Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015

Introduced: 12/11/2015By: Hon Y D'Ath MPStatus: PASSED with amendment

Safety & Emergency Health Justice & Rights Business & Economy

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Plain English Summary

This is an omnibus bill covering multiple policy areas.

Overview

This bill targets alcohol-fuelled violence by cutting late-night liquor trading hours, banning rapid intoxication drinks after midnight, and stopping new extended trading approvals for takeaway alcohol. It also reforms drug and alcohol bail conditions to focus on treatment instead of punishment, and tidies up a range of liquor rules covering craft beer, community clubs, bed and breakfasts and car park events.

Who it affects

Late-night patrons, venue operators, bottle shops, craft brewers, police and people on bail for drug or alcohol related offences are most affected. Existing venue approvals to trade past 2am (or 3am in safe night precincts) are wound back from 1 July 2016 without compensation.

Late-night trading wound back to 2am (3am in safe night precincts)

From 1 July 2016, regular liquor service ends at 2am across Queensland. Venues inside a government-approved 'safe night precinct' can trade until 3am but cannot let new patrons in after 1am. Casinos and airports are exempt.

Regular trading hours capped at 2am state-wide from 1 July 2016
Approved 'safe night precincts' can trade to 3am with a 1am lock-out
Existing 3am-5am approvals automatically wound back, with no compensation
Venues can still stay open after last drinks to serve food and non-alcoholic drinks

Ban on rapid intoxication drinks after midnight

Drinks designed to be consumed rapidly or with very high alcohol content cannot be sold between midnight and 5am. Small premium spirits bars seating no more than 60 people can apply for an exemption.

Shots, bombs and similar drinks banned from midnight to 5am, with a 100 penalty unit fine for breaches
Exemption available only for premium spirits bars seating 60 or fewer patrons
Specific drinks and 'premium spirits' defined later by regulation

No new late-night takeaway alcohol approvals

From 10 November 2015, no new applications to extend bottle shop trading hours to between 10pm and midnight will be accepted, and any applications already on hand lapse. Existing approvals continue.

Pending applications for 10pm-midnight takeaway trading lapse on 10 November 2015
Court and tribunal appeals about those applications end
No compensation payable

Bail and sentencing: drug and alcohol programs

Completion of a Drug and Alcohol Assessment Referral (DAAR) course is no longer mandatory on bail and failing a rehabilitation bail condition is no longer a criminal offence. Sentencing courts can add a DAAR condition only with the offender's consent.

DAAR bail condition becomes discretionary, limited to cases where a court grants bail
No longer a criminal offence to breach a therapeutic bail condition (rehabilitation or DAAR)
Sentencing courts can impose a DAAR condition under section 19 of the Penalties and Sentences Act with consent
Drug assessment sessions no longer required to be one-on-one

Police powers, evidence and investigators

All police officers are treated as investigators under the Liquor Act, breath alcohol readings taken during assault investigations can be used in Liquor Act prosecutions, and saliva exhibits are handled like blood and urine.

All police officers automatically deemed investigators for the Liquor Act
Investigators can require documents (including CCTV, rosters) by written notice
Breath alcohol results admissible in Liquor Act proceedings
Saliva specimens exempt from standard exhibit-return rules under the Police Powers and Responsibilities Act

Craft beer permits and operational tweaks

Creates a new craft beer producer permit so small brewers can sell and sample beer at farmers markets, food festivals and similar events. Other tweaks include larger B&Bs, expanded community club takeaway and a tighter process for car park events.

Craft brewers producing under 5 million litres a year can sell at promotional events (9 litres per person limit)
Bed and breakfast exemption increased from 6 to 8 adult guests
Community clubs can sell takeaway liquor to signed-in guests and visitors
Car park events need a fresh approval each time, overriding any existing licence condition
Taking liquor into or from a commercial public event or community liquor permit venue is a new offence (25 penalty units)

Directors' liability under Fair Trading Act

Repeals section 96 of the Fair Trading Act so executive officer liability aligns with Queensland-wide and national policy. The change has no direct consumer impact.

Section 96 of the Fair Trading Act 1989 repealed
Aligns director liability with the Directors' Liability Reform Amendment Act 2013

How this affects you

Safety & Emergency

•Last drinks are called at 2am across Queensland, or 3am in an approved 'safe night precinct' with a 1am lock-outClause 29; Clause 38From 1 July 2016 regular liquor trading ends at 2am (3am in approved 3am safe night precincts) and a 1am lock-out applies in those precincts.
•You cannot buy shots, bombs or other rapid-intoxication drinks anywhere in the state between midnight and 5amClause 49 (new s 155AI)New section 155AI prohibits the sale or supply of rapid intoxication drinks during the restricted period, with a maximum penalty of 100 penalty units.
•Police can use a breath alcohol reading taken at an assault scene as evidence in Liquor Act cases against the venueClause 61Section 233 (Evidentiary provisions) is amended so a certificate of alcohol concentration from an assault investigation is admissible in Liquor Act proceedings.
•Local boards in 'safe night precincts' help decide whether their area keeps 3am trading, and can ask for it to be wound back to 2amClause 54 (new ss 173P-173Q)The Minister must consult the local board before recommending a 3am safe night precinct is prescribed or revoked by regulation.

Health

•Emergency departments and paramedics should see fewer late-night assault and alcohol injuries because venues close earlierExplanatory NotesResearch cited indicates an average 20% decrease in assaults for every one hour reduction in liquor trading hours.
•If you are on bail for an offence linked to drugs or alcohol, you no longer automatically face a mandatory assessment course and you cannot be charged with a crime for failing to finish oneClauses 5 and 8New section 11AB makes the DAAR bail condition discretionary, and section 29 is amended so breaches of therapeutic bail conditions are no longer offences.
•Sentencing courts can order a Drug and Alcohol Assessment Referral course as part of your sentence, but only if you consentClause 70 (new s 19(2B))New subsection (2B) of the Penalties and Sentences Act lets a court impose a DAAR condition if the offender consents.
•Small premium spirits bars (60 seats or fewer) can apply to keep serving rapid intoxication drinks after midnight if they meet strict criteriaClause 49 (new s 155AK)The Commissioner may grant an exemption only where the premises is primarily used for premium spirits, seats no more than 60 patrons, and will not harm public health, safety or amenity.

Justice & Rights

•Failing a rehabilitation or drug and alcohol course set as a bail condition is no longer a criminal offenceClause 8Section 29 of the Bail Act is amended so breach of a condition imposed under section 11(9) or 11AB is not an offence.
•Drug and alcohol assessment sessions no longer have to be delivered one-on-one, so more flexible group formats are allowedClause 69(2)The definition of 'drug assessment and education session' in section 15B of the Penalties and Sentences Act is amended to remove the one-on-one requirement.
•Every police officer is automatically an investigator for Liquor Act purposes, so officers no longer need to carry a delegationClause 18(3)Section 4 definition of 'investigator' is amended to include any police officer.
•Decisions to refuse or revoke a rapid intoxication drink exemption can be reviewed by QCATClause 23Section 21 of the Liquor Act is amended so tribunal review applies to decisions to refuse, vary or revoke an exemption under section 155AK or 155AP.

Business & Economy

•If your venue holds a post-2am trading approval it is wound back to 2am (or 3am in a safe night precinct) from 1 July 2016, with no compensationClause 62 (new ss 332, 337)Existing extended trading hours approvals are cut back and no compensation is payable by the State.
•Bottle shops cannot get a new approval to sell takeaway liquor between 10pm and midnight; any pending application lapsed on 10 November 2015Clause 62 (new ss 333-335)Extended trading hours applications for takeaway liquor made during the retrospectivity period are of no effect and related court proceedings end.
•Craft breweries producing under 5 million litres a year can sell and sample their beer at farmers markets and food festivals (up to 9 litres per customer)Clauses 24, 25 and 32New section 74A and new Part 4A Division 8 let producer/wholesaler licensees and craft beer producer permit holders sell and supply craft beer at promotional events.
•Bed and breakfasts can host up to 8 adult guests (up from 6) and still be exempt from needing a liquor licenceClause 22(4)Section 14B is amended to increase the maximum from 6 to 8 adult guests for the B&B liquor licence exemption.

Bill Journey

Introduced12 Nov 2015

First Reading

Committee

Committee Report8 Feb 2016

Committee report tabled

Second Reading

In Detail

Third Reading

Royal Assent4 Mar 2016

Referenced Entities

Sectors Affected

Public Health Criminal Law Policing Hospitality Liquor

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