Liquor Regulation 2002

The regulation operates through several key concepts that interact with the Liquor Act 1992. A safe night precinct is a mapped area listed in section 3B, covering fifteen precincts including the Brisbane CBD, Fortitude Valley, Surfers Paradise CBD, and the Sunshine Coast (Maroochydore, Mooloolaba, and Caloundra). Within these precincts, certain licensee classes are exempt from the additional requirements the Act imposes: commercial hotel licences whose only part in the precinct is a detached bottle shop, community other licences, producer/wholesaler licences, subsidiary off-premises licences, and subsidiary on-premises licences not used primarily as a bar or nightclub and without regular post-midnight trading approvals. A local board for each safe night precinct is prescribed in schedule 17, and the board must include the words safe night and precinct in its name and reference the area for which it is prescribed. The rules for local boards are set out in schedule 18.

An identified organisation is an entity declared under section 3G, listing 28 outlaw motorcycle gangs and the Mongrel Mob. Despite the Acts Interpretation Act 1954, section 35, the declaration includes all state, national, and international chapters. This has direct consequences under the Act for licensees who may be members or associates.

A detached bottle shop is premises approved under section 60(1)(d) of the Act. The regulation imposes strict criteria: the shop must be no more than 10km by road from the main licensed premises, have a floor area of no more than 150 square metres, have no direct access from any other business premises, have direct access from a public place, and have no drive-in or drive-through facility. The licensee cannot have more than two detached bottle shops for the same main premises. The distance is measured by the shortest lawful driving route, and the 10km limit may be waived if the applicant satisfies the commissioner that the proposed shop would be in a locality with no off-premises liquor sales and would primarily service residents of a locality unlikely to attract other licensed premises.

The risk-assessed management plan is a prescribed concept. Section 38A lists the matters it must address: responsible service of liquor, matters in any liquor accord the licensee has joined, arrangements for lighting, noise mitigation, security, patron transport, food provision, staff training, dealing with minors, dealing with intoxicated and disorderly patrons, mitigation of amenity impacts, community and industry consultation, compliance with the Act and other laws, and the principal activity if the licence is a commercial other licence.

Undesirable liquor products declared by section 42A include products containing liquor in a flexible tube with the words go or vodka, liquor in powdered or crystal form, and liquor blended with gelatine or similar substances to create a jelly-like substance (jelly shots) if sold for off-premises consumption or in a syringe-like product. Rapid intoxication drinks prescribed by section 41B include shots, shooters, bombs, blasters, test tubes, jelly shots, drinks containing more than 45ml of spirits or liqueur prepared on the premises, and pre-mixed drinks with more than 5% alcohol by volume or containing more than two standard drinks , though cocktails listed on a displayed cocktail menu and not sold for less than the menu price during the restricted period are excluded.

The prescribed noise limits for unreasonable noise under section 40 are technical: between 6am and 10pm, the adjusted maximum sound pressure level L A10 plus tonal and impulse adjustments must not exceed the background level L A90 by more than 10dB(A); between 10pm and 6am, the sound pressure level L OCT10 in a full octave band from 63Hz to 2,000Hz must not exceed the background level L OCT90 by more than 8dB in any octave band.

The regulation directly affects every holder of a liquor licence or permit under the Liquor Act 1992. This includes the range of commercial licences (commercial hotel, commercial special facility, commercial other, nightclub, bar), community licences (community club, community other), producer/wholesaler licences, artisan producer licences, and subsidiary licences (on-premises, off-premises, on-premises (meals)). It also affects holders of commercial public event permits, extended hours permits, adult entertainment permits, community liquor permits, restricted liquor permits, craft beer producer permits, and artisan spirits producer permits. Each of these categories is captured by the application requirements in Part 2, the fee structure in Part 8, and the obligations in Part 6.

Applicants for any licence, permit, or approval are affected by the detailed application particulars required by section 4 (plans, identity evidence, planning compliance evidence, sanitary convenience compliance, and, where entertainment is provided, an acoustic assessment) and by the timing requirements in section 5 (21 days for most applications, 28 days for commercial public event permits, and eight weeks for adult entertainment permits for one occasion).

The regulation also affects owners of land and premises where licensed activities occur. For detached bottle shops, the owner may be required to provide evidence of the applicant's right to occupy. For alterations to licensed premises, the owner must join the application if the licensee is not the owner. For other premises included in a community club licence, the owner of those other premises must be a party to the application.

The identified organisations provision in section 3G directly affects members, associates, and chapters of the 28 listed motorcycle clubs and the Mongrel Mob, imposing restrictions under the Act on their involvement in licensed premises.

Local boards for safe night precincts, being incorporated associations prescribed in schedule 17, are directly affected by the naming requirements in section 3D and must comply with the prescribed rules in schedule 18.

Patrons of licensed premises are affected indirectly: drinking water must be provided free of charge in certain licences (commercial hotel, community club, bar, nightclub, commercial public event permit, artisan producer licence, and any premises with an extended trading hours approval after midnight) or at reasonable cost in other premises. Patrons subject to a banning order or licensee ban may have their facial image captured by a facial recognition technology system operated under section 27B, provided the system is used only for identifying excluded persons and deletes biometric information that does not match an excluded person.

The commissioner and investigators are affected by the regulation's specification of their powers and duties: the commissioner must follow the criteria for approvals, issue notices of refusal that comply with the tribunal Act, conduct reassessments of licence fees, and refund overpaid amounts. The regulation also affects the Queensland Civil and Administrative Tribunal, which hears applications for extension of time to pay licence fees under Part 8, Division 6.

Licensees have numerous duties under the regulation. A licensee who holds an approval for a detached bottle shop must start conducting business within 60 days after the last day for review (or 90 days if there is a tribunal review) or the approval lapses. The licensee must display particulars on the detached bottle shop as if it were the main licensed premises, per section 10 applying section 143 of the Act.

Under section 19, a licensee who sells liquor on other premises (within the meaning of section 77(2) of the Act) must display a legible copy of the licence in a conspicuous place or have it available for inspection by an investigator, on penalty of 25 penalty units.

The obligation to provide drinking water under section 27A is tiered. Licensees holding a commercial hotel, community club, bar, nightclub, commercial public event permit, or artisan producer licence, or a subsidiary on-premises, industrial canteen, producer/wholesaler, or commercial special facility licence with extended trading hours approval after midnight, or a casino licence, must provide clean and potable drinking water free of charge at all times liquor is sold, by means other than a water tap in a toilet facility. Other licensees must provide it free or at reasonable cost. Penalty for either tier is 40 penalty units.

For licensees operating facial recognition technology under section 27B, the duties include: ensuring the system is used only for identifying excluded persons subject to a banning order or licensee ban; including a function that deletes biometric information that does not identify an excluded person; displaying a sign stating the system is in operation at each entrance and near any ID scanner; not keeping or disclosing personal information after the licence ends; and not using personal information to promote liquor consumption or for loyalty or reward programs. Penalty for non-compliance with signage, post-end data handling, or prohibited uses is 20 penalty units.

Record-keeping duties are detailed. A producer/wholesaler licensee must maintain a transactions record with quantities acquired or supplied in 15 categories (low strength beer, medium strength beer, heavy strength beer, brewed products other than beer, fortified wine in bottles/casks/bulk, wine other than fortified wine in bottles/casks/bulk, wine mixed with other beverages, fermented products other than wine, spirits mixed/not mixed, and other liquor mixed) and for each supply the name and licence/permit number of the recipient. Other licensees (except artisan producer licensees) must record purchases or acquisitions in the same 15 categories. Artisan producer licensees must record for each sale the quantity in litres, type, sale price, and whether the liquor was produced on the premises.

A licensee holding a subsidiary on-premises licence whose principal activity is providing meals must keep records of daily liquor sales by amount, type, and price; details of every meal including date, time ordered, and price; and wages or payments to workers. The licensee must also keep annual totals of beverage and food sales and costs. Penalty for non-compliance is 20 penalty units.

Licensees in the Brisbane City Council area have additional duties under Part 8B: minimum crowd controller numbers prescribed by patron count, minimum CCTV requirements (clear recording at each entrance and exit, time/date display, 28-day storage, one-year storage capacity, digital copy production), maintenance checks by 12.30am each trading period, repair arrangements within 48 hours of malfunction, six-monthly certification by a qualified person, and an incident register with specified information.

Licensees involved in adult entertainment permits must comply with conditions including the management plan, daily controller records, and a prohibition on spruiking audible or visible from outside the premises. Adult entertainment is not authorised on Christmas Day or Good Friday.

The right to apply for reassessment of a licence fee under section 36J is a significant right, but it is limited: the licensee must apply within three months after the licence was granted or after the beginning of the licence period, and only if there was an error, incorrect or incomplete information, or a relevant change in operations. The commissioner may also reassess on their own initiative. If the reassessment results in an underpayment, the licensee must pay within 28 days; if an overpayment, the commissioner must refund at the time of notice. The right to apply to the tribunal for an extension of time to pay under section 36N is available only during the suspension period and on limited grounds: natural disaster affecting the business, cessation of business, a possession proceeding, or personal hardship (not financial hardship alone).

The regulation creates several penalty provisions. Section 19 imposes a maximum penalty of 25 penalty units for failing to display or make available a legible copy of a licence on other premises. Section 27 imposes a maximum penalty of 20 penalty units for a subsidiary on-premises (meals) licensee who fails to keep the required daily and annual records. Section 27A imposes a maximum penalty of 40 penalty units for failing to provide drinking water in accordance with the tiered requirements. Section 27B imposes a maximum penalty of 20 penalty units for each of three distinct offences: failing to display the required sign about the facial recognition technology system, keeping or disclosing personal information after the licence ends, and using personal information to promote liquor consumption or for loyalty or reward programs.

Section 34 imposes a maximum penalty of 10 penalty units for publishing or causing to be published an advertisement for adult entertainment that contains graphics or a photograph, or, if in print media, exceeds 8cm by 5cm. The definition of advertisement includes coasters, circulars, fliers, matchboxes, napkins, and signs.

The most significant enforcement mechanism in the regulation is not a direct penalty provision but the automatic consequences of failing to pay the licence fee or an underpaid amount, set out in sections 36L to 36O. If the licensee does not pay by the due date (28 days after notice of grant for a new licence or otherwise 31 July in the licence period), the licence is suspended for 28 days. If the amount is still unpaid at the end of the suspension period, the licence is cancelled. Payment during the suspension period ends the suspension. The cancellation is subject to the licensee's right to apply to the tribunal under section 36N for an extension of time on the limited grounds of natural disaster, cessation of business, a possession proceeding, or personal hardship (but not financial hardship). If the tribunal grants the application, the tribunal sets a time for payment of at least 7 days and no more than 28 days. If payment is made within the tribunal's time, the suspension ends. If not, the licence is cancelled and the underpaid amount or a proportionate part of the licence fee becomes a debt payable to the State.

The compliance history risk criterion in section 36CA operates as a quasi-penalty: an infringement notice for certain offences (supply to a minor or similar) triggers a fee of 7,140 fee units; disciplinary action taken and not successfully challenged triggers 14,290 fee units; conviction for a supply offence that contributed to a death or serious assault triggers 28,570 fee units. If multiple triggers arise from the same incident, only the highest fee applies. These amounts are not penalties in the criminal sense but are licence fees that must be self-assessed and paid to maintain the licence.

The regulation does not itself create investigation or enforcement powers; those are in the Act. However, the regulation specifies what constitutes compliance, such as the noise limits in section 40 that define unreasonable noise. Exceeding those limits may constitute an offence under the Act. Similarly, the declared undesirable liquor products in section 42A and the prescribed rapid intoxication drinks in section 41B form the basis for enforcement action under the Act's provisions.

The regulation explicitly refers to several other enactments. Section 3FA(5) requires the licensee to prepare a privacy management plan stating how the licensee will comply with the Privacy Act 1988 (Cwlth) in relation to personal information recorded by an approved ID scanner. Section 27B(2)(a) requires a licensee operating a facial recognition technology system to be treated as an organisation under the Privacy Act 1988 (Cwlth) and to comply with that Act in relation to personal information held in the system. These provisions import Commonwealth privacy obligations directly into the state licensing regime.

The Acts Interpretation Act 1954 is referenced in two significant ways. Section 3G(2) provides that, despite section 35 of that Act, a reference to an identified organisation includes all state, national, and international chapters. Section 36DA applies section 48C(3) of that Act to the rounding of fee amounts expressed in fee units. The regulation also uses the definition of fee unit from that Act for calculating monetary amounts.

The Building Act 1975 is referenced in the definition of Building Code of Australia in section 4(5), and section 22(3) imposes a condition that the applicant must obtain development approval under the Planning Act (presumably the Planning Act 2016, though the regulation refers to the Planning Act generally). Section 22(3) also requires all stated approvals or certifications under an Act other than the Liquor Act.

The National Vocational Education and Training Regulator Act 2011 (Cwlth) is used in section 38 to define the approved training course as the unit of competency or module called Provide responsible service of alcohol that is part of a VET course under that Act.

The QCAT Act is referenced throughout the regulation in connection with review rights. Sections 13, 15, 18, 22, 24, and 36K require written notices of refusal to comply with section 157(2) of the tribunal Act (the QCAT Act). Section 36K(3) requires the notice of reassessment to state that the licensee may apply to the tribunal for review under the QCAT Act and the right to have the operation of the decision stayed under section 22(3) of the QCAT Act. Section 36M states that Part 8, Division 6 is made for section 208(3)(b) of the Act to allow a licensee to apply to the tribunal about failure to pay the licence fee.

The State Penalties Enforcement Act 1999 is referenced in section 36CA for the definitions of administering authority, fine, and infringement notice.

The Casino Control Act 1982 is referenced in section 27A(1)(c) as one of the triggers for the obligation to provide free drinking water: a commercial special facility licence where the principal activity is a casino under that Act.

The Associations Incorporation Act 1981, Part 4, is referenced in section 3D(3) as applying to the name of a local board for a safe night precinct.

The Criminal Code is referenced in section 36CA(7) for the definition of serious assault, which means an offence against sections 320, 323, 340, 349, or 352 of the Code.

The South Bank Corporation Act 1989 is referenced in section 43 for the definition of South Bank Parklands as a prescribed public place where consumption of liquor is prohibited.

The regulation also interacts with local government planning schemes, as evidence of compliance with the relevant planning scheme is required for applications under sections 4, 7, 12, and 21. The commissioner must be satisfied that use of the premises for the proposed licensed purpose is permitted under the planning scheme.

The regulation commenced on 1 September 2002 and has been amended extensively. The source text records amendment history after many sections. The most notable amendments include: 2008 SL No. 418, which made substantial changes to the fee structure and introduced the self-assessment regime in Part 8, Division 3; 2009 SL No. 272, which amended section 3 and inserted a previous version of section 3A; 2010 Act No. 51, which inserted a previous version of section 3B; 2014 SL No. 225, which inserted the current Parts 1A (Safe night precincts) and 1B (ID scanning), replaced sections 3A and 3B, and inserted sections 3C through 3E; 2014 SL No. 318, which inserted section 3F on exempt classes for ID scanning; 2016 Act No. 62, which inserted section 3G on identified organisations; 2016 SL No. 71, which inserted section 41B on rapid intoxication drinks; 2017 SL No. 91, which inserted section 3FA on prescribed conditions of licence for regulated premises; 2018 SL No. 92, which amended section 41B and section 42A; 2021 SL No. 35, which inserted sections 24A through 24G on sample volumes and return particulars, and added artisan producer licence provisions; and 2025 SL No. 162, which inserted section 27B on facial recognition technology systems. The fee amounts in sections 36A, 36B, 36CA, and 36D have been updated annually or biennially to reflect changes in the value of a fee unit, as shown by the repeated amending instruments from 2009 through 2022. Some sections have expired: sections 36AA and 36AB were temporary COVID-19 provisions that expired on 30 June 2021 and 30 June 2022 respectively. Sections 37 and 37AA were also temporary COVID-19 provisions that expired at the end of 2020 and 2022. Part 10 (sections 44-53) expired on 30 September 2003. Sections 39A and 37F were omitted in 2014. Section 36C was omitted in 2013 and replaced by section 36CA on the compliance history risk criterion.

The source text of the regulation does not contain any litigation history, references to court cases, or annotations of judicial decisions. The regulation itself is subordinate legislation and does not record how courts have interpreted its provisions. A competent analysis of the litigation history would require examining Queensland Supreme Court and Queensland Civil and Administrative Tribunal decisions that have considered provisions of this regulation. Practitioners should note that sections 13, 15, 18, 22, 24, and 36K give review rights to the tribunal, so there is likely to be a body of QCAT decisions on matters such as the commissioner's refusal of applications, the conditions attached to approvals, and reassessments of licence fees. The grounds for applying for an extension of time to pay under section 36N (natural disaster, cessation of business, possession proceeding, personal hardship but not financial hardship) have likely been tested before the tribunal. The definition of unreasonable noise in section 40, being a technical acoustic standard, may have been litigated in enforcement proceedings under the Act. The identified organisations list in section 3G and the prohibition on undesirable liquor products in section 42A may have been the subject of judicial review. However, the source provided contains no information on any such cases.

Several provisions contain traps for the unwary practitioner. The 10km distance limit for detached bottle shops (section 7) is not measured by straight line or driving distance on any road: it must be measured using the shortest route that may be taken driving a motor vehicle in compliance with all relevant state and local laws. The measurement is taken between the place of egress by road from the land of the main premises that is closest to the proposed shop and the place of ingress by road to the land of the proposed shop that is closest to the main premises, or the reverse. The applicant must also ensure the 150 square metre floor area limit, the prohibition on direct access from another business, and the prohibition on drive-in or drive-through facilities. The 10km limit can be waived, but only if the proposed shop is in a locality with no existing off-premises licensed premises and the locality is not likely to attract such premises due to population.

The approval for a detached bottle shop lapses automatically if the licensee does not start conducting business within the required period. The time periods differ: 60 days after the last day for review if no review is sought, or 90 days after receiving the tribunal's decision if a review occurs. There is no discretion for the commissioner to extend these periods.

The compliance history risk criterion fee (section 36CA) can be extraordinarily high. A single infringement notice for supplying to a minor triggers a fee of 7,140 fee units. Disciplinary action that is not successfully appealed triggers 14,290 fee units. A conviction for a supply offence that contributed to a death or serious assault triggers 28,570 fee units. At the current fee unit value, these are very substantial amounts. The fee is payable for the licence period following the triggering event, and the licensee must self-assess it. An error in self-assessment could lead to a reassessment and a demand for the underpaid amount, with suspension and cancellation if not paid within 28 days.

The application for an extension of time to pay the licence fee (section 36N) can be made only during the 28-day suspension period. The grounds are limited and financial hardship is expressly excluded. An applicant who has simply run out of money cannot rely on this provision. The tribunal's time for payment must be at least 7 days and not more than 28 days. If the applicant fails to pay within the tribunal's time, the licence is cancelled immediately and the fee becomes a debt payable to the State. There is no second chance.

The record-keeping categories in sections 25 and 25A are detailed and prescriptive. They require a transactions record that breaks down liquor into 15 categories including low, medium, and heavy strength beer separately; fortified wine in bottles, casks, and bulk separately; wine other than fortified wine in bottles, casks, and bulk separately; spirits mixed and not mixed; and any other liquor mixed with other beverages. The definitions are precise: bottle means a container of not more than 1.5L, cask means 2L to 20L, and bulk means over 20L or for bottling elsewhere. A licensee who mistakenly combines categories or uses different container thresholds may be non-compliant.

The drinking water obligation in section 27A has a trap for licensees with an extended trading hours approval after midnight who hold certain licence types (subsidiary on-premises, industrial canteen, producer/wholesaler, commercial special facility). For these licensees, the water must be provided free of charge, not just at a reasonable cost. The obligation applies at all times liquor is sold, and the water must be provided by means other than a water tap in a toilet facility.

The rapid intoxication drinks prohibition in section 41B excludes cocktails that are listed on a cocktail menu displayed on the premises, are not sold for less than the menu price during the restricted period, and are not designed to be consumed rapidly. However, a drink containing more than 45ml of spirits or liqueur prepared on the premises is still a rapid intoxication drink even if it is a cocktail, unless all four conditions are met. The cocktail menu exception requires the cocktail to be listed on a document prepared by the licensee and displayed, so a drink that is occasionally prepared but not on the menu is not exempt.

The facial recognition technology provisions in section 27B authorise the use of such technology but impose strict conditions. The system must delete biometric information that does not identify an excluded person. When a licence ends, the licensee or former licensee must not keep or disclose any personal information held by the system. The information must not be used to promote liquor consumption or for loyalty or reward programs. Each of these obligations carries a penalty of 20 penalty units. A licensee who implements facial recognition without these safeguards risks prosecution.

To comply with the Liquor Regulation 2002, a licensee should adopt a systematic compliance programme organised around the key obligations. First, ensure that all applications are accompanied by the correct particulars as required by section 4: a 1:100 scale plan of the premises, a location plan, identity evidence, planning scheme compliance evidence, and sanitary convenience compliance evidence. If entertainment is provided, include an acoustic assessment by a qualified person. Allow sufficient time: 21 days for most permits and approvals, 28 days for commercial public event permits, and eight weeks for adult entertainment permits for one occasion.

Second, maintain accurate and complete transactions records in the prescribed categories. Use the definitions in sections 25, 25A, and 26 to classify liquor correctly. For producer/wholesaler licensees, also record the name and licence number of each recipient. Keep these records for the period required by the Act and produce them to investigators on request.

Third, self-assess the licence fee correctly each year. Calculate the base fee under section 36A for the relevant licence type. Add the risk criterion fee for extended or authorised trading hours under section 36B if applicable (the fee increases steeply as the trading hours extend later). Add the compliance history risk criterion fee under section 36CA if there was an infringement notice, disciplinary action, or conviction in the previous licence period. Submit the self-assessment form to the commissioner by 31 July (or 28 days after notice of grant for a new licence). Pay the fee by the due date to avoid automatic suspension and cancellation.

Fourth, for licensees in safe night precincts, check whether any class exemption applies under section 3A. If the premises is in a safe night precinct and the licence is not exempt, comply with the Act's requirements for those precincts.

Fifth, for licensees subject to ID scanning requirements, implement the prescribed conditions under section 3FA: secure the approved ID scanning equipment physically and electronically, report any incidents affecting integrity or security to the approved operator immediately, ensure service and repair is done only by or through the approved operator, prepare and maintain a privacy management plan complying with the Privacy Act 1988 (Cwlth), consider and report breach of privacy complaints to the commissioner within 14 days. Note that a regulated car park is not regulated premises for certain purposes except during the days and hours stated in a car park approval.

Sixth, provide drinking water in accordance with section 27A. Identify which tier applies. If the licence is a commercial hotel, community club, bar, nightclub, commercial public event permit, artisan producer licence, or has extended trading hours after midnight with certain licence types, provide water free of charge from a source other than a toilet tap. For all other licensees, provide water free of charge or at a reasonable cost.

Seventh, for licensees in the Brisbane City Council area, comply with the crowd controller numbers in section 37C (based on patron count), the CCTV minimum requirements in section 37D (recording at all entrances and exits, 28-day storage, one-year storage capacity, digital copy production), the maintenance requirements in section 37DA (daily check by 12.30am, repair arrangements within 48 hours, six-monthly certification by a qualified person), the storage requirements in section 37DB (secure place accessible only by the licensee or authorised person), and the incident register requirements in section 37E.

Eighth, comply with the prohibition on unacceptable practices and promotions under section 41. Do not hold a patron's bank card or other property pending payment for liquor in a way that discourages the patron from monitoring their purchases.

Ninth, for licensees operating facial recognition technology, comply with section 27B: ensure the system is used only to identify excluded persons subject to a banning order or licensee ban, delete non-matching biometric information, display signs at each entrance and near ID scanners, do not keep or disclose personal information after the licence ends, and do not use personal information to promote liquor consumption or for loyalty or reward programs.

Tenth, comply with the record-keeping requirements in section 27 if the licence is a subsidiary on-premises licence whose principal activity is providing meals. Keep daily records of liquor sales and meal orders, and annual totals of beverage and food sales and costs. These records must be retained for the period required by the Act.