Legislative Framework

Report
Element 2
Legislative framework for the responsible service of
alcohol.
Types of NSW liquor licences
•Hotel licence (including general bar licencee);
•Club licence;
•Packaged liquor licence;
•On-premises licence;
•Producer/Wholesaler licence;
•Limited licence.
p26
Trading Hours
•Monday – Saturday 5am-midnight
•Sunday – 10am-10pm
•Licenced Premises
•Registered Clubs
•Applications to extend the standard
hours of trade, can be submitted to The
Authority.
p29
Discussion
What does the term
‘Harm Minimisation’ mean
to you?
Refer to page 29.
Harm Minimisation
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.
p30
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
•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.
p30
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
•
Maximum Penalty – up to $22,000
•
Temporary Closure Orders –
up to 72 hours / up to 6 months
•
Entry Curfews – voluntary or imposed
p32
Intoxication
p32
Under the liquor laws an intoxicated person
1. cannot be admitted; or
2. allowed to remain in a licensed venue; or
3. nor can they be served liquor.
There are two key intoxication offences in the NSW liquor laws:
1. permitting intoxication; and
2. 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
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.
p36
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
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
p34
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
•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
p34
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 penalties involved
Minors and the maximum penalties involved
p38-41
$11,000 / 100 pu
12mths gaol
Adult – Supplying liquor to a minor
Adult – 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 sale
Refer 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: Complete the
activity ‘Evidence of Age’
on page 42.
Activity: Evidence of Age
Approved 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 Card
Source: NSW Liquor Act 2007
NSW PROOF OF AGE
(valid till 14 Dec 2008)
NSW RTA PHOTOCARD
NSW DRIVERS LICENCE
Birth Card
Acceptance
of ID
•Birth date
•Photo
•Signature
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 produced
from 1996
Sign 1 & 5
Bar areas of hotels and
clubs
Minors not to be served
liquor incl: all Internet
liquor sales
Mandatory signs
p44
Sign 2
Sign 3
Breath testing sign – all
premises
Minors Area Authorisation hotels
Mandatory signs
p45
Sign 4
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?

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