QHA_April_Digital

LEGAL MATTERS with Curt Schatz
LOOKING TO EXTEND YOUR VENUE’S TRADING HOURS?
QHA REVIEW | 42
As 2023 gets underway, you may be considering the
different functions that you are wanting to hold through
the year. Your licensed venue is subject to specific
trading hours under the Liquor Act 1992, which you
may need to consider extending for certain events.
Extensions to trading hours can be sought on either a
temporary (one-off) or permanent (ongoing) basis.
Temporary (one-off) extended trading hours
For one-off events that occur throughout the year,
temporary one-off extended trading hours permits
may be obtained from the OLGR. These events may
include New Year’s Eve, Australia Day and large
sporting or cultural events. For these kinds of events,
the temporary one-off extended trading hours permits
may be obtained to allow a licensed hotel to sell liquor
before 10am, or between 12am and 5am.
The Office of Liquor and Gaming Regulation (OLGR)
will approve a maximum of:
• 4 pre-10am trading permits in any 1-year period; and
• 6 late night trading permits between 12am to 5am
in a 1-year period.
Applications for a temporary extended trading hours
permit must be made at least 21 days before the
event. Each of the late-night trading permits cannot
be for more than 1 date in a calendar month. An
exception may be made if there is a special occasion
which runs over 2 or more consecutive days, however
each consecutive day will still count as a separate
permit (i.e. not one rolling permit).
Permits for late night trading will also only be approved
if sought for a ‘special occasion’ which is defined as:
• a unique or infrequent special public event of local,
state or national significance (for example, local
music festival or a televised international sporting
match involving an Australian team); or
• a private function closed to the public, such as a
wedding or birthday.
If you need assistance in determining if you proposed
date is a special occasion, please get in contact with
me and we can assist.
Permanent (ongoing) extended trading hours
If you are planning events which may require your
business to operate later trading hours than you
currently have, you may consider applying for
permanent extended trading hours. The OLGR may
approve your venue for extended liquor trading hours
between 12am to 2am where it is located outside of
a safe night precinct, and 12am to 3am for premises
located within a safe night precinct.
The gaming operations at your venue may be
approved for maximum trading hours up to two hours
after the liquor operation ceases. If you are not sure
whether your venue is located in a safe night precinct,
the precinct maps can be found at business.qld.gov.au.
To obtain approval for the permanent liquor extended
trading hours after 12am, the OLGR will require that
a Community Impact Statement is lodged to assess
the impact from the grant of the application. For the
gaming extended trading hours, the OLGR will require
the applicant to evidence that there is a demand for
the proposed extended trading hours.
If you are planning any early morning functions, you
may seek approval from the OLGR to permanently
extend the trading hours of your venue pre-10am.
However, this is not usually approved on a permanent
basis for commercial hotels, other than for the
operation of any on-site or detached bottle shop.
To obtain approval for the pre-10am trading hours,
the applicant must be able to show a demonstrated
community need for this trading. Relevant
considerations may include the location of the licensed
premises and the increase in population in that area.
Benefits of extended trading hours
There may be various benefits for your business
in obtaining approval for extended trading hours,
depending on the unique circumstances of your
operations. Generally, temporary one-off extended
trading hours permits would be beneficial where
you intend to provide services on special occasions
throughout the year, such as for New Year’s Eve,
memorable sporting events or nationally renowned
holidays. It will also allow your business to capitalise
on specific events and attract more customers by
servicing demand during peak times.
Permanent extended trading hours can provide your
business with more flexibility to service the demand
from patrons, in turn contributing towards the revenue
of your business. It may also allow your venue to have
a competitive advantage and cater to a more diverse
market, including shift workers and international
tourists.
If you are considering extending your licensed trading
hours to take advantage of increased business or
have a specific event which requires extended trading
hours, and you require assistance with the application
process, please do not hesitate to contact me on
07 3224 0230.