Baker & McKenzie Comments on the Introduction of the New Liquor Licensing Regime in the Australian Capital Territory - By Graeme Dickson

The Liquor Act 2010 (Liquor Act) has been enacted and will commence on 1 December 2010 in the Australian Capital Territory (ACT). The Liquor Act is described by the Office of Regulatory Services (ORS) as a "wholesale reform of liquor laws" (refer to the Guide to the Liquor Act 2010).

We summarise the initial impact that the Liquor Act will have on existing liquor licensees in the ACT and the significant new requirements that will be imposed upon licensees seeking to retain their licences.

New licence application

From 1 December 2010, all persons wanting to supply liquor in the ACT must hold a licence or permit under the Liquor Act. Persons currently licensed under the Liquor Act 1975, who wish to continue supplying liquor in the ACT after 1 December 2010, must submit a new licence application on or before 30 November 2010.

The relevant application form can be found here. Licensees will need to consider the new disclosure and operational requirements in their applications.

Disclosures

Purchasing and sales information disclosure

Licensees are required to disclose to the ORS information relating to the type and quantity of liquor purchased by the licensee to be sold at the licensed premises, including the name and address of the wholesaler and the wholesale price paid for the liquor.

Licensees are also required to disclose to the Chief Health Officer of the ACT the volume (in litres) of the kinds of liquor sold at the licensed premises, and whether the licensee operates as a retailer, a wholesaler, or a manufacturer.

Suitability of persons and premises

Licensees must provide to the ORS relevant information on the suitability of the licensee (and its influential persons/close associates) including criminal history checks, and the suitability of the premises (including a certificate from the ACT Planning and Land Authority).

Operational requirements

In addition to the disclosures, there are significant operational requirements that will need to be considered in order to comply with the Liquor Act.

Risk Assessment Management Plan (RAMP) – Some licensees will need to document a RAMP, to be approved by the Commissioner, which sets out a range of information from trading hours and type of food provided, to management of patrons and customers in the licensed premises.

Electronic Records – Licensees must keep records of the sale of liquor in electronic form and in a way that is easily retrievable. Those records must be kept for at least six years.

Incident Register – Licensees must keep a register of incidents (such as violent or anti-social behaviour) that occur at the licensed premises.

Mandatory Responsible Service of Alcohol (RSA) Training – Licensees, and any of their employees who supply liquor at the licensed premises, must hold a current RSA Certificate.

Breath Testing – Breath testing machines and appropriate signage may be required to be installed at certain licensed premises.

Signage – Licensees will need to display approved signs at the licensed premises, including signs relating to adult-only areas, breath testing, responsible service of alcohol, and warnings against abusive patron behaviour.

If you require any further information on the new liquor licensing requirements in the ACT, or require our assistance, please do not hesitate to contact us.

 

About Baker & McKenzie

Founded in 1949, Baker & McKenzie provides sophisticated advice and legal services to many of the world’s most dynamic and successful organizations through more than 3,800 locally qualified lawyers and more than 5,700 professional staff in 68 offices and 40 countries.  Baker & McKenzie is known for having a deep understanding of the language and culture of business, an uncompromising commitment to excellence, and world-class fluency in the way we think, work and behave.  (www.bakermckenzie.com)

Reader Comments:

Be the first to leave a comment for this article