Liquor Licensing - Late Night Trading Code changes

The amended Late Night Trading Code of Practice will commence on 1 November 2023 with a one- month transition period meaning compliance is required by 1 December 2023.

A copy of the amended Code is available here.

The amended Code clarifies that:

• sale, supply or advertising of “shots” is prohibited after 2am;
• drink marshals are only required after 2am on Saturday, Sunday and public holidays;
• drink marshals are authorised to intervene with a visibly intoxicated person as well as anyone behaving in a disorderly, abusive or violent manner;
• metal detectors can only be operated by licensed security agents; and
• CCTV recordings must be of adequate quality and detail to enable identification and recognition of a person.

All other obligations under the Code remain the same, including in particular the existing 3am “lock out” restrictions.

The Liquor and Gambling Commissioner has indicated that staff from Consumer and Business Services and SAPOL’s Licensing Enforcement Branch will be monitoring these changes closely.

As such, licensed pubs and clubs affected by the Code should review their policies and procedures to ensure compliance with these latest changes.

The Liquor Licensing, Hospitality and Gaming Law Team at Clelands are always available to assist you with any of your legal requirements. Contact Rinaldo D’Aloia, Patrick Connelly or Phil Foreman for advice, either via email or by calling 8177 5888.