26 June 2023
Guidelines for venues with self-pour liquor systems
Liquor & Gaming NSW have issued a Code of Practice for venues operating self-pour liquor systems.
https://www.liquorandgaming.nsw.gov.au/resources/liquor-guidelines
Compliance with this Code of Practice is a condition of any licence that operates self-pour systems. Of course, any new liquor licence applicant with a self-pour business model will need to assure the decision maker that steps are in place to comply with the Code, most commonly through a robust Plan of Management.
Previously, the risk associated with a self-pour model would have made it very difficult for a new licence applicant, but the publication of this Code means that such a model is now being contemplated - positive news for businesses looking to capitalise on this novel offering.
18 May 2023
Extension of age verification requirements for same day delivery
The NSW Government has granted a further extension to the temporary age verification measures for same-day delivery providers. Providers may now use the following temporary measures until 31 May 2024:
Artificial intelligence based authentication of evidence of age document.
Requiring the purchaser to make a statement
Although this marks another extension and the NSW Government acknowledges some businesses have experienced technical issues with meeting the TDIF requirements, same-day providers should be taking immediate steps to move towards compliance.
21 Apr 2023
Rare new nightclub within Cumulative Impact Assessment Area
A rare example of a high-risk liquor licence being granted within the Cumulative Impact Assessment area of Sydney.
The Independent Liquor and Gaming Authority recently granted a new on-premises (public theatre entertainment) licence with an extended trading authorisation for Bon Bon's in Bridge Street, Sydney.
Remarkably, no objections were lodged by any of the key stakeholders, including local police. No doubt this application was accompanied by extensive stakeholder consultation during the Community Impact Statement phase.
A fine achievement, and just shows that in the right circumstances, and with the right proactive approach, it is possible to overcome the presumption against the grant of such high-risk applications within the CIA area.
29 Nov 2022
Special late trading authorisations are great...but prepare for compliance risks
Pubs & clubs may enjoy five hours extra trade tonight, thanks to the Socceroos and the FIFA World Cup - no extended trading authorisation required.
A list of other upcoming special events (including if Australia progress further) can be found in Schedule 5 of the Liquor Regulation 2018.
Make the most of these occasions to bring in extra customers and show live sports, however be conscious of the extra risk that very-late trading can bring (especially for venues not used to late trade).
Venues should have a special compliance plan in place. Depending on the size of your venue, and other risk factors, you should consider:
- additional licensed security and/or RSA marshal(s)
- restrictions on certain drinks (shots, high strength liquor) after midnight
- limits of 4 drinks per person after midnight and 2 drinks per person after 2am
- minimising the use/presence of glassware
- limiting the extent of any liquor promotions, and certainly no promotions after midnight
Above all, to make use of this special exemption, your venue must show the game! Set up your venue for success, ensuring both patrons and staff can enjoy the game! ⚽
4 Nov 2022
Another licence refusal for Sydney's eastern suburbs
Another packaged liquor refusal for Sydney’s eastern suburbs.
Once again, density of existing packaged liquor outlets plays a part in this refusal. Even proximity to the similarly saturated neighboring Waverley LGA was noted in this instance.
It is telling that compared to the NSW average, Paddington has almost 3 times as many packaged liquor licences and Bondi Junction about 2.5 times as many.
This decision confirms, as we have seen with some other near-recent refusals in Bondi Junction, that boutique or small-scale outlets are not immune.
Pleasingly however, all hope is not lost - the recent grant of the IC Craft packaged liquor licence shows that it can be done!
Critical is the lack of agency objections and a willingness to move outside the immediate cluster zones. Strong management history, catering to unsatisfied niche markets and mitigating risk with licence conditions and reduced trading hours can also boost your application.
22 Aug 2022
Not complying with the technicalities of an application can lead to bad results
A very good example of the importance of an accurate (and valid) community impact statement. In this case extended trading was REFUSED on the basis of an invalid application.
Although the public consultation and site notice referred to the extended trading authorisation, and the proposed Sunday trading hours reflected the non-standard early morning trade, both the mandatory stakeholder consultation notices and the ‘FM2010’ CIS-B form did not.
It is also apparent this application was awaiting determination for 18 months, no doubt delayed by the issue with the extended trading authorisation.
Take home message is unsurprising - ensure the validity of your applications, be precise with your CIS and avoid waiting 18 months for a decision.
7 Aug 2022
Don't get caught with non-compliant (out of date) signage
The requirement to display the new/updated versions of NSW liquor signage came into force on January 2022, although they were initially released a year earlier. Yet somehow, some venues continue to overlook this.
Correct signage is a basic liquor licensing requirement. It is also part of the ‘public face’ of your venue and huge red flag to any passing regulatory authorities who may suspect more entrenched non-compliance and therefore decide to conduct an audit or inspection.
Signs can be printed out yourself (yes for FREE) at https://www.liquorandgaming.nsw.gov.au/operating-a-business/running-your-business/signs-for-your-business
The failure to display the correct signage can attract penalty notices of $220 for each offending location. If you have a large venue with multiple entries, a few bar/gaming areas and a patchwork of boundaries for your minors area authorisation, then this can quickly add up to many thousands of dollars.
1 Aug 2022
Same day alcohol delivery law reforms
Have your say on reforms to packaged alcohol delivery in NSW. Are the current requirements effective? Are they known and adhered to across the alcohol delivery industry?
Liquor and Gaming NSW are keen to hear your experiences and views on the topic.
The first stage of the consultation process closes on 12 August and will focus on requirements for evidence of age and identity, and the Responsible Supply of Alcohol Training course.
https://www.haveyoursay.nsw.gov.au/alcohol-delivery-reforms
PS:
If you work in alcohol delivery and think RSAT is the same as RSA competency - think again. Failure to have RSAT may leave you liable to a penalty notice of $550.
31 July 2022
Extra trading hours for Commonwealth Games
Pubs & clubs may enjoy two hours extra trade this Sunday, thanks to the Commonwealth Games - no extended trading authorisation required.
A list of other upcoming special events and (any) conditions can be found in Schedule 5 of the Liquor Regulation 2018.
Make the most of these occasions to bring in extra customers and show live sports.
https://www.liquorandgaming.nsw.gov.au/news-and-media/extra-cheers-for-the-green-and-gold
24 July 2022
End of licensee training exemption - now required BEFORE lodging application
As of today, most licensees and approved managers will require completion of either the standard, or standard and advanced licensee training before applying for a new licence or licence transfer.
The only licensees and approved managers that do not require this training are those of very low risk licences, such as:
single or multi-function
special event or trade fair, with less than 2,000 patrons per day
public entertainment (cinema) venues
producer/wholesaler without a drink on premises authorisation
pop-up event or promotion without a drink on premises authorisation
For everyone else, this is just one of the steps you must take - don't forget your RSA competency and National Police Check as a minimum.
24 July 2022
Beware the short term closure order - often the 'canary in the coal mine'.
A short term closure order is often the beginning of the end of a licensee or business owner. At this point, there must have been serious PAST contraventions of the Liquor Act, and NOW police are of the view the immediate exercise of the licence gives rise to a risk of further serious offences or risk to public health or safety.
Very bad news. Typically non-compliance is entrenched and the relationship with police and/or regulatory authorities is seriously compromised.
Getting back on track is tough, but it can be done:
- re-engage positively with police
- bring in strong management
- boost supervision
- strengthen management plans and policies
- get rid of staff/contractors/security that are liabilities
- have zero tolerance for non-compliance
BE PREPARED TO CHANGE. Treat a closure order as the very serious warning that it is.
14 July 2022
Important lessons for premises owners - your licensee has the power to relocate the liquor licence
Now this is a facinating matter.
You don’t often see licensee v premises owner with competing applications and ‘winner take all’ - ie only one application will be approved.
Facts are a little unusual too:
- licensee lodges an application for a removal of the licence to a new premises a few metres down the road
- licensee lodges the application 14 days before vacating the existing premises and placing the licence in ‘cease to trade’, meaning at the time ILGA determined the application, the licensee was not in fact the licensee
- premises owner, lodges their own application on the 28th and last day possible as owner-in-possession
- premises owner lodges application to redefine existing licenced boundary to a void and applies for a NEW licence at the same premises
So, who wins?
Well the ex-licensee with the business goodwill and the first-in-time application. Premises owner had their applications refused and now have a premises without the benefit of a liquor licence.
Lessons learnt - as a premises owner you must recognise your licensee has the power to move the licence to another premises (or at least apply to). Section 59(4) of the Liquor Act affords some protection for hotel licences in that the Authority may refuse such an application if satisfied the removal would adversely affect the owner’s interest - but no such express protection for other licence types.
9 July 2022
Great news, free RSA renewal continues to Feb 2023
Keep your RSA certification up to date for FREE until February 2023 - and this even applies if your RSA is expired (back to February 2020).
No excuses to not have current RSA certification. Non-compliance could cost staff members up to $440 and the licensee $1,100. Don't take the risk over something so simple.
https://theshout.com.au/help-for-hospitality-extended-in-nsw/
19 June 2022
Extra (extended) trade means extra licence conditions
Without question, authorisation for extended trading can add value to your business - but be prepared for some costs too. Completion of a community impact statement and mandatory stakeholder notifications are the first steps, but then be ready for extra liquor licence conditions to manage the increased risk profile associated with late trading venues.
In this authorisation approval, Shady Pines Saloon only needed to add a 'crime scene' condition, as it already had many of the standard conditions for late traders - such as Plan of Management and CCTV conditions.
If you want to trade outside standard hours, be prepared for the added compliance costs of extra licence conditions.
7 June 2022
Delays in same day age-verification...but it's still coming
Although the NSW Government has provided some breathing room, licences providing same day alcohol delivery services will eventually need to verify age through an accredited 'identity service provider'.
If your business isn't up to this standard just yet, until June 2023, you may verify age through:
an alternative artificial intelligence system, or
requiring the purchaser to make a statement
The law is always changing, keep up to date and ensure you remain compliant with annual independent audits.
1 June 2022
ILGA refuses package liquor licence citing community backlash
A telling illustration of how the grant of a new liquor licence is not a right (or a guarantee), but a privellege.
https://www.liquorandgaming.nsw.gov.au/news-and-media/its-a-no-for-another-helensburgh-bottleo
The liquor licence application, including community consultation and impact statements are serious processes.
For any higher risk licence types, we recommend navigating this process with experienced advisors.
22 Apr 2022
Are you ready for two-up?
Is your venue supporting two-up this ANZAC long weekend? Density restrictions are no longer in force, but there are still rules for licensees around the conduct of this tradition.
Brush up on your obligations under the Gambling (Two-up) Act 1998.
https://legislation.nsw.gov.au/view/whole/html/inforce/current/act-1998-115
18 Apr 2022
New online tool for festival organisers
The NSW government has released a handy guide for festival operators.
https://www.nsw.gov.au/topics/music-festivals#plan
Don't forget, the obligation to hold and comply with the requirements of a Safety Management Plan (for a subject festival) is in addition to the obligation to comply with the requirements of the liquor licence and Liquor Act 2007. Significant penalties apply.
Have no doubt, these requirements will be checked by regulatory authorities. Be proactive and engage your own specialist compliance management team.
3 Apr 2022
ILGA disqualifies former licensee for 3 years
A cautionary tale of a licensee who gave permission to a covert police officer to use her venue for the sale of prohibited drugs.
It is essential that business owners have visibility of the true practices of all their staff - covert audits are a valuable tool to achieve this.
24 Mar 2022
Disturbance decision results in imposition of new licence condition
A Surry Hills nightclub has had an additional security-related condition imposed on its licence as a result of a disturbance complaint initiated by seven local residents.
Other than those initiated by Police, a complaint under s 79 of the Liquor Act 2007, generally requires at least three resident complainants. Maintaining a good relationship with your local residents and proactively engaging with potential complainants will substantially reduce the risk of regulatory intervention - which may impact your liquor licence.