Element 2 Legislative framework for the responsible service of alcohol.
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Transcript of Element 2 Legislative framework for the responsible service of alcohol.
Types of NSW liquor licences p26
•Hotel licence (including general bar licencee);
•Club licence;
•Packaged liquor licence;
•On-premises licence;
•Producer/Wholesaler licence;
•Limited licence.
Trading Hours p29
•Monday – Saturday 5am-midnight
•Sunday – 10am-10pm
•Licenced Premises
•Registered Clubs
•Applications to extend the standardhours of trade, can be submitted to TheAuthority.
Harm Minimisation p30
The minimisation of harm associated with misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). Harm minimisation is a primary objective of the legislation.
Harm Minimisation – 4 Levels of Attack
1. Laws
2. Legal Enforcement
3. Industry Initiatives
4. Individual venue strategies
Major Reasons for Refusing Service
1. Intoxication
2. Not allowing violent or quarrelsome conduct
3. Cannot serve a minor
Disturbance Complaints p30
•A complaint about undue disturbance;
•Stem from serious problems relating to the management and operation of the venue,
• violent, • anti-social or • criminal activity;
•Conditions can be imposed.
Disciplinary Complaints p31
• Breach of licence condition;
• Licence not exercised in the public interest;
• Intoxicated persons;
• The licensee / manager has engaged in activities likely to encourage liquor abuse; and
• Acts of violence involving patrons.
Maximum Penalty – up to $22,000
Disciplinary Complaints – Possible Outcomes p32
• Maximum Penalty – up to $22,000
• Temporary Closure Orders – up to 72 hours / up to 6 months
• Entry Curfews – voluntary or imposed
Intoxication p32
Under the liquor laws an intoxicated person
1. cannot be admitted; or 2. allowed to remain in a licensed venue; or3. nor can they be served liquor.
There are two key intoxication offences in the NSW liquor laws:
1. permitting intoxication; and2. serving liquor to an intoxicated person.
Section 73 (Part 5) (1) Liquor Act 2007: Maximum Penalty 100 penalty units
There is no statutory defence or mitigating steps available for the
offence of serving liquor to an intoxicated person.
Discussion
How am I supposed to know if someone is intoxicated? After all, I can be prosecuted for intoxication offences.
Intoxication Defined p36
For the purposes of the liquor laws, a person is considered to be intoxicated if:
• the person’s speech, balance, coordination or behaviour is noticeably affected, and
• it is reasonable, in the circumstances, to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor.
Intoxication Defined
Speech - Slur words, talk in rambling or unintelligible sentences, are incoherent or muddled in their speech.
Balance - Are unsteady on their feet, stumble or bump into people or objects, sway uncontrollably or cannot stand or walk straight.
Coordination - Fumble to light a cigarette, have difficulty in counting money or paying, spill or drop drink, have difficulty in opening or closing doors.
Behaviour - Become rude, aggressive, or offensive, are unable to concentrate or follow instructions, become boisterous or pester others.
Intoxication and the Law
A degree of judgement is still required by licensees, serving staff and security officers in determining whether a person is intoxicated, or approaching the point of becoming intoxicated;
To avoid prosecution for the offence of permitting intoxication - You need to show that you have taken Relevant or Reasonable steps to prevent intoxication;
Relevant Steps p34
Step 1: Refuse service to the intoxicated person
Step 2: Ask the intoxicated person to leave the premises
Step 3: Offer Assistance
Step 4: Contact the police for assistance in removing the person
Step 5: Record the incident in a log book
Incident Recording & Log Book p36
To protect yourself: the following incidents should be
recorded:• Arguments with a customer or between customers, suspicious
or anti-social behaviour;
• Refusal of service to minors, intoxicated or disorderly patrons or
breaches of house policy;
• Removal of persons from the premises for any reason;
• Accidents, near misses to employees and patrons;
• Theft or damage to property, employees or patrons;
• Refusal of offer for safe transport.
Strategies p34
•Sufficient employees on duty
•Employees have completed an approved RSA course
•Availability of food
•Non-Alcoholic products available
•Low-Alcoholic products available
•House Policy
•Continued education
Other Strategies: Voluntary Exclusions p37
Whereby people with a drinking problem can exclude themselves
from a licensed venue;
Similar to people with gambling problems;
Part of the liquor accord;
Licensees obligated to comply.
Other Strategies: Fail to Leave p37
Patrons can commit an offence where they are drunk or disorderly and refuse to leave the premises, or the vicinity of the premises, when asked to by police or venue staff.
The vicinity – 50 metres
Penalties of $5,500 fine or 50 penalty units
No re-entering or attempting to re-enter:
•6 hours
•24 hours
Refer: Section 77 (Part 5) Liquor Act 2007
Other Strategies: Banning orders p38
Where a person has been excluded from a
licensed premises for being drunk, violent
or disorderly an application can be made
by a licensee, who is a member of the
local liquor accord, to the Authority for the
person to be barred for up to six months.
Refer: Section 78 (Part 5) Liquor Act 2007
Minors and the maximum penalties involved p38-41
$11,000 / 100 pu12mths gaol
Adult – Supplying liquor to a minorAdult – Selling liquor to a minor
$1,100 / 55 pu Minor – purchasing/drinking liquor in a licensed venue
$2,200 / 20 pu Minor – attempting to purchase and drink on licensed premises
$5,500 / 50 pu Minor serves liquor without approval
$2,200 / 20pu Adult (Licensee/employee) requests a minor to take delivery of a remote saleRefer to Section 114 (Part 6) (7)
$5,500 / 50 pu Licensee is liable if a minor is found in a bar area of a premises
Refer to Section 117 (Part 7) Liquor Act 2007
Minors - Second Party Sales p38
A person purchases liquor on behalf
of a minor is committing an offence.
$11,000 or (1100 penalty units) and / or 12 months imprisonment
Refer: Section 117 (Part 7)(6)
How old were you when you had your
first alcoholic drink?
How did you obtain it?
Activity: Evidence of AgeApproved forms of ID:
1.Photo Card issued under the Photo Card Act 2005
2. Motor Vehicle or Rider’s Licence (Australian or foreign)
3. Passport (Australian or foreign)
4. Birth CardSource: NSW Liquor Act 2007
Checklist for evidence of age p43
Check the photo Does it match the person?
Check the birth date Does it confirm the person is over 18 years?
Check for any alterations Have any numbers been altered – particularly the last digit of the date of
birth?
Check the hologram For NSW proof of age cards producedfrom 1996
Mandatory signs p44
Sign 1 & 5 Sign 2
Min
ors
not
to b
e s
erv
ed
liq
uor
incl
: all
Inte
rnet
liqu
or
sale
s
Bar
are
as
of
hote
ls a
nd
cl
ub
s
Mandatory signs
Sign 3 Sign 4
Min
ors
Are
a A
uth
ori
sati
on
-
hote
ls
Bre
ath
test
ing
sig
n –
all
pre
mis
es
p45
Summary p48
Trading hours remain the same.
Key Agencies have the right to impose various sanctions against a venue including: penalties, closure orders and entry curfews.
Intoxication is illegal and you must be pro-active in recognising and managing the situation before it gets out of control.
Patron management extends to voluntary exclusion and being banned.
Serving and / or selling alcohol to minors is illegal ensure you correctly check all forms of identification.
Look out for the new signage.
Revision Questions
1. What signs might tell you a person is intoxicated?
2. What are some acceptable forms of ID?
3. What is the maximum penalty for serving alcohol to a minor?
4. What are four things you must check on any form of ID?
5. What are some legal reasons why you can refuse to provide service of alcohol?