As a licensee or permit-holder, you have an obligation to ensure alcohol is supplied and promoted in ways that minimise harm and preserve peace and good order around your premises. You must maintain a safe environment for patrons and staff of your venue and promote the responsible use of alcohol in your premises. Show As a licensee or permit-holder, you are not legally permitted to:
If you fail to comply with the responsible promotion of alcohol, you can be subject to monetary and trading penalties under the Liquor Act 1992. Unacceptable practices and promotionsUnder section 142ZZ of the Liquor Act 1992, a licensee or permit holder must not engage in, or allow another person to engage in, an unacceptable practice or promotion in the conduct of business on the licensed premises. The Commissioner for Liquor and Gaming issued Guideline 60: Unacceptable liquor practices and promotions in licensed venues, which provides examples of unacceptable practices and promotions to help licensees and permit holders comply with these requirements. Under section 142ZZA of the Liquor Act, licensees and permit holders must engage in practices or promotions that encourage the responsible consumption of liquor. For example, this may include:
Liquor advertisingUnder section 142ZZC of the Liquor Act, a licensee or permit holder is prohibited from advertising, or allowing anyone to advertise, a range of matters, including free liquor, discounted liquor or the sale price of liquor for consumption on premises (restaurants excepted). The previous provision meant that licensees or permit holders could not cause the prohibited advertising to occur; however, the new provisions extend to prevent a licensee or permit holder from allowing anyone else to engage in prohibited advertising for the licensee's premises. Compliance noticesUnder section 142ZZD of the Liquor Act, the Commissioner may issue a compliance notice stating that the licensee or permit holder must not engage, or continue to engage, in an unacceptable practice or promotion in contravention of this section or that is contrary to the public interest. The Commissioner may issue a compliance notice about any advertising that contravenes the new section or is contrary to the public interest. Note: The Commissioner will issue a guideline about practices, promotions or advertisements that may be considered contrary to the public interest. The licensee or permit holder must comply with the compliance notice, otherwise they commit an offence. The maximum penalty is 100 penalty units (monetary value of $14,375). Responsible alcohol marketing codeThe ABAC responsible alcohol marketing code exists to ensure that alcohol is marketed in a responsible way and to adults. Under the code, marketing and packaging for alcoholic beverages must not:
Happy hours and drink promotionsDrink promotions and happy hours may contribute to excessive and rapid consumption of alcohol if not adequately controlled. Requirements for conducting drink promotions were introduced in 2006 to ensure these activities are conducted responsibly. You cannot advertise happy hours outside your premises. Happy hoursA 'happy hour' is any activity traditionally known as a happy hour, whether or not the activity is actually advertised as or called this. For example, a 'publican's shout' or 'afternoon special' is regarded as a happy hour. It includes any temporary, time-limited discount on a trading day for the relevant part of the premises (e.g. public bar, nightclub). If you are a licensee within the Brisbane City Council area, you must comply with additional restrictions on happy hours. The Liquor Act allows happy hours in licensed venues outside of the Brisbane City Council area, but only if:
Promotions with prizes of alcoholYou may host reward promotions that do not encourage excessive consumption of alcohol, or promote intoxication. These include:
Low-risk promotions are also allowed, such as:
Theme nightsYou are permitted to hold themed events, such as 'student nights', provided that the conduct of the event or occasion does not:
Free samplingYou are permitted to provide free sampling within your licensed premises. Reporting irresponsible drinking promotionsIf you know of a licensed venue promoting rapid or excessive consumption of liquor, report it to the Office of Liquor and Gaming Regulation on 13 QGOV (13 74 68). Also consider...
Alcohol and drug rules A Question was recently raised regarding the linkages between driver and marine licenses – if a motor vehicle driving licence is cancelled or suspended for exceeding .05 is your marine licence automatically suspended? Answer – Although a driver’s licence may indicate the holder has a marine licence, the marine licence is still valid. In Queensland at present, licenses are covered by two pieces of separate legislation, this may be reviewed in the near future as part of the Transport & Main Roads & Maritime Safety Queensland integration and standardisation of safety rules. However, in the interim it’s worth reminding ourselves as boaties what the drug and alcohol rules are;
Alcohol on recreational ships The skipper of a recreational boat must have a blood alcohol limit of less than 0.05. The skipper is also responsible for the safety of passengers and their alcohol consumption. Skippers of recreational boats should also be aware that, the limit is still 0.05 even when your boat is at anchor, unless the boat is securely moored in a marina, to a jetty or wharf or on a swing mooring. Read more about alcohol limits in Queensland ( http://www.qld.gov.au/transport/safety/road-safety/drink-driving/blood-alcohol/index.html ) and the effects of alcohol on driving. Alcohol on commercial vessels The alcohol rules for commercial vessels are different from those for recreational boats. The master of a class 1 commercial ship must have a blood alcohol limit of 0. The master of all other classes of commercial ships (class 2, 3 and 4) must have a blood alcohol limit of less than 0.05. However, it is recommended that all commercial skippers have a blood alcohol limit of 0 as part of their general safety duty. Drug rules Police can also ask you to provide a saliva sample to detect the presence of:
There is zero tolerance for driving or boating under the influence of drugs. Read more information on drugs and driving ( http://www.qld.gov.au/transport/safety/road-safety/drink-driving/drugs/index.html ), including penalties, the testing process and effects of drugs. Suspension of a marine licence If you have a recreational marine licence and are convicted of any drink or drug driving offence involving operating a recreational vessel under section 79 of the Transport Operations (Road Use Management) Act 1995 ( http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/T/TrantOpRUA95.pdf ) (PDF, 1.2MB), your marine licence can be cancelled or suspended. Get more information about disqualification from holding a marine licence ( http://www.msq.qld.gov.au/Licensing/Marine-licence-disqualification ). If you hold a commercial marine qualification and are convicted of a drink or drug driving offence, this information will be provided to the National Regulator, the Australian Maritime Safety Authority (AMSA), who may consider whether the person is a fit and proper person to continue to hold that marine qualification. |
What is the obligation of a Marine Licence holder when being in charge of a vessel in relation to their consumption of alcohol?
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