Guideline 59: Declaration of licensed premises (or part of) as 'not regulated for ID scanning'

Liquor Act 1992 – Section 173EH

A licensee may request to have part of their licensed premises declared as 'not regulated for ID scanning' under s173EH of the Liquor Act 1992.

The Commissioner for Liquor and Gaming Regulation may consider all of the following matters when considering such a request:

  • the use of the part of the premises
    • The Commissioner may approve a part of the premises for which the main purpose is not the on-premises consumption of alcohol. For example, a segregated gaming area or a dining area may be considered appropriate. These areas must be able to be accessed without travelling through areas of the regulated premises.
    • The Commissioner is unlikely to approve areas where the on-premises service of liquor is the main activity, such as beer gardens, entertainment areas and bar areas.
  • any relevant compliance history for the premises
  • the comments provided by the Queensland Police Service.

The Commissioner may also consider other matters depending on the particular application.

If the request is approved

If the Commissioner approves the request, a condition is endorsed on the licence declaring part of the premises as 'not regulated'.

The rest of the licensed premises will be regulated, and the licensee must meet ID their scanning obligations for this part of the premises.

Note: Under legislation, ID scanning only applies to patrons entering licensed premises for the purchase of liquor for on-premises consumption. For this reason, premises that do not allow for on-premises consumption of alcohol, and that do not trade past 12 midnight (e.g. liquor barns and drive through/walk through bottle shops), are deemed to be 'non-regulated' parts of the premises.