Liquor Act 1992

The Act directly affects:

• Licensees holding commercial hotel, commercial special facility, commercial other, community club, community other, or nightclub licences (s 58).
• Permittees holding commercial public event, community liquor, extended hours, restricted liquor, adult entertainment, restricted area, craft beer producer or artisan spirits producer permits (s 100).
• Approved managers under Part 5C who are responsible for operating licensed premises.
• Adult entertainment controllers under Part 5D.
• Trainers approved under Part 5A to deliver the licensee's training course.
• Employees and agents of licensees and permittees, who carry personal obligations for responsible service under Part 6.
• Patrons and the public, who face obligations not to behave in ways that breach the Act (for example, providing false evidence of age under s 158 or possessing excess liquor in restricted areas under s 168B).
• Owners, lessees, mortgagees and secured creditors of licensed premises, who must provide particulars to the commissioner under s 44A.
• Property owners where licensed premises are located, who may be subject to compliance orders for unreasonable noise under s 46A.

Display requirements. Section 143 requires licensees to display, in characters at least 15mm high in a conspicuous exterior location, the name of the licensee, name of the premises, nature of the business and the hours during which liquor may be sold. Maximum penalty: 25 penalty units, with a continuing offence of 2 penalty units per day.

Responsible service, supply and promotion. Part 6, Division 1AA (commencing at s 142ZX) imposes obligations on licensees and permittees to maintain a safe environment, ensure liquor is served compatibly with harm minimisation, and preserve amenity. Section 142ZZ prohibits unacceptable practices and promotions including those that encourage irresponsible consumption, appeal to children, or provide free drinks in ways that encourage excessive consumption. Maximum penalty: 100 penalty units.

Prohibition on supply to minors and unduly intoxicated persons. Section 156 prohibits any person from supplying liquor to, or permitting its consumption by, a minor or an unduly intoxicated or disorderly person on or adjacent to licensed premises. Section 155 requires licensees and permittees to ensure minors are not on certain premises (subject to exemptions for residents, employees, those eating a meal with a responsible adult, and community club members).

Trading hours. Licensees must not sell liquor outside approved trading hours. Section 9 sets ordinary trading hours for each licence type. Extended trading requires specific approval.

Alteration of premises. Section 154 requires commissioner approval before altering, rebuilding or increasing the area of licensed premises.

Letting and subletting. Section 153 prohibits licensees from letting or subletting all licensed premises or entering into a franchise or management agreement for all premises without commissioner approval. Maximum penalty: 40 penalty units.

ID scanning. Part 6AA requires licensees of certain premises (primarily nightclubs in declared precincts) to operate an approved ID scanning system. Sections 173EN and following govern the approval of scanners and system operators. The data collected must be held securely and may only be accessed by police in specified circumstances.

Restricted areas. In areas declared under Part 6A, possession of more than the prescribed quantity of a type of liquor is an offence under s 168B. Penalties escalate significantly: first offence 375 penalty units; second offence 525 penalty units or 6 months imprisonment; third or later offence 750 penalty units or 18 months imprisonment.

Commissioner's licensing powers. The commissioner grants, conditions, suspends, transfers and cancels licences and permits under Parts 4, 4A and 5. The commissioner may impose conditions at any time (s 105 and related provisions).

Compliance orders. Section 46 empowers the commissioner to issue compliance orders requiring licensees to rectify non-compliance with the Act. Section 46A deals specifically with compliance orders for unreasonable noise from licensed premises.

Delegation. Section 42 allows the commissioner to delegate powers to authorised officers.

Guidelines. Section 42A allows the commissioner to make guidelines, including guidelines specifying examples of unacceptable practices and promotions.

Investigator entry and search powers. Part 7, Division 1 sets out the powers of investigators authorised by the commissioner under s 174. Investigators may enter licensed premises at any time while the premises are open, inspect, request production of documents, question persons, and seize items. Division 2 governs the detailed regime for search warrants and seizure, including return of seized property and safeguards.

Tribunal jurisdiction. Part 2 gives the Queensland Civil and Administrative Tribunal jurisdiction to review licensing decisions. Section 21 sets out the tribunal's jurisdiction and powers. Section 30 identifies who may apply for review. Reviews are conducted on the evidence before the commissioner unless the tribunal grants leave for new evidence under s 34. Appeals from tribunal decisions lie only to the Court of Appeal on a question of law (s 35).

Safe night precinct local boards. Part 6AB, Division 2 allows the Minister to establish local boards for declared safe night precincts. Boards may make rules binding on licensees within the precinct under Division 4.

The Act creates a substantial penalty regime. Key offences and maximum penalties include:

• Supplying liquor to a minor or unduly intoxicated person (s 156): 100 penalty units.
• Minor on premises (s 155): 100 penalty units.
• Unacceptable practices and promotions (s 142ZZ): 100 penalty units.
• Interference with a licence or permit (s 168): 100 penalty units.
• Failure to comply with signage requirements (s 143): 25 penalty units, plus 2 penalty units per day continuing.
• Possession of excess liquor in a restricted area (s 168B): 375 units (first offence), 525 units or 6 months imprisonment (second), 750 units or 18 months imprisonment (third or later).
• False representation of age (s 158): 25 penalty units.
• Failure to return identity card on ceasing to be investigator (s 174): 25 penalty units.

Infringement notices may be issued for prescribed offences, providing an alternative to prosecution. Compliance orders under ss 46 and 46A provide a civil enforcement pathway short of prosecution. Licences and permits may be suspended or cancelled for breaches, providing a regulatory consequence separate from criminal prosecution.

Licence and permit applications. Section 105 sets the requirements for applications, including approved form, prescribed fee, supporting documentation, and public notice requirements for certain applications. The commissioner must consider community impact, public submissions, and relevant criteria.

Transfer of licences. Part 5 governs the transfer of licences between persons, including approval requirements and the position of mortgagees and secured creditors.

Renewal of trainer and approved manager approvals. Parts 5A and 5C set out renewal timelines and procedures for trainer approvals and approved manager approvals respectively. Applications must be made before current approvals lapse.

Lapsing of applications. Divisions within Parts 5A, 5C and 5D provide that applications lapse if not decided within specified periods or if required information is not provided.

Surrender and cancellation. Part 5, Division 3 governs the surrender and cancellation of licences and permits, including the rights of secured creditors and the procedure for compulsory cancellation.

Tribunal review. Applications for review must be made within time limits set by the Queensland Civil and Administrative Tribunal Act 2009. The tribunal must notify interested persons of a review under s 32.

Safe night precinct processes. Part 6AB, Division 2 sets out the process for declaring a safe night precinct and establishing a local board, including public consultation requirements.

The Act expressly contemplates interaction with several other instruments:

• Wine Industry Act 1994 (Qld). Section 58 provides that only one licence may be granted for premises, but a licence under this Act may coexist with a licence under the Wine Industry Act 1994 for the same premises, provided the licensee is the same person and trading hours are respected.
• Evidence Act 1977 (Qld). Section 173R adopts the definition of "document" from Schedule 3 of the Evidence Act for use in the investigators' powers provisions.
• Queensland Civil and Administrative Tribunal Act 2009 (Qld). Part 2 of the Liquor Act operates alongside that Act for the purposes of tribunal review. Section 35 limits appeals to questions of law, following the general approach of the QCAT regime.
• Liquor Regulation (subordinate legislation). Numerous provisions throughout the Act prescribe fees, approved forms, trading hours, exemptions and penalty infringement amounts by regulation, creating a two-tier structure.
• Commonwealth discrimination legislation. Section 3B contains a declaration that the Act is intended to apply consistently with Commonwealth laws.
• Criminal Law (Criminal Organisations Disruption) Act (Qld) and related legislation. Part 12, Division 15 contains transitional provisions for the intersection of the Liquor Act with criminal organisation disruption measures.
• Public Health Act 2005 (Qld). The harm minimisation purposes in s 3 align with public health frameworks, and Part 6AA's ID scanning data rules intersect with privacy and public health data governance.

One licence per premises. Section 58(2) provides that only one licence may be granted or held for premises or part of premises. A venue cannot hold both a commercial hotel licence and a nightclub licence simultaneously. This is a structural constraint that affects how operators configure large entertainment complexes.

Approved manager obligations survive suspension. An approved manager retains obligations and potential liability even if a licence is suspended while they hold their approval. Practitioners advising venues in difficulty need to consider the manager's position separately.

Extended trading hours are not automatic. Trading beyond ordinary hours requires a specific extended trading approval (Division 7 of Part 4) or extended hours permit. Venues often assume that an hours approval granted years ago remains in force; it may have been revoked or varied by subsequent conditions.

Risk-assessed management plans must be available to patrons. Under Part 3A, the plan must not only exist but be available for inspection by patrons. Keeping plans locked in an office and not accessible to customers is a breach of this obligation.

Restricted area possession offences apply to everyone. The s 168B prohibition on possessing excess liquor in a restricted area binds all persons including visitors, not only licensees or residents of the community. The heavy escalating penalties can apply to tradespeople, contractors and tourists who enter declared restricted areas.

ID scanning data has strict access rules. Part 6AA imposes limits on who may access data collected by an approved ID scanning system. Access is generally available only to police under s 173EN and following. A venue operator who shares scanning data with a third party for marketing or security intelligence purposes without lawful authority faces significant exposure.

Adult entertainment permits and controller approvals are separate. A licensee who holds an adult entertainment permit cannot simply nominate any person as the controller. The nominated controller must hold a separate approval under Part 5D, which requires its own fit-and-proper assessment. Operating without an approved controller is an offence.

Community club conditions bind members and their guests. Community club licences come with conditions that restrict trading to members and their guests. Selling to casual attendees converts a community club into an unlicensed commercial operator for those sales.

Example 1: Nightclub venue in a declared safe night precinct. A nightclub in a city precinct declared under Part 6AB must comply with the rules of the local board, operate an approved ID scanning system under Part 6AA, and hold an approved risk-assessed management plan under Part 3A. If the venue also provides adult entertainment, it must hold an adult entertainment permit under Part 4A, Division 6, and ensure the entertainment controller holds an approval under Part 5D. Failure on any one of these parallel obligations exposes the licensee, the approved manager and individual employees to separate penalties.

Example 2: Community fundraising event. An incorporated non-profit entity wishing to sell liquor at a one-off fundraising event is exempt from the general licensing requirement under s 13, provided it complies with the conditions of the exemption. However, if the event involves extended hours or a venue that is not exempt, a commercial public event permit or restricted liquor permit may be needed. The entity should obtain written confirmation of the applicable exemption before proceeding.

Example 3: Operator in a restricted area community. A building contractor working in a declared restricted area carries their personal supply of beer for after-work consumption. If the quantity exceeds the amount prescribed by regulation for that area under s 168B, the contractor is at risk of a first-offence penalty of 375 penalty units regardless of their employment purpose. The exemption for restricted area permit holders does not extend to ordinary visitors without a permit.

Example 4: Review of a licensing decision. A licensee whose application for extended trading hours approval is refused may apply to QCAT for review under Part 2. The review is generally conducted on the evidence before the commissioner (s 33), which means the licensee must have put all relevant material before the commissioner at the application stage. Late evidence is only admitted if the tribunal grants leave under s 34. The appeal to the Court of Appeal is confined to questions of law under s 35.

Example 5: Subletting licensed premises. A commercial hotel licensee enters into a management agreement covering the whole of the licensed premises without first obtaining commissioner approval as required by s 153. The licensee commits an offence carrying a maximum penalty of 40 penalty units and may also have grounds for cancellation of the licence raised against it. The manager agreement itself may be unenforceable.