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Is your club's CCTV compliant?

To be published in the December January 2021/2022 Edition of Clubs Queensland's Club Insight magazine.

With the festive season fast approaching, it is prime time for club owners to consider their CCTV systems and ensure they are compliant under the Liquor Regulation 2002 (the Regulation) and the Liquor Act 1992 (the Act). To assist with this, we have highlighted the key requirements for CCTV to be compliant for Licenses.

 

Perform maintenance and equipment checks

Licensees who trade after 1.00am within the Brisbane City Council area (BCC Licensees) or those who have a specific condition on their licence, must check and maintain the CCTV they operate at their premises.

Before operating trade each day, you must check your CCTV equipment is recording and operating efficiently. You must also record the details of the person who checked the equipment, the date and time it was checked, and whether the equipment was (or wasn't) working properly.

Licensees are also required to have their equipment checked and certified by a qualified person (someone with a current ‘security equipment installer’s licence’) at least every six months. This certification and details of the check must be recorded in a register.

Should your equipment not be in working order, you must arrange for it to be repaired or replaced within 48 hours and record details of the malfunction. This 48-hour period is not a grace period – Licensees must continue to abide by their CCTV obligations during that period if open for trade.

 

Appropriately store your CCTV recordings

In addition to other obligations imposed on Licensees in relation to CCTV (such as placement of devices and operational times), the Act and Regulation also require Licensees to retain historical CCTV footage. Licensees must store each recording in a secure place at the premises which only the Licensee or a person authorised by the Licensee can access. 

The CCTV equipment must be capable of storing footage for a minimum period of 28 days (the retention period). When an incident has been identified, the CCTV footage must be archived and retained for a minimum of one year after the retention period, unless it is given to a police officer or OLGR investigator (in which case the footage must be kept until written notice is received from the investigator). Where no incidents have been identified, the CCTV footage must automatically be deleted within 30 days after the retention period.

 

Further compliance

If you are a BCC Licensee or otherwise have specific CCTV conditions on your licence, you must also:

  1. install CCTV at each entrance and exit at the licensed premises that is ordinarily used by patrons;
  2. start recording footage from 8.00pm;
  3. clearly display relevant video surveillance signage to alert patrons that they are being recorded; and
  4. comply with minimum security staff numbers.

Understanding your obligations under the legislation in relation to CCTV footage is the first step to compliance. Whilst these tips will assist you to be on the right track to implement and maintain the required procedures at your club, we welcome the opportunity for you to invite us to do a thorough health check on your CCTV compliance.

If you would like to arrange a health check or if you have any queries in relation to your obligations, please contact our Clubs Partner, Matthew Bradford, on (07) 3224 0353.

Article written by Matthew Bradford (Partner) 

"The content of this publication is for reference purposes only. It is current at the date of publication. This content does not constitute legal advice and should not be relied upon as such. Legal advice about your specific circumstances should always be obtained before taking any action based on this publication."