Liquor Licensing Regulations 2016

Liquor Licensing Regulations 2016

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Liquor Licensing Act 1990 .

C. WARNER

Governor

By Her Excellency's Command,

PETER GUTWEIN

Treasurer

1.   Short title

These regulations may be cited as the Liquor Licensing Regulations 2016 .

2.   Commencement

These regulations take effect on 1 September 2016.

3.   Interpretation

In these regulations –

Act means the Liquor Licensing Act 1990 ;

cider is a beverage that –

(a) is the product of the complete or partial fermentation of the juice or must of apples, pears or other fruit; and

(b) has not had added to it, at any time, any ethyl alcohol from any other source; and

(c) has not had added to it, at any time, any liquor or substance (other than water or the juice or must of apples, pears or other fruit) that gives colour or flavour;

commencement day means the day on which these regulations take effect;

spirits means liquor that is obtained by distillation and has an alcohol content by volume exceeding 10% at a temperature of 20°C.

4.   Best interests of the community

For the purposes of the definition of best interests of the community in section 3 of the Act, the following interests are prescribed:

(a) the general costs and benefits to the community of the supply, or proposed supply, of liquor;

(b) whether the supply or proposed supply of liquor might cause undue offence, annoyance, disturbance or inconvenience to people who, in the area of the supply or proposed supply –

(i) reside or work; or

(ii) attend schools or other facilities frequented by children; or

(iii) attend hospitals or facilities where people receive treatment for alcohol dependence or other addictions; or

(iv) attend places of worship;

(c) possible adverse effects on the health and safety of members of the public due to the supply of, or proposed supply of, liquor.

5.   Prescribed substances

The following substances are prescribed as liquor for the purposes of the definition of liquor in section 3 of the Act:

(a) a vapour that –

(i) at 20°C contains more than 0.5% ethyl alcohol by volume; and

(ii) is intended for human consumption;

(b) a food preparation in a frozen or jellied form that –

(i) at 20°C contains more than 0.5% ethyl alcohol by volume; and

(ii) is intended for human consumption;

(c) a substance that –

(i) appears to be of a powdered or crystalline nature; and

(ii) contains ethyl alcohol; and

(iii) is intended for human consumption.

6.   Small producer

A person is prescribed as a producer for the purposes of the definition of small producer in section 3 of the Act, if that person –

(a) in the previous financial year, had a total sales volume of liquor in quantities less than the following:

(i) in the case of beer, 100 000 litres;

(ii) in the case of cider, 100 000 litres;

(iii) in the case of wine, 28 500 litres;

(iv) in the case of spirits, 8 750 litres; and

(b) has assumed the financial risk for the production of the volume of liquor referred to in paragraph (a) ; and

(c) in the case of a person who produces wine or cider, only produces wine or cider from fruit of which 85 per cent is grown in Tasmania; and

(d) in the case of a person who produces beer, only produces beer that is brewed in Tasmania; and

(e) in the case of a person who produces spirits, only produces spirits that are distilled or redistilled in Tasmania.

7.   Vicinity

For the purposes of paragraph (a) of the definition of vicinity in section 3 of the Act, the prescribed distance is a radius of 50 metres from any entry or exit point to the licensed premises or permit premises.

8.   Prescribed persons

For the purposes of section 10 of the Act, the following persons are prescribed persons:

(a) a member of the club;

(b) a guest of a member of the club;

(c) a visitor to the club;

(d) a member of another club which has a reciprocal membership arrangement with the club;

(e) a competitor in an event conducted or hosted by the club on that day;

(f) a spectator of an event conducted or hosted by the club on that day;

(g) a person who is attending a meeting of, or a function conducted by, an organisation which the Commissioner is satisfied is not operated for profit.

9.   Minimum age requirements for section 46B

(1)  For the purposes of section 46B of the Act, the minimum age requirement for a person to sell or serve liquor on licensed premises or permit premises is –

(a) 16 years of age; or

(b) such other age below the age of 16 years as is determined by the Commissioner in relation to that person.

(2)  Subregulation (1) does not apply until 3 months after the commencement day, if the person selling or serving liquor was, before the commencement day, engaged by the licensee or permit holder in the sale or service of liquor on the licensed premises or permit premises.

10.   Minimum age for selling or serving liquor in a prohibited area

(1)  A person under the age of 18 years must not sell or serve liquor in an area designated as a prohibited area under section 84(1) of the Act.

Penalty:  A fine not exceeding 10 penalty units.

(2)  A licensee must ensure that a person under the age of 18 years does not sell or serve liquor on the licensed premises in an area designated as a prohibited area under section 84(1) of the Act.

Penalty:  A fine not exceeding 10 penalty units.

(3)  This regulation does not apply until 3 months after the commencement day, if the person selling or serving liquor was, before the commencement day, engaged by the licensee in the sale or service of liquor in the prohibited area.

11.   Service of barring orders

For the purposes of section 81(4) of the Act, a police officer may give an order under that section to a person by –

(a) giving the order, in writing, to the person; or

(b) leaving the order, in writing, at, or sending it by post to, the person's last known place of residence.

12.   Information in barring orders

For the purposes of section 81(10) of the Act, the following information is prescribed:

(a) the name and residential address of the person being barred;

(b) the duration of the barring order;

(c) the premises, class of premises or area from which the person is being barred.

13.   Wholesale liquor supply information

(1)  In this regulation –

fortified wine means wine to which spirits has been added, including frontignac, madeira, marsala, muscat, port, sherry and tokay, and that has an alcohol content by volume not exceeding 22% at a temperature of 20°C;

heavy-strength beer means beer with an alcohol content by volume of 3·5% or more at a temperature of 20°C;

low-strength beer means beer with an alcohol content by volume of less than 3% at a temperature of 20°C;

medium-strength beer means beer with an alcohol content by volume of 3% or more but less than 3·5% at a temperature of 20°C;

ready-to-drink spirits means spirits that are mixed with other beverages, but does not include fortified wine.

(2)  For the purposes of paragraph (d) of the definition of wholesale liquor supply information in section 222B(1) of the Act, the following information is prescribed:

(a) the licence number of the licensee to whom the liquor is supplied in a wholesale liquor transaction;

(b) the postcode of premises to which the liquor is delivered in the transaction;

(c) the volume in litres of low-strength beer, medium-strength beer, heavy-strength beer, wine, fortified wine, spirits, ready-to-drink spirits, and cider, that is supplied in the transaction.

14.   Wholesale liquor transactions

(1)  In this regulation –

related entity, of a licensee, means a related entity of that licensee within the meaning of the Corporations Act;

reporting licensee means a licensee who –

(a) in the previous financial year, has a total sales volume in excess of one or more of the small-business thresholds; or

(b) has a related entity that, in the previous financial year, has a total sales volume in excess of one or more of the small-business thresholds.

(2)  For the purposes of subregulation (1), the small-business thresholds are as follows:

(a) 8 750 litres per year of spirits;

(b) 28 500 litres per year of wine;

(c) 100 000 litres per year of beer;

(d) 100 000 litres per year of cider.

(3)  For the purposes of the definition of wholesale liquor transaction in section 222B(1) of the Act, the type of transaction prescribed is a transaction in which a reporting licensee supplies liquor to another licensee –

(a) in that other licensee's capacity as a licensee; and

(b) within Tasmania.

15.   Use and disclosure of wholesale liquor supply information

The Minister may disclose wholesale liquor supply information provided under section 222B of the Act to –

(a) the Commissioner; and

(b) the Commission.

16.   Evidence of age

(1)  In this regulation –

Australia Post has the same meaning as in the Australian Postal Corporation Act 1989 of the Commonwealth.

(2)  The following documents are prescribed as documents which may provide evidence of age:

(a) a current driver's licence, issued in Australia, that contains a photograph of the licence holder;

(b) a current firearms licence within the meaning of the Firearms Act 1996 ;

(c) a current passport;

(d) a current proof of age card issued by Australia Post (known as a “Keypass identity card”);

(e) a current document issued by a government department of the Commonwealth, or of a State or Territory, that contains the document holder's name, photograph and age.

17.   Legislation rescinded

The legislation specified in Schedule 1 is rescinded.

SCHEDULE 1 - Legislation rescinded

Regulation 17

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 17 August 2016

These regulations are administered in the Department of Treasury and Finance.