Guideline 59: Declaration of licensed premises (or part of) as 'not regulated for ID scanning'

Liquor Act 1992 – Part 6AA
Liquor Regulation 2002 – Part 1B

A licensee may apply to have all or part of their licensed premises declared as 'not regulated' for ID scanning under section 173EH of the Liquor Act 1992.

If the Commissioner approves the application, a condition will be endorsed on the licence declaring part or all of the premises as 'not regulated'.

If part of the regulated premises is declared as not regulated:

• the remainder of the licensed premises remains regulated
• the licensee must meet their ID scanning obligations for the regulated parts of the premises
• the licensee must meet their obligations in scanning ID of persons moving into the regulated part of the premises from the unregulated part of the premises.

ID scanning is used to identify and prevent the entry of persons who have a history of alcohol-related bad behaviour and who have been banned from attending licensed venues. Inconveniences, concerns and practical difficulties arising from ID scanning are not usually sufficient reasons to be declared not regulated for ID scanning purposes.

Any application to be declared not regulated is assessed to determine if the integrity of the ID scanning regime is maintained in line with the purposes of the Act and the safe night precinct.

Note: Premises or parts of premises that function primarily as a bar with the service of alcohol will not be considered, such as (but not limited to):

• a bar
• a beer garden
• or
• areas providing live music or adult entertainment.

Applying for an entire premises to be declared as not regulated

Applications for the entire premises to be declared as not regulated will generally not be approved, but will be considered in exceptional circumstances. It will be a matter for the applicant to demonstrate an entire premises declaration would be appropriate having regard to the individual circumstances of the premises. (Note that legislation has already provided for a range of circumstances where persons are exempt, and has identified the types of liquor licence types that are excluded, from ID scanning.)

Applying for part of a premises to be declared as not regulated

Applications may be considered for a part of the premises that is not mainly used for the on-premises consumption of alcohol.

The test for whether a part-premises declaration is appropriate may be influenced by the available facilities and the extent of services (other than alcohol) that set out to, or do, attract patrons to the venue during the regulated times (i.e. gaming-related services and providing meals in an area ordinarily set aside for dining).

In regard to dining areas, the Commissioner will consider if people are attracted to the area specifically on the basis of its food menu and services, as well as the area being set up for and used for dining. These areas must be accessible without travelling through regulated areas for ID scanning.

Likewise, an application may be considered in order to find an appropriate and convenient position for ID scanner equipment to suit the individual characteristics of a venue, to ensure compliance with the Act. Examples may include premises entryways, lobbies, stairwells, lifts and footpath dining areas.

Regulated hours

The regulated hours for regulated premises are the times that the licensed venue is open for business between 10pm and 5am on the following day. ID scanning is not required after the service of alcohol ceases at the end of the approved liquor trading period and while the venue remains open to provide other facilities, such as non-alcoholic drinks or entertainment.

ID scanning is primarily related to the on-premises supply of alcohol and does not generally apply to on-site bottle shops, liquor barns or drive-through bottle shops.