Responsible Service newsletter

Minister's message

2017 has been a significant year for the hotel and club industries.

I would like to thank licensees and their staff for their support and contribution so far to the Government’s Tackling Alcohol Fuelled Violence initiatives. We know that alcohol-fuelled violence is an issue that cuts across demographics, and it will take co-operation from everyone involved to drive cultural change.

Since July 2016 some Queensland licensees have worked through significant changes. As licensees are aware, ID scanners commence on 1 July 2017 for relevant licensees in Safe Night Precincts.

To assist licensees in adopting ID scanners, the Queensland Government announced it will provide a direct, one-off payment to all licensees who are required to install an ID scanning system by 1 July.

All relevant licensees were sent an application form by the Office of Liquor and Gaming Regulation (OLGR) at the end of last month to apply for the payment of $4,000 (ex GST).

This funding is available now, and if you have not done so already, I encourage you to engage with the OLGR.

Go to Use of ID scanners for licensed venues for further information, including contact details of the approved operators.

The Hon Yvette D’Ath MP
Attorney-General and Minister for Justice and Minister for Training and Skills

Executive Director's message

ID scanners update

The introduction of networked ID scanners for some licensed venues inside safe night precincts is now less than 2 months away.

Last month the Office of Liquor and Gaming Regulation (OLGR) was pleased to report that the Queensland Government had approved financial support for those licensed venues required to install ID scanning equipment, and that both QikID’s and Scantek Solutions’ ID scanning systems were approved by the Commissioner for Liquor and Gaming.

The Commissioner also supported a more flexible approach to the ID scanning provisions in Section 5 of the Security Providers Act 1993 (SPA) following concerns from the industry about increased operational costs and staffing flexibility.

He determined that a person scanning ID need not be a licensed crowd controller, but only when all of the following criteria are met:

  • ID scanning is mandatory for your venue
  • the person scanning the ID is accompanied and directly supervised by a licensed crowd controller for such duties at all times
  • the licensed crowd controller independently assesses both the ID and the patron, and appropriately screens the entry of the patron
  • if the ID scan identifies a banned patron, only a licensed crowd controller may remove that person from on or around the premises
  • in any physical interaction between a licensed crowd controller and a patron, the person merely scanning a patron’s ID must avoid all involvement
  • the person scanning the ID must be appropriately trained to operate the scanning system.

Therefore, the exempted persons will not be subject to the requirements of the SPA, including the wearing of ID and the completion of registers.

These improvements should encourage licensees of regulated licensed venues to contact an approved operator, Scantek or QikID, as soon as possible in order to have your equipment installed by 1 July 2017.

Go to Use of ID scanners for licensed venues for more information, including the contact details of approved operators and details on the SPA exemption, or phone 13 QGOV (13 74 68).

Results of authorised sale of gaming machine authorities for hotels

The sale of gaming machine authorities for hotels, which closed on 22 March 2017, saw 84 authorities advertised and sold.

In the south-east region, 28 authorities were sold at an average price of $162,499. There were 53 in the coastal region at an average price of $65,675 and 3 in the western region at an average price of $65,510.

The next tender of gaming machine authorities is expected to be held in July 2017. OLGR will email all eligible licensees to advise dates for the authorised sale.

Mike Sarquis
Executive Director
Office of Liquor and Gaming Regulation

Requirements for approved managers

Office of Liquor and Gaming Regulation (OLGR) compliance officers have recently identified that some licensees are failing to comply with the approved manager requirements under the Liquor Act 1992.

Some licensed venues have been operating without an approved manager reasonably available or present at a time when they must be. In other instances, staff have been engaged in the capacity of an approved manager, without the required approval.

Licensees must take reasonable steps to ensure that a person employed as an approved manager (or the licensee or permit holder) is present or ‘reasonably available’ during ordinary trading hours or extended trading hours between 7am and 10am.

Being ‘reasonably available’ means being readily contactable and able to be present within 1 hour of contact, or another time as approved by the Commissioner for Liquor and Gaming.

An approved manager must be present during approved extended trading hours between:
- 12am and 5am if the licence type is a special facility licence for an airport or casino
- 12am to 3am if the licensed premises is located in a safe night precinct
- 12am to 2am for other licensees.

Some exemptions apply for ‘low-risk’ venues. Go to Guideline 43: Approved managers to identify whether exemptions apply to your venue.

A person can apply to the Commissioner to be an approved manager (refer to section 142Q) if they hold a current Responsible Management of Licensed Venues (RMLV) certificate. However, it’s important to note that RMLV certification alone does not give you approval to act as an approved manager; you must also have permission from the Commissioner.

The licensee must keep, at the main licensed premises, copies of current RMLV certificates held by each approved manager they employ (refer to section 155AE) and these must be available for inspection by an OLGR investigator.

Go to Guideline 43 for more information about approved managers.

Notify OLGR of changes to your gaming venue ownership and/or management

Gaming licensees are obliged to notify the Office of Liquor and Gaming Regulation (OLGR) of all changes to their venue ownership and/or management; including changes in directors, executive officers or secretaries, or shareholders of the licensed entity.

Remember, the Gaming Machine Act 1991 allows for heavy fines to be imposed for non-compliance; OLGR notes that many gaming licensees are not fulfilling this obligation.

OLGR holds details of the influential or benefiting parties associated with your venue in the form of an affidavit, which you completed at the time you applied for a gaming licence. At that time, OLGR advised that you would need to disclose (within 7 days) any changes to those parties. You must provide the changes to OLGR on a fresh affidavit.

Also, management committee changes at licensed gaming venues are to be reported to OLGR annually. If your venue is a club you must supply this information when you lodge your annual audit report. If your venue is a hotel, you must lodge it at the same time you pay your annual liquor licence fee.

If you need further clarification, please email liquorandgaminglicensing@justice.qld.gov.au.

Ensure your postal and email addresses are correct

It is very important that the Office of Liquor and Gaming Regulation (OLGR) has your correct and preferred postal and email addresses in the Client Portal.

OLGR regularly sends you information that is essential to know, or respond to, and that can affect the functioning of your business.

We are approaching mid-year when the OLGR issues annual liquor licence fee notices.

Notices are to be paid by 31 July 2017 and generally mailed out in late-June. If your liquor licence fee is not paid on or before the due date, your licence will be automatically suspended for 28 days. If you fail to make payment during that 28 day period, your licence will be cancelled.

OLGR is also increasingly using email for the distribution of important information, such as changes to legislation and the commencement of tenders for hotel authorities and club entitlements.

You can update your details online via the OLGR Client Portal or email your updated address/email to the Licensing Branch at liquorandgaminglicensing@justice.qld.gov.au.

Company fined under the Charitable and Non-Profit Gaming Act 1999

In April 2017, a motorhome company was fined $5,000 in the Beenleigh Magistrates Court for breaching Section 101 of the Charitable and Non-Profit Gaming Act 1999.

The court found the Beenleigh-based company guilty of failing to take reasonable steps to ensure advertising associated with their promotional game was not misleading.

The company ran a promotional game in 2015 that advertised 2 prizes: a motorhome worth $200,000 (first prize) and a campervan or fit-out worth $35,000 (second prize).

However, when the game closed only 1 prize was drawn, being the campervan or fitout, which was advertised as second prize. The motorhome was not won.

The court was told the company used 2 barrels: 1 to determine the winner and 1 for the prize.

An investigation by the Office of Liquor and Gaming Regulation (OLGR) found that in the second barrel, only 1 envelope out of 1,000 contained the advertised first prize of the motorhome.

The object of the Charitable and Non-Profit Gaming Act 1999 is to protect players and the community, including by ensuring the integrity and fairness of games.

In the case of this game, the marketing and wording used on the ticketing led consumers to believe that there would be 2 major prizes drawn, including a $200,000 luxury motorhome. There was no mention of the secondary barrel draw.

In accordance with the legislative requirements, the company (including their managing director) should have taken the necessary steps to ensure the advertising was not misleading.

This court outcome highlights the importance of persons familiarising themselves with the provisions of the Act before conducting games.

Go to Not-for-profit and charitable gaming for further information, including a link to the Charitable and Non-Profit Gaming Act 1999 and subsequent guides