Questions about Homebrew Legality in Queensland

[Droopy Brew]

And the ATO is the least of his concerns...

 

[Danscraftbeer]

Home brewing was legalised in Australia under Prime Minister Gough Whitlam's Labor government in 1973 – in fact, the home-brew law was one of the very first among a raft of new legislation introduced by the highly reformist regime. Before that, it had been legal to make beer at home but only if it was around 1 per cent alcohol (in other words, gnat's bladder weak).

The exact wording of the new law introduced under Whitlam allows home brewers to make 22 litres of beer per week

at how much %? Gotta get these details yunno. :chug:

edited: because of something wtf?

 

[Ducatiboy stu]

And the ATO is the least of his concerns...

Says you

 

[LAGERFRENZY]

So any Commercial Event Organiser is going to seriously compromise his/her Public Liability Insurance responsibility to cover for an unliscensed and unregulated Alcohol provider. Standing behind and dispensing these 20 Kegs are either Santa's helpers or fully paid staff members who are also required to be covered by OHS and Workers Compensation provisions. If you do have 20 kegs then you can afford the advice of a Solicitor. Most sober ones would strictly advise you to get your hand off it.

 

[evildrakey]

You are missing the point


The Op is going to do it out in the open at a public event......

It's not fully public - it's a hobby club. Still need membership and conform to club's rules...

 

[Liam_snorkel]

this makes me wonder what homebrew clubs do when they hire venues. there's a membership fee, and 'free' grog. Maybe shoot an email to BABBs or something?

 

[Ducatiboy stu]

It's not fully public - it's a hobby club. Still need membership and conform to club's rules...

Is it ONLY for club members ?

Is it part of another event

 

[droid]

you have to find out through the relevant authorities - there's a lot of questions and *scenario's, I'd be asking myself about possible consequences of filling cups with alcohol in them

it might be as simple as getting a weekend license to serve alcohol at an event, Yob has gone through it here in VIC...

let us know what you do and how it goes eh

it is a pity we can't just set-up and do these things but *it just takes one person to start a drunken fight or throw up on some coppas boots or get food poisoning from the fish they had the night before but blame it on your beer, someone underage get run over on their way home drunk - hope for the best, expect (and plan) for the worst

 

[Mardoo]

Yep, droid's right. You have to talk to whomever controls alcohol licensing up there. If word gets out that you've been doing something they consider to be against the law they'll bend you over, reach far up your ass, and extract a few thousand dollars. They can also ban you from the liquor industry for life, so if you've any dreams of brewing professionally they can take that away from you. So, make a few phone calls, or bend over and open wide. Up to you.

However this thread COULD be helpful in working out how you're going to phrase things, which is very, very important when dealing with regulating bodies.

 

[droid]

QLD specific

https://www.business.qld.gov.au/industry/liquor-gaming/liquor

 

[droid]

looks like here (VIC) at least you'd need a club licence

http://www.vcglr.vic.gov.au/home/liquor/new+applicants/select+the+right+liquor+licence/select_the_right_club_licence

 

[Ducatiboy stu]

If you are holding the function at a private premises, not selling it, you would be OK

If your are in a public place and are, in general, part of an event ( or even associated with an event ) then you will need licencing ( regardless if only "Members" are drinking the beer )

As far as Excise goes, you will have to pay, and its not simply a matter of going to the ATO and saying " I have 200ltrs of beer at 5%, how much excise do I need to pay " The ATO are anal about excise and your gear for measuring volume will NEED to be calibrated by a NATA lab.

 

[wide eyed and legless]

Guideline 31 Gratuitous supply of liquor (QLD)

 

[MaltyGoodness]

Check the "Community liquor permit - Queensland"

"Community liquor permits are often required by unlicensed organisations who wish to sell or supply liquor on a temporary or one-off occasion. These permits are often used for school fetes, rodeos and sporting events in Queensland only."

Details here - https://ablis.business.gov.au/qld/pages/65877070-5fa4-49de-be98-c0b9deb0691a.aspx

Online application - https://secure.olgr.qld.gov.au/forms/clp

 

[wynnum1]

If you are charging entrance fee then it would be a business or undertaking and would come under workplace health and safety laws you are a PCBU..


A PCBU is the legal entity operating a business or undertaking. A PCBU may be an individual person or an organisation conducting a business or undertaking.

 

[Yob]

QLD may be different but.

to do similar here, we need a temporary liquor licence, and our own public liability insurance, we were not covered by the event organisers.

If it's a ticketed event, it comes under "implied sales" and you will require a temp licence to serve, all serving needs to be done by RSA certified people, you need to display the Liquor Licence and you also need to have on offer free water.

 

[Killer Brew]

Check the "Community liquor permit - Queensland"

"Community liquor permits are often required by unlicensed organisations who wish to sell or supply liquor on a temporary or one-off occasion. These permits are often used for school fetes, rodeos and sporting events in Queensland only."

Details here - https://ablis.business.gov.au/qld/pages/65877070-5fa4-49de-be98-c0b9deb0691a.aspx

Online application - https://secure.olgr.qld.gov.au/forms/clp

lol at school fetes

 

[Ducatiboy stu]

You are still going to have issues with the "production side of things"

You have produced beer ( or any excisable product ), so the ATO will want its cut.

You will find those permits are more in line with sale/supply of commercial beer which has already had excise paid, not homebrew. You could say that you are selling store bought beer, bit if you get caught, all sorts of **** will go down

And it only takes one bloke to see you do it.

Its not a simple case of " We are just giving it away, so it should be legal "

 

[Ducatiboy stu]

Guideline 31 Gratuitous supply of liquor (QLD)

This is more geared to a Licensed premises that wants to remain open after trading hours to serve Alc for a private function. The OP wont be using a "Licensed " premises per-say

The Commissioner for Liquor and Gaming may approve a part or parts of the licensed premises, which are ordinarily used for the business of the licence, as an area in which gratuitous supply may be allowed to take place after approved trading hours.
The types of circumstances that would be considered for approval on specific occasions are when the licensee can demonstrate that a special event, such as a staff party, is planned or the licensee is hosting a private function with friends or family.
Re-issued 24 January 2013
(Issued 17 May 1999; re-issued 27 August 2001; re-issued 22 May 2009)

 

[Bomber Watson]

Maybe contact craftbrewer, how they ran the Queensland homebrew conference wasn't all that different to what the op is proposing, gave away home brew to ticket holders on several occasions.

Cheers.