QHA representations have resulted in positive changes to the application criteria required for one-off late-night extended trading permits. These changes are reflected in a new Office of Liquor and Gaming Regulation (OLGR) Guideline.
Background
The Government’s implementation of the Tackling Alcohol-Fuelled Violence Policy in July 2016 included changes to the application criteria for One-off Extended Trading Hours Permits (XHPs) applications.
Under that legislation:
- the number of late-night XHPs per year was reduced from 12 to 6.
And a post-midnight permit would only be granted:
- for a special occasion
- by persons independent of the licensee, and
- for a reasonable time before or after when the special occasion is happening.
The (new) Guideline 68: Late-night extended hours permit
Public events accepted as special occasions
To provide transparency to industry, eligible licensees will not need to give evidence demonstrating how the following categories of special public events constitute a special occasion for the purposes of seeking extended trading hours. Examples are provided for reference, and are not intended to be exhaustive in nature:
- Public holidays
- Stadium and outdoor music festivals and concerts
- National, international and other significant sporting events
- Significant cultural or religious events
- Significant art, music or community events
- Regional shows, celebrations or annual rodeos
Persons who are considered as independent of the licensee
Any event held for the benefit of the licensee's customers will be considered as sufficiently independent from the licensee. This means licensees are not required to submit evidence demonstrating the independence of the person(s) wishing to celebrate the special occasion at their venue.
Reasonable time before and after the special occasion
For public holidays, the eve of a public holiday (from midnight) and the morning after the public holiday are considered as occurring during a reasonable time before and after the special occasion.
For other special occasions, 'reasonable time' can be considered as including any time after an event (e.g. a stadium concert or a professional sporting event) that concludes at 8.30pm or later, as well as any related after-parties, award ceremonies or similar events hosted by a licensed premises.
Existing approval process
The existing assessment process will not change with all applications to be lodged with the OLGR for approval less than 21 days before the event or they will not be processed. Applications continue to require endorsement by the local appropriate Queensland Police Service.
