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Banned products for licensed premises
In order to create a safer environment for patrons and staff, liquor licensees need to be aware of their legal obligations in relation to 'banned products'. This includes liquor products declared to be undesirable, regular glass in high-risk premises and the ban on selling or supplying rapid intoxication drinks between certain times.
As a liquor licensee you must not sell or supply a liquor product that is declared an undesirable liquor product. A liquor product may be banned entirely, or banned from being sold and consumed in prescribed locations.
Similarly, if your venue has been classified as 'high-risk', you have a legal obligation to remove all regular glass containers during trading hours.
And under the Tackling Alcohol-Fuelled Violence Amendment Act 2016, you must not allow the sale or supply of rapid intoxication drinks between 12 midnight and 5am.
This guide will help you understand your compliance responsibilities relating to rapid intoxication drinks after 12 midnight, undesirable alcohol products and use of regular glass in high-risk venues.
Ban on undesirable liquor products
Under the Liquor Act 1992, alcohol products that are declared 'undesirable' can be banned from sale and supply.
You must stay up-to-date with the liquor products that are deemed undesirable and ensure that you do not sell or supply these banned items. Such products are listed on this page as they become banned.
Classification of undesirable liquor products
Any of the following criteria may be used to classify a product as 'undesirable':
- The name of the product, design of packaging of the liquor product, or class of the product (the product) is likely to be attractive to minors or young people.
- The product is likely to be confused with soft drink or confectionery.
- The product, for any reason, is likely to have a special appeal to minors or young people.
- It is otherwise in the public interest to declare the product to be an undesirable liquor product.
Liquor products that are currently banned
Undesirable liquor products can be subject to either an interim ban or permanent ban as declared by the Attorney-General and Minister for Justice.
Interim ban
An immediate interim ban of an undesirable liquor product can be declared for a 42-day period. When this happens, a notice will be published below. During this time, all sale and supply of the product is prohibited.
During the interim ban, alcohol industry representatives, manufacturers and distributors of the undesirable liquor product have the opportunity to consult with the Minister regarding a permanent ban on the product or class of product.
There are no interim bans of undesirable liquor products at this time. Please check back regularly.
Permanent ban
Any undesirable liquor product that is permanently banned is listed in the Liquor Regulation 2002. Currently, these are:
- Any product that is liquor in powdered or crystal form. This includes, but is not limited to, the powdered alcohol known as ‘Palcohol’, as well as powdered alcohol contained in a capsule or in the form of a tablet.
- Any liquor jelly product that is sold by a licensed premises for off-premises or takeaway consumption. Licensed premises that sell only takeaway alcohol are banned from stocking and selling liquor jelly products. However, licensed premises that sell alcohol for on-premises consumption are permitted to sell these products for consumption at their licensed venue, in-line with responsible service of alcohol standards.
- Any liquor jelly product that is sold or supplied in a syringe or syringe-like packaging for on-premises or off-premises consumption.
- A product containing liquor in a flexible tube bearing a name that includes either or both of the words 'go' or 'vodka', whether in lower case, upper case or a combination of both. Note: 'Flexible tube' means a flexible metal, plastic or laminate container sealed permanently at one end and having a cap at the other end.
Also consider...
- Learn more about patron and staff safety on licensed premises.
- Learn more about managing liquid nitrogen and dry ice risks.
- Read the Liquor Act 1992.
- Contact the Office of Liquor and Gaming Regulation.
Ban on selling or supplying rapid intoxication drinks
Selling or supplying rapid intoxication drinks that pose a high risk of alcohol-related harm is banned in licensed premises between 12 midnight and 5am.
Rapid intoxication drinks
A rapid intoxication drink is one that is designed to be consumed rapidly or contains a high percentage of alcohol and is:
- served in a small glass or container (such as shooters, shots, bombs, test tubes, jelly shots and other similar drinks)
- prepared on the premises and contains more than 45mL of spirits or liqueur
- a pre-mixed alcoholic drink containing more than 5% of ethyl alcohol (ethanol) or containing more ethanol than 2 standard drinks (a pre-mixed drink must fall within both the 5% alcohol by volume threshold and the 2 standard drinks threshold to be served after 12 midnight)
- any type of drink prescribed by a Regulation.
If venues sell or supply rapid intoxication drinks during the restricted period they can be fined up to $15,480.
Exemptions to the ban on rapid intoxication drinks
Cocktails are exempt from the ban on rapid intoxication drinks from 12 midnight to 5am, provided the:
- drink is listed on a cocktail menu prepared by the licensee and is displayed on the premises
- price of the cocktail is listed on the cocktail menu
- drink is not sold for less than the price listed on the cocktail menu
- drink is not designed to be consumed rapidly (for example, cocktail shooters are banned).
Commercial special facility licences relating to airports and casinos, and industrial canteen licences are exempt from the statutory ban.
Applying for an exemption to sell or supply rapid intoxication drinks
A licensee may apply for an exemption from the ban on rapid intoxication drinks for all or part of the licensed premises for any period between 12am and 5am. An exemption can only be granted for an area of the licensed premises that is:
- primarily used for the sale or supply of premium spirits
- has the capacity to seat no more than 60 patrons at any one time
- and
- is able to be adequately defined on a permanent or semi-permanent basis.
As part of the application, licensees will need to demonstrate how the sale and supply of specific drinks (that fall under the classification of 'rapid intoxication drinks') will not be consumed in any way that is likely to have an adverse impact on the health and safety of members of the public or the community. You must also explain how the sale and supply of the requested drinks will be done differently to other types of liquor served on the premises.
Ban on regular glass in high-risk venues
Violence at licensed premises can include physical assaults involving glass. These attacks are called 'glassings'.
If your venue has been declared high risk, a ban will apply to all regular glass containers. Banning regular glass products is a preventative measure to reduce glassings and make licensed venues safer.
Definition of regular glass
Regular glass is defined as glass other than tempered or toughened glass. A regular glass container is one that can hold liquid and is made entirely or partly of regular glass (not tempered or toughened glass). For example:
- drinking glasses
- bottles
- jugs
- stubbies.
During trading hours, licensees of high-risk venues must not serve liquid in a regular glass container in those areas of the premises to which the ban relates. You must also ensure that regular glass containers are not placed in any area accessible to patrons.
High-risk venues must completely remove all regular glass containers from their premises. Licensees of other venues may be subject to varying levels of restriction on regular glass use.
Definition of a high-risk venue
The Office of Liquor and Gaming Regulation (OLGR) may classify a licensed premises as high-risk (as a whole or in part) if satisfied that during a particular period:
- 1 or more glassings (assaults involving glass) have occurred at the venue
- there has been an 'unacceptable level of violence' at the premises that has caused
- harm or the potential for harm from alcohol abuse and misuse and associated violence
- adverse effects on the health or safety of members of the public
- adverse effect on the amenity of the community.
List of high-risk venues
The following licensed premises are subject to section 97 of the Liquor Act 1992.
Licensed premises | Location | Area subject to s.97 | Effective date |
---|---|---|---|
Alexandra Hills Hotel Motel | Brisbane | Nightclub area | 29 April 2010 |
Cocktails and Dreams | Gold Coast | Entire premises | 29 April 2010 |
The Bank | Townsville | Entire premises | 29 April 2010 |
Bullwinkle's Cabaret | Townsville | Entire premises | 1 December 2011 |
Molly Malones Irish Pub | Townsville | Shed Nightclub | 2 April 2012 |
If your venue is declared high-risk
You will receive a notice if your licensed venue is declared high-risk. This notice requires that you convert to non-regular glass products. You will be granted a reasonable period of time to source and receive an alternative to the regular glass product.
Response to high-risk status
If you receive a notice, you will have a 14-day period to respond to the proposed high-risk classification. To do this you must reply to the Commissioner for Liquor and Gaming, who in turn must consider your response before making a final decision.
Before compiling your response, you should read the decision-making criteria for banning the use of regular glass: Guideline for decision making under part 4 division 9 of the Liquor Act 1992.
Appealing a high-risk status
After the notice and consideration period, if the Commissioner declares your licensed premises high-risk, you cannot appeal to the Queensland Civil and Administrative Tribunal. The decision may only be judicially reviewed.
Reviewing a high-risk status
You may apply to have a high-risk declaration reviewed 1 year after its inception.
Police at your licensed premises
You should not be reluctant to call the police to respond to disturbances in or near your premises. As a licensee you are obligated by law to provide a safe environment for your staff and patrons. If you fail to call police you may breach your legal responsibility.
Having the police called to your premises will not automatically deem it a high-risk venue. Police report on each alcohol-related incident to OLGR, who then assess and analyse the information, including whether the actions of the licensee or their staff contributed to the incident in any way.
Also consider...
- Learn more about patron and staff safety on licensed premises.
- Read Understanding glassing incidents on licensed premises: dimensions, prevention and control.
- Read the Liquor Act 1992.
- Contact the Office of Liquor and Gaming Regulation.
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021