Liquor Licensing – “Control the Controllables”
When advising clients and industry stakeholders in relation to compliance with the Liquor Control Reform Act 1998 (the Act) and their liquor licence the general theme of that advice is to take all their obligations seriously including “to control the controllables”.
Approximately 80% of Infringement Notices issued by Victoria Police or the Liquor Commission against Licensees relate to matters which are entirely within the control of the Licensee. These offences include not displaying the liquor licence in accordance with the Act, failure to retain Commission approved and endorsed Red Line plans on the premises and having them readily available for inspection, having the required signage displayed and compliance with authorised hours.
It is important that Licensees ensure compliance with all aspects of the Act and their licence but they should not be left exposed to disciplinary action where the relevant matters are purely administrative and/or practical. This is in contrast to the more problematic compliance issues such as the supply of liquor to an intoxicated patron or having a drunk patron on the premises.
It is my strong advice that all Licensees undertake a regular audit of their liquor licensing arrangements to ensure:
- The liquor licence is displayed in a prominent position that can be clearly read by members of the public.
- The currently approved and endorsed Red Line plans are available on the premises and can be located if requested by representatives of the Commission or Victoria Police. Having the plans on the premises but with them locked in a draw or office and not accessible will be a breach.
- All required signage is displayed and ensuring that the signage is current and up to date.
- Ensuring compliance with authorised hours and patron numbers at all times
It is my recommendation that all staff be provided with a copy of the liquor licence as part of the induction of new staff members and they be required to sign to acknowledge they have read and understood the licence and the obligations of the Licensee. This should be coupled with ongoing training for management and staff.
It is also important for a Licensee to be aware of all conditions of their Planning Permit. Under the Act, a Planning Permit overrides the conditions of the liquor licence and should be available and fully understood.
Licensees should have an appropriate protocol in place that in the event an Infringement Notice issues. The Notice should be forwarded to a director of the Licensee company or the owner (where an individual) or club management to ensure that the Infringement Notice is fully considered including whether it is appropriate to defend the allegation.
Wisewould Mahony can assist with all aspects of Liquor Licensing and would be happy to discuss any Liquor Licensing or related matter with you. Please contact Diana Ting for assistance.
