Hospitality Review December 2018

ARTICLE LIQUOR AND GAMING

As we enter the festive season , I would like to remind readers to examine your trading needs and if necessary, apply for an out-of-hours permit or extension of an existing out-of-hours permit before December 10, 2018. For those premises holding a general, on- licence or club licence, authorised opening hours have been extended for Christmas Eve and New Year’s Eve. Details of this information is available on our website. While the Branch will be closing at 4pm on December 21, 2018 and re-opening on January 2, 2019, 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. I would like to remind licensees of the requirement to notify the Commissioner for Licensing if you will be away for more than 14 days. Notification must be in writing (or email to licensing@treasury. tas.gov.au) and specify the length of absence and details of the person left in charge. Recently, there have been queries raised over whether licensed premises are trading within designated council planning permits and conditions. For clarification, liquor licences and permits do not override planning permits issued by councils so please check that council requirements relating to your premise are in order and ensure that you trade in accordance with those requirements. One of the changes to the Liquor Licensing Act 1990 that took effect in 2016 related to the sale of liquor through the internet or other media. The Branch wrote to all licensees in mid July 2017, following an audit showing that a number of licensees selling liquor over the internet were not meeting the requirements of the legislation. A Fact Sheet was provided to licensees to help in complying with the legislation and is available on our website under or through the link below. https://www.treasury.tas.gov.au/Documents/ SaleofliquorthroughtheInternetorothermedia.pdf

be delivered to an adult or in accordance with the purchaser’s instructions (excluding acceptance by a person under 18 years of age). Licensees who sell liquor online are strongly encouraged to review and address their compliance as a priority as a further audits will be conducted and non-compliance may result in disciplinary action. The Branch has reviewed record keeping requirements relating to Responsible Service of Alcohol and Responsible Conduct of Gambling. The requirement for licensees or licence holders to maintain a physical register has been removed and this information can now be stored electronically. Licensees must be able to produce RSA certificates or evidence of RSA enrolment when required. Details of the new record keeping requirements have been provided to licence holders by the Branch and additional information is provided on the Liquor and Gaming website. The final transitional changes following the review of the Responsible Gambling Mandatory Code of Practice for Tasmania took effect on November 1, 2018 . Consequential changes have been made to the associated Tasmanian Liquor and Gaming Commission Rules. One of the more significant measures related to the location of coin change machines, which are now required to be located in line of sight of main staffed areas of the licensed venue and in the position approved by the Commission. These areas will typically include bars and cashier areas, but are not limited to these examples. The key principle is that these areas must be regularly staffed to routinely monitor patron expenditure patterns and effectively observe situations that may require intervention. Following approval by the Commission, the locations of coin change machines will be subject to an on site inspection by the Branch to complete the approval process. This will be undertaken as part of the normal audit program and will confirm whether the location is adequate or whether a more suitable location is required. Should you have any queries or require further information regarding suitable locations for coin change machines in your venue, please contact the Branch on (03) 6166 4040 or email gaming@treasury.tas. gov.au. On behalf of the Liquor and Gaming Branch, I wish all readers a happy and successful festive season.

December 2018 www.tha.asn.au

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