Liquor and Gaming News - December 2020

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Stay up-to-date on gambling and liquor related legislation and industry data -

2019-20 Tasmanian Liquor and Gaming Commission Annual Report

Legislation and Data

Gambling Premises Information by Location

Liquor Licence Information by Location

​​SEASONAL ALERTS

L​​iquor and Gaming Branch ‑ office hours over Christmas and New Year

The Branch offices will be closing for the holiday period:

  • Closing: 4 pm ‑ Thursday 24 December 2020
  • Opening: 8.45 am ‑ Monday 4 January 2020

    Compliance inspectors will continue to monitor activities at licensed premises around the State during the holiday period and will be attending COVID approved public events with approval to sell alcohol.

Trading ove​​r 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:

  • Christmas Eve ‑ midnight until 2 am on Christmas Day
  • New Year's Eve ‑ midnight until 3 am on New Year's Day

    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 and, if necessary, apply for an out‑of‑hours permit or an extension of their existing out‑of‑hours permit as early as possible in December 2020 and ideally at least 14 days prior to the planned commencement. Event planners who will be serving liquor must also apply for a permit. Applications for permits can be found here.

    The Branch has been experiencing a high volume of applications and enquiries and we encourage you to lodge your permit applications as soon as possible to ensure they can be considered in time.

Taking a hol​​iday?

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.

​​ADMINISTRATIVE ALERTS

Liquor licence​​ annual fees 2021

Annual liquor licence fees for licence holders (not including off licences) will be waived for 2021 in line with the Government's continued COVID‑19 support.

If you are no longer trading, you must surrender your liquor licence. You can do this by contacting the Liquor and Gaming Branch via email at: licensing@treasury.tas.gov.au. If you require further information about surrendering your liquor licence, please contact the Branch on 6166 4040.

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.

COVID-19​​ support

Current public hea​​​lth restrictions

All Tasmanian businesses and workplaces are now permitted to operate, but must implement measures to meet the minimum COVID-19 safety standards and record this in a COVID-19 Safety plan. The latest updates to restrictions include the allowance of standing activities for licenced venues. Standing drinking is now permitted in outdoor areas at licenced venues.

Please note that patrons indoors at a licenced venue must remain seated while drinking alcohol under the current restrictions.

For the latest COVID‑19 licensed venue information, please visit the Liquor and Gaming Branch website (www.treasury.tas.gov.au/liquor-and-gaming/).

Planning an event?​​ Factor in event planning approval

If you are planning a public event or activity in Tasmania, the Tasmanian Government has released A Framework for COVID-19 Safe Events and Activities in Tasmania to ensure events can recommence in a safe and controlled environment for patrons.

Events are categorised into “levels" dependent on their size and risk and require an Events COVID-19 Safety Plan. The Director of Public Health has requested that event organisers register Level 2 and 3 events through Business Tasmania and these will require assessment and/or approval within 21 days.

PLEASE NOTE - if alcohol is to be sold, event planners are encouraged to submit their liquor permit application to the Liquor and Gaming Branch five weeks before event commencement, which encompasses the 21 days required by Public Health.

Further information regarding event planning and approval can be found here.

Extension of special permits​​ for sale of takeaway of liquor

Permits granted during the COVID‑19 industry closure to allow for the temporary sale of liquor with a takeaway meal expired in November 2020. In September 2020, the Branch emailed affected special permit holders inviting application for an extension of the temporary permit until 28 February 2021 where it could be demonstrated that the business continues to be adversely affected and is relying on take-away sales as a result of the public health directions.

If you previously held a special permit and wish to continue with this arrangement and can provide evidence of the ongoing impact of the restrictions, please email the Branch via email at licensing@treasury.tas.gov.au. 

There is no intention that these permits will continue indefinitely, however, they will be available while businesses continue to be materially affected by COVID restrictions.

Leeway for RCG acc​​reditation for existing Special Employee's licence holders - ending

Following closure of the gambling industry due to COVID‑19, licensed special employees whose Responsible Conduct of Gambling (RCG) accreditation expired during the period 15 March 2020 to 31 July 2020 were provided six months longer to complete their RCG reaccreditation. This leeway period is due to expire by 31 January 2021.

Affected special employees have been contacted by the Branch and are required to obtain RCG reaccreditation through an approved Registered Training Organisation (TasTAFE or Express Online Training).

Please note that employers must continue to ensure that at least one individual who has completed the RCG course be on duty at all times, in each area where electronic gaming machines operate (as per the Responsible Gambling Mandatory Code of Practice for Tasmania).

Refunds of 2020​​ fees - reminder

Please contact the Liquor and Gaming Branch if you have not yet sought a refund of fees paid during 2020, these were waived under the Government's COVID-19 financial support policy.

Information regarding the 2020 fees waived by the government can be found on the Liquor and Gaming website here.

Joint inspection​​s

The Liquor and Gaming Branch has been performing joint inspections of liquor, gaming and wagering premises with the Police and WorkSafe Tasmania to ensure premises and venues are complying with their licence requirements and keeping their venue safe in a COVID-19 environment.

Wholesale liq​​uor sales data for 2019-20 now due

Liquor licence holders who are wholesalers or producers are requested to complete their online submission of data for 2019‑20 through our website.

You will receive a reminder email from us if we are expecting a submission from you. Thank you if you have submitted 2019-20 data or have told us that you are exempt.

We understand that licensees are likely to require more time to report this year given the impact of the coronavirus. Check our website for tips to help make the process go smoothly.

Are you exempt?

If your total sales volume for 2019‑20 was below the small business thresholds, you are not required to submit data. Please check our website for more information and let us know by completing the online form (this should only take a few minutes).

Ideally it would be appreciated if returns could be lodged by 31 December 2020. However if unable to do so, then we will accept in January 2021. If you need assistance with this process, please contact us by emailing: licensing@treasury.tas.gov.au.

Special Em​​ployee's Licences - current application assessment timeframes

The Branch is currently receiving a very high volume of Special Employee licence applications and consequently processing timeframes have increased. For faster application assessment, applicants should submit a complete application by ensuring:

Liquor Licenc​​es and Transfers - current application assessment timeframes

Since the re‑opening of the hospitality industry, the Branch has continued to receive a large volume of applications for new liquor licences and licence transfers, which has impacted assessment and determination timeframes.

The Branch is responding as quickly as possible to assess all applications, while still ensuring that proper process and due diligence is undertaken. The continued patience of applicants during this time is greatly appreciated.

Fermented​​ and brewed soft drinks

Fermented and brewed soft drink products are a popular alternative to alcoholic beverages. Some of these drinks have been found to contain low levels of alcohol. The Fermented and brewed soft drink fact sheet provides information about retailer considerations, public health risks and the Tasmanian regulatory requirements.

Tasman​​ian Liquor and Gaming Commission 2019-20 Annual Report

The Tasmanian Liquor and Gaming Commission 2019-20 Annual Report was released in November and is available on the Liquor and Gaming website here.  

​​REGULATORY NEWS

CCTV surv​​eillance - reminder

Now that many businesses have reopened or are in the process of reopening, it is important to ensure your CCTV surveillance has been turned back on and is compliant with the relevant standards.

Gaming venues

All gaming machine and/or keno premises as well as premises that offer totalizator wagering, sports betting or race wagering facilities should have installed CCTV surveillance equipment that is turned on and meets the minimum specification set out in the Surveillanc​e Standard Gaming & Wagering Premises.

Remember, it is the licenced premises gaming licence holder who is responsible for ensuring the standards are met in relation to keno and gaming machine operations on the premises. A totalizator agent is responsible for ensuring the Surveillance Standards are met in relation to totalizator wagering, sports betting or race wagering operations on the premises.

Licenced premises

All licenced premises that have a licence or permit condition which requires CCTV systems to be in place, must ensure the CCTV surveillance equipment is turned on and meets the minimum specification set out in the Technical Standards For Recorded Surveillance in Licenced Premises.

It is the responsibility of the licensee or permit holder to ensure that the CCTV system is in operation and recording whenever required by a liquor licence or liquor permit.​

If you require further information regarding CCTV surveillance standards, please contact the Liquor and Gaming Branch.

Responsible ​​service and alcohol promotion

With further easing of COVID‑19 restrictions particularly around standing and drinking alcohol in outdoor areas, liquor licensees and permit holders are reminded of the responsible service of alcohol requirements of the Liquor Licensing Act 1990. Alcohol must be sold and consumed in a way that supports responsible service and consumption principles.

All staff must hold a Responsible Service of Alcohol (RSA) certification from an approved Registered Training Organisation, and advertising or promotion that is likely to encourage irresponsible consumption of alcohol (such as to celebrate COVID restrictions relaxing) can be banned or restricted.

Read more about undesirable advertising and how to reduce the risk of promotions at www.treasury.tas.gov.au/liquor-and-gaming/liquor

​​DISCIPLINARY ACTIONS

Disciplinary actio​​ns taken by the Tasmanian Liquor and Gaming Commission July 2020 – October 2020

Licence holderSection of ActBreachOutcome

Australian National Hotels Pty Ltd

(Wrest Point Hotel Casino)

98
Allowed a gaming machine to be played whilst it did not function in the manner it was designed or programmed to functionFined $16 800

Mornington Inn Pty Ltd

(Mornington Inn)

50(2)Unlicensed person performing the functions of a special employeeFined $1 680

 

Disciplinary action tak​​en by the Commissioner for Licensing July 2020 – October 2020

Licence holderSection of ActBreachOutcome

Qingxiang Meng

(Superstar Karaoke & Restaurant)

99(a)The licensee has contravened a provision of the Liquor Licensing Act 1990 (Sections 5, 25B(2), 65(1), 82)Licence suspended for three days

View decisions by the Commissioner for Licensing.

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