Fast facts Importantly, section 109 of Gaming Machine Act 1991 states that “An encumbrance to the extent it is an operating authority is of no effect”. As such, if a tenant is a licensee and their lease/agreement is terminated the freehold owner or mortgagee has no rights to the operating authorities under the Gaming Machine Act 1991. In certain circumstances, an interested person who applies under the Liquor Act 1992 for authorization to conduct the business of a licensee on an interim basis may apply for a concurrent authorization to be a substitute licensee under the Gaming Act 1992. A substitute licensee may only continue trading at the premises, but they cannot sell or tender for more gaming authorities A gaming licence cannot be transferred. A new licence must be issued. Where there is an existing gaming licence, a new licence is issued subject to the surrender of the old licence. In this instance, the old operating authorities are automatically transferred to the new licence. Only then may the licensee sell or tender for more gaming authorities. If a gaming machine licence is cancelled by the Commissioner for any reason, the authorities become operating authorities of the state and no compensation are payable to a licensee or any other person. Gaming Machine Act 1991 Section 109 (4) Special authorization to conduct gaming (3) If a person (the substitute licensee) is authorised under the Liquor Act 1992, part 5, division 2 to conduct the business of a licensee under that Act on the premises, the commissioner may grant a concurrent authorization to the substitute licensee under this section. (4) While an authorisation under this section remains in force, the substitute licensee— (a) is authorised to conduct
There have been an increasing number of inquiries about the legality of electronic cigarette (e-cigarette) 'smoking' on licensed premises. E-cigarettes have become popular over recent years as a substitute for tobacco, and have been marketed as a 'harm reduction' device and quit smoking aid. An e-cigarette contains three essential components: a plastic cartridge that serves as a mouthpiece and a reservoir for liquid, an 'atomiser' that vaporises the liquid, and a battery. The consumer inhales the vapour (called 'vaping') in the same manner as they would if they smoked a normal cigarette. The product commonly looks like a fountain pen but variants are found in different shapes and sizes, even replicating an actual cigarette. An e-cigarette is generally regarded as safer than smoking tobacco but it seems the science isn't settled as yet. There is no distinctive odour with this product. E-cigarettes are not regarded as tobacco or an other smoking related product in Queensland under the Tobacco and Other Smoking Products Act 1998. However, they can only be used on licensed premises in the Designated Outdoor Smoking Area or patrons must leave the premises to 'smoke' an e-cigarette. See below our collection of articles on liquor and gaming licensing and small business consulting. Our articles aim to explain the Liquor Act 1992 and Gaming Machine Act 1993.
Changes have been made to the Liquor Act 1992 to prohibit people from entering or remaining on premises, subject to a licence or permit under the Liquor Act, if they are wearing or carrying certain prohibited items (outlined below) which are associated with a declared criminal organisation. It also places obligations on licensees/permittees, approved managers, employees and agents of licensees/permittees that they not knowingly allow anyone wearing or carrying the prohibited items to enter or remain on the premises. The Liquor Act provides for authorised persons, which include the licensee/permittee, employees or agents of the licensee/permittee, and police officers, to tell a person wearing or carrying prohibited items to immediately leave the premises. Penalties apply and the maximum penalty for the licensee/permittee, approved manager or employee/agent of the licensee/permittee for knowingly allowing a person wearing or carrying prohibited items to enter or remain on the premises is $11,000. Significant penalties also apply if the person refuses to leave when required, or resists an authorised person who is removing them from the premises (maximum penalty for first offence $41,250, second offence $57,750 or 6 months imprisonment and third or later offences $82,500 or 18 months imprisonment). Prohibited item is defined in the Liquor Act as meaning: an item of clothing or jewellery or an accessory that displays— (a) the name of a declared criminal organisation; or (b) the club patch, insignia or logo of a declared criminal organisation; or Note— The things mentioned in paragraph (b) are also known as the ‘colours’ of the organisation. (c) any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, a declared criminal organisation, including— (i) the symbol 1%; (ii) and the