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ARTICLE · 03 NOVEMBER 2009

Extended Trading Hours Moratorium In Queensland

On 16 September 2009, the Queensland Premier announced a 12-month moratorium on all applications for extended trading hours between midnight and 5am.

AustraliaConsumer Protection

Article by Tom Young and Louise Bell

On 16 September 2009, the Queensland Premier announced a 12-month moratorium on all applications for extended trading hours between midnight and 5am.

According to Premier Bligh, the moratorium (which is effective from 16 September 2009 to 15 September 2010 with the possibility of a three month extension) will remain in place pending the outcomes of the Law, Justice and Safety Committee's inquiry into alcohol related violence, which is due in March 2010.

The moratorium, which has been effected through amendments to the Liquor Act 1992 (Qld), applies to all existing extended hours applications before the Office of Liquor and Gaming Regulation (OLGR) or a court or tribunal as at 16 September 2009.

At the time the moratorium was announced Premier Bligh stated that there were 130 applications before the Liquor Licensing Commission seeking to extend trading hours after midnight and said that:

"[i]t would make a mockery of the work of the parliamentary committee if these applications were considered, and in many cases approved, only to find that the parliamentary committee recommended a different regime for late opening...[The applications] are for pubs in local suburbs where I do not believe the community expects to see these sorts of late hours."

It is important to note however, that the restrictions on making extended trading hours applications do not apply to premises in an extended trading hours precinct.

The OLGR states that moratorium will not affect existing trading hours of current licensees or applications for one-off events such as special functions such as weddings and birthdays.

The OLGR also advises that anyone that has lodged an application for approval to extend trading hours beyond midnight has the choice to either leave their application in abeyance pending the expiration of the moratorium or withdraw their application, in which case the applicant may seek a refund of the application fee.

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