Exemption from the restriction on the sale or supply of rapid intoxication drinks - Queensland

Service summary

A licensed premises authorised to sell or supply liquor between the hours of 12 midnight and 5am may apply for an exemption from the restriction on the sale or supply of rapid intoxication drinks.

An application for an exemption can be for the whole of, or a part of, a licensed premises that is used primarily for the sale or supply of premium spirits. The size of the area in which exempted drinks are to be sold/supplied must not seat more than 60 patrons at any one time and must be able to be defined by permanent or semi-permanent walls/structures.

An exemption may only be granted where the licensee has demonstrated that there will be no adverse impacts on the health and safety of members of the public and local community. Further, details will need to be provided on the types and quality of alcoholic drinks to be sold, how the alcohol will be served under the exemption and how this is different to other types of alcohol.

Service type

Licence

A licence defines the need to obtain recognition / certification and registration to undertake a certain business activity.

Exemptions

Commercial special facility licences relating to casinos and airports, and industrial canteen licences, are exempt from the ban on the sale or supply of rapid intoxication drinks.

Definition of terms

Cocktails
Cocktails are not included in 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 menu (between 12 midnight and 5am)
  • drink is not designed to be consumed rapidly (for example, cocktail shooters are banned)
Rapid intoxication drink
Under section 41B of Liquor Regulation 2002, a rapid intoxication drink is one that is designed to be consumed rapidly or contains a high percentage of alcohol and includes:
  • a drink served in a small glass or container (such as shooters, shots, bombs, test tubes, jelly shots, and other similar drinks)
  • a drink prepared on the premises that contain 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 midnight)
  • any type of drink prescribed by a Regulation.

Eligibility requirements

Must Have

To apply for an exemption you must have a Queensland liquor licence.

Duration

An application for an exemption, if approved, is permanent unless varied, suspended or revoked.

Fees

The OLGR credit card payment authority form can be used for credit card payments of all OLGR fees.


OLGR will not accept credit card details by fax or email, including PDF attachments. If an email is received with credit card details, it will be deleted immediately and your form will not be processed. This is in accordance with the Payment Card Industry Data Security Standard.

TypeAmountDescription
Application$201.90Application for an exemption from the restriction on the sale supply of rapid intoxication drinks

Application

You must submit the following to the Office of Liquor and Gaming Regulation (OLGR):

  • Form 55: Application for an exemption from the restriction on the sale/supply of rapid intoxication drinks
  • a submission addressing section 7 of Form 55
  • a layout plan of the premises/area
  • the application fee.

Note: If you do not submit all items correctly, OLGR may not process your application.


Transfer details

Cannot be transferred.

Additional information


Compliance for licensees

All licensees under the Liquor Act 1992 must comply with the conditions of their respective licences. Read more about compliance for liquor licensees.

Liquor guidelines

A range of liquor guidelines have been developed to help new licensees with the application process and their compliance obligations.

Administering agency

Department of Justice and Attorney-General
Office of Liquor and Gaming Regulation
Licensing Division

Act(s) name

Liquor Act 1992 (Queensland)

Regulation(s) name

Liquor Regulation 2002 (Queensland)

Liquor (Rapid Intoxication Drinks) Amendment Regulation (No.1) 2016 (Queensland)

Contact details

Department of Justice and Attorney-General
Office of Liquor and Gaming Regulation
Licensing Division


Operating address:
63 George Street
Brisbane, Queensland 4000
Mailing address:
Locked Bag 180
City East, Queensland 4002

Phone:

13 QGOV (13 74 68)

Fax:

07 3872 0998
OLGRlicensing@justice.qld.gov.au

Website:

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Supporting information

Disclaimer

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