Compliance & Licensing Advocacy
From time to time licensees may find themselves facing an adverse decision in an application for a liquor license or permit, or some type of compliance action such as on-the-spot fines, prosecution or Disciplinary Action by the Office of Liquor & Gaming Regulation (OLGR).
At times licensees are faced with a suite of conditions recommended to be endorsed on their license or event permit and the effect of such conditions may make their business or event no longer viable or impose an unreasonable cost on the licensee.
At other times, where appropriate, a licensee may wish to negotiate a different outcome to an investigation such as having on-the-spot fines withdrawn, potential prosecutions changed to an on-the-spot fine, and the amount or type of proposed Disciplinary Action amended without the need for lodging an appeal in the Courts or Tribunals.
Sometimes a brief written submission or meeting with Senior OLGR Compliance or Licensing staff can result in clarifying the situation and finding a preferred outcome that balances the regulatory outcomes sought by OLGR with the reality of an operational licensed premise or event. Such meetings or submissions can often ensure available information and defenses that may not have been brought to the attention of a senior decision maker are considered in support of an alternative outcome.
OLGR has recently introduced laws that mean if you are given an on-the-spot fine, prosecuted, or subject to Disciplinary Action you may have to pay an additional annual license fee of between $5,000 and $20,000 in the following financial year. It has never been more important for licensees to ensure compliance and licensing decisions are appropriate in the circumstances and do not impose additional ongoing fees and penalties on the licensee.
RSA Liquor Professionals has extensive knowledge of current and historical compliance and licensing precedents and Court and Tribunal decisions and can assist licensees in making formal representations to OLGR when circumstances support such an approach. Alternatively RSA Liquor Professionals can provide training and compliance audit services to avoid any future breaches wherever possible. Please feel free to call or email to discuss our competitive fees and expert services.
RSA Liquor Professionals is not a law firm and whilst we do not represent clients in Magistrates or Higher Courts or in the Queensland Civil and Administrative Tribunal (QCAT) we can provide expert advice and referral to a network of experienced law firms and Barristers with extensive experience in Liquor Act 1992 administrative and disciplinary law when and if required.