Liquor and Gaming News - August 2019

​​​​QUICK CLICKS

NEW Land Information System Tasmania (LIST) Map - Gambling and Liquor licence data now available from the Liquor and Gaming Branch website

The data is provided by the Tasmanian Liquor and Gaming Commission and is updated regularly on the Branch website. Information is presented as an aggregate view of the State, detailing different types of licences currently active in Tasmania.

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

 

​​ADMINISTRATIVE ALERTS

​​​Liquor and gaming fees increase from 1 July 2019

Liquor and gaming fees for the period 1 July 2019 to 30 June 2020 have increased in accordance with the Consumer Price Index and were gazetted as required by the Fees Unit Act 1997. The fee schedules may be viewed at the following links:

·Liquor Fees

·Gaming Fees

The Penalty Fee Unit has increased for the period 1 July 2019 to 30 June 2020. Under the legislation, the dollar value of one penalty unit is $168 (as at 1 July 2019).

​​Suspension or cancellation of liquor licences

Reminder! Annual liquor licence fees are required to be paid by licensees by 31 March each year. Annual fees that have not yet been paid have now incurred an additional fee of 10 per cent of the amount payable.

If you have not yet paid your licence fee please do so immediately, failure to make payment may result in the suspension or cancellation of your liquor licence. ​ 

​​Notifying the Regulator of Changes

To avoid missing liquor or gambling notifications, licence renewals or invoices, it is important to ensure your contact details are kept up to date. If you hold a current licence or permit issued under the Liquor Licence Act 1990, and/or issued under the Gaming Control Act 1993, you must notify the relevant regulator within 14 days of any of the following events taking place:

Liquor Licensing (Section 49 Notice)

1.        Change of name of the licensee or permit holder, or any of their associates.

2.        Change of postal address, registered office address, telephone number, or email address of the licensee or permit holder.

3.        Change of postal address, telephone number, or email address of any associates of the licensee or permit holder.

4.        Addition of a person who has become an associate of the licensee or permit holder.

5.        The licensee or permit holder is found guilty of an offence (excluding traffic offences for which the maximum penalty is limited to a fine only) in Tasmania or any other jurisdiction, whether or not a conviction is recorded.

6.        An associate of the licensee or permit holder is found guilty of an offence (excluding traffic offences for which the maximum penalty is limited to a fine only) in Tasmania or any other jurisdiction, whether or not a conviction is recorded.

7.        The licensee or permit holder, or any of their associates becomes a bankrupt or enters into an arrangement or composition with the associate's or person's creditors under the Bankruptcy Act 1966.

Gambling Licensing (Section 161 Notice)

1.        Removal of a person who was an associate or addition of a person who has become an associate of the licence holder or person listed on the Roll (manufacturers/suppliers/testers).

2.        Change of name of the licence holder or person listed on the Roll, or any of their associates.

3.        Change of postal address, registered office address, telephone number or email address of the licence holder or person listed on the Roll.

4.        Change of details of the nominated contact person for receipt of notices or correspondence from the Commission.

5.        Change of residential or postal address, telephone number or email address of an associate of the licence holder or person listed on the Roll.

6.         Change in corporate structure of the licence holder or a person listed on the Roll.

7.        The charge or conviction with any offence (excluding traffic offences for which the maximum penalty is limited to a fine only) in Tasmania or any other jurisdiction of the licence holder or person listed on the Roll or any of their associates.

8.        The disqualification of a director of the licence holder or person listed on the Roll under any provision of current or previous Corporations Law (or overseas equivalent).

9.        The grant or refusal of a licence, or the taking of disciplinary action, by any other gambling regulatory authority of the licence holder or person listed on the Roll, or any of their associates.

10.     The licence holder or person listed on the Roll or any of their associates becomes a bankrupt or enters into an arrangement or composition with the associate's or person's creditors under the Bankruptcy Act 1966.

Please be sure to immediately notify the Branch if any of the events outlined above have taken place (email: licensing@treasury.tas.gov.au, or phone (03) 6166 4040 (Hobart) or (03) 6777 2777 (Launceston).

For further information including the definition of an associate, refer to the fact sheet: Notifying the Commissioner of a change in situation.

​​REGULATORY NEWS

​​Amendment to the Responsible Gambling Code: EFTPOS cash withdrawal limits

The Tasmanian Liquor and Gaming Commission has amended the EFTPOS cash withdrawal limits for hotels and clubs under the Responsible Gambling Mandatory Code of Practice for Tasmania.

Following consideration of several unintended consequences experienced by venue operators since the $100 EFTPOS limits commenced in May 2018, the Commission has replaced the previous EFTPOS limits with a new requirement restricting EFTPOS cash withdrawals to one transaction, per customer, per day up to a maximum of $200 for any purpose. Bottle shops remain exempt from this requirement and customers who reach the withdrawal limit in the venue must not be encouraged in any way to access the bottle shop for further cash withdrawals.

The EFTPOS amendment will continue to provide a safeguard to excessive gambling by placing a firm limit on access to cash. The amendment took effect on 1 June 2019.

​​Implementation of the National Consumer Protection Framework for Online Wagering

The National Consumer Protection Framework commenced on 26 November 2018 and will be implemented by all Australian jurisdictions over an 18 month period.

The Framework is targeted at online wagering in Australia and will provide stronger consumer protections. The first six measures have been implemented either through amendment to Commonwealth legislation or amendments to Tasmania's regulatory framework. The measures are as follows:

1.        Prohibition of lines of credit being offered by wagering providers

2.        Prohibition of links between payday lenders and online wagering providers

3.        Reducing the customer verification timeframe to a maximum of 14 days for customers opening a wagering account

4.        Restrictions on inducements

5.        Account closure information must be clearly articulated and consideration will be given to ensure the process is simple

6.        Voluntary opt-out pre-commitment scheme for online wagering

7.        Provision of activity statements

8.        Consistent gambling messaging

9.        Staff training in the responsible conduct of gambling

10.     National self-exclusion register for online wagering

Implementation of measures seven to 10 are scheduled to be completed by 26 July 2020.

​​Wholesale sales liquor licensing data - new reporting requirements

The requirement for Tasmanian liquor wholesalers or producers to report wholesale liquor sales data each year has commenced.

Wholesale data is considered to be effective in estimating the per capita consumption of alcohol to inform alcohol harm minimisation strategies, as well as health and police service delivery. National reporting of 'de‑identified' data has been coordinated and published by the National Drug Research Institute since 2009.

The Branch has contacted relevant licence holders (comprising wineries, brewers, distillers, distributors and online sellers) advising them of the new requirement and has developed an online system for the provision of the data.

Further information on wholesale liquor sales data requirements is available on the Liquor and Gaming website here.

​​CCTV Surveillance Standards

New CCTV surveillance requirements are now in effect for any new Out of Hours Permit issued for more than seven days, where the premises trades beyond 2am on any day. Existing permits issued that do not have these new conditions were reissued on 1 July 2019 to take immediate effect.

The new surveillance standards and general guidance on digital surveillance equipment can be found online here.

​​ATTENTION SPORTING CLUBS IN TASMANIA – A reminder of your duty of care to your members and players.

It is a requirement for all sporting clubs who require a liquor permit to register with Good Sports.

For almost 20 years, the Good Sports program has been supporting sporting clubs to create and maintain a thriving, inclusive and family-friendly club. Being a Good Sports Club shows your club is committed to promoting a responsible attitude towards alcohol. A Good Sports Club is committed to providing a safe environment for players, members, families and supporters. Good Sports clubs are committed to promoting healthier, safer and more family-friendly environments by working together to prevent and minimise the harm caused by alcohol and other drugs.

As the winter sporting season is now fully upon us, the Good Sports team would like to remind all clubs of their duty of care when serving alcohol:

·          Provide tap water free of charge.

·          Have at least four non-alcoholic and one low alcohol option available.

·          Supply non-alcohol and low alcohol options at least 10% cheaper than full strength alcoholic drinks.

·          Provide substantial food when the bar is open for more than 90 minutes and more than 15 people are present.

·          Develop a responsible revenue generation strategy (which excludes alcohol-related promotions, discounted drink prices, all-you-can-drink functions and happy hours).

·          Avoid providing alcohol as awards/prizes to best players, thank-yous to volunteers or prizes in raffles.

Keep in mind that cheap drink promotions, including 'happy hours' and 'all-you-can-drink' promotions can encourage the rapid consumption of alcohol and present a risk to your commitment to providing a safe environment for everyone involved in your club. For more information, please visit goodsports.com.au.
 

​​RELATED NEWS

​​Save the Date - The annual National Association for Gambling Studies Inc. (NAGS) Conference will be held in Tasmania in December 2019

The 29th NAGS Annual Conference will be held in Hobart from 4 to 6 December 2019. NAGS is a leading forum on gambling and brings together academics, gambling counselling practitioners, government bodies, the gambling industry and gamblers from national and international destinations for debate and discussion on gambling related issues. The conference features informative and engaging speakers who are experts in their respective fields.

The overall aim of the conference is to explain and explore research and developments in regulatory practices, government policies, treatment and service delivery, community development and industry practices in order to share knowledge and expertise.

The theme for this year is 'INTERSECTIONS: Where new technologies inform traditional practice' and will focus on how new developments in technology are intersecting with existing land‑based products, services and interventions. The conference will also feature discussions on how older, more traditional forms of land-based gambling are experiencing a resurgence in new technological forms and how technology is being increasingly used in the prevention of gambling harm and the treatment of gambling.

The Conference Program is yet to be released. Further information as it comes to hand will be available here

​​​New Tasmanian Liquor and Gaming Commission member

The Branch is pleased to welcome Mr Andrew Walker as the newest Commission member, who commenced in May 2019. Andrew is a practising barrister from the Derwent & Tamar Chambers with an extensive legal background in commercial and administrative litigation. Andrew replaces Ms Leanne Topfer following Leanne's appointment as a Magistrate in the North West of Tasmania. 

​​DISCIPLINARY ACTIONS

​​Disciplinary actions taken by the Tasmanian Liquor and Gaming Commission November 2018 – June 2019

Licence holderSection of ActBreachOutcome
New Norfolk Hotels Pty Ltd & Zeecap (No 102) Pty Ltd (Black Stallion Hotel)50(2)Use of three unlicensed personsFined $1 630
Garich Pty Ltd (Moonah Hotel)92(2)Failure to provide CCTV surveillance footageLetter of Censure
Tasmanian Country Club Casino Pty Ltd (Country Club Casino)50(2)Unlicensed person performing the functions of a special employeeFined $3 260
Cecile Graham2.3.1Playing keno while on dutyLetter of Censure
David Marshall94(1)Extending credit Fined $815
David Marshall2.3.1Playing keno while on dutyFined $1 630
Garich Pty Ltd (Moonah Hotel)​​

92(2)Employee failed to complete a RCG course Fined $815
Peter Scollard (Welcome Stranger Hotel)92(2)Multiple EFTPOS transactions provided on the same dayFined $1 630
UBET TAS Pty Ltd92(2)Advertising did not contain a responsible gambling messageFined $9 780
Australian National Hotels Pty Ltd (Wrest Point Hotel Casino)137(4)Non-compliance with the requirements of the Internal Control and Accounting ManualLetter of Censure
Sheryl Williams2.3.1Playing keno while on dutyLetter of Censure
Sheryl Williams94(1)​
Extending creditSuspension of special employee's licence for one month
J & C Watson Pty Ltd (Midway Point Tavern)50(2)Unlicensed person performing the functions of a special employeeFined $1 630
EBC Leisure Limited (Olde Tudor Motor Inn)50(2)Unlicensed person performing the functions of a special employee Fined $1 630​

 

​​Disciplinary action taken by the Commissioner for Licensing November 2018 – June 2019

Licence holderSection of ActBreachOutcome
Terrence Bennett (Home Hill Wines)5Selling liquor when not authorised by a liquor licenceFined $815

 

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