Liquor News

RSA Liquor Professionals

8 months ago

ID Scanning in Queensland

(Grab a coffee..... and a Tim Tam)

Firstly, for those in the Liquor industry who have been waiting for some guidance or information via my page, sorry for the late advice but we have all been waiting on some eleventh-hour reprieve however it is now clear it is the Governments intention to proceed full steam ahead on Saturday (1st July 2017) … against all industry advice I may add.

Item 1

If you are the licensee of a regulated premises approved on a permanent basis to trade after midnight and you choose to close the premises at midnight, you are still required to scan the ID of all patrons entering and re-entering the premises between 10pm and midnight. You would also need to employ a licensed crowd controller during this time, remembering that a minimum of 4 hours employment usually does apply.

Item 2

The people that are NOT required to be scanned are
• On duty Employees of the licensee - this includes contractors and entertainers
• Persons attending for the sole purposes of attending a function at the premises
• Persons attending the premises for the sole purpose of dining/meals – on the following types of licenses
o a commercial hotel
o a subsidiary on-premises licence if the principal activity of the business conducted under the licence is the provision of accommodation
o a community club.
• Residents of the premises
• Exempt minors attending the premises

These exemptions are in additional to the exemptions that already exist in the Liquor Regulations for section 173NB(2) of the Liquor Act 1992 being;

• a commercial hotel licence if the only part of the licensed premises located in the safe night precinct is a detached bottle shop;
• a community other licence;
• a producer/wholesaler licence;
• a subsidiary off-premises licence;
• a subsidiary on-premises licence if both of the following apply—
o the licensed premises are not used primarily as a bar or nightclub; and
o the licensee does not have approval to sell liquor at the licensed premises after 12 midnight on a regular basis.

Item 3

You must refuse entry to a regulated premises if
• the scan (or manual check) of the photo ID indicates the patron is subject to a banning order for the premises
• the patron fails to produce acceptable photo ID
• a licensed crowd controller (or staff member supervised by a licensed crowd controller) of the regulated premises does not scan the photo ID using an approved ID scanner linked to an approved ID scanning system (or in the case of system failure, does not check the photo ID against the manual ban list).

Remember that this includes entry and/or re-entry whether the patron has a “pass-out stamp” or not. Premises should also be mindful of patrons walking off their licensed area to a rear or side smoking area and then returning to the licensed area without being scanned. The same applies to footpath dining areas unless subject to an exemption condition.

Item 4

There are 3 types of bans from Queensland licensed venues.

• Court bans - bans imposed as a condition of bail under the Bail Act 1980, and banning orders issued under the Penalties and Sentences Act 1992.
• Queensland Police Service bans (police bans) - police banning notices issued under the Police Powers and Responsibilities Act 2000.

Scanners will display bans imposed for other areas of Queensland that may not legally restrict that particular patron from entering your particular venue. It is up to the licensee whether you allow that patron into your venue or not, keeping in mind that if that particular patron causes problems you may have higher liabilities for letting them enter in the first place … food for thought. Most licensees believe refusing entry to all banning types is there only choice just in case somethin goes wrong.

The last type of banning order is a

• Licensee or Venue Bans – You are able to ban a person from entering your licensed premises and have this ban registered on the approved ID scanning system. To create a ban, you are required to enter certain details into the system, such as:
o name
o date of birth
o duration of the ban
o reason for the ban
o a photo.

Note: Admitting persons subject to a licensee ban is at the discretion of each respective venue as there is not offence or obligation under the Liquor Act to prevent their entry.

If you do detect someone that is subject to a “Court” or “Police” ban:

• The licensed crowd controller must prevent the entry of a patron
• The approved ID scanning system will automatically send an email to police advising that a banned patron has attempted to gain entry to the premises.
• Notify the Queensland Police using the following methods if available:
o Policelink on 131 444 or your local Police Beat.
o Use a linked radio system operated within a SNP
• Write a description of banned patron, including a direction of travel should they walk off once advised they are banned and not permitted to enter the venue.

Note: There is no authority to detain the banned person, or confiscate the banned patron’s identification.

Item 5

Any person operating an approved ID scanner at a regulated premise is required to be licensed as a crowd controller. There are exemptions to this requirement where certain persons are involved only in scanning patron IDs subject to the following criteria:

• the person is accompanied and directly supervised by a licensed crowd controller when undertaking duties associated with the operation of an approved ID scanner at all times; and
• the licensed crowd controller independently assesses both the ID and the patron, and appropriately screens the entry of the patron; and
• if the ID scan identifies a banned patron (only a licensed crowd controller may remove that person from on or around the regulated premises); and
• in any physical interaction between a licensed crowd controller and a patron (a person merely scanning a patron’s ID must avoid all involvement); and
• the person must be appropriately trained to operate the approved ID scanning system.

Note: the fines for an individual operating an ID scanner without exemption or without being a licensed crowd controller is up to $60,950 fine (first offence), with the Licensee company employing the unlicensed crowd controller subject to a maximum fine of $304,750 (first offence).

Item 6

If you are an employee of a regulated premises, you have various responsibilities under the Liquor Act and Privacy Act in relation to the ID scanner scheme. These include knowing:

• what actions you need to take in the event of a positive ban check or approved ID scanner system failure
• the types of identification that are acceptable
o all current Australian drivers licences or permits issued by a State or Territory of Australia;
o a current 18+ card issued by a State or Territory of Australia;
o a current Australian Post Keypass Identity Card;
o a current Australian and Foreign passport;
o a current foreign drivers licences - must display name, photo and date of birth of the licence holder. (Where a foreign drivers licence is not in English, an international driver permit issued in the foreign country of origin is acceptable.)
• the requirements for refusing entry and re-entry
• your obligations in relation to privacy, including accessing personal information
• details of your venue’s collection notice and how to access the venue’s privacy policy
• how to deal with a privacy complaint from a member of the public.

Note: There may be some legal concerns where the ID Scanner is not being used on the licensed area of a premises. The Liquor Act 1992, where the authority is drawn, only applies on land licensed under the Liquor Act itself. Licensees should seek independent legal advice where the patrons are having their identification checked and/or where patrons are being refused entry on land that it not currently legally licensed pursuant to the Liquor Act 1992. Venues may also choose to seek advice from their public liability insurers.

Item 7

If an approved ID scanner malfunctions or breaks down, you must not allow a patron to enter the venue unless their ID has been checked and you have confirmed the patron is not subject to a banning order for the premises.

The following are the steps to follow if an approved ID scanning system fails:

• Ensure that all patron IDs are being manually checked prior to entry using a manual ban list to check for patrons subject to an official ban.
• If a licensed crowd controller makes a positive ban check for a patron subject to an official ban for the regulated premises, they should
o notify QPS at the time (through Policelink on 131 444), their local Police Beat, or through any linked radio system operated within a SNP that includes real-time monitoring by QPS
o record the following information, to be provided to OLGR
 date and time of the detection
 personID (this is located on the manual ban list)
 nicheID (this is located on the manual ban list)
 venue name.
• Contact the regulated premises approved manager for assistance, and to arrange for a technician to attend the premises (if required).
• Login to the OLGR Client Portal and complete the System Failure – Licensee form within 48 hours from first allowing entry to a patron during the system failure. By doing this you will satisfy the requirement to notify OLGR and QPS (as OLGR have put in place arrangements to share the notification with QPS).

Note: You can continue to allow patron entry after 10pm, provided you manually check a patron’s photo ID against a current list of persons subject to banning orders for the premises (the manual ban list). The approved operator is required to make a manual ban list available to you.

We understand up to 50% of venues state wide may not yet have full installation complete and that OLGR are advising venues that use of a manual ban list for up to 1 month will be permitted on a case by case basis for these venues.

Item 8

Under the Privacy Act, you must notify patrons of ID scanner requirements prior to having their photo ID scanned. You must also display a collection notice at each public entrance to the regulated premises. Note that a regulated licensee must also have:

• a publicly available privacy policy that details how the collection of all personal information is managed
• an internal procedure document (a privacy management plan) which explains how your venue manages privacy. This includes protecting personal information from any misuse, interference, loss, unauthorised access, modification or disclosure - and how to handle complaints.

Note: The approved ID scanning system will automatically delete scanned personal information after 30 days.

Item 9

Access to scanned data (including personal information) at a regulated premises will be restricted to a limited number of people, such as venue management. This access will be auditable - the approved ID scanning system will retain a record of the login details of all persons who log on to the approved ID scanning system at the premises.

Some best-practice measures that you may take to meet your obligations include:

• limiting staff access to the approved ID scanning equipment
• not having a group password
• staff training
• physical measures to keep approved ID scanning equipment secure, including locking offices and ensuring the equipment is constantly supervised.

Note: You are required to provide access to patron scan data from your approved ID scanner upon request from an enforcement body.

Item 10

You have an obligation to inform patrons about how they can make a privacy complaint. Information on how a person can make a complaint must be advertised on the collection notice, as well as detailed in the venue’s privacy policy.

Steps for patrons wishing to lodge a privacy complaint
• Lodge a written complaint directly to the regulated premises/approved operator and allow 30 days for a response.
• If a response is not received in this timeframe, or if the person is not satisfied with the response, a complaint can then be lodged directly with OAIC. OAIC can investigate privacy complaints from individuals about private-sector organisations covered by the Privacy Act.
• Complaints should be made to OAIC in writing by completing the online Privacy Complaint Form, or by mail, fax or email.

Steps for regulated premises to deal with a privacy complaint
• Accept and review written privacy complaints.
• Notify OLGR that a written privacy complaint has been received (within 14 days of receiving the complaint). This can be done by logging in to the OLGR Client Portal and selecting the Privacy Complaint form.
• Provide a response to the person’s privacy complaint within 30 days.
• If the person is not happy with the outcome, provide the person with details on how to lodge a complaint with OAIC. Refer the person to the regulated premises’ collection notice and privacy policy.

Note: If you have concerns about what information and / or document are required, please start with the templates available on the OLGR website.

Item 11

The scanning systems recognises a wide variety of identification documents, however, if a foreign driver's licence or any other acceptable evidence of age is not recognised by the scanner, the systems enable the person's name and date of birth to be manually entered into the scanning device for the check to be performed.

The Liquor Act 1992 does allow a manual check of the hard copy list as indicated above in the case of a scanner malfunction. As one could argue that the ability to scan a foreign document is not really a malfunction, it would be required that the persons details are entered into the scanning device for the check to be performed.

Item 12

The USS George Washington will dock in Brisbane and Rockhampton from late June to late July as part of Exercise Talisman Saber. Some 30,000 US and Australian military personnel will visit the Rockhampton region and other centres.

While dates have not been released for shore leave, it’s important to prepare for a potentially busy period, particularly during the early stages of the ID scanner scheme.

The Queensland Police Service have used their channels to communicate information about the new ID scanner requirements directly to the ships, including that personnel will need to present with a drivers licence or passport if they wish to enter or re-enter regulated venues after 10pm.

Note: Our advice is that the US Military does not allow personal documents to be carried ashore on shore leave due to security concerns. As US Military identification is not an acceptable form of identification that can be used to enter a regulated premise after 10pm we can expect some interesting times over this period.

Item 13

OLGR staff will have a heavy presence in Safe Night Precincts over the course of the weekend.

OLGR staff, together with Queensland Police Service officers in some locations, plan to visit venues required to operate ID scanners to assess and report on a range of matters.

Approved operators will have field staff available on 1 July in the major precincts and are also required to provide a 24 hours help desk facility to support you with any scanning problems. If you experience any problems with your ID scanning equipment on the night, please contact your approved operator:

• Scantek Solutions’ 24 hour help line – 1300 552 106
• QikID Pty Ltd’s 24 hour help line – 1300 745 432

Item 14

Please ensure you report to OLGR all teething problems you experience. I am already hearing venue managers with long names not being able to scan on as an operator. We understand operators (security in most cases) must use their own drivers license or similar to sign on and this is likely to be news to most guards. Why their security license is not acceptable (if so) appears to be an obvious flaw.

Finally

A large number of applications for an exemption condition remain outstanding with only one day left for this advice to be received. Initial decisions suggest it appears likely all or most applications will be refused.

No action appears to have been taken to vary any SNP boundaries despite multiple appropriate requests with ample notice. This is an extraordinarily unfair approach by OLGR and Government in my view.

In all of the circumstances venues who now wish to avoid ID scanning obligations can still act to reduce their trading hours with the following options:

- reduce to 12 midnight 7 days per week
- reduce to 12 midnight Sun to Thu nights

(These two options align with the annual fee scheme)

- reduce to 12 midnight on any low trade nights only noting that if any day between sun to thu is retained after 12 midnight you will have to pay the full annual fee for the 7 day extended hours fee.

Venues who surrender 7 days per week will no longer be regulated premises and ID scanning obligations will no longer apply to you.

Venues who retain authority to trade after 12midnight for 2 or more days will have to operate ID scanners from 10pm on every one of those nights even if you actually close at midnight, but will be exempt on nights their liquor license shows closing time at 12midnight.

Venues should act ASAP tomorrow (Friday 30 June) to email

liquorandgaminglicensing@justice.qld.gov.au

advising of your request for immediate surrender of the relevant trading hours. It is suggested you request email receipts using your software settings. OLGR are likely to act with absolute urgency to enact these surrenders. Provided you have evidence of any written surrender request and actually close at 12midnight on any relevant night (including Sat 1 July) you are unlikely to see any action from OLGR even if your surrender request has not been confirmed. It will happen quickly is my bet as many believe that forcing venues to choose an early closing time was a key intention of this policy all along.

This is without doubt the worst single piece of legislation enacted in the 25 year history of the Liquor Act in Qld. I firmly believe it will achieve very little and may actually cause more violence in queues. And this coming from someone who actually supports voluntary use of the systems. The devil is in the detail and this scheme is broken to the core.

If you have any questions and/or concerns please don’t hesitate to drop me an email.

Regards

Russell

(Acknowledgement to my colleague Garry Oliver for a solid draft to start from)! ... See MoreSee Less

RSA Liquor Professionals

1 years ago

JOINT STATEMENT
Premier and Minister for the Arts
The Honourable Annastacia Palaszczuk
Minister for State Development and Minister for Natural Resources and Mines
The Honourable Anthony Lynham
Attorney-General and Minister for Justice and Minister for Training and Skills
The Honourable Yvette D'Ath
Alcohol service tightened for public safety

State Cabinet has decided to further reduce the service of alcohol in Queensland’s pubs and clubs by halving the number of one-off permits for extended service hours in Safe Night Precincts and imposing restrictions on their use.

Cabinet approved the changes based on the findings of research conducted by Deakin University’s Institute for Social Science Research into the first six months of operation of Queensland’s alcohol-fuelled violence laws.

Deakin University’s research found the “systematic and widespread use of extended trading permits” meant that sinceearlier last drinks were introduced in July last year, “there has not been a single weekend night where all venues in the Fortitude Valley have ceased the service of alcohol at 3am”.

It also found a “lack of notable change in trends since the introduction of the Policy also suggests the provision of extended trading permits (allowing the sale of alcohol until 5am) has compromised the impact of the Policy.”

Premier Annastacia Palaszczuk said on the basis of the research findings, Cabinet had decided to tighten restrictions, as part of the Government’s commitment to tackle alcohol-fuelled violence.

“All the evidence in Australia and around the world suggests the most effective measure to reduce alcohol-fuelled violence is to reduce the number of hours that alcohol is served after midnight,” the Premier said.

“It’s disappointing the systematic use of these permits has clouded the impact of our new laws; some venues have been using the extended 5am trading as business-as-usual.

“We won’t allow that to continue, and will make this reduced number of permits available only for genuinely special events,” the Premier said.

The Deakin University report also concluded the introduction of lockouts “is not likely to significantly change current trends (except for pre-drinking)” and that “measures used to reduce harm earlier in the night such as ID scanners, and banning orders for repeat offenders continue to be warranted.”

Attorney-General Yvette D’Ath said that the government had decided not to enforce the 1am lockouts in 3am Safe Night Precincts that are due to come into effect from 1 February, and would instead work to introduce mandatory ID scanner in Safe Night Precincts by mid-year and enforce banning orders on repeat offenders.

“These are not decisions we have taken lightly,” Mrs D’Ath said.

“However, based on the evidence before us, we see these measures as the best option to reduce the toll of alcohol-fuelled violence in a quantifiable and effective manner.”

Cabinet has decided:

number of one-off permits to allow trading until 5am would be cut from 12 to six in SNPs;
use would be limited “special events” to be defined by a criteria approved by the Government, rather than 5am trading being “business as usual”;
State-wide end of alcohol service at 2am unless the venue is in a Safe Night Precinct (SNP);
3am last drinks in Safe Night Precincts;
ban on the sale of rapid intoxication, high alcohol-content drinks after midnight; and
enforce ID scanners from 1 July 2017 in SNP and enforce banning orders.
Cabinet also endorsed funding for extra overtime for police officers in SNPs to minimise the need for officers to come from suburban stations to SNPs.

Minister and former maxillofacial surgeon Dr Anthony Lynham said he was appalled that some licensed venues have gamed the use of extended permits to get around our last drinks.

“I welcome the tighter restrictions, because last drinks is what will reduce senseless violence and unnecessary injury and worse for Queenslanders,” he said.

“I have said publicly that lock-out laws when used alone don’t work. What works is a reduction in the hours people can be served alcohol,” he said.

“Everything else are complimentary measures to achieving a reduction in harm.” ... See MoreSee Less

RSA Liquor Professionals was attending Sold out Tour to Brouhaha Grand Opening at Brouhaha Brewery.

2 years ago

Best of luck and huge congratulations to Black Hops Brewing, Burleigh & Brouhaha Brewing, Maleny on getting the taps flowing from today! ... See MoreSee Less

RSA Liquor Professionals

2 years ago

Lockout Laws Strategy

Guys & gals, it has been a tough week and some level of venting was and is appropriate. As an industry however we need to take the high road and not lower the standard of the debate to sexist and derogatory comments. A bit of ironic commentary and comedy is fantastic but let's not lower ourselves to the standard of parliament as we have seen it this week. Anyone who watched any of the goings on in parliament this week would have been reminded just how bad our so called leaders actually behave, like children on two opposing teams in a school yard insult competition. They shouldn't be entrusted with such industry changing powers.

We now have two main timelines as follows:

1 July 2016 - 2am everywhere / 3am precincts trading hours commence. Whilst the choice of few in the industry this won't actually be a huge issue (don't shoot me for this comment). Be positive and prepared and the market will respond. Guys still want to go out and meet girls and vice versa. Your venues still offer fabulous entertainment and safe environments, don't forget that. Before 1 July 2016 OLGR will have to develop definitions for "Rapid Intoxication Drinks" and we need to be ready to ensure these definitions are clear enough to ensure whisky & cocktail bars have limited impact whilst giving effect to the policy intent to stop shots etc. This won't be easy and will only be hampered by too much industry vitriol. Small bar licenses and possibly others will need to apply in advance for exemptions and precincts that haven't done so already will need to form boards so that these are in place before 1 July.

1 February 2017 - commencement of the 1am lockout. This is the SINGLE issue I believe the industry needs to prioritize for the next 12 months. The law has been passed for now but 12 months is a long time in politics, the KAP changed their mind in less than 1 day, we have about 350 days to change them back. In the current parliament the industry will NEED the KAP support to remove the lockout element of the law. Lots will happen to support this!! Justice Ian Callinan will hand down his report into Sydney's laws in August that may lead to repeal of those laws in NSW, if that happens we have an opportunity to defer or remove the 1am lockout here before it ever takes effect. The ALP think they have won the war, it was a major battle no doubt, but the war is not over until at least 1 Feb 2017. WE CAN STILL STOP THE 1AM LOCKOUT.

Government is disconnected from our industry, no doubt. The venue closure and job loss stats your industry leaders predicted will inevitably happen even under the current phase. When a small venues lease comes up for renewal in Cairns or Surfers or the Valley each business will make a difficult decision. If you know of a venue that intends to close for their own unique circumstances (as much as we feel for these operators) please let this page know and encourage the operator to post signage linking their closure to the reduced trading hours laws. A similar thing will occur when annual fees fall due on 31 July 2016, some venues simply won't have the market confidence to commit to another year. Whilst I feel for the individual owners of these businesses and their staff, I truly do, If even half a dozen venues state wide close, our predictions become a reality and we regain credibility. Venue closures especially in regions like Cairns & Townsville (which is sadly likely) will provide an opportunity to convince the KAP to support an LNP lead bill to remove the 1am lockout element of the Liquor Act before it even commences on 1 Feb 2016.

This has to be the single unified goal of the industry!!!!!

It is this measure which will have the most dire consequences for our nightlife and the night time economy. To achieve this we will need the KAP and the level of personal attacks needs to be dialed back or stopped. Intelligent commentary like #casinoanna & #nannystatia remain completely appropriate and need to be widespread in your use, but cut the sexist crap, it belittles those who use it more than those it targets.

Media have not been strong supporters of the liquor industry on this topic BUT the liquor industry has owned, and will continue to own, the social media environment. Keep this up as the youth vote will change the balance of power at the ballot box in 2017. The actions of Pallaszczuk, Darth & Lynham will impact on every ALP member statewide particularly in marginal seats like Brisbane where Grace Grace surely must lose her seat for not supporting your jobs in her electorate. Play the long game in this issue is my advice to industry. They have built a house of dominos and give it a little more time for it to crumble as it surely must. Queensland is one by-election away from a potential change of Government and the next polls surely must further destabilize a shaky minority Government.

Key messages have to show that the industry accepts reduced trading hours as part of the solution (concede what has already occurred for now) BUT the deferred lockouts are a live issue that won't work.

Lastly I would take the opportunity (for those of you who have read this far) to publicly acknowledge the work of Nick Braban & Trent Meade and others from Our Nightlife Queensland, Sarosh Mehta from Caxton Street as well as peak industry bodies like the QHA and SPAAL and many others who worked tirelessly behind the scenes and in the front line trying to oppose this bill. Many of you may never know how much work truly went into this. These people need your support (including financial contributions by your venues) to continue this campaign towards 1 Feb 2017.

The great services you provide and the safe venues you operate and work at are the ultimate example of why these laws weren't needed in the first place. Keep doing what you are doing and your customers will adapt for now, just remember that and take the high road any chance you get to comment on this issue. ... See MoreSee Less

RSA Liquor Professionals

2 years ago

Huge thanks to our RSA Pro clients for using the services of our small business during 2015. Enjoy a busy festive season in your venues, phone or email if you need advice, and we will see you all again in 2016! ... See MoreSee Less