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 standard hours of trade, can be submitted to The Authority.

Discussion What does the term ‘Harm Minimisation’ mean to you? Refer to page 29.

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; 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 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 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 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

Mandatory signs p44 Sign 1 & 5 Sign 2 Minors not to be served liquor incl: all Internet liquor sales Bar areas of hotels and clubs

Mandatory signs Sign 3 Sign 4 Minors Area Authorisation - hotels Breath testing sign – all premises 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?