Queensland Government withdraws glassing notice

Publications >Queensland Government withdraws glassing notice

 

In October 2009 the Queensland Government introduced legislation that allowed the Chief Executive of the Department of Employment, Economic Development and Innovation that administers the Liquor Act to deem licensed venues as ‘high risk’ if they had any incidents of ‘glassing’ within the previous 12 months.

 

This legislation was introduced to attempt to curb nightclub violence and binge drinking in Queensland licensed venues.

The Chief Executive through the Office of Liquor and Gaming Regulation (OLGR) then issued various notices giving licensed venues 14 days to make submissions to say that the venue was not high risk.

 

Once submissions were made the Chief Executive then has the discretion to decide that a premises is high risk and ban the licensed venue from serving any drink in regular glass (that is glass that is not toughened or tempered).

 

The OLGR issued a variety of notices against various venues including Cloudland in Fortitude Valley, Brisbane.  The notice was issued without any investigation of the events that took place at Cloudland and therefore without the knowledge that the incident involved toughened glass.

 

After proceedings were issued by Rostron Carlyle Solicitors to review the decision to issue the notice, the Chief Executive rescinded the notice issued against Cloudland.  To date this is the only time that a venue has been successful in having the Chief Executive rescind the notice issued against a licensed venue to deem the venue high risk.

 

 

Jeremy Streten
Senior Associate

 

Rostron Carlyle Solicitors has a team of commercial litigators that have a liquor industry speciality and are able to assist clients in dealing with such notices and issues relating to the liquor industry. If you require assistance please contact Jeremy Streten of our office on (07) 3009 8444 or by email at j.streten@rostroncarlyle.com.au

 

 

"The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of Rostron Carlyle's legal practitioners who will consider their particular circumstances".

 

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