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OLGR<br />
with Michael Sarquis<br />
COOKTOWN LICENSEE FINED FOR SERVING<br />
UNDULY-INTOXICATED PATRON<br />
<strong>QHA</strong> REVIEW | 40<br />
The licensee of the Cooktown Hotel, Bentomax<br />
Investments Pty Ltd, the approved manager on duty<br />
and a bar attendant have all been fined for either<br />
supplying and/or allowing liquor to be supplied to and<br />
consumed by a patron who was unduly-intoxicated.<br />
This serves as a warning for all licensees and venue<br />
staff to know the laws around responsible service of<br />
alcohol.<br />
Two OLGR compliance officers visited Cooktown for<br />
a covert compliance operation in September 2017.<br />
The officers observed staff supply alcohol to the man<br />
whose speech, balance and behaviour were noticeably<br />
affected by the consumption of alcohol.<br />
Despite clear evidence that the patron was unduly<br />
intoxicated, the bartender supplied him with alcohol.<br />
The approved manager, who was also the director<br />
of the licensee company, was also at the bar and did<br />
nothing to intervene.<br />
All parties plead guilty in the Cooktown Magistrates<br />
Court for breaching section 156 of Liquor Act 1992.<br />
The bar attendant was placed on a $500 good<br />
behaviour bond with the approved manager and<br />
licensee fined $1500 each.<br />
We work closely with licensees to identify and manage<br />
issues of non-compliance but in this instance were left<br />
with no choice but to take enforcement action due to<br />
the seriousness of the matter.<br />
The licensee has shown a disregard for the safety<br />
of his patrons and staff by not ensuring responsible<br />
service of alcohol practices are adhered to. This<br />
prosecution sends a clear message to industry that<br />
this kind of behaviour is not tolerated.<br />
We offer a range of free online refresher training<br />
packages for licensees and staff to help remind them<br />
of their obligations. Further information can be found at<br />
www.business.qld.gov.au/liquor-gaming.<br />
APPLYING FOR EXTENDED TRADING<br />
HOURS THIS FESTIVE SEASON<br />
Do you want to extend your venues trading hours over<br />
the festive season? As the silly season draws closer,<br />
it’s handy to know the process to apply for one-off<br />
extended trading hours.<br />
You can apply for one-off extended trading hours for:<br />
• Four dates in any twelve-month period for pre-10am<br />
trading.<br />
• Six dates in a calendar year for trading between 12<br />
midnight and 5am.<br />
Applications for an extended hours’ permit must be<br />
made at least 21 days before the day of the event.<br />
Any applications lodged within that timeframe won’t<br />
be processed unless the application has police<br />
endorsement, including agreement as to any proposed<br />
conditions.<br />
Applications for post-midnight extended hours trading<br />
permits can be approved by the Commissioner,<br />
providing they meet certain criteria, including:<br />
• That persons other than the licensee or owner of<br />
the licensed premises wish to celebrate a ‘special<br />
occasion’.<br />
• A ‘special occasion’ is defined as a ‘special public<br />
event’, or an event such as a wedding, birthday<br />
or other private occasion being celebrated that is<br />
not open to the public. A ‘special public event’ is<br />
further defined as a unique or infrequent event of<br />
local, state or national significance.<br />
The permit will only be granted for the period of the<br />
special occasion and for a reasonable time before and<br />
after the occasion.