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Stay up-to-date on gambling and liquor related legislation and industry data -
SEASONAL ALERTS
Liquor and Gaming Branch ‑ office hours over Christmas and New Year
The Liquor and Gaming Branch offices will be closing for the holiday period:
- Closing: 4 pm ‑ Tuesday, 24 December 2019
- Opening: 8.45 am ‑ Thursday, 2 January 2020
Compliance inspectors from the Branch will continue to monitor activities at licensed premises around the State and will be attending major events during the holiday period.
Trading over Christmas and New Year
The Commissioner for Licensing has authorised opening hours to be extended for premises holding general, club and on licences as follows:
Please note that liquor may not be removed from the licensed premises during the extended hours. If you have an existing out‑of‑hours permit, any conditions of that permit apply to these extended hours.
Licensees should examine their trading needs for Christmas and New Year's events and, if necessary, apply for an out‑of‑hours permit or an extension of their existing out‑of‑hours permit BEFORE 10 DECEMBER 2019. Applications for out‑of‑hours permits can be found here.
Any application for a permit needs to be lodged at least seven days prior to commencement. Failure to do so may result in your application not being assessed or granted. Further information about permits can be found here.
Taking a holiday?
Licensees must notify the Commissioner for Licensing in writing (or by email to licensing@treasury.tas.gov.au) if they will be away from the licensed premises for more than 14 days. The written notice must specify the length of time the licensee will be away and the details of the person left in charge.
In the case of absence in an emergency, the licensee should notify the Commissioner at the earliest reasonable opportunity.
Advertising and promotion of liquor - reminder
Licensees and permit holders must advertise and promote liquor in a way that supports responsible service and consumption principles. Advertising and promotion that is likely to encourage irresponsible consumption of liquor can be banned or restricted under legislation. I encourage you to review the examples of what may be considered undesirable advertising or promotion, and guidance on how to reduce the risk of promotions, which can be found here.
ADMINISTRATIVE ALERTS
Liquor licence annual fees 2020
The liquor licence annual fee notice will be sent to licensees in early January, with payment DUE BY 31 MARCH 2020. The notices now make it clear what fee is payable by this date, as well as the fee payable if payment is made after 31 March 2020 and a 10 per cent penalty is incurred. Annual licence fees not paid in full by the due date may also result in the suspension or cancellation of your liquor licence.
If you are no longer trading and do not want to pay the annual fee, you need to SURRENDER your liquor licence. You can do this by contacting the Liquor and Gaming Branch via email at the following address: licensing@treasury.tas.gov.au.
Please contact the Branch on 6166 4040 if you require further information about surrendering your liquor licence.
If you no longer wish to be the licensee, you may apply to TRANSFER the liquor licence to another person. Applications for the transfer of a liquor licence can be found here.
Record keeping requirements for gaming premises - reminder
On 1 November 2018, licence holders were advised that the requirement to maintain a Responsible Conduct of Gambling (RCG) register was no longer necessary and that a record of staff members employed in the service of gambling products was now to be kept.
There have been a number of instances where Liquor and Gaming Compliance Inspectors have found that licence holders have not moved to the new procedure. The new procedure is intended to be easier and offers the option to maintain the record in either hard copy or electronically.
A record of all staff employed by the licence holder, detailing their name, date of commencement of employment, special employee licence number, expiry date of licence and expiry date of RCG qualification is required to be kept.
A template staff register meeting these requirements has been developed and is available for use by accessing our website at www.gaming.tas.gov.au (click on the link “Staff Register" in the yellow box).
Records must be produced at the premises if requested by an inspector.
Wholesale liquor sales data - still time to submit for 2018‑19
In recent months, the majority of Tasmanian liquor licence holders who are wholesalers or producers have, for the first time, reported their wholesale liquor sales data or indicated that they are exempt from reporting, using our new online system. Thank you to these licensees.
If you have not yet made a submission for 2018‑19 or been in touch with us, there is still time.
To make a submission please go to our website at https://www.treasury.tas.gov.au/liquor-and-gaming/liquor/wholesale-liquor-sales-data
As this is the first year of reporting, the focus of the Liquor and Gaming Branch is on assisting licence holders to become familiar with the process. However, over time, the Commissioner for Licensing will take disciplinary action if data is consistently not provided.
If you are yet to report for the previous financial year and need assistance with this new process, please contact the Liquor and Gaming Branch by emailing licensing@treasury.tas.gov.au
Collecting wholesale liquor sales data will provide a useful estimate of alcohol consumption across different areas of the State. It will inform future alcohol harm minimisation strategies, as well as health and police service delivery across Tasmania. Data will be de‑identified before it is used in research and statistical analysis.
REGULATORY NEWS
New point of consumption tax on wagering
As announced in the 2019‑20 State Budget, the Tasmanian Government will introduce a point of consumption (POC) tax on wagering from 1 January 2020. Legislation to give effect to this reform was passed by Parliament in November this year.
Following consultation with industry stakeholders, the POC tax will be set at a rate of 15 per cent of the net wagering revenue of betting operators, and will exclude the face value of free bets provided to bettors. This rate is consistent with most other jurisdictions and there will also be a tax‑free threshold of $150 000 in net wagering revenue.
The tax will apply to all betting operators who offer:
This means the taxation base will expand beyond the current licensed operator (Tabcorp Group) to include other online betting operators.
The introduction of a POC tax aligns Tasmania with the national approach already taken by all Australian jurisdictions, except the Northern Territory.
Further information on the new taxation model will be provided directly to betting operators.
DISCIPLINARY ACTIONS
Disciplinary actions taken by the Tasmanian Liquor and Gaming Commission July 2019 – October 2019
| Licence holder | Section of Act | Breach | Outcome |
| Australian National Hotels Pty Ltd (Network Gaming) | 50(2) | Unlicensed person performing the functions of a special employee | Fined $1 630 |
| Tasmanian Country Club-Casino Pty Ltd (Country Club Casino) | 137(4) | Not complying with the requirements of the Internal Control and Accounting Manual | Fined $9 780 |
| Hannah Saunders | 2.3.2 | Playing gaming machine at the venue of employment | Fined $815 |
| Rossim Pty Ltd (Beach Hotel) | 50(2) | Unlicensed person performing the functions of a special employee | Fined $1 304 |
Decisions made by the Commissioner for Licensing August 2019 – November 2019
On 15 October 2019, the Commissioner for Licensing made a decision to refuse authority for the sale of Tasmanian liquor under a special licence for the premises Hill Street Sandy Bay. The decision to refuse the special licence was made as the Commissioner for Licensing was satisfied that the premises operates as a supermarket which is not in accordance with section 25A of the Liquor Licensing Act 1990.
View decisions by the Commissioner for Licensing.