The Supreme Court of Queensland has upheld the state ban of glass.
The State Government had brought in new laws last month allowing it to ban the use of regular glass in places where a "glassing" resulting in injury has occurred in the past 12 months.
The day after the laws were enacted, the Government issued show cause notices to 74 venues.
Subsequently thirteen pubs and clubs sought an injunction against Show Cause notices issued to them asking them why they should be allowed to serve drinks in standard glasses from December.
They had all received notices labelling their venues "high risk," and ordering them to replace ordinary glasses with plastic or tempered glass by December. But, they argued, they had not been given adequate reasoning as to why the "high risk" tag had been applied to them - thus they were in no position to respond suitably.
The government said it was concerned about a rise in alcohol-related violence and asserted that introducing plastic cups would reduce injuries.
In a judgment delivered this morning, Justice Peter Applegarth agreed the forms were "bereft of information" and raised serious questions about the government's processes.
He said it appeared the government "knew next to nothing about each (glassing) incident before it issued the notices."
He also used an example of a venue which could be deemed high risk - and therefore open to glass bans - even if a glassing attack occurred outside the premises by a person who had simply been passing by.
However he said the amount of information provided to the licensees in the notices was enough to satisfy the conditions set out in the legislation.
A further hearing on the matter will be scheduled for a date to be set.
Justin O'Connor from the Queensland Hotels Association says more responsibility should be put on the patrons themselves.
"We think that it's about time that increased focus was put on the small number of people who choose to break the law when they're in an entertainment setting," he said.
"We should focus a little closer on the responsibilities and obligations and accountability of the patrons as well as on the licensee side."