As a licensee or approved manager of a licensed venue in Queensland it is important for you to familiarise yourself with the following definitions of common terms.
As defined in the Liquor Act 1992 (Qld), liquor is a spirituous or fermented fluid of an intoxicating nature intended for human consumption and includes:
- any other substance intended for human consumption in which the level of ethyl alcohol (ethanol) is more than 5 mL/L (0.5%) at 20ºC (for example, ice confections, jellies and aerosol sprays)
- any other substance containing ethyl alcohol (ethanol) that is prescribed under a regulation as liquor.
Note: Liquor does not include a fluid that is used merely as a preservative or medium in which fruit is offered for sale to the public in sealed containers and with the contents visible.
Approved area (adult entertainment permit)
An approved area is an area of the permittee’s premises approved by the chief executive to provide adult entertainment. For an area to be considered as an approved area, it must:
- be fully enclosed in a way that prevents a person outside the area from seeing inside
- not contain, for the private use of persons attending the entertainment, a lounge, booth, compartment or cubicle (other than a toilet cubicle)
- another requirement prescribed under a regulation.
Fit and proper person
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 five years
- have had no substantial convictions against the provisions of the Liquor Act
- are of good repute 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.
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 premises in which the event or occasion happens for his or her own benefit, solely or partially (for example, a promotion event for the premises)
- an event or occasion organised by another person if the owner or licensee of the premises in which the event or occasion happens is entitled to receive benefit other than by the way of charge for use of the premises and provision of catering facilities.
Wine that is made from fruit grown on the premises or which is made at the premises.
Nominee (Wine licence only)
A nominee is an individual responsible for a licensed premise. A nominee is required if the licensee:
- is comprised of more than one person (partnership or corporation)
- is licensee at more than one premise.
The nominee is responsible for ensuring that wine is sold on the licensed premise only. The nominee is subject to obligations imposed by the Act and is liable as a licensee for an offense against the Act or failure to meet the obligations.
The Liquor Act 1992 defines a non-proprietary club as an association of persons under whose constitution any income, profits and assets are used only in promotion of its objects, and not for distribution to its members.
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.
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.
In relation to approved managers, ‘reasonably available’ is defined in the Act as:
- readily contactable by each person involved in the service or supply of liquor at the premises and
- the time reasonably needed for the licensee, permittee or approved manager to travel from any place at which the licensee, permittee or approved manager may be present to the premises is not more than 1 hour.
The term ‘regular basis’ means recurring uniformly in time or manner relating to functions occurring weekly, fortnightly, etc. For more information, see the guideline defining ‘regular basis’.
Feeling confused after reading all those definitions? After completing the Club Training Australia Responsible Management of Licensed Venues (RMLV) training course you will understand these definitions and how to apply them.