Section 100 of the Liquor Control Act 1988 makes it an offence for a licensee who fails to have an approved manager present at licensed premises any time business is conducted. This obligation can be waived by the Director but is otherwise punishable by a $10,000 fine.
But what happens when the approved manager calls in sick, wants a holiday or has to leave the licensed premises in an emergency? While many licensees have multiple approved managers to account for such situations, a licensee with a sole approved manager should still be able to comply.
Section 100(3) authorises a licensee to appoint a person as a manager for not more than seven days even if that person has not been approved by the licensing authority or completed the required training. Furthermore, if the person appointed as a temporary manager by the licensee has been approved as a manager of any licensed premises in the previous two years and has not had that approval withdrawn, they may be appointed for up to 30 days without having to seek authorisation from the licensing authority.
In the event a licensee appoints an interim manager for seven days or less, the only restriction is that the person appointed must not have been deemed to be unfit or improper to manage licensed premises by the licensing authority in the past.
When appointing an interim manager, the licensee should ensure the nominated person is fully aware of the appointment and its consequences. There needs to be a conscious and deliberate exercise of appointing the interim manager. It is prudent to record the appointment in writing as a self serving exercise for the licensee.
In a related matter, licensees should note that the licensing authority has recently extended the amnesty period in which licensees must ensure all secondary approved managers have completed the course in liquor licensing, from 31 December 2010 to 30 April 2011.
If you have any other queries about appointing or applying to become an approved manager, please do not hesitate to contact:
Dan Mossenson, Partner on (08) 9288 6769 / dan.mossenson@lavanlegal.com.au or
Alec Weston, Solicitor on (08) 9288 6873 / alec.weston@lavanlegal.com.au.
Christmas update
We trust that you have enjoyed the liquor licensing updates from our team throughout 2010 and that you have found these to be both informative and practical.
We will be taking a short break from Liquor Snapshot over Christmas and will return in late January 2011 with more articles for you and your business.
If there are any specific areas which you would like us to consider for future editions of Liquor Snapshot, please do not hesitate to contact us and we will do our best to cover those areas in 2011.
We wish you and your families a safe and happy Christmas season.
