Professional Documents
Culture Documents
• minimising the harm associated with misuse and abuse of liquor (including harm arising from violence and
other anti-social behaviour),
• encouraging responsible attitudes and practices towards the promotion, sale, supply, service and
• consumption of liquor,
• ensuring that the sale, supply and consumption of liquor contributes to, and does not detract from, the
amenity of community life.
Vicarious Liability
Reducing Demand
The size, style, location, accessibility, social and professional nature of a business as well as other demographic
factors will determine approvals for liquor licenses
Reducing Supply
General areas and specific locations within the community will be identified where licensed venues or specific
types of liquor outlets will be discouraged.
Reducing Harm
A key strategy in harm reduction is to challenge the culture of alcohol consumption. Government policies and
strategies are used to target the reduction of alcohol related harm. Many authorities have introduced Responsible
Alcohol Codes of Practice and require venues to establish house policies and follow responsible service of alcohol
policies.
National drug strategy
The National Drug Strategy, a cooperative venture between Australian, state and territory governments and the
non-government sector, is aimed at improving health, social and economic outcomes for Australians by preventing
the uptake of harmful drug use and reducing the harmful effects of licit and illicit drugs in our society.
The National Drug Strategy 2010–2015 identified drug-specific priorities for 2010–2015: Cause of significant
harms in the community.
An estimated 813,072 Australians aged 15 years and older were hospitalised for alcohol-attributable injury and
disease over the 10-year period 1995–96 to 2004–05.
The direction provided by the National Drug Strategy 2010–2015 has led to widespread implications across all
state/territory governments, with changes to licensing laws in each region adapted to include harm minimisation
as one of the primary objectives to control the sale, supply, provision and consumption of alcohol.
• The legislative framework for serving and selling alcohol in Queensland, Northern Territory, South
Australia and Western Australia.
The law also restricts who can consume alcohol (e.g. young people or intoxicated patrons), the hours of trading
and the types of businesses which can sell liquor.
While differences exist in liquor licensing legislation across Australia, there are common themes across all
jurisdictions.
Liquor Legislation controls:
Licensees and staff of licensed premises have a range of obligations to their patrons under the relevant
state/territory liquor legislation.
Queensland - legislative framework
The legislation governing the sale and supply of alcohol is:
The legislation identifies who when and how alcohol can be served.
Who — alcohol may not be served to minors, unduly intoxicated or disorderly people.
When — alcohol may be consumed during the trading hours on licenses.
How — alcohol may be sold e.g. authorities related to different licence types.
Under the Liquor Act 1992 it is an obligation of licensees and permittees to:
• Maintain a safe environment for patrons and staff of the relevant premises; and
• Ensure liquor is served, supplied and promoted in a way that is compatible with minimising harm to
anyone; and
• Preserve the amenity of the area in which the relevant premises are located.
Penalties apply to people that do not comply with the legislation. The penalties range from a fine to the suspension
or cancellation of a liquor license.
Queensland – additional training requirements
RMLV Training - Responsible Management of Licensed Venues (QLD)
It is mandatory for Liquor Licensees (if individuals), Approved Managers and some Permit Holders to have a
current Responsible Management of Licensed Venues (RMLV) certificate.
• keep copies of current training course certificates or statements of attainment for staff
• make copies available at the premises for inspection by:
• an Office of Liquor and Gaming Regulation (OLGR) compliance officer
• members of the Queensland Police Service
Offence
Licensee/permittee fail to keep/produce copies of approved manager's/licensee's current training and course
certificates can result in a $1219 fine.
Northern Territory - legislation
The legislation governing the sale and supply of alcohol is:
Licensees have very heavy and strict obligations under the Liquor Act (NT) and their liquor licenses in respect to
the sale and supply of alcohol (see Part IV of Liquor Act).
The most significant obligation is under section 102 which states:
“A licensee or an employee of a licensee must not sell or otherwise supply liquor to a person who is
drunk.”
Northern Territory – additional training requirements
Responsible Service of Alcohol (RSA) certificates for staff involved in the service of alcohol are compulsory in
the Northern Territory, in line with the rest of Australia.
Staff are required to be RSA trained within one month of employment.
Any certificate for SITHFAB002 Provide responsible service of alcohol is acceptable in the Northern Territory.
South Australia - Legislation
The legislation governing the sale and supply of alcohol is:
It is an offence under the Liquor Licensing Act 1997 to sell or supply liquor to a person who is intoxicated. An
offence may be committed by the licensee, responsible person and the person by whom the liquor is sold or
supplied.
http://www.cbs.sa.gov.au/assets/files/Intoxication_guidelines_WEB.pdf
A licensee must establish and maintain appropriate practices to minimise undue offence, annoyance,
disturbance, noise or inconvenience to people who reside, work or worship in the vicinity of the licensee’s
premises.
The Code of Practice under Section 42 of the Liquor Licensing Act 1997, provides that a licensee has an
obligation to minimise the amount of:
• offence
• annoyance
• disturbance
• noise or
• inconvenience
to people who live, work or worship in the vicinity of licensed premises, which result from activities on a licensed
premise or the conduct of people making their way to or from licensed premises.
Hospitality Institute of Australasia © Page 5 of 80
A Responsible Person
A Responsible Person is a person approved by the licensing authority, issued with a photo identification
badge indicating that they are approved as a responsible person under the Liquor Licensing Act 1997.
Licensee must submit application to get a badge for the person.
Requirement to Wear an Identification Badge
A Responsible Person must wear an identification badge at all times while on duty. Badges must be worn in a
prominent position. It is suggested that they be worn at breast pocket height.
Licensees have an obligation under the Liquor Control Act 1988 to:
• can enter a licensed venue at any time (with or without a police officer) if it is considered reasonable
grounds exist that a breach has been, or is being, committed;
• can require the licensee/secretary to produce all books and records relating to the operation of the
venue;
• can seize documents and make copies or take extracts from them;
• can request identification from someone suspected of being under 18;
• can interview any person at the venue in relation to any relevant matter.
The Police
NOTE: a person may decline to answer a question if the answer would tend to incriminate the person of an
offence.
Licence Document
Businesses that sell, serve or provide alcohol are categorised into specific licence types and have restrictions
placed on the hours they can operate.
Each licence type has its own characteristics and legal requirements.
The licence document generally contains details of:
It is important for staff to know the type of licence under which the premises operate to understand the way in
which liquor may be sold or supplied within that business.
Penalties apply to licensees and staff responsible for breaching a licence condition.
Opening & Closing Hours
The licence document contains the hours within which the business may sell liquor.
The business may only sell liquor during the hours specified in the ordinary training hours on its licence and not
outside those hours. However, trading hours do not mean that a venue must be open for all those hours.
Queensland - 10 am to 12 midnight
South Australia - Monday to Saturday 5am - midnight and Sunday: 11am - 8pm
Western Australia - Monday to Saturday 6am - midnight and Sunday: 10am - 10pm
Northern Territory - Sunday to Friday 10am – 10pm and Saturday 9am -10pm
On Good Friday and Christmas Day patrons are only allowed to consume alcohol on licensed premises in
conjunction with a meal in a part of the premises that is ordinarily set aside for dining, if the meal is also
prepared, served and intended to be eaten on the premises.
Hospitality Institute of Australasia © Page 8 of 80
A licensee must apply to the Liquor and Gaming Authority to extend their trading hours before they can trade
and serve alcohol at times other than their approved trading hours.
Lockout - The lock out is in place to protect patrons, the community and hospitality workers from alcohol-related
harm in and around licensed venues. It restricts the entry or re-entry of patrons in a venue, after specified time.
Grace period – It is the time after closing before patrons must leave the premises.
Liquor Accords
A liquor accord is an agreement by licensees and other stakeholders to promote responsible practices regarding
liquor sale and supply at licensed premises. The parties have agreed to take certain actions with the aim to improve
safety in entertainment areas and reduce alcohol-related anti-social behaviour, offences and violence.
Local liquor accords aim to stop problems from occurring in the first place. They have the advantage of enjoying
the support and cooperation of licensees and take account of specific issues in an area.
Who are partners in a liquor accord?
• Local licensees
• Hotels
• Clubs
• Bottle shops
• Sporting clubs/venues
• Local councils
• Local police
• Other community groups such as Community Drug Action Teams
• State Liquor commissions
House Policy
As part of a venue's commitment to the responsible service of alcohol and harm minimisation, they produce a
house policy document.
RSA House policy can be used to create an excellent set of rules and guidelines for both staff and patrons to
follow inside a venue that can ensure the successful practice of responsible service of alcohol.
A House Policy could contain:
• RSA Practices
• Provision of meals
• Provision of water
• Staff training processes
• Dealing with minors’ policies
• Dealing with intoxicated or disorderly patrons
• Lighting, Noise, Security and transport services
• Footpath dining
• Consultation with community and liquor industry groups
• Designated outdoor smoking areas
• Advertising of events
• Liquor Accord initiatives
• Number of patrons allowed on premises
• Patron Behaviour
• Adult entertainment
• Functions on premises
• Catering off
ID Scanning
In Queensland, from the 1st July 2017, certain venues in the safe night precincts (SNPs) must operate an
approved ID scanner at each entry to their licensed premises. If a venue is obligated to operate a scanner, then
between 10pm and closing each day, every patron entering or re-entering the venue MUST have their ID
scanned, by a licenced crowd controller on the scanner.
If you are working in a venue, within a SNP, you should find out if your venue requires ID scanning, as
customers may ask you questions about it.
It’s important to note that ONLY A LICENSCED CROWD CONTROLLER (i.e. security) can operate an ID
Scanner. The fines for an individual operating an ID scanner without exemption or without being a licensed
crowd controller is up to $60,950 fine (first offence).
• Airlie beach
• Brisbane CBD
• Broadbeach CBD
• Bundaberg CBD
• Cairns CBD
• Fortitude Valley
• Gladstone CBD
• Inner West Brisbane (including Caxton Street)
• Ipswich CBD
• Mackay CBD
• Rockhampton CMB
• Sunshine Coast (Caloundra, Maroochydore and Mooloolaba)
• Surfers Paradise CBD
• Toowoomba CBD
• Townsvill CBD
• Understand the legal restrictions on the sale, supply and use of alcohol in relation to dry areas.
• Queensland Restricted areas and Alcohol Management Plans;
• Northern Territory Restricted Areas;
• Western Australia Restricted Areas; and
• South Australia Dry Areas
These conditions do not apply in Cairns, Townsville and Mt Isa because of practical difficulties in conditioning all
licensed premises in these large cities.
About community alcohol restrictions
There are alcohol restrictions in 19 communities across Queensland. These restrictions ban or limit the amount
and type of alcohol you can take into a community. In some communities, alcohol is completely banned.
What is a restricted area?
A restricted area is where alcohol restrictions apply. This includes the entire area controlled by the local shire
council, unless an area is specifically included or excluded.
Homes are included in restricted areas. Beaches, wharves and riverbeds can also be included in the restricted
area.
• individuals, and
• maximum amounts that can be transported in a vehicle, boat or aircraft (no matter how many
passengers there are).
There are 4 specific roads where an exemption to the alcohol restrictions may apply if you meet the
requirements of a bona fide traveller.
Elders in the community
The negative repercussions of family obligations can significantly reduce a staff member's ability to refuse service
when working in a venue in an indigenous community.
When staff are in the situation where it is not culturally appropriate for the staff member to apply refusal of service
to elders, respected family members, council members and respected community individuals, staff need to
consider softer approaches for refusal such as:
• Seeking the support of the manager or other patrons who are older and respected to apply the refusal of
service instead of staff.
• Using culturally appropriate language to minimise any adverse reactions.
• Staff and managers should determine methods for refusal unique to their community.
• Local government authorities cannot hold a general liquor licence from 1 July 2008.
• No other licence types will be affected by these changes.
• Councils, who currently held a general licence, may be granted a continuance up to 31 December 2008,
subject to consideration of any current health and social harm issues.
The Torres Strait council will be allowed to continue operating for an extra 12 months.
Like the rest of Queensland, drinking in public places in Indigenous communities will be banned.
Within restricted area boundaries, wet areas can only be declared by regulation.
The alcohol restrictions will apply to the entire community area, including private residences and it will be an
offence of attempting to bring illicit alcohol into a community.
Visitors
Those planning to visit, travel through or pass near any of the restricted areas should ensure they are aware of
the laws. There are heavy penalties for anyone breaking the law.
If you are planning to visit, travel through or pass near an Indigenous community in you must ensure you are
aware of laws restricting the type and quantity of alcohol that can be taken into or through communities.
You cannot travel through restricted areas with alcohol. You cannot have it in your vehicle or boat. Even if you
are only travelling through the restricted area and not planning to stop.
Restricted areas are sign posted. There are heavy penalties for anyone breaking the law (fines of up to $41 250
for a first offence and up to $82 500 for a third offence or 18 months imprisonment).
The previously mentioned conditions do not apply in Cairns, Townsville and Mt Isa because of practical
difficulties in conditioning all licensed premises in these large cities.
Hospitality Institute of Australasia © Page 13 of 80
Travelling in Aboriginal Lands?
Alcohol must not be:
• Brought into;
• Possessed; or
• Consumed within a General Restricted Area without a Permit.
For communities that do not have a zero-carriage limit, but where home-brew is banned by regulation, the
maximum penalty for possessing homemade alcohol is 250 penalty units ($19,000).
Home Brew Legislation
In communities with a home-brew ban, it will be an offence to:
Everyday food stuffs, such as yeast or cooking essences, aren't a problem unless it can be shown these items are
being used to brew alcohol.
Home-brew and home-brew equipment is banned in communities with a zero alcohol carriage limit. It may also be
banned by regulation in other communities as in the case of Doomadgee. A community justice group or council
can approach the Department of Communities to have a home-brew ban implemented in their community.
For more information,
https://www.datsip.qld.gov.au/programs-initiatives/community-alcohol-limits/doomadgee
• A total absence of liquor where no permits are available. This most common form and most General
Restricted Areas are like this.
Liquor may be brought into a General Restricted Area under the conditions stated on a permit, e.g. for
consumption at permit holders' homes, where there is no licensed liquor outlet within the restricted area (Ali
Curung, Lajamanu, Maningrida, Ngukurr, Wadeye, Yirrkala and Yuendumu).
Liquor is available from a local community outlet within the General Restricted Area for consumption at a
defined drinking area (Beswick) or away from the point of sale (Barunga). Consumption is not allowed at the
point of sale and there is no licensed club. Liquor is available at a licensed club within the General Restricted
Area for consumption within the boundary of the club's licensed premises, with no takeaway sales allowed
(Gunbalanya, Kalkaringi).
Liquor is available from licensed premises within the restricted area for consumption at that licensed premises.
Takeaway liquor is also available if the purchaser has a permit. Permits may specify where takeaway liquor may
be consumed, e.g. at the residences of permit holders or other identified locations, and the type of liquor that
may be purchased, e.g. beer and/or wine, no spirits (Daly River, Milikapiti, Nguiu, Peppimenarti, Pirlangimpi,
Wurankuwu).
• Driver's licence
• Passport
• Proof of age card
The system also recognises national identity cards from over 50 countries.
Katherine Region
The Katherine Region Liquor Supply Plan is an integral part of the supply reduction strategies being introduced
under the Katherine Alcohol Management Plan. Under this plan, the Katherine Region includes Katherine,
Mataranka, Pine Creek and the Victoria River Roadhouse.
The purpose of the Liquor Supply Plan is to limit consumption of products with high alcohol content.
Trading hours Remain the same for non-takeaway sales and the current "light beer" restriction before 12:00
noon for the Katherine Township.
Katherine takeaway trading hours Monday to Friday 2pm - 8pm; Saturday and Public Holidays 12 noon - 8pm;
Sundays (hotels only) 2pm - 8 pm
No takeaway trading for all licensed premises on Christmas Day and Good Friday and no takeaway trading in
stores on Sundays.
Cask wine and fortified wine takeaway sales No sales of containers larger than 2 litres.
Takeaway purchase of cask wine and fortified wine limited to one 2 litre cask or one bottle fortified wine per
person per day.
Takeaway sales limited to the hours of 2pm to 6pm only (includes Green Ginger Wine).
Taxi drivers No drive through takeaway sales to taxi drivers on duty.
Pubs, clubs and shops cannot hold takeaway alcohol sales for later collection. It must be taken away after
purchase.
Licensees must maintain camera surveillance in the alcohol service areas of all licensed stores and takeaway
outlets.
Appropriate camera surveillance as required by the Director of Licensing shall be required in the two (2) hotel
outlets and stand-alone liquor outlets.
Adequate security at licensed premises shall be provided in the manner approved by the Director of Licensing.
On premises
The trading hours for the sale of liquor for consumption on licensed premises may commence at 10:00 hours for
all premises on Saturday and Sunday and at 12:00 hours for all premises Monday to Friday. Apart from a right to
open late and close early,
Licensees shall not impose their own time restriction on the sale of liquor during licensed hours.
Adequate security at licensed premises shall be provided in the manner approved by the Director of Licensing.
A current licence condition relating to some hotel bars which prohibits the sale or supply of wine unless
accompanied by a meal is removed and replaced with a condition that wine and port are only to be sold or
supplied in those bars when accompanied by a meal.
East Arhnem
You will require a Liquor Permit to buy, possess and drink takeaway alcohol within the East Arnhem Region,
including the township of Nhulunbuy.
Temporary Visitors
Tourists or visitors will need to provide:
• may limit or prohibit the sale of alcohol from licensed premises by imposing conditions on liquor licences;
and
• can be imposed on all licensed premises within a particular area of the State.
• Section 175 Restrictions are declared by the Governor of Western Australia on the recommendation of
the Minister for Racing and Gaming. These restrictions:
• apply to a declared area of the State;
• may prohibit the bringing in, possession and consumption of liquor in the declared area; and
• may provide for penalties to apply to people who contravene the restrictions
In Western Australia, there are currently 53 different restricted areas. The majority of the areas have reduced
trading hours for the sale of takeaway liquor, product restrictions including the type of alcohol sold, the volume of
the bottles/casks and the quantity a person may purchase.
• the community
• the economy
• the night time economy
Benefits of Alcohol
The consumption of alcohol is an integral part of Australian culture, social occasions, and activities. Alcohol often
signifies a time to be shared with others.
People use alcohol for a variety of reasons
• To be sociable
• Participate in cultural events
• Religious observance
• Peer influence
• Relaxation
• Mood alteration
• Enhanced creativity
• Intoxication
• Addiction
• Boredom
• Habit
• Overcome inhibitions
• Escape or forget problems
• To 'drown their sorrows'
• about four-fifths of Australians aged 14 or older reported they had consumed alcohol in the past year and
6.5% drank daily
• Almost 1 in 5 (18.2%) people aged 14 or older consumed more than 2 standard drinks per day on
average, exceeding
• the lifetime risk guidelines
• More than 1 in 3 (38%) people aged 14 or older reported they had, on at least 1 occasion in the previous
12 months, consumed alcohol at a level placing them at risk of injury and 1 in 4 had done so as often as
monthly (26%)
• around 1 in 6 (15.6%) people aged 12 or older had consumed 11 or more standard drinks on a single
drinking occasion
• in the past 12 months
• About half (49%) of drinkers acted to reduce their alcohol intake and the main reason for doing this was
due to concern for their health.
Harm
About 1 in 5 recent drinkers aged 14 or older put themselves or others at risk of harm while under the influence
of alcohol in the previous 12 months with driving a vehicle the most common activity undertaken (12.2% of
recent drinkers).
Almost 5 million Australians aged 14 or older (26%) had been a victim of an alcohol-related incident in 2013 with
most of these incidents involving verbal abuse (22%).
• family problems
• financial problems
• legal problems
• violent behaviour
• risk taking behaviour
• offensive behaviour
• acts of vandalism
Hospitality Institute of Australasia © Page 20 of 80
• drink driving which may lead to fines, loss of licence and even imprisonment
• work issues
• sexual problems
• accidents
• deteriorating appearance
When combined, the total effects of alcohol abuse add up to a huge cost to the Australian economy with the
annual economic cost of alcohol and illicit drug misuse at approximately $36 billion.
Alcohol in the workplace
62% of people who misuse alcohol and other drugs at harmful levels are in full time employment, approximately
300,000 working in Australia
20-25% of all occupational injuries are the result of alcohol or another drug use
5% of all workplace deaths and 11% of non-fatal injuries
Harm caused by alcohol
Drinking and excessive alcohol is a major factor in many crimes accidents and social problems.
Driver & pedestrian deaths of which 31% were the result of drivers having a blood alcohol reading over 0.05%
Police intervention - Up to 80% police work is alcohol and drug related, including drink driving, property crime,
assaults and domestic violence.
Hospital admissions - Alcohol was involved in 8,196 hospital admissions and 43,238 bed days. The total cost
of this hospitalisation was over $30 million dollars.
Days off work due to alcohol cost industry $1billion per year in accidents & sickies.
1/3 of all Road deaths in Australia; 6,500 deaths in 1992 across Australia with intangible cost of $377.1 million.
Domestic violence, physical & sexual, 50% are alcohol related.
40% of violent crimes, and 70-80% of night-time assaults are alcohol related.
Homicide - Alcohol affects 34% of offenders and 31% of victims.
Problems faced by 15-24 year olds linked with violence, crime, vandalism, noise and property destruction are
caused by alcohol.
Drinking Nightmare
http://www.drinkingnightmare.gov.au
State campaigns
State government campaigns aimed at reducing the harm caused by alcohol.
Queensland
What's your relationship with alcohol? is a whole-of-government alcohol harm reduction campaign aiming to
encourage Queenslanders to stop and consider their drinking behaviours.
The Mates Motel road safety campaign encourages people to care for each other by planning to separate drinking
and driving by inviting friends to stay at their place.
Some licensed venues in south-east Queensland have a Skipper program. A ‘skipper’ is a person chosen by a
group to get everyone home safely. Participating premises provide free soft drinks to the designated skipper.
ACT
Pregnant Pause is an initiative developed by the Foundation for Alcohol Research and Education (FARE), to
highlight the dangers of Foetal Alcohol Syndrome and get women to stop drinking during pregnancy.
Western Australia
Hospitality Institute of Australasia © Page 23 of 80
The Alcohol Thing Again education campaign is part of a comprehensive approach to Wester Austral that aims
to reduce the level of alcohol related harm and ill-health in Western Australia.
Northern Territory
Championship Moves Awareness Campaign aimed to tackle alcohol-related violence, encourage friends to look
out for friends, and to make a smart move and step in to prevent a fight or incident before it escalates
South Australia
Drink too much, you're asking for trouble campaign aims to make people sit up and take notice of the negative
impacts of drinking too much in terms of health/safety, legal and social harms so they start to think about
whether they need to reduce their alcohol consumption.
Keep the Bromance Alive is the message from the Motor Accident Commission regional road safety campaign.
BAC
Blood Alcohol Concentration (BAC) is a measure of the amount of alcohol in the bloodstream. It can be used as
an indicator of how intoxicated a person is.
It is measured by the number of grams of alcohol in 100ml of blood. For example, a BAC of 0.05 means 0.05
grams of alcohol in every 100ml of blood.
A BAC in excess of 0.15% can cause considerable depression of the central nervous system. Other drugs
capable of depressing the central nervous system will increase the effects of alcohol on the brain.
Hospitality Institute of Australasia © Page 25 of 80
As BAC increases it can lead to unconsciousness. In extreme circumstances, it can retard the part of your brain
that controls breathing and cause death. This can occur with a BAC of greater than 0.40%.
Low Doses
• Relaxing effect
• Reduces tension
• Lowers inhibition
• Slower reflexes
Medium Doses
• Reduces coordination
• Impaired concentration
• Impaired reaction time
• Slurred speech
• Drowsiness
• Change in emotions
• Distorts visual and hearing ability
Hospitality Institute of Australasia © Page 26 of 80
High Doses
• Vomiting
• Breathing difficulties
• Unconsciousness
• Coma
• Death
• Men: no more than 2 standard drinks in the first hour and then 1 standard drink each hour after.
• Women: no more than 1 standard drink each hour.
Probationary
ACT 0.00 0.00 0.05 0.00 over 15t GVM (gross vehicle mass)
NSW 0.00 0.00 0.05 0.02 over 13.9t GVM - Drivers of all commercial
vehicles i.e. taxis, passenger vehicles carrying more than
12 pax; dangerous goods
NT 0.00 0.00 0.05 0.00 over 15t GVM - Drivers of all commercial vehicles
i.e. taxis, passenger vehicles carrying more than 12 pax;
dangerous goods
Women, particularly Women are not able to drink as much as men, possibility of
Foetal Alcohol Spectrum Disorders if women drink during
pregnant women
pregnancy
Aged or Older People An aged body is no longer able to process or manage large
doses of alcohol, additionally medications may have adverse
side effects if taken with alcohol. Harmful use of prescription
medications and alcohol is increasing in older people (ages
60 or over) in Australia. Older people can be more
susceptible to the harms arising from alcohol, tobacco and
other drug use because of pain and medication management,
isolation, poor health, grief/loss/life events and loss of
independent living.
People affected by the consumption Many medications and drugs have adverse side effects if
alcohol is consumed.
of illicit & other drugs
Aboriginal and Torres Strait Islanders The 2003 Burden of Disease study estimated that alcohol
harm accounts for 5.4% of the total burden of disease and
injury for Indigenous Australians. For Indigenous males aged
15–34 years, alcohol was responsible for the greatest burden
of disease and injury among the risk factors considered and
was the second leading cause for females in this age group.
Sobering up
How does your body process alcohol? How do you sober up?
As blood containing alcohol circulates through the liver, it is removed by a process known as oxidation.
95% of the alcohol you consume is ultimately removed from the body by the liver. 5% is removed through
breath, urine and perspiration.
It takes a healthy liver approximately one hour to process one standard drink; therefore, if a person drinks 10
pots of beer, the accumulated alcohol will take at least 10 hours to leave their system.
If they have 2 glasses of wine (200ml each = 2 standard drinks), it will be 4 hours before all that alcohol leaves
their system.
• Coffee;
• Drinking water;
• Shower;
• Going for a swim;
• Going to the toilet; or
• Vomiting.
The only way to sober up is to give your body TIME to process the alcohol consumed.
• A standard drink
• Standard drinks in common serving container
What is alcohol?
Alcohol is the common name for ethanol. It is a drug that depresses the central nervous system and retards the
part of the brain that controls behaviour.
Ethyl Alcohol is a spirituous or fermented liquid made by fermenting organic material (typically sugar based) to
develop a beverage of an intoxicating nature intended for human consumption. Its dose related misuse is
associated with a wide range of adverse consequences that can lead to significant harm to the individual and
society.
The term alcohol originally referred to the primary alcohol known as ethanol (ethyl alcohol), the principal alcohol
in alcoholic beverages.
Alcoholic beverages can be divided into three general classes:
• Beers
• Wines
• Spirits
Some would also classify liqueurs as an extra class, but essentially a liqueur is based on a spirit but has
undergone further processing.
Alcohol is a legal drug. Alcohol (or ethanol) is also:
• an addictive drug
• a depressant drug, which means it slows down the messages travelling between the brain and the body
• in high doses, poison
Standard drink
When offering advice to customers you must be aware of the alcoholic content of the basic types of drinks.
All cans, bottles and casks containing alcoholic beverages are required by law to be labelled with the
approximate number of 'standard drinks' they contain.
So what is a standard drink?
In Australia, the term 'standard drink' means a drink which contains 10 grams (about 12.5 ml) of alcohol. One
standard drink always contains the same amount of alcohol regardless of the size of the container or the type of
drink (ie beer, wine, or spirit).
The term 'standard drink' should not be confused with a serving of alcohol, which is often much larger--e.g. a
standard drink of table wine corresponds to 100 ml of wine, whereas a typical serve is at least 130 ml.
Know your standard drink
It is important to be aware that a standard drink and a standard size glass are NOT the same thing. Wine is often
served in a 200ml glass. This quantity of wine contains 20 grams of alcohol (ie. 2 standard drinks). Cocktails can
contain multiple standard drinks.
To provide responsible service of alcohol, staff must be able to identify how many standard drinks are in glasses,
jugs and other containers and aid customer, encouraging them to drink within appropriate limits.
One standard drink always contains the same amount of alcohol regardless of container size or alcohol type (i.e.
beer, wine or spirit) however the percentage of alcohol will vary from drink to drink, therefore the total volume (ml)
in a serving will also be different from standard drink to standard drink. Counting standard drinks is simply a matter
of adding numbers.
For example, if a person has 1 nip of spirits and two 150ml glasses of wine, they would have consumed 4 standard
drinks (1+1.5+1.5 = 4). Cocktails can multiple standard drinks. For example, if you drink a cocktail that contains
SPIRITS
One standard drink of spirit is 30mls. If you are working in a bar, how do you ensure you pour the correct
amount?
FREE FLOW SPIRIT POURER
Free flow Spirit pourer - only use with a Jigger (see below). Pours spirits without measuring the volume. Without
a jigger you cannot determine how much spirit you a pouring the customer. The are attached to the bottle of
spirit.
This is a measuring cup, usually for spirits, measure made from either an unbreakable clear glass like
polycarbonate or from stainless steel and has a 15ml measure at one end and a 30 ml measure at the other end.
Pour the spirit into the measure.
SPIRIT DISPENSER
If a bottle does not have a spirit dispenser attached, a jigger is used to ensure the correct amount of spirit is
poured.
WINE
Currently, under the National Trade Measurement legislation, wine - unless it is pre-packaged, such as in a
bottle or cask - does not have to be sold by a volume measure.
A standard drink of wine is 100mls and there is no requirement for wine to be sold by measured volume, how
can you tell a customer how many standard drinks they are having in a glass?
Some wine glasses have a 150ml line marked on the glass, called the plimsoll line. When wine is poured to the
plimsoll line, the customer is receiving 1.5 standard drinks. If your bar does not have wine glasses with plimsoll
lines, seek advice from your bar manager to determine the volume of wine to be poured into each glass. Then
calculate how many standard drinks are in the glass.
Non-alcoholic beverages
Patrons may prefer non-alcoholic drinks. Or they may drink non-alcoholic drinks between alcoholic drinks to limit
their consumption of alcohol.
In addition to water, the following are some examples of non-alcoholic drinks include:
• Fruit juices
• Mocktails
• Cordial
• Soft drinks
Hospitality Institute of Australasia © Page 36 of 80
• Espresso coffee
• Tea
• Milk shakes and milk drinks
You can gain information about the beverages offered by your organisation sells by:
Undesirable products
Many state authorities throughout Australia have banned several liquor products and declared them as
undesirable due to their packaging or inappropriate context.
A product is considered undesirable if
The name, packaging or design:
The product:
Safe environment
An establishment's trading methods may have a significant effect on surrounding businesses or nearby residents
resulting from:
Extreme care is required when there is alcohol or drugs involved, as affected customers will not necessarily be
rational.
In a severe situation where offensive behaviour and disorderly conduct is present, or where behaviour of patrons
is violent or destructive, the police can be called to assist.
An establishment's trading methods may have a significant effect on surrounding businesses or nearby residents
resulting from:
Responsible hospitality means providing a safe and enjoyable environment for patrons while having minimal
impact on surrounding residents and businesses. It also means responsibly serving liquor to ensure that patrons
do not become unduly intoxicated and subsequently a problem for management, staff and the neighbourhood.
State liquor legislation requires Licensees to conduct their business in a responsible manner and to provide a safe
environment in and around their premises.
There are many factors that can influence an organisation when it comes to providing a safe environment for
patrons and employees:
• Provide a range of free or cheap snack foods, as drinking on an empty stomach will increase the likelihood
of intoxication;
• Train staff in the responsible service of alcohol;
• Safe transport alternatives e.g. courtesy bus;
• Regulating drink size;
• Availability of water;
• Appropriate lighting inside and outside the venue;
• Adequate staff or security persons to monitor or control patron behaviour;
• The convenient positioning of public telephones for patrons;
• Displaying taxi cab and emergency telephone numbers; and
• The adoption of RSA initiatives.
Over Crowding
Do not allow any area to become too congested with patrons. In crowded areas patrons trying to socialise will get
pushed and shoved whilst standing, and will have difficulty moving and being served. The spilling and slopping of
drinks and wandering hands can create tension, frustration and conflict.
By regulating the number of patrons in an area you can:
• Create a dimension of attractiveness through the impression of popularity and restricted access;
• Ensure that liquor servers have enough time and visibility to assess levels of undue intoxication;
• Comply with the responsible hospitality practice regulations; and
• Comply with fire safety requirements.
Glass removal
Regular removal of glasses and empty bottles is important. It shows that staff are moving around in the crowd
and removes potential weapons should trouble break out. It reduces the likelihood of breakages and problems
caused by broken glass. It may assist in preventing drink spiking – particularly if the establishment has a policy
of removing unattended drinks.
If the establishment has a policy of removing unattended drinks it is important to let the patrons know as a
condition of entry. Prominently displayed signs highlighting the policy and explaining the reasons why, will help
send a clear message that is in the patrons best interest.
Security, safety and emergencies
You must constantly be aware of any issues that might compromise the safety of patrons, workers and any
members of the general community who come into contact with your operations. You need to know the
organisation’s health and safety policies and understand your requirements in terms of compliance. You also need
to know what the organisation’s expectations are, and what your role is in the event of an emergency – fire,
accident, bomb threat etc.
Be observant, keep a close watch on any factors that could be hazardous to patrons or to staff. For instance, make
sure that patrons are not likely to be harmed by faulty equipment, loose tiles, broken chairs etc. Firefighting
equipment – alarms, blankets and extinguishers – should be properly maintained and everyone who works in the
establishment should know where they are located, how to use them and what procedures should be followed to
evacuate the premises.
Exits, stairs, doors that only open one way etc. should be clearly marked. Entrances, exits and walkways must be
kept clear always.
Good Practices
Providing a safe environment means the adoption of some techniques which will go a long way to deterring trouble.
Spotting Trouble
If staff are pleasant and friendly when serving patrons, trouble will seem 'out of place'.
Getting the right atmosphere is important. An attitude of 'anything goes' can encourage violence and loutish
behaviour. Licensees have to earn respect from patrons.
A licensee who has earned the respect of patrons through fair treatment and a sociable, no nonsense manner will
have fewer problems and the support of other customers in dealing with problems that arise from time to time.
Get to know your regulars
By getting to know your regular patrons by name, their usual drink, and even perhaps the football team they
barrack for, staff will encourage good behaviour through a friendly atmosphere and professional relationship.
Quiet corners
Noise
Most complaints about licensed venues relate to noise.
LICENSE NOISE CONDITIONS
Licensees should ensure that both management and staff are aware of any noise conditions on a license. At 3 am
when a noise nuisance is being caused and the licensee has gone home for the night, staff must know:
• where the license document is located; · the specific noise conditions on the license document; · whether
a noise limiting device has been installed on music equipment and how to ensure it is not intentionally de-
activated; · the powers of investigators and police to demand the noise be reduced; and · The powers of
investigators and police to close the venue.
TOO LOUD?
When working in a venue, it is difficult to imagine how loud the noise might be for neighbours.
The simplest method to determine if the noise is too loud is to walk to the property line of the closest residence to
the venue whilst entertainment is being conducted.
Listen.
If the answer is YES to any of these questions then the entertainment is too loud. Staff should advise the supervisor
or manager to reduce the volume. If security staff are on duty they might be able to assist in encouraging patrons
to move on when leaving etc.
Smoking
Across all States, smoking is prohibited in enclosed dining areas, enclosed
public places and almost all enclosed workplaces. Federal laws also ban smoking in:
Smoking Laws are controlled by the Department of Health in each state but
upheld by all law enforcement agencies.
Pubs, clubs and casinos became smoke-free on the 31st of October 2007, making all of Australia’s enclosed
workplaces and public places smoke-free.
The bans apply to any ignited smoking product including cigarettes, pipes and water-pipes.
D.O.S.A.
Liquor licensed venues such as pubs, clubs, taverns and bars may designate part of their licensed outdoor area
as a designated outdoor smoking area (DOSA).
Providing smoking areas is a voluntary decision made by each licensed premise.
If they do provide a smoking area, they must establish a Smoking Management Plan to control smoking in the
designated outdoor smoking areas (DOSA) at avenue.
A DOSA must be:
• separated from non-smoking outdoor areas by either a non-permeable wall, or buffer zone (varies state to
state).
• No food or drink service may be provided, and
• No food may be eaten within a DOSA (check the specific rules in each state)
The licensee of the licensed premises must maintain a smoking management plan and take reasonable steps to
prevent smoke from the DOSA entering any other part of the outdoor eating or drinking place.
Drinking water
It is a requirement under law that water is offered free or at a reasonable cost to customers at all times whilst the
venue is serving alcohol.
Queensland
Making drinking water available to patrons is the responsibility of every licensee and is essential to minimising
harm and intoxication.
The Liquor Regulation 2002 makes it mandatory for commercial hotel licensees, community club licensees,
commercial other (bar) licensees, licensees catering to a commercial public event and any licensee who trades
after 12 midnight to provide cold drinking water free of charge to any patron who requests it, at any time the
premises is trading. All other licensees must make cold drinking water available either free of charge or at a
reasonable cost to patrons when the premises is trading.
Failure to provide water free or at a reasonable cost
Maximum penalty of $4,876
Western Australia
Section 115A of the Liquor Control Act 1988 (“the Act”) requires that the licensee must ensure that water suitable
for drinking is provided, free of charge, always when liquor is sold and supplied for consumption on the licensed
premises.
Some patrons may prefer to purchase filtered or sparkling bottled water and therefore, licensees are able to have
these products available for sale, provided free drinking water is also available.
The penalty for non-compliance: in the case of a licensee - $10 000; and in the case of a manager - $4 000.
Northern Territory
The Northern Territory’s (NT) hot weather conditions make the provision of water at events or mass gatherings a
very important issue.
As a licensee or staff member you can be fined up to $12,190 for knowingly allowing a person wearing or carrying
prohibited items to enter or remain on the premises. Under the new laws, you do not commit an offence and will
not be fined if you have taken reasonable steps to refuse, exclude or remove a person wearing 'colours', or if you
reasonably believe it was not safe or practical to refuse, exclude or remove the person wearing the colours.
If at any time licensees or staff feel their safety is compromised by a patron, contact Queensland Police Service
immediately.
Under the Liquor Licensing Act, licensees can choose to apply a dress standard for their pubs or taverns.
"With respect to 'Outlaw Motor Cycle Gangs' inconsistent dress standards can increase the risk of conflict if
applied differently by licensees: from one community to the next; or between one licensed premises and another;
or between one patron and another; or at different times during the evening [eg. if OMCG members are required
to remove their jackets after 7pm]," the act reads.
The act states appropriate signage should be displayed at each entrance to the licensed premises, outlining the
fact management has the right not to serve people who don't meet the dress standards.
It says licensees may wish - but do not have - to incorporate the following wording:
"Jackets or any other clothing or accessory, or any visible body markings bearing patches or insignia of any Outlaw
Motor Cycle Gangs not limited to but including the listed Outlaw Motor Cycle Gangs are not permitted to be worn
or to be visible on these premises at any time."
OMCG - NT
Outlaw motorcycle gang members are banned from wearing items that identify their clubs in Northern Territory
(NT) licensed premises.
Banned items include all the following:
• club colours
• insignia
• other club accessories.
The ban only applies to outlaw motorcycle gang members. Other motorcycle clubs are not affected.
What the ban means for you and employees
You and your employees must ask outlaw motorcycle gang members to remove any items of clothing containing
outlaw colours, insignia and emblems.
Outlaw motorcycle gang members who remove these items may remain at the premises and consume alcohol.
Outlaw motorcycle gang members who refuse to remove these items must leave the premises.
If you feel threatened or intimidated
You must make reasonable attempts to remove persons wearing outlaw motorcycle gang colours.
If persons wearing outlaw motorcycle gang colours refuse to leave, you can call the Northern Territory Police.
You can also call the police if you feel it is unsafe to ask an outlaw motorcycle gang member to remove
offending items.
You will not breach your licence conditions if you believe requesting removal of colours or departure from the
licensed premises will endanger staff.
How to identify outlaw motorcycle gang members
You must ensure that all employees are trained to recognise the colours, insignia or emblems associated with
outlaw motorcycle gang members.
New staff may fail to recognise an outlaw motorcycle gang member or member colours and serve them as
normal.
If this happens, you should make reasonable attempts to ensure staff can comply as soon as possible.
Advertising
It is the goal of licensees to provide service of alcohol in a way that has minimal impact on the financial and
social costs of the community and industry.
To reduce the harm of alcohol, licensees are encouraged to ensure that –
• Free liquor
• Multiple quantities of liquor e.g. 2 drinks for the price of 1
A licensee or permittee must not advertise or allow anyone to advertise anything that is, or would be if it were
engaged in, an unacceptable practice or promotion.
Offence & Penalties
Licensee engages in practices or promotions that encourage rapid or excessive consumption of liquor
Licensee sells or supplies rapid intoxication drink during the restricted period
Maximum penalty for licensee, approved manager: $12,190
Advertising conditions - South Australia
A licensee who displays or publishes advertisements for liquor or otherwise promotes liquor must establish and
maintain appropriate practices to promote a responsible attitude in relation to such advertisements or
promotions.
A licensee must not display or publish an advertisement for liquor or promote liquor in a way that:
General Code of Practice Part 2, Section 9(1) (1) A licensee must not promote, advertise or conduct their
operations in a way that tends to encourage the rapid or excessive consumption of liquor or that discourages a
responsible attitude to the consumption of liquor
Advertising conditions - Western Australia
The Liquor Control Act 1988 (‘the Act’) places an obligation on licensees to sell and supply liquor in a
responsible manner.
One of the primary objects of the Act is to minimise harm or ill-health caused to people, or any group of people,
due to the use of liquor.
Section 64(3) of the Act empowers the licensing authority to impose conditions on a licence to prohibit
promotional activity in which drinks are offered free or at reduced prices or to prohibit any practice that
encourages the irresponsible consumption of alcohol.
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Advertising condtions - Northern Territory
Licensees and their employees must promote alcohol responsibly.
It is a breach of your licence conditions to encourage irresponsible drinking.
Acceptable practices
Happy hour
You can conduct the traditional happy hour during or immediately following normal daytime working hours,
provided that:
Free drinks
You can supply one complimentary standard drink upon arrival.
You can't supply jugs, cocktails or multiple measures as complimentary drinks.
Low alcohol beer promotions
You can offer promotions involving low alcohol beer if it is clear from the promotional material that it is a low
alcohol beer promotion.
Unacceptable practices
You can't supply drinks with titles that encourage irresponsible drinking habits.
These include drinks with titles such as:
• laybacks
• shooters
• slammers
• test tubes
•
Promotions
You must not offer promotions that encourage patrons to consume alcohol irresponsibly and excessively. This
includes:
Promotions
According to the Alcohol Beverages Advertising Code, advertisements, including those on the internet, in a retail
context, or related to promotion of alcohol at events, must –
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• Not engage promotion or practice that may encourage the rapid or excessive consumption of liquor or
promote intoxication, for example, happy hours, all you can drink, toss the boss,
• Not have a strong appeal to children or adolescents
• Not suggest that consumption can create a positive change in mood or environment, or success of a
personal, business, sporting or sexual kind
• Not depict association between consumption (other than low-strength alcohol) and use of motor vehicle,
boat or aircraft
• Not conduct any competition or game in which contestants or players consume liquor on the premises
• Not give free or discounted liquor as a prize or for consumption on the premises, for example two for
one, six drinks for a certain price,
The rapid consumption of liquor is A male patron consumes 4 or more standard drinks in one hour. A female
patron consumes 3 or more standard drinks in one hour.
ACCEPTABLE PROMOTIONS
Promotional activities must be managed and planned as well as any other business activity.
They have the potential to jeopardise the safety of patrons and to disturb the peace and good order of the
neighbourhood.
• deter the rapid or excessive consumption of liquor, for example by stopping patrons from taking part in
sculling games; have non-alcoholic and low alcohol beverages available;
• have drinking water available, free or at a reasonable cost;
• supply liquor in standardised quantities that can be recognised by patrons such as serving spirits in nips,
using glasses or jugs with measured quantities, supplying liquor in labelled pre-packaged containers;
and
• Serve patrons half measures of spirits on request
UNACCEPTABLE PROMOTIONS
Unacceptable promotional practices are activities and promotions which encourage rapid and excessive
consumption of alcohol.
These may include:
Providing liquor to a patron while holding their EFTPOS card or other property in a way that discourages the
patron from monitoring or controlling their liquor spending.
Under the Liquor Act 1992, you must display the following mandatory signs on a conspicuous part of the
premises:
Every licensee under the Liquor Act 1992 must display the following details on a conspicuous part of the
premises in letters at least 15mm high:
• name of licensee
• name of premises
• nature of the business
• permitted trading hours (including extended trading hours).
RAMP Sign
This sign advises patrons of their right to see the venue's risk-assessed management plan (RAMP).
You must display signage advising patrons that closed-circuit television (CCTV) equipment is in use at the
premises if:
your licensed venue is situated in the Brisbane City Council area and has approved trading hours
after 1am
or
your licence document contains a CCTV-related condition.
Management: $63,075
Staff: $10,092
Signage at the entrance of the licensed premises must be displayed (with text at least 3cm high) detailing:
• Trading name of premises
• Licence type
• Licensee name followed by the word “Licensee”
• Approved manager name followed by the word “Manager”
The following documents must be on display at the licensed premises in a conspicuous position:
• The House Policy
• The Code of Conduct
• Licence Document & any other permits
• A reasonable amount of signage on Duty of Care and Harm minimisation strategies
False or misleading ID
The licensee must display a sign, in the prescribed form, informing minors and other members of the public of the
law relating to under-age drinking. This sign must be displayed in a prominent position in each area of the licensed
premises to which access is permitted to minors.
In the case of an entertainment venue licence and a licence with an extended trading authorisation, a sign must be
displayed advising people of the times when minors are prohibited from being on the licensed premises or parts of
the premises covered by the authorisation.
Where a part of the licensed premises has been declared out of bounds to minors, a sign in the prescribed form must
be displayed at each entrance to that part of the premises.
A premises with an entertainment venue licence must display a Section 112 sign which states that an area is out of
bounds to minors between the hours of 9 pm on one day and 5 am of the next or between midnight and 5 am (refer
to your licence conditions).
If an extended trading authorisation is granted, a Section 112 sign must be prominently displayed at all entry points
to the licensed premises.
You should be sure of your reasons for refusal of service and these reasons should not be discriminatory (race,
sex etc).
A person has the right to take the matter to the Human Rights and Equal Opportunity Commission if they feel they
have been subjected to discrimination.
Remember, if the patron who just walked in is slurring, it does not automatically mean they are unduly intoxicated.
The person may have a disability.
A person is said to suffer from alcohol intoxication when the quantity of alcohol the person consumes exceeds
the individual's tolerance for alcohol and produces behavioural or physical abnormalities.
In other words, the person's mental and physical abilities are impaired. The person can't function and certainly
should not be operating a motor vehicle.
The best way for licensees and staff to determine if a person is unduly intoxicated is to observe behaviour and
signs of changing behaviour.
Definition of intoxication - Queensland
The below information is taken from Liquor Act 1992.
For this Act, a person may be taken to be unduly intoxicated if—
Offence
Infringement
Penalties
Maximum penalty for licensee or manager: $60,950
Maximum penalty for bar attendant or individual: $9,752
• the person's speech, balance, coordination or behaviour appears to be noticeably impaired; and
• it is reasonable in the circumstances to believe the impairment results from the person's consumption of
Offence
A licensee or a person employed by a licensee shall not sell or supply liquor to a person unless the person to
whom it is sold or supplied is not intoxicated at the time (the onus of proof of which lies with the defendant).
Offense
Sale of liquor to drunk person – sale includes supply
Who may be accountable
Licensee or employee
Penalty infringement notice
Hospitality Institute of Australasia © Page 59 of 80
$770
Maximum penalty
$15,400
Definition of intoxication - Northern Territory
A person is drunk if:
• the person's speech, balance, coordination or behaviour appears to be noticeably impaired; and
• it is reasonable in the circumstances to believe the impairment results from the person's consumption of
Offence
A licensee or a person employed by a licensee shall not sell or supply liquor to a person unless the person to
whom it is sold or supplied is not intoxicated at the time (the onus of proof of which lies with the defendant).
Offense
Sale of liquor to drunk person – sale includes supply
Who may be accountable
Licensee or employee
Penalty infringement notice
$770
Maximum penalty
$15,400
Definition of Intoxication - South Australia
A person is intoxicated if:
Offence
If liquor is sold or supplied on licensed premises to an intoxicated person, the licensee, the responsible person
for the licensed premises and the person by whom the liquor is sold or supplied are each guilty of an offence.
Defence:
• If the person who sold or supplied the liquor believed on reasonable grounds
• that the person was not intoxicated.
• If the licensee or responsible person for the licensed premises did not personally sell or supply the liquor
and they can prove that they exercised proper care to prevent the
Fine
Under the Act, it is an offence for any person on a licensed or regulated venue to:
Applies to:
• a licensee,
• a staff member,
• a club director
• a volunteer (who has liquor service responsibilities)
• a patron
Offence
Where a licensee, whether personally or by an employee or agent:
• permits:
o drunkenness; or
o violent, quarrelsome, disorderly or indecent behaviour, to take place on the licensed premises; or
• permits any reputed thief, prostitute or supplier of unlawful drugs to remain on the licensed premises;
• licensee or a manager Fine $10,000
• employee or agent Fine $4,000
Licensee or a manager $10,000 Employee or agent $4,000 For other persons $2,000
How do people become intoxicated?
People who consume alcohol in medium to high doses become intoxicated.
The most common ways are by:
Preventing intoxication
Serving a customer to the point of intoxication is a breach of liquor legislation. It could result in fines and stronger
disciplinary action by liquor authorities.
There are several strategies to slow down the intoxication of customers, including
The indicators below are only some of the observable signs someone is or is becoming intoxicated.
Speech
• Aggressive
• Annoying/pestering others
• Argumentative
• Bad tempered
• Belligerent
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• Confused
• Difficulty paying attention
• Not understanding normal conversation
• Drowsiness or sleeping at a bar/table
• Disorderly
• Exuberant
• Inappropriate sexual advances
• Loss of inhibition
• Loud/boisterous
• Offensive
• Overly friendly
• Physically violent
• Rude
• Using offensive
• language
• Vomiting
Other Signs
Other observations which can assist you in determining intoxication are:
You may still need to Talk to the person and/or their friends; or get a second opinion from your workmates
and/or supervisor before a final decision can be made.
Erratic drinking patterns
Erratic drinking patterns can act as an early warning that a patron is getting intoxicated and intervention may be
necessary.
Erratic drinking patterns may include:
Act
When you recognise any behaviour that could lead to intoxication, you should act. These actions are only
effective when used early when a customer’s judgement is not clouded with the effects of alcohol.
Communicate with the customer about the drinking patterns you observed.
Advise that you intend to stop the service of the drinks they are ordering. For example, no more shooters,
doubles or jugs
Offer a round of non-alcoholic drinks or food, advising them to consume the drinks to remain on the premises.
Impose a time limit on the customer. For example, let them know you will serve them again in 30 minutes.
Rapid intoxication drinks
• served in a small glass or container (such as shooters, shots, bombs, test tubes, jelly shots and other
similar drinks)
• prepared on the premises and contains more than 45mL of spirits or liqueur
• a pre-mixed alcoholic drink (RTD) containing more than 5% of ethyl alcohol (ethanol) or containing more
ethanol than 2 standard drinks (a pre-mixed drink must fall within both the 5% alcohol by volume
threshold and the 2 standard drinks threshold to be served after 12 midnight in some states)
Illicit drugs
There are many signs, both physical and behavioural, that indicate a person is intoxicated through drug use.
Each drug has its own unique manifestations, but there are some general indicators that a person is using drugs:
Drink spiking
Drink spiking is the practice of putting a substance (usually a drug) into a person's drink without them knowing. It
is a crime punishable by fines and imprisonment.
The most common targets are young women and lead to heavy intoxication and/or unconsciousness. The
resulting harms include sexual assault, robbery and unsafe sex.
Drink spiking can be used as a malicious attempt to hurt the victim through injury, or sexual assault. Some
people also spike people’s drinks for fun as foolish jokes.
Alcohol is the most frequently used drug in drink spiking incidents.
This can by giving a person
• Rohypnol,
• Gamma-hydroxybutyrate (GHB)
• Gamma-butyrolactone (GBL)
• Tranquillisers
• Most often benzodiazepines, including Valium (diazepam) and Rohypnol
• Ketamine
Date rape drugs are particularly dangerous when mixed with alcohol, because they combine to have a very
powerful anaesthetic effect. In extreme cases, it can lead to a coma or even death.
Who is targeted?
• Removing unattended drinks. It only takes a second for someone to add more alcohol or a drug to
someone’s drink;
• Recommend to patrons that if they lose sight of their drink, don’t drink from it again;
• Discourage the sharing of drinks
• Have a policy regarding the maximum number of shots per drink, even in
• Dispose of unattended
• Be suspicious of orders for drinks with added shots of spirits and have a policy in place to deal with
• Be wary if someone buys a patron a different drink to what they asked for;
• Watch the behaviour of patrons, looking for signs that a person has suddenly become intoxicated.
• If a patron looks sick or dizzy, assist and direct them to a safe place; immediately call a supervisor to
assist, and
• Take notice of people offering to take the affected person home
• Look out for your
If you are concerned that a customer believes their drink has been spiked, stay with them and ask a colleague or
supervisor to seek medical attention for them.
It is also important that you contact police on these occasions, especially if a robbery or assault has occurred.
Identify risky situations
You should always be observant of customers getting into situations that pose a threat to the safety or security of
yourself, colleagues, customers or property. For any of the below scenarios you will need to either warn the
customer(s), refuse service to the customer(s), or ask them to leave the premises, depending on the severity of
the situation.
Behaviours that may lead to you giving a verbal warning:
• Risky behaviour such as dancing on tables or the bar, climbing through windows, sliding down bannisters
• Loud boisterous behaviour disrupting other customers
• Mischievous behaviour such as running, jumping, pushing, play fighting
• Argumentative Especially if you have a pool (eight ball) table.
• Any inappropriate behaviour that may lead to or cause conflicts
What do I do?
If a person suddenly appears to develop the symptoms of being unduly intoxicated or acts in an outrageously
provocative manner, take the following actions.
• Getting any affected person to a safe, quiet place and stay with them;
• Call an ambulance if they become unconscious;
• Ensure that the person who is assisting them home is indeed a friend;
• Always record what has happened and what action was taken in the incident register; and
• All drink spiking incidents should be reported to police.
Disorderly patrons
Liquor cannot be sold or supplied to a disorderly patron. In the description of a disorderly patron, it must be said
that this person does not need to be intoxicated or unduly intoxicated. This person could be sober or under the
influence of drugs or medication. They also could have a mental disability.
If permitted to remain on the premises, the potential for harm to staff or patrons is present. The protection of all
is to be considered in the management of these individuals who are negatively impacting on the venue.
Penalties apply if the sale, supply or consumption to the disorderly patron is permitted.
Recognising the signs:
• Mood changes;
• Aggression or belligerence;
• Argumentative;
• Boisterous;
• Aggressiveness;
• Violent;
• Carelessness;
• Disruptive;
• Loud; and
• Affecting patrons’ comfort/enjoyment level.
Maximum penalty for licensee or manager: $60,950 • Maximum penalty for bar attendant or individual: $9,752.
Disorderly patrons - South Australia
Offensive or disorderly conduct
A person must not behave in an offensive or disorderly manner in licensed premises or in the vicinity of licensed
premises.
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An authorised person may, if necessary, use reasonable force to remove a person from, or prevent the entry of a
person onto, licensed premises if—
(a) the person is intoxicated; or
(b) the person is behaving in an offensive or disorderly manner.
$1,250
$500 Expiation Fee
A person removed from licensed premises under this section who re-enters the licensed premises within 24
hours of being removed from them is guilty of an offence.
Section 71B - Use of force by approved crowd controller
An approved crowd controller must not use force to remove a person from licensed premises except under the
direct supervision of the licensee or the responsible person for the premises.
Disorderly patrons - Western Australia
Where a licensee, whether personally or by an employee or agent:
(a) permits:
(i) drunkenness; or
(ii) violent, quarrelsome, disorderly or indecent behaviour, to take place on the licensed premises;
or (b) permits any reputed thief, prostitute or supplier of unlawful drugs to remain on the licensed premises.
• Who is a minor
• When a minor is allowed on licensed premises.
• A parent;
• A step-parent or guardian; or
• An adult who has parental rights, duties and responsibilities in relation to the minor whilst the minor is on
licensed premises or in a public.
Each state and territory has different laws relating to when a minor is allowed on the premises. It is important to
follow the legislation applicable to your state or territory in relation to permitting a minor on licensed premises.
Minor on licensed premises - Queensland
• A resident;
• An employee;
• A person conducting lawful business;
• Training or work experience;
• At a private function, e.g. a wedding;
• Eating a meal; or
• Accompanied by a responsible adult.
If the venue liquor licence does not include an adult entertainment permit, provisions of the Child Employment
Regulation 2006 may also affect you.
Specifically, minors are prohibited from:
• being employed in licensed premises that feature activities such as topless waitressing
• working while nude or partially nude
• being exposed to inappropriate roles and situations, including being present while another person is
nude or partially nude in the workplace.
Penalty
Maximum penalty for licensee, permittee or approved manager: $30,475
Maximum penalty for bar attendant or individual: $9,750
Minor on licensed premises - Western Australia
It is an offence for a child under the age of 16 to be employed in the service of liquor on licensed premises.
However, with the permission of the Director of Liquor Licensing a juvenile 16 years or over may be
employed in the service of liquor ancillary to a meal.
In this instance, the juvenile must be supervised always and his/her work must be assessed for the purposes of
a prescribed training course (i.e. the juvenile's duties must complement an associated hospitality course).
Juveniles under the age of 16 can be employed on licensed premises if they are not involved in the
service/supply of alcohol.
Offences & Penalties
Liquor supplied to Juveniles (Minors)
Juveniles (Minors) allowed to enter or remain on licensed premises without a legal guardian or responsible adult
Juveniles (Minors) allowed to consume or possess alcohol on licensed premises:
• A dining room
• A bedroom
• A part of the licensed premises approved by the Liquor and Gambling Commissioner as an area where
minors are permitted
Section 112(1) of the Act prohibits a minor from entering or remaining on premises with an entertainment venue
licence between the hours of 9pm on one day and 5am of the next unless in a part of the licensed premises
approved by the Liquor and Gambling Commissioner as an area where minors are permitted.
Minors providing entertainment are exempt and are allowed on the licensed premises if they are:
A minor may be employed in licensed premises to carry out tasks such as clearing tables or general cleaning
duties, but may not be employed to sell, supply or serve liquor on the licensed premises.
However, a minor may be employed to sell, supply or serve liquor on the licensed premises if he or she is a child
of the licensee or of an approved responsible person and he or she is aged 16 years of age or more, and has
been approved by the licensing authority.
In the case where the minor is a child of the licensee or of an approved responsible person, aged 16 years of
age or older and is a resident at the premises, then approval by the licensing authority is not required.
However, if the licensed premise also has a gaming machine licence, the minor is not allowed to enter the
gaming area(s) of the licensed premises.
Offences & Penalties
Children under 16 years of age can't sell, serve or supply alcohol in licensed venues outside of a training facility.
Over 16 years of age
Children over 16 years of age can apply to sell, serve and supply alcohol outside of a training facility if they meet
all the following conditions:
Queensland
Acceptable evidence of the age of a person is a document, issued to the person, that—
Western Australia
There are only three acceptable forms of photo ID under Section 126(2) of the Liquor Control Act 1988:
ID that can be accepted as proof of age in accordance with regulation 18 of the Liquor Licensing (General) Regulations
2012, which provides that the following can be produced as evidence of age:
The photo ID system reads many different types of identification cards, including all the following:
• driver licence
• passport
• evidence of age card - also known as 18+ card
• other forms of photographic identification as approved by Licensing NT.
1. Ensure you are in a well-lit area. That way you can more easily identify alterations or irregularities.
2. Always have the patron remove the ID from its plastic holder or their wallet.
3. Run your fingers over the ID. Feel for pin pricks, lifted laminate, thicker than usual laminate, glued on
photographs, dog ears or split sides and anything else unusual. Wrinkles, bumps and bubbles are possible
indicators the ID has been tampered with.
4. Feel for ridges between the photo and the card.
5. Check the eye colour and height.
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6. Check for obvious scratching, use of permanent markers, any smudges in print or possible blurring of
typed dates of birth.
7. You can ask the patron to verify the personal details on the ID. For example, you could ask the person
their star sign, year or month of birth? What is your postcode?
8. Familiarise yourself with the built-in security features for each form of identification. For example: look for
the Queensland coat of arms in the laminate, or holograms for other states.
9. Additional supplementary ID that could be requested to back up photo ID includes: Medicare card, credit
or charge card or other ID with signatures.
Examples of false id
Another example of a fake ID from fakies.com.au, same person’s picture different state
If you suspect that an ID is false, you must confiscate the ID and give it to management or security.
The ID must then be sent to the Queensland Office of Liquor and Gaming Regulation (OLGR) along with the details of
the incident.
NT
False ID used by anyone on, or trying to enter, licensed premises can be confiscated by staff or the police.
WA
If a person is believed to be underage they can be asked to leave the licensed premises, have their ID confiscated,
receive an on the spot fine from police and/or be convicted of a crime.
Staff may confiscate false ID and forward it to the Western Australian Police.
Remote sale & delivery of alcohol
If you have an online site selling alcohol, or you take telephone, fax, email or mail orders there are several rules
you must follow. Particularly regarding minors and who can accept alcohol deliveries.
Online Sales
On your website, you must display the following notice:
‘It is against the law to sell or supply alcohol to, or to obtain alcohol on behalf of, a person under the age of 18
years.’
• to the adult who placed the order (include their name in the instructions);
• to another adult at the delivery address who can accept the order on behalf of the person who placed the
order;
• if the delivery is made on a day; after the sale was made through an internet site, in accordance with the
customer’s instructions (such as delivery to another address).
• Get written instructions from the licensee on how the liquor is to be delivered.
• Do not deliver the alcohol to a young person aged under 18 years.
• Ask for proof of age documentation if you think the person accepting delivery might be under 18 years of
age (to be safe it is a good idea to check for proof of age where the person appears to be under 25 years
of age).
Do not deliver the alcohol to empty premises until at least the day after the customer orders the liquor.
• It is against responsible service laws, house policy and against liquor licensing regulations
• As an employee, you have a duty of care to ensure the safety and wellbeing of patrons
• As an employee, you are subjected to fines as a result of breaching the law
• The licensee will be subject to fines because of breaching the law
Communication methods
Commination methods that can be used when refusing service include:
These strategies will help the customer consider you and the organisation favourably, improving the likelihood
they will return.
Ask a patron to leave
If efforts to resolve a situation are unsuccessful, you may have to ask to leave the premises. Off course, some
people are not going to leave willingly, hence the need to adopt a proactive professional approach to each
situation.
You may need to gain assistance at this stage from management, security or the licensee, especially where
decisions may be made for future banning from the establishment or legal prosecution.
The warning process would generally be conducted with one warning and the request to leave. Refusal to leave
would then result in assistance being required to escort the person off the premises, this may be in the form of a
manager or a security officer.
Requirement to leave
Barring procedures
Licensees can deal with troublesome patrons, including those that are disruptive, violent, intoxicated or fail to
adhere to venue rules and policies in a variety of ways.
The options range from:
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• refusing entry or removing a person at the time of the incident,
• barring the person for an extended period of time (single or multiple venues) or
• seek a formal banning order against the person.
Typically, a licensee or responsible manager can bar a person from the licensed premises for any of the
following reasons:
• Where required, speech should be polite, but firm, directive and not ambiguous.
OLGR has signs available free of charge to assist patrons with information that service will be refused and that
fines apply.
• It is not an offence for the licensee if the unduly intoxicated person remains on the licensed premises.
The reason for this is to allow the licensees some discretion in dealing with the patron. The licensee may be
concerned that evicting the patron to find their own transport may place them in danger. However, the patron
should be closely monitored to ensure there is no further access to liquor.
This does not mean that licensees can 'balance out' the harm in serving a person to a state of undue intoxication
with caring for a patron after service is refused. If an unduly intoxicated person is found on the premises, police or
licensing investigators will ask why the patron is there, how they reached their current state, and what action is
being taken.
Examples of the type of action being taken by the licensee may include:
• Allowing the patron to wait for friends to finish their drinks and take him/her home
• Waiting for a spouse or friend to collect the patron or a staff member to finish duty and take the patron
home
• Providing the patron water, coffee, food and time to sober up before tackling public transport
The licensee is not immune from action being taken if a police officer or licensing investigator believes the
circumstances and particularly the undue intoxication level of patrons generally warrant further action.
Refusal of service - Western Australia
In Western Australia, an authorised person may refuse entry, remove a person from premises or refuse to sell
liquor to a person for any reason including;
A period of up to three months for a first barring, or a longer period as approved by the Liquor and Gambling
Commissioner.
Up to six months for a second barring, or a longer period as approved by the Liquor and Gambling
Commissioner.
Indefinitely for a third barring.
In addition, a licensee may bar a person indefinitely (or for a specified period) in the case of the welfare of the
barred person or that of a person residing with the barred person, being seriously at risk as the result of the
consumption of alcohol by the barred person.
A person who enters or remains on a licensed premise from which he or she is barred is guilty of an offence.
Refusal of service NT
A licensee or a person employed by a licensee shall not sell or supply liquor to a person unless the person to whom it
is sold or supplied is not intoxicated at the time (the onus of proof of which lies with the defendant).