1Objectives

The objectives of these Regulations are—

(a)

to prescribe substances for the purposes of the definition of liquor in section 3(1) of the Act; and

(b)

to prescribe types of liquor that butchers may supply for the purposes of section 6D(1)(c) of the Act; and

(c)

to prescribe—

(i)

the particulars that are to be included in an application for the grant, variation, transfer or relocation of a licence or BYO permit; and

(ii)

the information that is to accompany an application for the grant, variation, transfer or relocation of a licence or BYO permit; and

(iii)

fees payable under the Act; and

(iv)

variations of licences and BYO permits that are not required to comply with the requirements set out in sections 33, 34 and 35 of the Act unless required by the Commission; and

(v)

conditions that apply in relation to live music events that are held at licensed premises or authorised premises and at which a person under the age of 18 may be present; and

(d)

to establish minimum standards for security cameras; and

(e)

to prescribe closure and evacuation notice requirements; and

(f)

to prescribe barring order requirements; and

(g)

to prescribe criteria for the purposes of section 22(2A) of the Act.

2Authorising provision

These Regulations are made under section 180 of the Liquor Control Reform Act 1998.

3Commencement

These Regulations come into operation on 29 July 2023.

4Revocations

The following Regulations are revoked—

(a)

the Liquor Control Reform Interim Regulations 2022^{^[1]};

(b)

the Liquor Control Reform Amendment Regulations 2022^{^[2]}.

5Definitions

In these Regulations—

crowd controller has the same meaning as in the Private Security Act 2004;

demerit point means a point recorded in the Register against a licence or permit under Part 4A of the Act;

five star rating scheme means the administrative system established for the purposes of recording demerit points, calculating renewal fees and publishing star ratings based on the compliance history of a licensee or permittee;

function room means an area of a licensed premises specified on a licence to be a function room set aside at all times for the exclusive use of persons who have booked a function to be held in that area and which is attended only by those persons or their guests;

identification, in relation to an image of a person, means an image that is of sufficient clarity to enable the person's identity to be established with a high degree of certainty;

licensed crowd controller means a person who holds, under the Private Security Act 2004, a private security individual operator licence that authorises that person to act as a crowd controller;

non‑compliance history period means the period from 1 October 4 years preceding the year in respect of which the renewal fee is payable until 30 September 2 years preceding the year in respect of which the renewal fee is payable;

open format means a published specification for storing digital data that is free of legal restrictions on its use and able to be implemented by both proprietary and free or open source software (such as a bitmap, jpg or tiff file);

proprietary format means a file format that is covered by a patent or copyright and is able to be implemented only by proprietary software;

relevant period means the period from 1 October in the year 2 years preceding the year in respect of which the renewal fee is payable to 30 September in the year preceding the year in respect of which the renewal fee is payable;

risk criteria means the factors taken into account when calculating a risk fee in accordance with regulation 26, 27, 28, 29, 30 or 31 (as the case requires);

regional or remote area means a locality specified in Column 1 of Schedule 6 with the corresponding postcode specified in Column 2 in relation to that locality;

stored images means the electronic files exported from a digital video recorder to a storage device;

the Act means the Liquor Control Reform Act 1998;

venue capacity, in relation to a licensed premises, means the venue capacity of the licensed premises as calculated in accordance with regulation 21 or 22;

video recorder means a digital video recorder that records video images from a security camera.

6Prescribed substances for the purposes of the definition of liquor

For the purposes of the definition of liquor in section 3(1) of the Act, the following are prescribed substances—

(a)

an alcohol‑based food essence supplied by retail that is packaged—

(i)

in the case of vanilla essence (whether natural or imitation)—in a container of more than 100 millilitres capacity; or

(ii)

in any other case—in a container of more than 50 millilitres capacity;

(b)

a food preparation that is intended for consumption in a frozen form;

(c)

vapour that would, as a liquid, be a beverage considered liquor for the purposes of the Act;

(d)

a dry, soluble, concentrated substance, including powders, crystals, capsules or tablets, that is designed for retail supply and that would, when mixed with liquid, be considered liquor for the purposes of the Act.

7Prescribed types of liquor that butchers may supply

For the purposes of section 6D(1)(c) of the Act, the following are prescribed types of liquor—

(a)

any type of beer;

(b)

any type of wine;

(c)

any type of cider;

(d)

any type of mead.

8Standards for security cameras and video recorders

(1)

For the purposes of section 18B of the Act, security cameras on licensed premises must record continuously at a minimum rate of 8 frames per second.

(2)

For the purposes of section 18B of the Act, a video recorder on licensed premises must record at least 8 images per second for each security camera connected to the video recorder.

9Standards for quality of stored images

For the purposes of section 18B of the Act, stored images exported from a video recorder must—

(a)

display the correct time and date stamp of the security camera; and

(b)

identify the security camera number or the location of the camera; and

(c)

in the case of any still image exported from a video recorder on the licensed premises, be of adequate quality and detail to enable identification of a person; and

(d)

be in an open format whether or not the recorder can produce exported images in a proprietary format.

10Criteria for determining whether an area is a tourist area

For the purposes of section 22(2A)(a) of the Act, the prescribed criteria that the Commission must have regard to when determining whether an area is a tourist area are—

(a)

the remoteness of the area; and

(b)

whether any government publications or websites suggest that the area is considered to be a tourist area; and

(c)

whether there are any tourist attractions located in the area; and

(d)

whether there are any strategic plans in place relating to tourism for the region in which the area is located.

11Criteria for determining whether an area has special needs

For the purposes of section 22(2A)(b) of the Act, the prescribed criteria that the Commission must have regard to when determining whether an area has special needs is whether a natural disaster or other significant event has occurred in the area which has affected the ability of existing licensed premises in the area to supply liquor.

12Criteria for assessing the adequacy of existing facilities or arrangements

For the purposes of section 22(2A)(c) of the Act, the prescribed criteria that the Commission must have regard to when determining whether there are adequate existing facilities or arrangements for the supply of liquor in an area are—

(a)

the number of existing licences in the area; and

(b)

the category of those licences; and

(c)

the form of supply permitted under those licences.

Liquor Control Reform Regulations 2023

About this Act

Bill & explanatory material

This Act’s bill