As featured in the latest edition of the QHA Review
Pursuant to the Liquor Act 1992 (Qld), a licensee cannot sell or supply alcohol outside of their approved trading hours, however, this does not mean a licensed premises is not allowed to trade outside of those hours.
For example, a licensee does not need approval and is not required to notify anyone before using their licensed premises outside approved trading hours, provided alcohol isn’t being served or consumed if:
- patrons are eating a meal in an area of the premises ordinarily set aside for dining (or otherwise in a function room between 7:00 am and 10:00 am);
- patrons are using TAB facilities from midday on Anzac Day;
- patrons are watching televised sport; and/or
- the premises is also licensed for gaming, in which case, the premises can stay open for up to two (2) hours after approved trading hours.
Notwithstanding the above, all usual compliance requirements remain in place at all times and must be maintained outside of approved trading hours. In particular, licensees and their staff must maintain a safe environment in and around the licensed premises and actively manage community disturbance.
Therefore, amongst other things:
- use of the premises must not adversely affect the amenity of the nearby area;
- behaviour of persons entering or leaving the premises must not adversely affect the amenity of the nearby area; and
- relevant offences in or around the premises must be prevented where the licensee knows or has reason to believe the offence is being or about to be committed.
A ‘relevant offence’ is one that may be reasonably expected to have an adverse impact on the health and safety of a person in or around the premises or the amenity of the area in which the premises are located.
Further, licensees must ensure:
- compliance with all noise conditions on their liquor licence;
- noise coming from their premises is not unreasonable and does not negatively impact local residents and/or businesses. This includes limiting noise from entertainment, patrons at, entering, or leaving the premises, and mechanical noise related to the operation of the premises such as generators, air conditioners, fridges etc.
Where a licensee does not comply with these obligations, penalties may be imposed for the inappropriate conduct.
If you own, manage, or are considering acquiring a hotel in Queensland, and want advice on trading hours, the ability to extend those trading hours, or trading outside approved trading hours, please don’t hesitate to contact me on 07 3224 0230.
