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Liquor Amendment Bill 2006
Liquor Amendment Bill 2006
Explanatory Notes
General Outline
Short Title
The short title of the Bill is the Liquor Amendment Bill 2006.
Policy Objectives of the Legislation
The primary policy objective of the Legislation is to implement Stage One
of the Statewide Safety Action Plan by amending the Liquor Act 1992
(Liquor Act) to impose a statutory 3am lockout condition on all licensed
premises in Queensland.
The Statewide Safety Action Plan proposed amendments to the Liquor Act
to impose stricter statutory conditions on all late night traders across the
state, to be delivered in two stages. The first stage will see the introduction
of a statutory 3am lockout and the second will introduce tougher statutory
licence conditions on all licensees with permission to trade after 1am.
These conditions will include requirements relating to: crowd controller
numbers; installation and maintenance of CCTV cameras; mandatory
responsible service of alcohol training for all staff; the development and
maintenance of a house policy; restrictions on the frequency and duration
of happy hours; and a prohibition of drinking competitions or other
activities that encourage the rapid or excessive consumption of alcohol.
The approach in the Statewide Safety Action Plan is modelled on
successful reforms introduced in 2005 as a result of the Brisbane City
Safety Action Plan. This Bill progresses Stage One of the Statewide Safety
Action Plan.
Lockout conditions are imposed on licensed premises to prohibit the entry
or re-entry of patrons to the premises after a specified time. Lockouts seek
to address problems associated with the management of public intoxication
and minimise harm by restricting early morning `club hopping'.
Interaction between intoxicated patrons in public places is considered a
primary factor leading to violence and vandalism. The effect of the lockout
is to minimise numbers of patrons on streets and in public places
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Liquor Amendment Bill 2006
surrounding licensed premises by spreading their departure times over a
longer period.
Lockouts have been imposed across the state since 1996 with all major
nightclub/entertainment precincts in Queensland currently subject to
lockout conditions, with the recent exception of Cairns. Premises in the
Brisbane City Council (BCC) area, Gold Coast, Mackay and Townsville
are all currently subject to a 3am lockout condition. Earlier lockouts apply
in the following centres: Ipswich, Caloundra, Mooloolaba, Maroochydore,
Noosa, Hervey Bay, Kingaroy, Bundaberg, Rockhampton and Yeppoon.
The Brisbane lockout is legislatively imposed, while the other lockouts are
imposed through licence conditions.
Reasons for the Bill
The Bill has been drafted to impose a statewide statutory 3am lockout on
all licensed premises.
The introduction of a statewide lockout will create consistency and
certainty in the application of lockout conditions to late trading licensed
premises throughout the state by imposing a level playing field for all late
trading premises. Under the proposed amendments, eight licensed
premises (which trade after 3am) would be subject to a lockout that are not
currently or previously subject to this condition. Of these premises, three
are located in Airlie Beach, two in Gladstone and the remaining three are in
Mount Isa, Port Douglas and Toowoomba.
Achieving the Objectives
The Bill contains amendments to the Liquor Act to impose a statutory 3am
lockout on all licensed premises in Queensland.
The amendments to impose a statutory lockout on all late trading licensees
are the most efficient and effective means of imposing uniform lockout
conditions. The amendments will increase community safety by reducing
patron traffic between premises and a more gradual dispersal of patrons
from licensed premises after 3am.
Administrative costs
Any financial impact from the development and implementation of
initiatives in the Bill will be met from the Department of Tourism, Fair
Trading and Wine Industry Development's (DTFTWID) existing budget
allocations.
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Liquor Amendment Bill 2006
Fundamental Legislative Principles
Fundamental legislative principles have been considered. The extension of
the current statutory lockout for the BCC area statewide will remove the
right of appeal by licensees to the lockout conditions currently imposed
through licence conditions. The amendments are considered justified on
the basis that the lockout conditions are part of a broader Government
strategy to minimise the high risk of alcohol-related harm and violence
associated with late trading premises.
Consultation
A 12 month review of the effectiveness of the lockout condition will be
undertaken by the Liquor Licensing Division.
Notes on Provisions
Clause 1 - sets out the short title by which the Bill will be known.
Clause 2 - sets out the commencement date of 1 July 2006 for the Act
amendments.
Clause 3 - identifies that the Liquor Act 1992 (Liquor Act) will be
amended.
Clause 4 - inserts a new subsection (2) into section 107C of the Liquor Act.
The new subsection 107C(2) specifies that the chief executive may place a
condition on a licence or permit that a patron of licensed premises must not
be allowed to enter the premises during a stated period of day. This
provision will ensure that the chief executive retains the existing power
under section 107C to impose a lockout condition that starts prior to 3am
on individual licences.
Clause 5 - amends the heading of Part 5, Division 5 by removing the words
`for Brisbane City Council area'. This will mean that Division 5 will apply
to all premises in Queensland, rather than only those in the Brisbane City
Council area.
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Liquor Amendment Bill 2006
Clause 6 - sets out amendments to section 142AA of the Liquor Act.
Clause 6(1) - removes the words `in the area of the Brisbane City Council'
from subsection 142AA(1) to expand the reach of the provision to all
premises in Queensland.
Clause 6(2) - removes `7a.m.' and replaces it with `6a.m.' as the end time
of the statutory lockout. This was done to accommodate those premises
with licences to trade from 6am.
Clause 6(3) - omits the current subsection 142AA(2)(c) and inserts a new
subsection 142AA(2)(c) and subsection142AA(2)(d) which expand the
licensed premises that are exempt from the lockout condition to include
airport terminals and the Gold Coast City Council area during a motor
racing event under the Gold Coast Motor Racing Events Act 1990 (the
annual Indy Carnival).
Clause 6(4) - inserts a new subsection 142AA(3A) to allow the imposition
by the Chief Executive of a lockout provision prior to 3am by stating that
the Division does not apply if an earlier lockout is included as a condition
in a licence or permit.
Clause 6(5) - renumbers subsections 142AA(3A) and (4) as subsections
142AA(4) and (5).
© State of Queensland 2006