Why bottleshop rules are different in Queensland
By Chris Watters, Executive Director Liquor Licensing Division Department of Tourism, Fair Trading and Wine Industry Development
Liquor licensing laws governing the sale and supply or liquor from bottle-shops and non-hotel outlets are unique in Queensland.
The strict controls applied to bottle-shop outlets are based on harm minimisation and the need to recognise “outlet density”as a contributing factor to amenity and community safety issues. This policy is unlikely to change in the foreseeable future.
In many Australian states an “off-license” packaged liquor store, liquor barn or local bottle-shop can be licensed in its own right, subject to various liquor licensing and town planning requirements.
In Queensland, the Liquor Act 1992 provides that only the holder of a General or Hotel licence can hold a bottle-shop licence. The Act also requires that a maximum of three bottle-shop licences per hotel can be issued and all such bottle-shops must be located within 10km by road of the main premises (hotel).
In addition to three detached bottle-shops, hoteliers are also entitled to have one attached bottle-shop (often referred to as a liquor barn), which if not attached to the premises(hotel) must be attached to the same parcel of land as the hotel.
These regulations have been criticised by some within the industry as being protectionist, erecting barriers to the market, and/or being generally anti-competitive.
For example, the legislation clearly prevents a single liquor store operator opening in strip shops, prevents liquor stores in supermarkets and prevents packaged liquor sales by anyone other than a licensed victualler.
It is true that such an approach applies a range of restrictions on the market, but one must consider the purpose and the justification?
The Queensland Liquor Licensing Division argues that liquor is a special product of harm. Alcohol abuse and its effects in the community are well known and the Queensland approach is structured around minimising harm from alcohol abuse by restricting the sale and supply of takeaway liquor to recognised and registered licensees, experienced in the liquor and hospitality trade.
This includes RSA and the Queensland RMLV (Responsible Management of Licensed Venue) training requirements, social impact research on any adverse affect that a new bottle-shop may have on the surrounding community and related harm issues.
Recent Australian and US research has identified a direct link between harm caused in the community from the abuse of alcohol and the open and ready availability of liquor supplies, including extended trading hours and the proliferation of packaged liquor outlets.
Such research features strongly in the consideration as to whether or not a detached bottle-shop licence should be issued, and under the Queensland model is clearly scrutinised on the basis of community harm.
While the Queensland Liquor Act is presently under review, the Government has indicated its clear intention to make no changes to this part of the law, so anyone wishing to open a bottle-shop in Queensland must first establish their bona fides as a Hotelier. That includes Coles and Woolworths.
I encourage all Inside Liquor readers to continue to participate in the review of the Act through industry consultation forums.
More information on how to participate will be provided in future editions of Inside Liquor, the monthly Liquor Licensing Update (Subscribe by emailing liquorcomms@dtftwid.qld.gov.au)and the Division’s website www.liquor.qld.gov.au.
I look forward to continuing our work towards a safe and prosperous industry in 2007.