As featured in the latest edition of QHA Review Magazine
In Queensland, the use of Closed-Circuit Television (CCTV) cameras in licensed venues has become an important tool in maintaining public safety, deterring criminal or antisocial activities and otherwise ensuring compliance with regulatory requirements. The installation of CCTV cameras in licensed venues such as pubs and hotels is mandatory under certain circumstances (for example, local government requirements or specific conditions on a liquor licence) as part of the state’s efforts to maintain a safer nightlife environment. This article explores the legal requirements surrounding CCTV cameras, storage of footage and general recommendations to strengthen your compliance in the event of an incident.
Requirements for CCTV Equipment
If your venue is required to have CCTV, you must adhere to the following (this is not exhaustive):
- CCTV must be installed at each entrance and exit of the licensed venue that provides access for patrons and clearly records all patrons entering or leaving and any interactions between the patrons and crowd controllers/staff;
- CCTV must be operational and recording from 8pm and ending at least one hour after the close of business;
- Signage must be displayed to make patrons aware that CCTV is installed;
- Time stamps must be fixed to any recordings;
- The equipment must be checked no later than 12:30am to ensure it is operating effectively and the details of this check must be recorded in a register; and
- Every six months, the CCTV equipment and related devices must be checked and certified (with the certification to be recorded in a register).
Please note that you are required to stop selling liquor and close the venue if the equipment is not operational between 1am and your ordinary closing time.
Requirements for Storage of Recordings
If you are required to have CCTV, you must also adhere to strict storage requirements as follows (this is not exhaustive):
- The CCTV equipment must be able to store each recording for at least 28 days;
- Any related devices used for storing recordings made by the CCTV must be able to store each recording for at least one year;
- The equipment and any related devices must be able to produce a digital copy of each recording stored;
- The recordings must be stored in a place that is only accessible to the licensee or a person authorised by the licensee;
- The recordings must be kept and available for inspection and viewing by an investigator at all times in line with legislative requirements unless given to an investigator and the investigator has confirmed by written notice that the recording is viewable; and
- Recordings are to be deleted within 30 days after the end of 28 day retention period (or within 30 days after the end of the one year retention period if the recording contains footage of an incident).
General Recommended Actions
In addition to complying with the minimum requirements as set out above, we recommend the following actions which will be to your benefit in the event of an incident and any subsequent investigation:
- Complete a cost/benefit analysis on going beyond the minimum requirements required under legislation (i.e. better-quality cameras, additional cameras at different angles and throughout the venue, retaining footage for longer durations, frequent maintenance and/or upgrades as required);
- Ensure all incidents are recorded in your incident register and it is otherwise kept up to date; and
- Consider performing staff interviews or completing more detailed reports for serious incidents, which you will be able to call upon in the likely event of an investigation.
Conclusion
If your venue is not compliant with the applicable legislation, it is strongly recommended you engage experienced professionals to provide advice that is appropriate and tailored to your venue’s needs to avoid costly penalties and difficult encounters with the Queensland Police Service, Office of Liquor and Gaming Regulation and the Judiciary.
However, even if your venue is not legally required to have CCTV installed, it is strongly recommended this is considered and implemented to contribute to public safety, deter criminal or antisocial behaviour and otherwise protect your business operations from any potential legal ramifications or future legislative changes.
Please don’t hesitate to contact me on 07 3224 0230 if I can assist you with this.
