QHA_August-2021-Digital

INDUSTRY ENGAGEMENT
with Damian Steele
LIQUOR ACT DEFINITIONS AND COMMON TERMS
QHA REVIEW | 44
Listed below are definitions of some common terms
used in the Liquor Act 1992 which QHA members
frequently seek clarification on regarding the
application to their trading activities and licencing
opportunities.
Fit and proper person
For a range of applications, an applicant is judged to
be a ‘fit and proper person’ if they:
• are not a declared bankrupt
• have had no major convictions within the last 5
years
• have had no substantial convictions against the
Liquor Act 1992
• have a good reputation, and do not have a
history of behaviour that would render the person
unsuitable to hold a licence or permit
• can demonstrate a responsible attitude to managing
and discharging their financial obligations.
Reasonably available
For approved managers, ‘reasonably available’ is
defined in the Liquor Act 1992 as:
• readily contactable by each person involved in the
service or supply of liquor at the premises
• taking no more than 1 hour for the licensee,
permittee or approved manager to travel from any
place to the premises.
Public place
A public place includes—
• any premises to which the public has access
as of right, or with the express or tacit consent,
or permission, of the owner or occupier of the
premises at the time material to the application of
the Act in respect of the premises; and
• any doorway, entrance or vestibule that gives
access to premises from a public place.
Premises may be a public place even if, at the material
time—
• access to the premises depends on payment of
a price for admittance or fulfilment of some other
condition; or
• no person is on, or seeking access to or from, the
premises.
Function
A function is an event or occasion:
• to which persons are invited by or on behalf of its
organiser
• that happens in premises hired for the purpose by
the organiser.
It does not include:
• an event or occasion organised by the owner
or licensee of the premises in which the event
or occasion happens for his or her own benefit,
solely or partially (e.g. a promotional event for the
premises)
• an event or occasion organised by another person
where the owner or licensee of the premises
receives a benefit (i.e. a benefit other than a charge
for using the premises and providing catering
facilities).
Private event
A private event is an event or occasion held at
premises other than the main licensed premises that:
• is not publicly advertised or is not open to the
public or casual attendance
• is restricted by personal invitation of the function’s
host
• does not involve paying a fee for admission or for
entertainment or services provided at the event or
occasion.
Examples include weddings, anniversary parties and
21st birthday parties.
Public event
A public event is an event or occasion held at premises
other than the licensee’s main premises that is not a
private event; for example, a football game or concert.