Student VISA (subclass 500)

Overseas Students in Australia on a ‘subclass 500 Student Visa’ cannot undertake RSA training, and therefore cannot legally work in licensed venues in Australia. The reason being, that students on this visa may only enroll in full-time courses which is registered with The Commonweal Register of Institutions and Courses for Overseas Students (CRICOs) as per the Education Services for Overseas Students Act 2000. Training providers in Australia cannot currently register a short course, such as Provide Responsible Service of Alcohol with CRICOs. The exception to this, is – if a student is enrolled in a CRICOS approved course for hospitality or the like, and requires the student to have an RSA as part of that course, then they may obtain an RSA as part of that course thereby enabling them to work in Australia. The VISA allows students to work 40 hours per fortnight when courses are commenced, or an unlimited number of hours during course breaks. Other classes of Student VISAs may be able to obtain RSA. A representative for the Australian Government Department of Home Affairs advised that this applies only to new applications, and that any student who obtained RSA prior to the legislation change could continue to work in licensed premises. The reason for the legislation changes is to regulate the hospitality industry. There is a petition to change the legislation https://www.change.org/p/senator-the-hon-simon-birmingham-allow-students-travelling-on-subclass-500-visas-to-get-qualified-to-work-in-hospitality

By |October 2nd, 2018|Categories: QLD, Uncategorized|0 Comments

Digital IDs

23 July 2018 Licensees in QLD can now accept digital versions of approved IDs as acceptable evidence of age under the Liquor Act 1992, including for the purposes of ID scanning.   New ID forms accepted: SA driver licence: my.sa.gov.au/faq.html Australia Post Keypass: www.digitalid.com.au/accept note: NSW Government has also announced that digital licensed will be available across NSW by end 2019 Pre-existing ID forms accepted: an adult proof of age card (e.g. Australia Post Keypass identity card) Australian driver licence or learner permit foreign driver licence passport (from any country) other recognised proof of age cards. The ID document must be current and include a photo of the person and their date of birth.  For more information visit OLGR - Compliance for Identification for all patrons     Checking ID You are still required to check that the digital IDs are valid as you would with a hard copy ID. When checking, staff should: compare the photo with the patron presenting the ID check the date of birth confirms the patron is over 18 years (some forms of ID can be issued to minors), and identify the security features of each type of ID and use the appropriate verification techniques. While apps can be downloaded to verify digital IDs, those currently in use have in-built security features to verify the ID. A ‘shake-to-animate’ feature on the digital South Australian drivers licence will animate the screen and display the time and date to show that the licence is not a screenshot. The Australia Post Keypass has an animation feature when showing the digital ID that can be triggered by tapping or shaking the phone, as well as a QR code that refreshes every 5 seconds. Confiscating false IDs  You

By |July 31st, 2018|Categories: QLD|0 Comments

New Motorcycle gangs outlawed in Queensland

The Liquor Regulation 2002 now identifies the following oganisations as outlaw motorcycle gangs: - Mongrel Mob; and - Satudurah We recommend to familiarise you and your staff with all outlawed motor cycle criminal gangs: Logos of identified OMCGs It is a requirement under the Liquor Regulation 2002 and the Serious and Organised Crime Legislation Amendment Act 2016 that the licensee and staff take reasonable steps to remove, refuse or exclude a person from a licensed venue if the person is wearing or carrying prohibited items associated with these organisations. Such items include: the name of an identified organisation the club patch, insignia or logo of an identified organisation (i.e. 'colours') any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, an identified organisation, including the symbol '1%,’ the symbol '1%er' or any other image, symbol, abbreviation, acronym or other form of writing prescribed under the Liquor Act 1992.  

By |July 31st, 2018|Categories: QLD|0 Comments

Registration of Financial Interests – Fast facts

Cost: $89.00 It is a mandatory requirement to register a an owner, lessee, lessor and/or mortgagee of a licensed premises as per section 44A(2) of the Liquor Act 1992. Likewise, a registered interest must notify the Office of Liquor and Gaming Regulation if the entity ceases to hold interest in the licensed premises. If the entity being registered is not the licensee, they are not liable under the Liquor Act 1992 for compliance related matter regarding the operation of the licensed premises The purpose of registering a financial interest of the freehold owner / mortgagee or head lessor is to protect the interests of the entity. A liquor licence is an asset attaching to the land, and therefore a tenant cannot take the liquor licence away from the land. Likewise, whilst a tenant can apply for a liquor licence a tenant cannot surrender a liquor licence without consent from the freehold owner or head lessor. Liquor Act 1992 44A Owner, lessee, mortgagee and secured creditors to give particulars to commissioner (1) This section applies to— (a) an owner, lessee and mortgagee of licensed premises; and (b) a secured creditor of the licensee whose interest is likely to be affected by cancellation of the licence for the premises. (2) The persons mentioned in subsection (1) must give the commissioner particulars sufficient to identify their interest in the licence within 28 days of— (a) acquiring the interest; or (b) if the person holds the interest at the time the licence is granted—the granting of the licence. (3) A person who has given particulars under subsection (2) of the person’s interest in a licence must give the commissioner notice that the person no longer holds the interest within

By |June 20th, 2018|Categories: QLD|0 Comments

Interim authorities (liquor licence)

131A Decision by commissioner on application to continue trading in certain circumstances If an applicant is the occupier or is entitled to possession of the licensed premises, the commissioner may authorise the applicant to conduct business on licensed premises under authority of the licence on an interim basis. – The Liquor Act 1992 Typical scenarios when an interim authority application is required: An owner or mortgagee evicts a tenant, and the owner or mortgagee requires the continued trading of the licensed business until such time as a replacement tenant can be found. A licensed business is being transferred to a new tenant, but a fast settlement occurs prior to a transfer of liquor licence application being completed by the Office of Liquor and Gaming Regulation. A person or entity must not trade under a liquor licence without first seeking interim authority from the Office of Liquor and Gaming Regulation, even if settlement has occurred. Who is entitled to apply for an interim authority? An occupier of the licensed premises that is entitled to possession of the licensed premises, such an owner, mortgagee or lessee. Fast facts· An interim authority is typically issued for 1 – 3 months but may be extended on reasonable grounds. An interim authority is not allowed to continue indefinitely and a full transfer of liquor license must be completed in full (including obtaining outgoing licensee or lessors consent to the transfer of liquor license). An interim authority application typically takes 1 – 3 days processing with the OLGR, if all requirements for an interim authority are satisfied The cost of an interim authority application is the same as a transfer of liquor licence application An interim authority application can only be

By |June 20th, 2018|Categories: QLD|0 Comments