secs 3B, 37A–37B, schedules). It also declares a list of \"identified organisations\" (named motorcycle and similar clubs) for application of Act provisions directed at those organisations (sec 3G).\n\n- Regulates specific business forms and activities: it controls the approval, location and operation of detached bottle shops tied to a main hotel licence (secs 7–15); it prescribes record‑keeping for producers, wholesalers, artisan producers and certain on‑premises businesses (secs 24G, 25–27, 26); and it lays out adult entertainment permit conditions and physical requirements for performance areas and advertising (pts 7, secs 29–35).\n\n- Imposes public‑safety, amenity and customer‑protection obligations: minimum CCTV standards and maintenance and storage rules for certain Brisbane premises (secs 37D, 37DA, 37DB); incident register entries (sec 37E); limits on promotions and \"happy hour\" practices (sec 37H); requirements to provide drinking water (sec 27A); and lists of \"undesirable\" liquor products (sec 42A).\n\n- Authorises and constrains electronic surveillance and identification technology: it prescribes conditions for mandatory ID scanning systems and associated privacy protections (sec 3FA) and—by later amendment—authorises use of facial recognition technology on licensed premises subject to Privacy Act compliance, deletion of non‑matches, signage and prohibitions on secondary uses (sec 27B).\n\n- Sets licence fees and a multi‑part fee calculation: a base fee by licence type (sec 36A) plus additional fees for risk criteria such as extended trading hours (sec 36B) and compliance history (sec 36CA). It prescribes self‑assessment, reassessment, payment timing, consequences for non‑payment, and rounding rules (secs 36–36DA, 36E, 36F, 36I–36K, 36L, 36DA).\n\nWho it affects\n\n- Applicants for and holders of any liquor licence or permit in Queensland: commercial hotels, bottle shops, clubs, bars, nightclubs, producers/wholesalers, community clubs, special facility licence holders, artisan producers, and permittees (many sections; e.g. secs 4, 7, 36A, 3F, 3FA).\n\n- Businesses planning structural changes, relocations or temporary variations to licensed premises (Part 5, secs 21–24).\n\n- Patrons and the public in mapped safe night precincts and restricted areas (secs 3B, 37A–37B, 43).\n\n- Entities named as identified organisations (sec 3G) — the declaration brings those organisations within certain regulatory controls in the Act.\n\n- Licensees choosing to operate surveillance systems (ID scanners, facial recognition) — they face privacy compliance, notice and deletion obligations (secs 3FA, 27B).\n\nWhy it matters (official purpose claims and practical testing)\n\n- Officially, the regulation operationalises the Act: it gives the commissioner, tribunal and licensees the precise procedures, forms, timelines and technical standards needed to administer liquor licensing, public safety measures and amenity protections. For example, timing for applications is fixed (sec 5), and premises plans, acoustic assessments and local government planning evidence are required for many applications (secs 4, 17, 21).\n\n- Practical effects and trade‑offs:\n  - Compliance and administrative costs fall mainly on licensees. They must pay license fees (base + risk fees) (secs 36, 36A, 36B, 36CA), fund equipment and maintenance (CCTV specs and certification, secs 37D, 37DA), run ID scanning systems with privacy management plans and incident reporting (sec 3FA), and keep transaction and incident records (secs 24G, 25–27, 37E). These are explicit, recurring costs set out across the regulation.\n  - The regulation centralises a number of discretionary decisions with the commissioner and tribunal: granting/conditioning approvals for detached bottle shops (secs 7, 12–15), reassessing self‑assessed fees (secs 36I–36K), and approving alterations or occasion approvals (secs 22–24). That concentrates decision‑making in administrative bodies and creates procedural pathways (including review rights) for applicants.\n  - Rules that limit business choices or marketing techniques are expressed as operational constraints (e.g. restrictions on \"happy hours\" and theme nights, sec 37H; prohibiting certain advertising for adult entertainment, sec 34; limits on sampling volumes, secs 24A–24F). Those mechanisms change how licensees structure promotions, hours and product offerings.\n  - Fees tied to compliance history (sec 36CA) create a strong financial penalty for prior breaches. The rule is explicit: prior infringements, disciplinary actions or convictions can trigger large additional fees (tiered amounts in sec 36CA(5)), producing a high marginal cost for poor compliance.\n\nCosts, incentives and likely behavioural responses (mechanisms, not judgments)\n\n- Who pays: licensees (fees; equipment; staffing and training to meet staff/security/CCTV protocols), and applicants (application fees; acoustic reports; planning evidence) — see secs 4, 21, 36, 36D and schedules.\n\n- Who decides: the commissioner (approvals, conditions, reassessments — e.g. secs 7, 12–15, 22, 36I, 36K), the tribunal on review (notice/review procedures in secs 13, 15, 36K, 36N–36O), and local government in planning approvals (evidence to satisfy commissioner required under secs 4, 7, 12, 21).\n\n- Behaviour changes expected from the mechanics:\n  - Licensees facing higher fees for extended hours or past non‑compliance may limit trading hours or invest more in compliance to avoid future surcharge fees (secs 36B, 36CA).\n  - The detached bottle shop rules (distance, floor area, single brand/benefit tie to main premises, max two shops) constrain geographic expansion of takeaway outlets by hotel licensees and encourage co‑location with main businesses (sec 7).\n  - Mandatory technical and record‑keeping standards (CCTV, ID scanning, transaction records, incident registers) increase operational overhead and push licensees to adopt approved technologies and documented procedures (secs 3FA, 37D, 37DA, 37DB, 24G, 25–27, 37E).\n  - Surveillance provisions (ID scanning and facial recognition) create privacy compliance obligations and restrictions on secondary uses of personal data (secs 3FA, 27B); licensees must design systems to delete non‑matches and not use data for marketing, which shapes vendor selection and operating practices.\n\nTrade‑offs, implementation risks and compliance burden\n\n- Trade‑offs: the regulation emphasises public safety and amenity by mandating technology and operational checks (higher compliance certainty) at the cost of increased compliance and capital spend for licensees. Fee structures transfer enforcement and risk costs to licensees (secs 36, 36A, 36B, 36CA).\n\n- Implementation risks: technical requirements (e.g. CCTV retention for 28 days and ability to store 1 year on a related device; facial recognition deletion function) presume available, interoperable technology and competent privacy compliance; failures or ambiguity in how equipment vendors meet the \"deletion of non‑matches\" or storage certification could create compliance disputes (secs 37D, 37DA, 27B).\n\n- Compliance burden: repeated record‑keeping and reporting obligations (daily records of controllers for adult entertainment, incident registers, transaction returns, privacy breach reporting for ID scanning, periodic CCTV certification) create an ongoing administrative load (secs 29–33, 24G, 3FA, 37DA, 37E).\n\nConcentrated benefits, exemptions and special cases (mechanisms in the text)\n\n- Some narrow exemptions target discrete parties: RSLs and Services Clubs and their caterers are exempt from certain Anzac Day application fees (sec 36P). Provisional licence holders are exempt from licence fees for the licence period (sec 36(3)). Exempt classes for safe night precinct rules and ID scanning are expressly listed (secs 3A, 3F).\n\n- The identified organisations list (sec 3G) is a concentrated legal effect on specific named groups because the Act applies distinct measures to identified organisations; the regulation makes that declaration explicit and broad by covering all state, national and international chapters.\n\nSubstitution and unintended consequences (mechanisms to watch)\n\n- Restrictions on detached bottle shops and the conditions around sampling and sales (secs 7, 11) may shift consumer purchase patterns toward other retail formats (larger bottle shops, online sellers) or change the economics of hotel‑run takeaway sales. The regulation itself does not model those market shifts but constrains one particular distribution model.\n\n- Surveillance and data obligations (ID scanning and facial recognition) impose privacy compliance costs and raise implementation complexity for licensees; inadequate vendor capability or unclear standards may lead to operational non‑compliance or legal disputes.\n\nKey sections to inspect for practical compliance: sec 7 (detached bottle shops), secs 3FA & 27B (ID scanning & facial recognition), secs 36–36CA and schedule 1 (fee regime), secs 37D–37DB (CCTV standards/maintenance/storage), secs 24G & 25–27 (transaction and sales records), secs 29–35 (adult entertainment), and secs 3B–3D (safe night precincts and local boards).\n\nSources within the instrument: references in parentheses above point to the specific sections cited in the regulation."},"summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The regulation began in 2002 as a straightforward procedural instrument dealing with licence applications, bottle shops, and community club requirements. Over time — particularly through amendments in 2014, 2016, 2017, 2018, and 2021 — it expanded significantly to include entirely new regimes: Safe Night Precincts with local governance boards, mandatory electronic ID scanning with privacy management obligations, declarations of outlaw motorcycle clubs and criminal organisations as 'identified organisations', and artisan/craft producer licensing. These additions substantially broadened the regulation's scope well beyond its original administrative focus."},"complexity_factors":["Multiple interlocking regulatory regimes within one instrument (safe night precincts, ID scanning, identified organisations, bottle shops, community clubs, producer/wholesaler records)","Heavily cross-references the parent Liquor Act by section number throughout, making it impossible to fully understand without the Act itself","Geographic complexity — 15 named Safe Night Precincts each defined by external maps in separate schedules, with detailed rules about road casements, waterways, and low-water marks","Multiple licence type categories (commercial hotel, community club, producer/wholesaler, subsidiary on-premises, artisan producer, etc.) each with different obligations and exemptions","Layered exemption structures — exempt from ID scanning, exempt from Safe Night Precinct rules — based on combinations of licence type and operational characteristics","Detailed distance measurement methodology for bottle shop proximity (10km by road, measured using specific ingress/egress points, shortest legal driving route)","Privacy law obligations imported from Commonwealth Privacy Act 1988, creating a multi-jurisdictional compliance requirement","Extensive amendment history (amended many times since 2002) creating potential for inconsistency or obsolete cross-references","Criminal organisation provisions extend to all international chapters of named groups, raising jurisdictional complexity","Detailed record-keeping and annual return requirements for producers with 15+ sub-categories of liquor type and corporate ownership disclosure thresholds"],"plain_english_summary":"## Queensland Liquor Regulation 2002 — What It Does and Who It Affects\n\nThis is a detailed Queensland regulation that sits underneath the main *Liquor Act* and fills in the practical rules for how liquor licensing works across the state. Here's what it covers and who it matters to:\n\n### 🍺 Liquor Licence Applicants & Holders\nIf you want a liquor licence in Queensland, this regulation tells you exactly what paperwork you need — floor plans, land titles, acoustic assessments, identity documents, menu samples, and more. It also sets strict timeframes: most permit applications must be lodged at least **21 days** in advance, public event permits need **28 days**, and adult entertainment permits require **8 weeks**.\n\n### 🏪 Bottle Shop Operators (Detached Bottle Shops)\nIf you want to run a separate bottle shop away from your main hotel or pub, strict rules apply: it must be within **10km** of your main premises, no bigger than **150 square metres**, and you can only have **two** such bottle shops. Drive-throughs are banned. Once approved, you must open within **60–90 days** or lose the approval.\n\n### 🌃 Nightclub & Bar Owners in Entertainment Zones (Safe Night Precincts)\nFifteen specific areas across Queensland — including Brisbane CBD, Fortitude Valley, Surfers Paradise, Cairns CBD, Townsville CBD, and others — are designated **'Safe Night Precincts'** (regulated zones designed to improve safety in busy nightlife areas). Most bars and nightclubs in these zones face extra obligations. Some licence types (like community licences, bottle-shop-only hotels, or accommodation-focused venues) are **exempt**.\n\n### 📱 Venues Required to Use ID Scanners\nVenues in Safe Night Precincts that are classified as **'regulated premises'** (generally bars and nightclubs) must use approved electronic ID scanning systems. Licensees must:\n- Keep the scanning equipment physically secure\n- Have a written **privacy management plan** (explaining how they protect customers' personal data)\n- Report any privacy complaints to the regulator within **14 days**\n- Only have the equipment serviced by the approved operator\n\n### 🏍️ Outlaw Motorcycle Clubs & Criminal Organisations\nNamed groups — including the Hells Angels, Bandidos, Rebels, Comancheros, and 25 other organisations — are declared **'identified organisations'**. Members or associates of these groups face restrictions when it comes to accessing licensed venues. This applies to all chapters worldwide, not just Australian ones.\n\n### 🏟️ Community Clubs\nSporting and community clubs with a liquor licence can apply to sell alcohol at **other premises** (like a sports oval or training ground) on an infrequent basis. They must submit detailed plans covering security, noise management, liquor service arrangements, and expected crowd numbers.\n\n### 🍷 Craft Brewers, Distillers & Wine Producers\nSmall producers (craft brewers, artisan spirit makers, wineries) must keep detailed records of what they produce and sell, and file annual returns showing litres produced, sales values, and ownership structures. Free samples at the cellar door are permitted but capped at specific volumes (150ml for beer/wine, 15ml for spirits).\n\n### 🔊 Acoustic & Noise Rules\nAny venue applying for a licence or wanting to renovate must get acoustic (sound quality) assessments done by a qualified expert if entertainment is involved — especially if noise levels could exceed **75 decibels** measured 3 metres from the source."},"issue_detection":{"absurdities":[{"type":"self_contradicting","section":"sec.7(4)","severity":"medium","reasoning":"Section 7(4) waives the 10km limit only where the locality has no licensed premises selling liquor for off-premises consumption. But once the commissioner approves the detached bottle shop, it becomes exactly that. The exemption is premised on a state of affairs that the approval itself destroys, creating a logical circularity about the ongoing validity of the approval's basis.","confidence":0.65,"description":"The rural exemption to the 10km distance rule for detached bottle shops is self-defeating: it requires the locality to have no existing licensed premises selling liquor for off-premises consumption, yet the only entity that could apply is someone who already holds a commercial hotel licence (the 'main licensed premises' under s.7(1)(a)). If the rural locality truly has no off-licence premises and is unlikely to attract any, it is paradoxical that the very approval being sought would immediately satisfy the condition that makes it no longer eligible for the exemption upon grant."},{"type":"impossible_compliance","section":"sec.7(5)-(6)","severity":"medium","reasoning":"Proving a negative about a private communication between contracting parties — that a request was never made — is evidentially extremely difficult and the regulation provides no guidance on what evidence could satisfy the commissioner. The clause appears designed to prevent anti-competitive conduct but creates an unworkable evidentiary standard.","confidence":0.72,"description":"Section 7(6) requires an applicant to satisfy the commissioner that the applicant did NOT ask the landlord to insert an exclusivity clause in the tenancy agreement. This is an impossible-to-disprove negative: the regulation imposes a burden of proving a private, undocumented non-event (that the applicant never made a request). There is no mechanism specified for how such proof could be provided, making compliance practically impossible in any contested case."},{"type":"impossible_compliance","section":"sec.3B(3)-(4)","severity":"medium","reasoning":"Spring tides occur roughly twice monthly and produce different low-water marks than neap tides. Using 'ordinary spring tides' as the boundary datum means the actual geographic extent of the precinct varies over time, which is problematic for a regulatory boundary that must be clearly defined for enforcement purposes.","confidence":0.7,"description":"When a safe night precinct boundary ends 'in an ocean', the boundary is deemed to be the low-water mark during ordinary spring tides. However, the low-water mark during spring tides is by definition further out to sea than the low-water mark at other times. This means the precinct boundary fluctuates with tidal cycles twice monthly, creating an ambulatory legal boundary for a regulatory zone. A licensee or enforcement officer cannot know with certainty on any given night whether a specific waterfront location is inside or outside the precinct without consulting a tide table."},{"type":"other","section":"sec.3B(5)","severity":"low","reasoning":"The all-or-nothing rule for partially in-precinct structures produces disproportionate outcomes where even a trivial connection to in-precinct water drags the entire structure (e.g. a long jetty) into the precinct regime.","confidence":0.6,"description":"Section 3B(5) deems an entire public structure to be inside the safe night precinct if any part of it is built over water inside the precinct boundary, 'regardless of the structure's position in relation to the low-water mark.' This creates an absurd situation where a structure that is predominantly outside the precinct — with only a minor portion over in-precinct water — is treated as entirely within the precinct, potentially extending regulatory obligations over areas clearly outside the intended zone."},{"type":"self_contradicting","section":"sec.3D(1)(b)","severity":"low","reasoning":"The example name given — 'Safe Night Sunshine Coast Precinct Inc' — contains no reference to 'local board' and could plausibly suggest the entity is a community organisation rather than a statutory local board, creating a minor tension between subsections (1)(b) and (2).","confidence":0.5,"description":"Section 3D(1)(b) prohibits the name of a local board from including words suggesting it has a purpose other than being a local board for the safe night precinct. However, s.3D(2) confirms the name need not include the words 'local board'. Combined, a board whose name includes 'safe night' and 'precinct' but not 'local board' (as expressly permitted) could appear from its name alone to be something other than a local board — such as a community group or government authority — arguably violating s.3D(1)(b) in spirit while complying with s.3D(2) in letter."},{"type":"other","section":"sec.3FA(6)","severity":"low","reasoning":"The word 'consider' in a regulatory context without any accompanying obligation to act, respond, or document the consideration is effectively meaningless as a compliance obligation. The notification requirement to the commissioner in s.3FA(6)(b) provides some teeth, but the 'consideration' obligation itself is hollow.","confidence":0.75,"description":"Section 3FA(6) requires a licensee to 'consider' any written breach of privacy complaint. The obligation to 'consider' a complaint is substantively vacuous — it imposes no obligation to respond, investigate, resolve, or take any action. A licensee who reads a complaint and immediately discards it has technically 'considered' it. The provision creates an appearance of patron protection with no enforceable substance."},{"type":"self_contradicting","section":"sec.8(2)-(3)","severity":"low","reasoning":"If the approval lapses at exactly the moment the obligation is breached, there is no window in which the licensee holds a valid approval but is in breach of the obligation to commence business. The regulatory effect is simply automatic lapsing, making the separately stated obligation in s.8(2) redundant.","confidence":0.65,"description":"Section 8(2) requires a licensee to start conducting business within 60 days after the last day on which a review application may be made. Section 8(3) provides that if the licensee fails to comply, the approval lapses at exactly the same deadline — 60 days after the last day for review applications. Both provisions trigger at the same moment, meaning there is no period during which the licensee is in breach but the approval is still valid. The obligation in s.8(2) is therefore practically unenforceable because the moment of breach is simultaneous with the lapsing of the approval."},{"type":"other","section":"sec.25(2)","severity":"medium","reasoning":"The purpose-based limb of the 'bulk' definition ('for bottling elsewhere or for blending') is not qualified by volume. Any quantity of wine acquired for blending — including a 750ml bottle — would technically satisfy this definition, collapsing the distinction between bottle, cask, and bulk categories.","confidence":0.68,"description":"The definition of 'bulk' for wine/fortified wine in s.25(2) defines it as acquisition or supply 'in a container with a capacity of more than 20L' OR 'for bottling elsewhere or for blending'. The second limb has no volume threshold. This means a single bottle of wine purchased for blending at home would qualify as a 'bulk' acquisition under this definition, requiring it to be recorded separately in the transactions record under category (x) — a plainly unintended and absurd outcome."}],"contradictions":[{"severity":"low","section_a":"sec.3A(e)(ii)","section_b":"sec.3A(e)(i)","confidence":0.55,"description":"Section 3A(e) exempts a subsidiary on-premises licence from safe night precinct obligations if the premises are not used primarily as a bar or nightclub AND the licensee does not have approval to sell liquor after midnight on a regular basis. The two conditions are conjunctive. This means a premises that IS primarily a bar (failing (i)) but does NOT have after-midnight approval could still be captured by the precinct regime, even though the after-midnight trading is the primary policy concern. A daytime-only bar would be non-exempt while a non-bar establishment with midnight approval would also be non-exempt, producing inconsistent policy outcomes based on the arbitrary conjunction of unrelated criteria."},{"severity":"low","section_a":"sec.7(1)(c)","section_b":"sec.7(1)(b)(i) and sec.7(4)","confidence":0.45,"description":"Section 7(1)(c) limits an applicant to no more than 2 detached bottle shops for the main licensed premises. Section 7(4) provides a rural exemption waiving the 10km limit where the locality has no off-licence premises. However, nothing in s.7(4) or s.7(1)(c) addresses whether the 2-shop cap applies to rural exemption applications. A strict reading means a licensee could theoretically obtain a third rural bottle shop if they argue s.7(4) overrides s.7(1)(b)(i) only, leaving s.7(1)(c) intact — or conversely argue the cap applies regardless. The relationship between the rural exemption and the cap is not addressed, creating potential for inconsistent application."},{"severity":"medium","section_a":"sec.4(1)(e)","section_b":"sec.4(2)(a)","confidence":0.58,"description":"Section 4(1)(e) requires all licence applicants to provide evidence that sanitary conveniences comply with the Building Code of Australia. Section 4(2)(a) requires applications for hotel/on-premises licences where the principal activity is meal service to include a typical menu. These are cumulative requirements. However, s.4(3) gives the commissioner a discretionary power to require an acoustic report after the premises are completed — implying the commissioner may issue a licence before the premises exist in their final form. If the licence can be conditionally issued before completion, it is contradictory to require evidence of BCA-compliant sanitary facilities (s.4(1)(e)) at application stage when those facilities may not yet exist."},{"severity":"medium","section_a":"sec.23(3)","section_b":"sec.23(4)","confidence":0.72,"description":"Section 23(4) declares that a licensee must not use an approved-but-not-yet-licensed area as licensed premises until a new licence is issued under s.23(2) (which the subsection mistakenly cross-references as 'subsection (2)' when the issuing power is in s.23(3)). The cross-reference in s.23(4) to 'subsection (2)' is incorrect — s.23(2) requires the licensee to hand in the old licence, while s.23(3) is the provision under which the new licence is issued. This internal cross-reference error creates ambiguity about which subsection triggers the entitlement to use the new area."},{"severity":"low","section_a":"sec.24B","section_b":"sec.24A","confidence":0.4,"description":"Section 24A prescribes 150ml as the volume for individual samples under Act s.74A (craft beer producer context), while s.24B prescribes 15ml as the individual sample volume under Act s.74B (artisan spirits context). While the difference in volume between beer and spirits samples may be defensible on policy grounds, the tenfold disparity creates an internal inconsistency in the regulatory scheme that could produce anomalous outcomes for mixed-product producers who produce both beer and spirits, as the applicable sample volume would depend entirely on which licence provision is engaged rather than any consistent principle."}]},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"_metrics":{"completionTokens":783},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"The regulation has expanded significantly from its original 2002 scope. Major additions include: safe night precincts (2014), ID scanning requirements (2014-2017), identified organisations/gang exclusions (2016), facial recognition technology (2025), artisan producer licences (2021), and complex risk-based fee structures (2008). What began as administrative detail has become a comprehensive public safety and regulatory instrument with surveillance, security, and crime prevention dimensions."},"complexity_factors":["Extensive cross-referencing to the parent Liquor Act 1992 (e.g., 'for section 173NB(2) of the Act')","Multiple nested conditional structures in fee calculations (sections 36B, 36CA)","Detailed technical definitions (acoustic measurements, fee units, liquor categories)","Geographic boundary rules with multiple exceptions (safe night precincts, detached bottle shops)","Temporal conditions throughout (trading hours, application deadlines, sunset clauses)","Parallel structures for similar but distinct licence types (producer/wholesaler vs artisan producer)","Extensive amendment history visible in section notes showing evolutionary complexity"],"plain_english_summary":"This is Queensland's **Liquor Regulation 2002**, a detailed set of rules that flesh out how the state's liquor licensing laws work in practice.\n\n**What it does:**\nThe regulation sits under the *Liquor Act 1992* and fills in the practical details that the main Act doesn't cover. It governs everything from how to apply for a liquor licence, to what fees you pay, to specific safety requirements for venues.\n\n**Key areas covered:**\n\n- **Safe night precincts** — Designates 15 specific entertainment districts (like Fortitude Valley, Surfers Paradise, Brisbane CBD) where special rules apply. Some licence types are exempt from extra restrictions in these areas.\n\n- **ID scanning** — Sets out which venues must scan IDs, who is exempt (casinos, convention centres, accommodation providers), and privacy rules for handling that data.\n\n- **Identified organisations** — Lists 28 motorcycle clubs and gangs (Hells Angels, Rebels, Bandidos, etc.) whose members face special restrictions entering licensed venues.\n\n- **Detached bottle shops** — Strict rules for approving separate takeaway liquor stores, including distance limits (10km from main premises), size caps (150m²), and bans on drive-throughs.\n\n- **Fees and risk-based pricing** — Licence fees combine a base amount plus extra charges based on risk factors: late trading hours (after midnight) and compliance history (fines, disciplinary action, or serious incidents like deaths or assaults linked to alcohol service).\n\n- **Venue alterations** — Requirements for changing licensed premises, including acoustic assessments for entertainment venues.\n\n- **Adult entertainment permits** — Conditions for strip clubs and similar venues, including layout requirements and advertising restrictions.\n\n- **Obligations on licensees** — Rules about free drinking water, record-keeping, facial recognition technology, and banned promotional activities (like \"happy hours\" after 1am or drinking games).\n\n**Who it affects:**\nAnyone running a licensed venue in Queensland — pubs, clubs, restaurants, bottle shops, casinos, event organisers — plus their patrons, who face restrictions on where and how alcohol can be sold and consumed.\n\n**Why it matters:**\nThis regulation translates broad liquor laws into day-to-day operational requirements. It determines how much venues pay, what safety measures they must implement, and what behaviour is prohibited. The risk-based fee system creates financial incentives for responsible service, while the safe night precinct and ID scanning rules reflect policy responses to alcohol-related violence and public safety concerns."}},"importantCases":[],"_links":{"self":"/api/acts/liquor-regulation-2002","history":"/api/acts/liquor-regulation-2002/history","analysis":"/api/acts/liquor-regulation-2002/analysis","conflicts":"/api/acts/liquor-regulation-2002/conflicts","importantCases":"/api/acts/liquor-regulation-2002/important-cases","documents":"/api/acts/liquor-regulation-2002/documents"}}