Since the February edition of The Hospitality Messenger referred to proposed legislative reform, we have obtained a copy of the draft amending legislation tabled by the McGowan State Government at the end of February 2018. It contains 68 different types of amendments.
Some of the less publicised, but still notable proposed changes include:
The second reading speech occurred on 13 March 2018 and further debate on 13 and 14 March 2018. The opposition has indicated that it will be seeking some amendments to the proposed changes.
At this stage there is no certainty as to whether the proposed new laws will be passed. The timing of any new laws is also unknown.
We will keep you informed of progress with the new laws and provide summaries of how they may affect you.
Licensees have an opportunity to think outside the square when it comes to trying to improve profitability. For example, the following can sometimes generate more revenue:
The Delegate of the Director of Liquor Licensing has refused the application for a small bar licence to be known as High Street Bar, in Fremantle.
The application faced interventions from the Health Department and Police as well as 58 objections. The objectors included several health professionals.
The applicant proposed a venue for only 70 people, but next door to a mental health facility which provides services to people experiencing alcohol and drug related problems.
Whilst the applicant produced some health evidence to support its business proposal, the decision maker determined that the objectors’ evidence was preferred and said:
“I therefore find that there are at-risk persons in the immediate proximity of the proposed licensed premises who may be impacted by the grant of the application.”
A full copy of the decision is here.
The licensing authority in Western Australia is very particular about toilets.
The location, number and design are all relevant factors.
Applications have been refused on the basis of non-compliant toilets.
Other applications have only been approved with conditions which correlate to toilets.
Precinct developments have been adversely affected by licensing issues associated with common/public toilets.
Toilet requirements for licensed premises are different for licensed premises compared to non-licensed premises and they can differ from state to state.
Whilst the licensing authority does have discretion about what is acceptable, that discretion is usually applied quite strictly and with little flexibility.
Unlike other licence types, restaurant licences are not required to have their toilets located within the licensed restaurant premises for the exclusive use of their patrons. But other requirements do apply to external, shared toilets.
Does you’re your business or club hold personal information? Most do.
Does it also have a turnover greater than $3million?
If you answered yes to both questions, your business or club is most likely now required to comply with the Notifiable Data Breaches scheme. This arises from security obligations under Australian privacy laws.
Essentially, the scheme requires an organisation to notify the Australian Information Commissioner of certain breaches. For more information about the scheme you may wish to read the following article published by Lavan’s Cyber and Data Protection Team or visit the Office of the Australian Information Commissioner here.
When a venue licensed as a restaurant obtains a permit to authorise patrons to consume liquor without a meal, those patrons must still be seated, at a table, at all times when they have an alcoholic drink in their hand and receive table service.
The issue of energy drinks in the liquor licensing environment is now entrenched. The Police and Health Departments often address energy drinks in their interventions. Many licenses are subject to a condition prohibiting the sale of liquor with energy drinks. Countless studies and medical reports hace been published claiming a range of health consequences from the consumption of energy drinks, which are said to be exacerbated when combined with alcohol. An MP in the UK recently called for an energy drink prohibition for people under 16. Will we soon see a licensing regime for energy drinks similar to liquor? The question is already out there.
