Rumba Beach Resort - Office of Liquor, Gaming and Racing

Emma Buckingham
13/03/2013 10:47 AM
To
cc
bcc
Subject
"redta pereform@justice.qld .gov.au"
Feedback
moa
beach resort
To the Attorney-General,
I wish to see more vibrancy and less restrictions in hospitality and dining, so thank you for the opportunity to
provide feedback into reducing red tape around the supply of liquor supply in Queensland. I agree with the
Attorney General’s recent remarks where he says business growth should not be weighed down by inflexibility and
costly regulation.
I believe the supply of liquor should be;
safe for the community,
supportive of tourism,
enjoyable for Queenslanders and
practical to regulate.
I therefore support the following initiatives, many of which are detailed in the Discussion Paper titled Red Tape
Reduction and Other Reform Proposals For Regulation of Liquor and Gaming.
WHAT IS MOST IMPORTANT TO ME.
I believe that Queensland legislation should not deter prospective entrants into the competitive (and often
high-risk) tourism and hospitality sectors. We need to minimise unnecessary fees and barriers and encourage new
businesses to build the diversity and vibrancy of our entertainment offering in Queensland. This is the core
substance of my submission.
I herein support the following reforms:
SECTION 1 OF THE DISCUSSION PAPER
LICENCES

1. I believe low risk venues such as small cafds and restaurants do not require a person trained as a
Responsible Manager of a Licensed Venue (RMLV). I consider a Responsible Service of Alcohol (RSA)
qualification suitable. This will reduce the costs of compliance on small businesses and increase the pool
of staff from which employers can choose. I agree that a person trained in RMLV should be taken to be
trained in RSA.
LOCK-OUTS FROM LATE NIGHT VENUES
2. Regarding lock-outs of patrons for late night venues, I am concerned about the lack of evidence
supporting this practice. I believe the community would be better served by patrons being supervised
inside a licensed premises rather than outside. Locking patrons out while venues remain open only places
additional strains on police resources, transport and residential peace and quiet. Whilst inside a venue, a
licensee remains responsible for maintaining standards of good behaviour. I also believe tourism would
benefit from less complicated rules of entry into venues.
I suggest removing the current lock-out provisions for a period of two years and then comparing alcohol
related violence statistics against the two years prior. Lock-outs can then be properly evaluated as a harm
minimisation strategy. To my knowledge this research has never been undertaken.
I believe Queensland tourism is best served by a simpler and less restrictive approach to late night
trading however long term sustainability of after-midnight trading is dependant on broadening the
entertainment offer to dilute the concentration of 18-25 year olds. A more responsible and self-regulating
environment can develop through greater diversity in the entertainment offering. For example, piano
bars, cafes and wine bars with low impact live (and/or suitably amplified) music will appeal to a more
mature clientele.
To be clear, I believe that only very few areas are suitable for late trading, i.e. after 3am. Therefore, I
recommend that "Drink Safe Precincts" are continued in the relevant areas (such as Fortitude Valley) as
the additional police presence will assist in the smooth long-term cultural transition to a more diverse
and "cleaner" late night economy over time.
STATE IMPOSED COST FOR EVENTS
3. Music and other entertainment events are an important part of our economy. I believe the costs
imposed by the Government on the promoters of events in Queensland should be minimised. Events are
of growing importance to tourism growth and enhance the experience of living in Queensland.
Costs can be reduced by:
a) deregulating the existing licensing framework such that promoters can provide their own
alcohol catering, rather than being compelled to negotiate with an offsite licensee,
b) have the costs of providing emergency services established independently, and not by the
authorities themselves that have beneficial interest in setting higher than reasonable fees, and
c) Simplifi2 the application process and reduce the costs of smaller scale events to be more in
keeping with the nature of smaller groups.
SECTION 2 OF THE DISCUSSION PAPER
REGULATING NOISE AND NOISE LIMITS IN A LICENSED PREMISES
4. I agree that a full review of the regulation of noise connected with a licensed premises is necessary.
The current rules (and the enforcement of the Regulations regarding noise) has effectively killed off
Queensland’s entertainment offering on premises where alcohol is permitted to be served. Music and

entertainment is patently discouraged and tourism along with an enjoyable Queensland lifestyle is
suffering.
Regarding noise complaints from live and/or amplified music, the following considerations should be
given:
a) "First occupancy rights" should be observed and the character of an established precinct should
be respected. If residents buy into an established mixed-use hospitality precinct, common sense says
that noise from music and entertainment consistent with the locale should reasonably be expected.
b) I believe the removal of decibel limits from the Regulations is the first step towards a more
flexible and practical legislative framework that will encourage the development of music and arts
and not stifle it. This is not a "one size fits all" solution.
c) In my view the Regulations around noise limits need to be simplified to allow the culture of the
Office of Liquor and Gaming Regulation (OLGR) to change from being "the enforcer" to that of a
more balanced arbitrator in the event of a bone-fide noise complaint. This would be a big step
towards building a culture of mutual respect and trust between OLGR and licensees.
The considerable costs imposed on smaller operators to obtain acoustic reports, and the cost of installing
sound limiting equipment provide a significant barrier to new venue start-ups. Deregulation will support
growth and development of the musical arts and have an immediate positive impact on tourism.
A significant proportion of the complaints made to OLGR relate to noise. I believe that if the technical
elements of the existing Regulations were removed, good judgement would come into play more ~vhen
responding to a complaint, rather than always relying on sound-measuring equipment. Can the police
play more of a role in dealing with bona-fide noise complaints?
LIFT THE MORATORIUM ON LATE NIGHT LICENCE APPLICATIONS IN NON CBD
LOCATIONS
5. CBD areas are not the only places that benefit from late night entertainment so I support lifting the
moratorium on venues wishing to trade after midnight across the State. I understand that this was
temporary legislation never intended to remain in place long-term.
Tourism focused areas such as the Sunshine Coast have been at a disadvantage due to the moratorium
imposed in 2010 on late night venue licences. As late night venues have closed due to redevelopment,
new venues have been unable to open, hence decreased options for patrons and an anti-competitive
business environment. Diversity of the late night entertainment offering (within the proper, police
council and OLGR controls) benefits tourism and the economy overall.
I agree that the location of late night venues needs to be carefully planned with Councils to ensure
suitability for the permitted use. I also believe that proper standards of patron behaviour should be
required at all times.
ISSUES OUTSIDE OF THE DISCUSSION PAPER
Regarding tour operators being able to offer basic hospitality, I believe there should be an amendment to
the Liquor Act so that Section 12 relating to "Exemptions" - be extended to include:
Permit the sale of liquor by a tour operator to an adult client if:
The sale takes place during the tour itinerary
The liquor is consumed during the tour itinerary
The quantity of liquor sold to the client is not more than 2 standard drinks in a day
I acknowledge that the Liquor Act currently sets a precedent with exemptions for hairdressers and
limousine services.
In closing, I believe that less conflicting (and more straightforward) legislation overall is required.

Considering the Liquor Act hasn’t has a full re-write for over twenty years, perhaps this is the right time
to review the Act as a whole. It is critical to the tourism sector to get this legislation right.
I hope this feedback has been helpful and I look forward to seeing positive and timely changes come
about in this important area of reform.
Yours sincerely,
Emma Buckingham
Marketing & Executive Support
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