Licensing NT newsletter: April 2024

After a long and decorated career within the legal and licensing world Director of Liquor Licensing, Phil Timney has signed off for the final time.

FAREWELL

By the time you are reading this I will have swanned off into retirement, effective from 31 March 2024.

My initial exposure to Licensing NT was when an opportunity to become the legal member of the Licensing Commission and Racing Commission presented itself in 2006 and I took the plunge. Those Commissions dealt with a wide range of industries including liquor, gaming machines, private security guards and even prostitution. Corporate bookmakers were also starting to emerge at that time and the Racing Commission was the body responsible for the licensing and regulation of the corporate bookies.

At the time it was a relatively small industry with only a handful of corporates licensed to conduct online wagering in Australia. The landscape changed very rapidly and I was fortunate to have a front row seat as the bookmaking game changed from a few betting shops and the TAB betting or betting with a bookmaker at the race track to betting via an app on a mobile phone, including betting on sports as well as horse and greyhound racing.

I thought I had landed in my forever job and that I would continue in the Commission role up to retirement. However, Government had a different plan and abolished the Licensing Commission straight after the 2014 election. I stayed with Licensing in the role of in-house counsel until early 2019 when I returned to Solicitor for the NT to see out the final year of my executive contract. I had agreed with my CEO that there would be no extension of my contract and that I would swan off into retirement in early 2020.

In another curious twist of fate, my CEO asked if I could fill in as Director of Liquor Licensing while the recruitment action was being undertaken. I agreed to the temporary transfer thinking I would hold keep the seat warm until my planned retirement in April 2020 when my contract expired.

Pretty much at the same time as I returned to Licensing NT the brand new Liquor Act was introduced. I was fortunate to have been asked to assist with the development of the legislation and it was great to be in the Director’s chair when all the hard work came to fruition.

Similarly, in my last month the Racing and Wagering Bill was introduced and passed by the Legislature. The new Act provides a modernisation that takes account of the way the bookmaking business is now conducted via betting apps and the like. It was a pleasure to be in Parliament House when the Bill was debated and passed.

I am leaving the office in good hands with Senior Director Racing and Gaming Mel Garde stepping into the Executive Director role, ably supported by Senior Director Liquor Michelle Ganzer. Recruitment action is underway to backfill Mel’s former position.

While I am extremely proud of the achievements over my career I must emphasise that none of them would have been possible without the support of my numerous directors and CEOs. And equally as important, they would not have been achieved with the fabulous staff that have worked for me over the years. I sincerely thank all of you.

My time in the Northern Territory has been one hell of a ride over the past 43 years in the NT. I would not have missed a day of it even if I could. I am remaining in Darwin post retirement and looking forward to the next chapter as a Senior Citizen!!

Philip Timney

Director of Liquor Licensing

The Racing and Wagering Bill 2024 was debated in the Northern Territory Legislative Assembly on Thursday, 21 March 2024, and was subsequently passed. It is intended that the Racing and Wagering Act 2024 (Act) will commence on 1 July 2024.

The Bill introduces a new regulatory framework for the wagering industries and ensures that the thoroughbred and greyhound racing continue to operate with a high level of honesty and integrity, while recognising that the welfare of the animals involved is paramount to the ongoing success of the industries, and the continued public support for them.

A link to the Bill can be found - Legislation Database (nt.gov.au)

Should you have any further questions regarding this, please call on 08 8999 5495.

Mel Garde
Senior Director Racing and Gaming

It has been a busy period for liquor licensing and compliance over the last couple of months which has included extending and reviewing liquor permits, development of a compliance program and getting ready for the 2024 dry season events.

As most of you are aware, I joined Liquor Licensing & Compliance in May 2023.  It has been non-stop since I commenced.  It has been a busy period for Liquor Licensing & Compliance over the last couple of months, highlights include:

Liquor permits

• New restrictions of liquor permits in Wadeye

• Extension of current restrictions of liquor permits in Nhulunbuy
• Review of liquor permits in Groote Eylandt.

Compliance program 2024-2026

• Development of a compliance program and schedule of remote travel for the compliance team.

Interim Alcohol Protected Areas and General Restricted Areas

• A new team has been established in central Australia to drive work with Department of Health to assist communities either opt-out of interim Alcohol Protected Areas and develop General Restricted Areas.

Hospitality NT to manage liquor accords

• Hospitality NT have been engaged to provide secretariat services to run the ACCORD meetings across the Territory for the 2024 period.  If you are not a member and would like to be part of your local liquor accord, contact Email: admin@hospitalitynt.com.au or call (08) 8981 3650.

2024 dry season applications

Please note that Licensing NT require 4 weeks to process a liquor licensing application especially for special and major events.  We can do so in a much tighter turn-around, but it attracts a $560 application fee.  As the dry season approaches, and applications increase, please be mindful that if you submit your application late your application fee will be significantly higher accordingly.  If your application is submitted with less than one week’s notice, it may be declined.

Understanding your obligations under the Liquor Act

We have a team of compliance officers that are happy to assist licensees and nominees in understanding their obligations under the Act.  If you feel like you could use a brush up on the Act and an educational session would assist you, do not hesitate to contact our office.

And lastly, I would like to thank the licensing and compliance teams across northern and southern regions for their extensive experience and stewardship since I have commenced.  It is indeed a resourceful and agile team.  My thanks also to Phil for his guidance and yoda-like approach to liquor regulation.  He will be dearly missed indeed, and I wish him all the best in his retirement.

Michelle Ganzer
Senior Director, Liquor Licensing & Compliance

Licensees and their employees are reminded that they must promote alcohol responsibly.

The Liquor Commission has established Code of practice for the responsible advertising and promotion of liquor PDF (823.9 KB) and a Code of practice for responsible advertising and promotion of liquor - guidance note PDF (305.5 KB).

To find out more, on Liquor Commission publications.

Senior Compliance Officers, Liquor, Gaming & Racing (SCO’s) at Licensing NT, are required to get out and about throughout the Northern Territory to undertake remote onsite inspections, audits or following up on complaints and or potential breaches.

Travelling remotely through the Territory has its own mix of interesting travel hazards when it comes to getting around. The tyranny of distance isn’t even the most challenging part of remote travel.

In the Top Ends Wet Season, we may have multiple weather systems or cyclones move through the regions which are then likely to dump massive amounts of rain. So SCO’s need to plan their trips accordingly and be very conscious of flooded or washing out roads. Many of the areas our SCO’s need to get to are occasionally isolated by flood waters or damaged impassable roads, add to this, very high temperatures, humidity and a million FLIES!

In Central Australia, they too occasionally have to deal with flooded, washed out  or very long dusty dirty roads, as well as hot dry heat and ….yes…. FLIES!

So a lot of detailed planning goes into organising travel by our SCO’s to ensure they are safe and can get the best out of their time on the road.

Gove Peninsula

In mid-March two of our Darwin based Senior Compliance Officers (SCO), Jeff Paull and Jessyca Herrera Herrera (Jess), undertook some remote travel and flew to the Gove Peninsula.

These officers undertook onsite and late night audits and inspections, talking with nominees and workers about their obligations and discussed some of the issues the venues might have been experiencing.

Although the visit was to carry out the liquor inspections, it was also a wonderful opportunity to introduce one of our newest SCO’s, Jess, to the licensed venues of Nhulunbuy.

Jess, who has worked for Licensing NT for almost 2yrs, joined the Liquor Compliance Team in February 2024 bringing a wealth of experience over with her from the Casino Compliance Team.

As for the perils faced by these SCO’s when they travelled? Thankfully, both Jeff and Jess returned to Darwin from Gove just days before severe Tropical Cyclone Megan formed in the Gulf of Carpentaria and went onto wreak havoc through the Gulf country.

Katherine Region

In other travel news, one of our Katherine SCO’s, Lori McIntyre, and our Darwin Compliance Officer, Bianca Argoon, also undertook some travel, this was in the Katherine Region.

After flood waters had subsided, from a previous low system, to safe levels they organised a visit to the Top Springs Hotel, 290km south west of Katherine down the Buntine Highway.

They still had to travel through some very muddy patches and in some areas water was still over the Buntine Highway, but they navigated this with expert precision in a fully equipped 4 x 4.

They followed this up a week later by travelling down to the iconic township of Larrimah, 180km south of Katherine along the Stuart Highway. Popping into the Mataranka Hotel on the way back to Katherine. They undertook inspections and had some interesting informative discussions with licensees and nominees.

As for Bianca and Lori’s travels? The flooded roads, hot and humid inland temperatures and FLIES did not get the better of them, in fact, I’m led to believe at least one of them enjoyed entertaining the other with her singing and awesome passenger seat dance moves to bide the time, but even with all of this to contend with….. They too, returned from their travels safe and well.

Licensing NT has recently welcomed a number of new staff members to our teams in Darwin and in the regions.

Most are still undergoing training to bring them up to speed with the procedures and processes within the department.

Please be patient with them if you are speaking or dealing with them, they are all striving to learn and they are all dedicated to providing a professional service.

A list of disciplinary matters from February 2024 to March 2024 is now available.