Page 4392 - Week 10 - Thursday, 23 September 2010
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advertising or promotion of liquor, the meaning of intoxication, crowd management at and near licensed premises, and RSA training does not limit the making of other guidelines; it merely states expressly what may be covered.
New part 20 of the bill inserts a number of transitional provisions into the Liquor Act 2010 to ensure a smooth transition of the licensing framework from the old act to the new act. Licensees applying for a new licence before the old licence expires on 30 November this year will not be required to obtain a fresh police certificate if they had already provided one on or after 1 July this year. All licensees will be exempt from having to provide a building certificate, floor plans and a certificate of occupancy. Other licensees will be required to provide a police certificate, but will have 90 days to provide it to the Commissioner for Fair Trading as part of their licence application.
As part of a licensee’s new licence application, they will be required to provide additional information about liquor purchased for sale at the licensed premises during the term of the old licence. This new information will allow the commissioner to determine the level of licence fee each licensee should pay for their new licence.
Licensees who apply for a new licence before their old licence expires and before commencement day on 1 December this year will not have to comply with the new public consultation provisions. The commissioner will have six months after the day the commissioner receives the application to make a decision, and their old licence will continue to have the same legal effect until the application is decided.
In circumstances where a licensee applies for a new licence where the commissioner must decide an occupancy loading for the licensed premises, the commissioner can use the occupancy loading issued for the public area at the licensed premises which was determined under the old licence for the area.
Temporary protection will also be available for old liquor permits under the old Liquor Act. Old liquor permits will be recognised as commercial liquor permits in the same way as the former liquor permit, and will expire on the day stated in the permit or, if no date is stated, three months after commencement day. Similarly, old tourism wine permits will be taken to be commercial permits on commencement day. They will be treated as tourism wine permits and subject to the same conditions as the former tourism wine permits. They will expire on the day stated in the tourism wine permit or, if no day is stated, three months after the commencement day.
Provision is also made for a non-profit wine permit held before commencement day. It will be taken to be a non-commercial permit and subject to the same conditions as the non-profit wine permit. It will expire on the day stated in the wine permit or, if no date is stated, three months after commencement day.
To ensure a smooth transition for those people who have already undertaken the RSA course and obtained their certificate not more than two years before the act commences, the old RSA certificate will be recognised as a new RSA certificate and will expire one year after the act commences to coincide with the need to undertake a refresher course every three years.
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