As seen in the November edition of Bowls Queensland's Queensland Bowler.
You know it’s that time of year when glitz, glamour and good times take centre stage as the Spring Racing Carnival kicks off yet again. It’s likely that your Bowls Club is in for another big one, so as the race that stops a nation draws near, we thought it necessary to remind Clubs of their obligations in relation to sweeps and drink promotions.
What time does the party start?
As licensees would know, standard trading hours for a community club licence are from 10am to 12 midnight, Monday to Sunday, and there are no specific changes or restrictions to these standard hours during the spring racing period.
Bowls Clubs may apply to allow trading between 7am and 10am on either a permanent basis or on a temporary one-off basis for a particular occasion. Of course, extended trading hours is not necessary if the Club is open for trade but no liquor is being served – for example, if patrons are having a meal or where they are participating in the sport associated with the Club.
Maximise your sweeps
Calcutta sweeps can be conducted by licensees that are a non-profit association and, in limited cases, an individual, without a licence where the gross proceeds are not more than $2,000.
Calcutta sweeps where the gross proceeds are not more than $50,000 can be conducted without a licence where licensees are ‘eligible associations’ (such as an association formed and operated for a community or sporting purpose). There are mandatory auditing requirements for sweeps where the gross proceeds are more than $10,000.
All tickets in the sweep must be sold at the same price, but may also be sold as discounted bundles (e.g. one for $1 or three for $2) and are to be numbered consecutively. If the draw does not occur on the day that the tickets are sold, they must include:
Any advertising for sweeps must contain the date and name of the event on which it is to be conducted, the closing date for the sale of tickets, details of how prize winners will be notified, the name of the person conducting it, and the time, date and place for the draw and auction.
Exclusions for Cup Day promos
When it comes to planning your promos for the big day, don’t forget that the OLGR specifically excludes Melbourne Cup Day promotions from several of the many advertising restrictions usually imposed on licensees, similar to those relaxations on advertising for ‘bona fide functions’ under the Act, allowing licensees to promote their functions and packages to the general public more than usual.
On every other day of the year, section 142ZZC(1) of the Liquor Act 1992 (the Act) prohibits licensees from advertising promotions such as some discounted drink promotions, and all you can drink packages or happy hour deals from outside of the premises.
So remember, what may seem like a harmless advertising campaign to get members through the door could have serious consequences for your Club resulting in fines or a breach under your Liquor Licence.
If you would like to discuss your Club’s Cup Day arrangements, sweep requirements, or need any assistance in creating a compliant advertising plan for your Club to use throughout the year, please do not hesitate to contact me on 07 3224 0353.
Article written by Matthew Bradford (Partner) and Frances Kelly (Solicitor).
"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."