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SITHFAB002 - Provide Responsible Service of Alcohol

Section 1 - What is RSA ........................................................................................................................... 1


Section 2: Legislative framework ............................................................................................................ 3
Section 3: RSA Management ................................................................................................................... 7
Section 4: Dry and restricted areas ....................................................................................................... 11
Section 5: Benefits of Alcohol ............................................................................................................... 19
Section 6: Adverse effects of alcohol .................................................................................................... 20
Section 7: Alcohol and its affects .......................................................................................................... 24
Section 8: Standard drinks .................................................................................................................... 29
Section 9: Safe environment ................................................................................................................. 37
Section 10: Advertising & Promotions .................................................................................................. 44
Section 11: Signage ............................................................................................................................... 47
Section 12: Unduly Intoxicated ............................................................................................................. 58
Section 13: Disorderly Patrons .............................................................................................................. 66
Section 14: Minors ................................................................................................................................ 67
Section:15 - Proof of age....................................................................................................................... 70
Section 16: Refusal of service ............................................................................................................... 76

Section 1 - What is RSA

What you will learn in this section


After you complete this section you should understand:

• The aim of responsible service of alcohol


• How to comply with liquor laws
• Harm minimisation and duty of care

Responsible service of alcohol


Responsible service of alcohol is the service and supply of liquor in a responsible manner in accordance with the
law.
The aim of this course is to provide staff and management with the knowledge and ability to meet their
responsibilities regarding the service of alcohol.
Responsible Service of Alcohol (RSA) is about using the appropriate rules and strategies for all types of
businesses and organisations that sell or provide alcohol, this includes:

• 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.

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Following the above principles can assist licensees and their staff to sell alcohol responsibly and aid compliance
with the local liquor laws.
Practice RSA
Alcohol is classified as a drug. Therefore, the government restricts the way it is sold, as well as who can sell,
provide and produce liquor.
As a hospitality professional, you are required to practice Responsible Service of Alcohol (RSA). This means, you
must sell or serve according to provisions of relevant state or territory legislation, licensing requirements and
responsible service of alcohol principles.
It also means serving and supplying liquor in a responsible manner. Licensees, Approved Managers, responsible
persons and staff who sell or supply liquor are required to conduct their business in a responsible manner, and
may all be held accountable for their actions.
The government has strict rules which control when and who can sell, serve and consume it. These rules are
contained in Acts of Parliament and/or Legislation.
The primary aim of the legislation and regulation is all states of Australia, is harm minimisation. It ensures alcohol
is sold by responsible people in a responsible manner to minimise and/or avoid its possible harmful effects.
Responsible service of alcohol means acting within the law by dispensing alcohol in a responsible
manner, being aware of your duty of care towards patrons and other workers.
Comply with liquor laws
To comply with liquor laws, licensees and staff are required to:

• Not serve alcohol to anyone under the age of 18.


• Recognise the signs of impending intoxication and not serve anyone who is showing those signs.
• Not serve anyone who arrives at the licensed premises already intoxicated.
• Understand the principles of ‘standard drinks’ and safe drink drive levels.
• Discourage patrons from engaging in activities which can harm themselves or others, including
irresponsible, erratic or rapid drinking; and
• Understanding the impact of alcohol abuse and misuse on the community.

Harm minimisation and duty of care


Each State and Territory in Australia has its own laws surrounding the provision, supply and sale of alcohol, and
underpinning each are the concepts of Harm Minimisation and Duty of Care.
A simple definition of Duty of care is that:
"We all have a duty of care to take reasonable care not to cause foreseeable harm to other people or their
property.” www.legalaid.qld.gov.au
Duty of care obligations
Licensees/managers and staff have a duty of care to their staff and customers under both the Liquor and the
Occupational Health and Safety (Work Health and Safety) Legislation.
This means that employers have a responsibility to ensure a safe workplace as well as ensure that safe systems
of work are implemented in the workplace.
This principle applies to the service of alcohol as well. Not providing alcohol responsibly can put the safety of both
your staff and customers at risk.
Duty of Care
Employers are responsible for the health, safety and wellbeing of all persons on the premises, including:

• The customers who are allowed access to alcohol


• Staff who are providing the services
• Other customers who are present
• Anyone else who might be adversely affected by the provision of alcohol

Vicarious Liability

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A licensee or manager, may be held legally responsible for the actions of staff under their supervision.
That is, if a staff member commits an offence under the Liquor legislation, the licensee or manager may be
deemed to have committed the same offence.
It makes sense then to ensure that staff are properly trained and fully aware of their responsibilities.
Harm Minimisation
Harm minimisation is one of the strategic principles behind a range of responsible service of alcohol policies and
procedures used by government and industry to minimise the negative impact of alcohol abuse and misuse on
patrons, their families and the community.
Licensed venues have a responsibility to ensure that their operations are undertaken in a socially responsible
manner and are committed to doing so in accordance with the extensive framework of:

• Federal and state legislation, regulations and codes


• Broadcasting and advertising industry codes of practice
• Self-regulatory industry initiatives

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.

• Risky drinking, drinking to intoxication and alcohol-related disease


• Injury and violence
• Rates of alcohol-attributable hospitalisations increased in all states and
• Alcohol remains a leading cause of Australian road deaths, particularly among young

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.

Section 2: Legislative framework


What you will learn in this section
After you complete this section you should understand:

• The legislative framework for serving and selling alcohol in Queensland, Northern Territory, South
Australia and Western Australia.

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Legislation
Alcohol is classified as a drug. Government legislation restricts the sale, provision and production throughout
Australia.
Every state or territory has a liquor licensing authority that administers the Liquor Act, approves licensee
applications, issue licenses and administers licensing regulations.
The legislation aims to ensure that:

• Alcohol is only sold by responsible people


• Liquor outlets are in appropriate locations (that do not disturb residents)
• Harmful effects of alcohol are minimised or avoided

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:

• Who may sell and supply alcohol


• The commercial practices of licensed premises
• Obligations and duties of licensees
• Disciplinary procedures, offences and penalties
• Who may consume and access alcohol
• Where alcohol may or may not be consumed and/or

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:

• Liquor Act 1992


• Liquor Regulation 2002
• Tackling Alcohol-Fuelled Violence Legislation Amendment Act 2016

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.

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Record Keeping Requirements
Licensees are no longer required to keep an RSA training register; however, they are still required to:

• 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:

• The Northern Territory Liquor Act


• Stronger Futures in the Northern Territory Act 2012

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:

• Liquor Licensing Act 1997


• Liquor Licensing (General) Regulations 2012
• Liquor Licensing (Declared Criminal Organisations) Regulations 2015

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.
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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.

Record Keeping Requirements


The licensee must produce evidence of the completion of responsible service of alcohol training by staff,
within days of being requested to do so by an authorised officer.
Offences and Penalties
Supply liquor without RSA certificate:
Licensee or permit-holder with RSA fine up to $7,500
Employee without RSA – fine up to $1,500
Fail to keep RSA certificates of each staff member – fine up to $3,000
Western Australia - legislation
The legislation governing the sale and supply of alcohol is:

• Liquor Control Act 1988


• Liquor Legislation Amendment Bill 2015

Licensees have an obligation under the Liquor Control Act 1988 to:

• Minimise the harm associated with liquor abuse


• Encourage responsible attitudes towards the sale and consumption of liquor; and
• Ensure the sale and consumption of liquor contributes to, and does not detract from, the amenity of
community life

Western Australia - additional training


• Approved Managers
• Are appointed by the licensee of a liquor licensed premises to be the responsible person in charge of the
premises.
• There are two types of Approved Manager:
Restricted – Applicable only on Club, Club Restricted and Occasional licensed premises. They need to
complete SITHFAB002 Provide responsible service of alcohol

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Unrestricted – Applicable on all types of licensed premises. They need to complete SITHFAB002 Provide
responsible service of alcohol plus course in Management of Licensed Premises 52735WA (MLPLCA401A,
MLPLCA402A and MLPLCA403A)
• An Approved Manager ID Card must be kept on your person always whilst working.
Mandatory Training Register Required
Section 103A(1)(b) of the Act states that licensees must maintain, on the licensed premises, a training register
that records the details of all employees/volunteers who have completed the Responsible Service of Alcohol unit
of competency.

Section 3: RSA Management


What you will learn in this section
After you complete this section you should understand:

• Policies and procedures for management of responsible service of alcohol

Role of liquor authorities


It is the role of the state/territory Liquor Authorities and Police to ensure that licensed premises implement and
manage the responsible service, supply and provision of alcohol.
Through various functions, they provide leadership and strategic direction to the liquor industry through rigorous
enforcement, compliance, investigative, monitoring and field education programs.
Responsibilities:

• Regulation of the liquor and gaming industry


• Implementing the government’s liquor reform process
• Approving liquor and gaming licence applications
• Approve extended trading hours
• Develop guidelines and interpretive information on how to comply with laws, regulations and codes of
practice
• Enact disciplinary matters

Key Agencies that regulate the sale or supply
Qld
Office of Liquor and Gaming Regulation (OLGR)
SA
Consumer and Business Services (CBS)
WA
Department of Racing, Gaming and Liquor (DRGL)
NT
Northern Territory Licensing Commission
Compliance Officers (Inspectors)
Role of Compliance Officers
Undertake inspections & enforcement of:

• complaints received from the public or other licensed venues;


• investigating matters referred to the Office;
• inspection programs to determine compliance;
• allegations concerning the suitability of licensees and club secretaries;
• liquor and gambling harm minimisation enforcement programs; and
• covert compliance inspections of licensed venues
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Legislated powers of Compliance Officers (Inspectors)

• 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

• Have wide ranging enforcement powers under the liquor laws


• Can issue penalty notices or on-the-spot fines for breaches
• Can prosecute a licensee, a staff member or a patron
• Can take disciplinary action against a licensee on certain grounds
• Short term closures of licensed venues

A person is guilty of an offence when they:

• Hinder or obstruct an authorised officer in the exercise of powers;


• Fail, without reasonable excuse, to comply with a requirement of an authorised officer;
• Fail, without reasonable excuse, to answer, to the best of the person’s knowledge, information and
belief, a question put by an authorised officer;

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:

• The premises name;


• The premises address;
• The name of the licensee;
• The principal activity of the business; and
• The time within which the business may trade in liquor.

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.
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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

The purpose of an accord is to:

• collectively address issues facing the industry and the community


• decisions as a collective group in cooperation with the other stakeholders
• develop strategies to address local issues and create positive change.

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:

• Management's commitment to the training of all staff in responsible serving;


• A commitment to serving patrons in a friendly, responsible and professional manner;
• Procedures for dealing with minors and intoxicated patrons;
• The role staff should play - how far to go. Do staff call management or security?
• What assistance is offered - taxi, food, coffee?
• Detailed list of what behaviours would constitute refusal of service;
• To record the incidents of refusal of service, details of fights or problem patrons;
• The role of security staff and who should be refused entry;
• A commitment to provide a range of interesting light or non-alcoholic beverages for drivers such as
mocktails, fresh juices or a range of coffees.

Sample house policy


The (name of premises) promotes and practices the responsible consumption of liquor.

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The (name of premises) is committed to the training and support of staff in the Responsible Service of
Alcohol (RSA.) Queensland law prohibits the consumption or purchase of liquor by persons who are minors,
unduly intoxicated or disorderly.
If a staff member believes a patron is unduly intoxicated or disorderly, the staff member must not serve liquor
to that person.
Customers deemed to be unduly intoxicated will be refused service, offered water and a taxi will be called if
required.
Patrons and staff must treat each other with dignity and courtesy at all times.
Patrons who are rude or offensive to staff or other patrons will be refused service and asked to leave the
premises.
Minors may be on the premises if in the care of a responsible adult or guardian, but may not consume or
purchase liquor. Minors are however, not permitted in the following areas: XX Bar, YY Bars, AA Bar, Beer
Garden.
It is a condition of entry that patrons purchasing or consuming liquor must produce photo ID showing proof of
age.
Any patron attempting to consume or purchase alcohol who cannot provide proof of age will be refused
service and asked to leave the premises.
A key objective of the (name of premises) is to ensure that the behaviour of our patrons does not adversely
impact on other patrons, staff, our neighbours and the community at large.
RAMP
A Risk Assessed Management Plans (RAMP) is a document containing detailed information about matters
prescribed in regulation relating to the licensee’s management practices and procedures at the premises.
It covers such practices and procedures as:

• 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).

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There are 15 SNP’s across Queensland:

• 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

Maps of each area are available here https://www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-


gaming/liquor/safe-night-precincts/maps
Provide information on responsible sale or service of alcohol to customers.
You can provide information to customers about the responsible sale or service of alcohol to customers by:

• Verbally promote low alcohol drinks and non-alcoholic beverages


• Display information and fact sheets about taxi and public transport services
• Direct customers to responsible service of alcohol websites
• Display information and fact sheets about harmful effect of excessive consumption of alcohol.

Section 4: Dry and restricted areas


What you will learn in this section
After you complete this section you should understand:

• 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

Restrictions on alcohol use


As a requirement of Responsible service of alcohol, you are required to understand the legal restrictions on the
sale, supply and use of alcohol.
The information contained in this section is exactly that, law. The content in this section covers dry areas and the
law and reason surrounding their implementation.
Special conditioning for licensed premises
Special conditioning is in place for licensed premises situated within a few hours drive of Aboriginal communities
and convenient for residents to purchase alcohol to take back to their community.
Four basic conditions have been imposed on most licensed premises situated in catchment areas near Indigenous
communities.
These conditions are:

1. No alcohol sales to taxi drivers.


2. No licensee to hold a patron's bank access cards.

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III. A ban on the sale of pre-mixed spirits in containers exceeding two litres and all other liquor in containers
exceeding four litres.

1. A ban on the sale of fortified wines in glass flagons.

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.

• list of communities with map showing restricted area

How much alcohol is allowed in a restricted area?


It depends on the community. The maximum amount of alcohol a person can carry within the restricted area is
known as an alcohol 'carriage limit'. In some communities, no alcohol is allowed (an alcohol carriage limit of
zero).
Alcohol carriage limits apply to:

• 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.

Culturally Appropriate Days


Managers are encouraged to respect culturally significant days in respect to the sale of alcohol in Indigenous
communities. Appropriate advice from councils and or community justice groups is provided to instruct managers
to close canteens, taverns and take away facilities on significant cultural days. In some cases, the requirement to
close on significant days is a condition of a licence, In other cases it is left to the discretion of the manager.
Examples of culturally significant days include:
• Tombstone openings (Torres Strait Island tradition; however, can also be conducted in mainland
Aboriginal communities).
• Funerals (day of, day before or burial days).
• House openings (associated with family's mourning period).
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• Festivals, road shows, community concerts and sports days (particularly where children are involved).
Alcohol Management Plans (AMPs)
The Cape York Justice Study Report 2001, by the former Justice Tony Fitzgerald, recommended a
community-driven approach to alcohol management in indigenous communities. It also
recommended conditions applying to licensed premises providing alcohol to Aboriginal and Torres Strait
Islander people.
In April 2002, the Government responded to the report with the "Meeting the Challenges, Making Choices
Strategy". One of the principle aspects of the strategy was the implementation of Alcohol Management Plans
(AMPs), developed by Community Justice Groups in 19 identified indigenous communities.
The aim of an Alcohol Management Plan is to minimise the harm caused by alcohol abuse within indigenous
communities by focusing on initiatives that reduce the supply of alcohol to the community and reduce the
community's demand for alcohol. The main initiative was the introduction of carriage limits.
Carriage limits apply in many remote communities. And alcohol restrictions apply to everybody that lives in,
visits or passes through accord communities. Carriage limits define the amount of liquor that can be
possessed, at any one time. This limit applies regardless of whether the alcohol is purchased within the
community or brought in from outside. The carriage limit varies from community to community. Some
restricted areas have a carriage limit of zero, which means no alcohol is permitted
These limits apply equally to a person or any sort of vehicle regardless of the number of passengers. This
means that if the carnage limit is set at one carton of beer, then a person can walk down the street carrying
one carton of beer. A truck, car, plane, dinghy or any other mode of transport is also only allowed to carry
one carton.
The driver of the vehicle, whether it is a car, boat, truck, dinghy or plane is the responsible person and would
be charged if their vehicle contained more alcohol than the carriage limit.
Aboriginal and Torres Strait Islander community
The AMP legislation is aimed at improving the lives of people living in remote Indigenous communities through
reducing the alcohol-related abuse and violence and to improve the health and wellbeing of all community
members.
Key amendments to the Liquor Act 1992 are:

• 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.

Penalties including fines and vehicle seizure may apply.


Bona fide travellers may take alcohol through a general restricted area, provided the container is unopened and
the alcohol is not given away, sold or consumer whilst in the restricted area.
Homemade alcohol
In March 2005, new laws banning the use of home-brew and home-made alcohol came into effect in the
indigenous communities of Mornington Island and Aurukun.
Other communities have since adopted this ban. This legislation is maintained by the Department of Communities
under The Aboriginal and Torres Strait Islander Communities (Justice, Land and Other Matters) Act 1984.
The Queensland police service is responsible for enforcing the home- brew ban under the Aboriginal and Torres
Strait Islander Communities Act 1984.
There are heavy penalties that can be applied to the offenders.
The maximum penalty for possession of homemade alcohol in communities with a zero carriage limit is:

• 500 penalty units (currently $37,500) for a first offence.


• 700 penalty units (currently $52,500) or 6 months imprisonment for a second offence.
• 1000 penalty units (currently $75,000) or 18 months imprisonment for a third or later offence.

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:

• Possess a home-brew kit; (includes a fermenter, an airlock and a thermometer).


• Possess home-brew concentrate; (malt and hops user for brewing beer, wort and grape concentrate used
for making wine).
• Possess home-made alcohol.
• Supply home-made alcohol to someone else.

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

Restricted Area - Northern Territory


The Northern Territory Liquor Act provides that the Northern Territory Licensing Commission can declare any of
the following liquor restrictions:
Private Restricted Premises to prevent bringing, possessing or consuming liquor in a private premise (including
a Territory Housing home).
Public Restricted Area to prevent the consumption of liquor in public areas such as Alice Springs town without a
permit.
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General Restricted Area to prevent the bringing, possessing or having control of liquor, consuming, selling or
otherwise disposing of liquor without a permit or licence.
General Restricted Areas
Since 1979, many Northern Territory Aboriginal communities have been using the restricted areas (now called
General Restricted Areas) provisions of the Liquor Act to support liquor management in their communities.
Under Part VIII of the Liquor Act, a community may apply to the Licensing Commission to have a restricted or
'dry' area declared. It is illegal to possess (apart from transporting liquor through an area) or consume liquor in a
General Restricted Area unless a liquor permit has been issued.
Penalties for breaking the restricted area law include the forfeiture and possible loss of any vehicles, i.e. cars or
boats, used to transport liquor into or inside a General Restricted Area. Persons found guilty may also be fined
up to $1,000 or gaoled for up to six months for a first offence and fined up to $2,000 or gaoled for up to twelve
months for a second and subsequent offences.
Currently there are over 100 General Restricted Areas in place, all of which are on Aboriginal land.
Types of General Restricted Areas
General Restricted Areas may take a number of forms including:

• 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).

Public Restricted Areas - Northern Territory


The Liquor Act has been amended to introduce a new category of public restricted areas or public 'dry' areas.
The Act allows city, town and community councils, as well as the police or the Director of Licensing, to apply to
the Northern Territory Licensing Commission for a declaration that applies to specified public areas that prohibits
the consumption of liquor in those areas. Generally, public drinking restrictions form part of a community Alcohol
Management Plan that incorporates alcohol supply, demand and harm reduction measures.
The following areas have restricted public drinking:
Darwin; Alice Springs; Katherine; Tennant Creek; East Arnhem
Each of these areas will be discussed in this course.
Drinking in public in Darwin
The Esplanade in the Darwin CBD and parts of Nightcliff, Rapid Creek and Coconut Grove have been declared
restricted for alcohol.
You can still drink responsibly on the Nightclifff foreshore between Aralia Street and Chapman road during the
following hours:

• Monday to Friday, 4pm to 10.30pm


• Weekends and public holidays, 12 noon to 10.30pm.
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Signs make it clear where drinking is not allowed.
Penalties
Penalties for drinking alcohol without a special event permit are: o confiscation or 'tip out' of alcohol by Police o
on the spot fine of $100, or o a fine of up to $500 if the matter goes to court; a possible ban from drinking.
Northern Territory
Alice Springs has certain measures to help reduce alcohol-related harm. These rules apply to everyone in Alice
Springs.
Public Restricted Areas
Drinking alcohol in public areas such as parks, streets, the Todd River bank is banned and attracts penalties.
However, you can still drink in private and licensed premises like homes, hotels and bars. Some special events
may be also licensed to allow drinking. Drinking is also permitted at the picnic area of the Telegraph Station
Reserve.
Takeaway Alcohol
Cask wine and fortified wine is limited to one purchase of either product per person per day, and only available
between 6:00pm - 9:00pm
Alice Springs takeaway trading hours: Monday to Friday 2:00pm - 9:00pm; Saturday and Public Holidays
10:00am - 9:00pm; Sundays (pubs and clubs only) Noon - 9:00pm
Photo ID System
Everyone must present photo ID when buying alcohol from licensed stores and public hotel takeaway outlets in
Alice Springs. Acceptable forms of ID include:

• 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.

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All staff serving alcohol must hold a Responsible Service of Alcohol Certificate within one month of starting
employment or as soon as practicable after this time.
The Katherine region Takeaway conditions, except trading hours, to apply to all relevant premises in Katherine,
Mataranka, Victoria River Roadhouse and Pine Creek.
Tennant Creek
The Tennant Creek Liquor Supply Plan is an integral part of the supply reduction strategies being introduced
under the Tennant Creek Alcohol Management Plan. The purpose of the Liquor Supply Plan is to limit
consumption of products with high alcohol content.
Sale of takeaway Liquor
Takeaway sales of liquor shall be only be allowed during the following hours: Sunday to Friday - from 14:00
hours to 20:00 hours; Saturday and Public Holidays - from 12:00 hours to 20:00hours; No trading on Good
Friday and Christmas Day.
With the exception of wine in casks and Darwin Stubby Souvenir packs, takeaway sales of liquor of any type
being sold or supplied in a container larger than one (1) litre is prohibited.
Wine in casks cannot be sold or supplied in containers larger than two (2) litres.
Cask wine, fortified wine and Stones Green Wine can only be sold between 16:00 hours and 18:00 hours (7)
days a week.
A person is restricted to one purchase of cask wine, fortified wine or green ginger wine per day.
Sale of wine in glass containers of a capacity greater than (1) litre are prohibited.
Takeaway sale of Port in any container is prohibited.
Beer in 750ml and 800ml glass containers is not permitted to be sold for takeaway purposes.
No sales of takeaway alcohol to taxi drivers and commercial drivers where the driver is acting as purchasing
agent.
The Darwin Stubby Souvenir pack shall only be sold for consumption away from the premises. The souvenir
pack shall only be sold at room temperature and in the presentation box provided.
In Tennant Creek and Threeways, the price of alcohol products shall not be advertised:

• on the external surfaces of the licensed premises;


• on billboards and blackboards etc. outside the premises, or
• in free newspapers, promotional pamphlets, circulars or posters.

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.

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The Permit will contain several restrictions, including a ban on drinking in many public places within Nhulunbuy
and the East Arnhem area. Permits are required because of the Licensing Commission decision to declare the
East Arnhem Region as a General Restricted Area under the Northern Territory Liquor Act.
You can apply for a permit if you are:

• over the age of 18 years old; and


• a resident of Nhulunbuy;
• a bona-fide visitor or tourist to the area and have recognised accommodation; or
• a resident of an Indigenous community within the General Restricted Area that allows their residents to
have a permit. Currently, these communities are Ski Beach and Yirrkala.

Temporary Visitors
Tourists or visitors will need to provide:

• an itinerary, invoice or other information confirming your travel arrangements; and


• Photo Identification such as Northern Territory, Interstate or International Driver's Licence or Passport.

Restricted Areas - Western Australia


Western Australia has restrictions in place in many parts of the State in relation to purchasing, consuming or
possessing alcohol. These restrictions have been implemented as a way of minimising alcohol-related harm in
Western Australia.
The Liquor Control Act 1988 provides for the following types of restrictions:
Section 64 Restrictions are imposed by the Director of Liquor Licensing, where it is in the public interest. These
restrictions:

• 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.

Restricted areas - South Australia


Dry Areas
Section 131 of the Liquor Licensing Act 1997 provides for the prohibition, by regulation, of the consumption or
possession of liquor in a specified public place, or a public place of a specified kind. The prohibition may be
absolute or conditional and may operate continuously or at specified times
Dry Area Legislation
The purpose of the dry area legislation is to curb alcohol related problems such as anti-social behaviour in public
areas such as reserves, main shopping precincts, car parks and foreshores.
Regulations ensure that areas are preserved for family enjoyment and recreation, free from intimidation or
disturbance from persons affected by alcohol.
Regulations can be made for a short term to cover one-off major events such as New Year's Eve, or for a longer
period.

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Section 5: Benefits of Alcohol
What you will learn in this section
After you complete this section you should understand the benefits of the alcohol to:

• 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

They may also drink for

• Relaxation
• Mood alteration
• Enhanced creativity
• Intoxication
• Addiction
• Boredom
• Habit
• Overcome inhibitions
• Escape or forget problems
• To 'drown their sorrows'

Benefits to the community


Throughout Australia, pubs and clubs have traditionally served as community meeting places, particularly in
rural or remote locations, where alcohol is viewed as an integral part of a rural lifestyle and is symbolically
associated with values such as "self-reliance", "hardiness", and "mateship".
Local hotels and clubs are the often seen as a primary source of entertainment and provide the main venue
for community and sporting groups. In many cases these "watering holes" contribute to community cohesion
and identity.
Benefits to the economy
The contribution of alcohol to the Australian economy is substantial with annual sales of alcohol products
contributing more than $15 billion, providing government revenue from indirect taxes on alcohol beverages is
estimated to be more than $5.5 billion. In 2011, it was estimated that Australian households spent on average
$1682 per year on alcohol.
Alcohol is also an important part of the tourism and hospitality industry which provides employment for
approximately 925,000 people directly and indirectly. In 2014 Tourism Australia, forecasted a total domestic and
international tourism spend of $107.1 billion.
In addition, there are many industry sectors involved in the sale and supply of alcohol products, including
primary producers, manufacturing and packaging companies, retailers, marketing and advertising, printing,
commodity and component suppliers, transport, and many independent suppliers of trade services.
Benefit to Night Time Economy
A recent report on economic measurements found that the Australian Night Time Economy generated $102 billion
with 25.8% of all Australian employees connected directly or indirectly with the Night Time Economy through
consumer services or through supply chain and supplier company activities. This accounted for over one million
people and 8.7% of all Australian employment.
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Source: The Australian Night Time Economy 2009 - 2014 (National Local Government Drug and Alcohol
Committee)
Pervasiveness of alcohol
Most Australians aged 14 years or over have tried alcohol, and many continue to drink throughout their life:

• around 90 percent have tried alcohol in their lifetime; and


• over 80 percent have consumed an alcoholic drink in the past 12 months

Location and amount of alcohol consumption -


It is not just people's tastes in alcohol that evolve as they age; attitudes towards drinking and the places at which
they generally do so also change significantly.
The latest National Drug Strategy Household Survey (2013) found that:

• 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%).

Section 6: Adverse effects of alcohol


What you will learn in this section
After you complete this section you should understand:

• Adverse effects of alcohol


• Harm caused by alcohol
• Cost of alcohol to the community
• Campaigns to reduce risks of alcohol

Adverse effects of alcohol


In Australian society, alcohol is the most widely used drug and is responsible for a considerable burden of death,
disease and injury in Australia.
Alcohol abuse or misuse not only affects an individual's health, but can also lead to:

• 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.

The costs of alcohol to the community


Alcohol consumption results in significant fiscal and health costs in Australia. In 2010, the cost of alcohol-related
harm (including harm to others) was reported to be $36 billion. Alcohol is also associated with 3,000 deaths and
65,000 hospitalisations every year.
The Hidden Harm: Alcohol's impact on children and families
Funded by FARE and undertaken by the Centre for Alcohol Policy Research (CAPR, capr.edu.au), The hidden
harm: Alcohol's impact on children and families, reveals the full extent of alcohol-related family and domestic
violence in Australia.
The 2015 study examined the prevalence and effects of heavy drinking on families and children, and the extent to
which they persisted or changed over time.
The hidden harm draws on two national surveys of alcohol's harm to others, service system data and qualitative
interviews with families. Providing for the first time a detailed and valuable insight into the magnitude of the problem
and the large numbers of Australian children who are being put at risk.
In 2011, there were 29,684 police-reported incidents of alcohol-related domestic violence in Australia, and that's
just in the four states and territories where this data is available.
Children are being verbally abused, left in unsupervised or unsafe situations, physically hurt or exposed to
domestic violence because of others' drinking. Many were also witnessing verbal or physical conflict, drinking or
inappropriate behaviour.

Hospitality Institute of Australasia © Page 21 of 80


Over a million children (22 per cent of all Australian children) are estimated to be affected in some way by the
drinking of others (2008).
142,582 children were substantially affected (2008), and more than 10,000 Australian children are in the child
protection system because of carers drinking (2006-07).
Reduce the risk
In 2009, the National Health and Medical Research Council (NHMRC) developed a set of guidelines to establish
the evidence base for future policies and community materials on reducing the health risks that arise from drinking
alcohol.
These guidelines communicate the risks to the Australian community to allow individuals to make informed
decisions regarding the amount of alcohol that they choose to drink.
Guideline 1: Reducing the risk of alcohol-related harm over a lifetime
The lifetime risk of harm from drinking alcohol increases with the amount consumed.
For healthy men and women, drinking no more than two standard drinks on any day reduces the lifetime risk of
harm from alcohol-related disease or injury.
Guideline 2: Reducing the risk of injury on a single occasion of drinking
On a single occasion of drinking, the risk of alcohol-related injury increases with the amount consumed.
For healthy men and women, drinking no more than four standard drinks on a single occasion reduces the risk of
alcohol-related injury arising from that occasion.
Guideline 3: Children and young people under 18 years of age
For children and young people under 18 years of age, not drinking alcohol is the safest option.
Parents and carers should be advised that children under 15 years of age are at the greatest risk of harm from
drinking and that for this age group, not drinking alcohol is especially important.
For young people aged 15-17 years, the safest option is to delay the initiation of drinking for as long as possible.
Guideline 4: Pregnancy and breastfeeding
Maternal alcohol consumption can harm the developing foetus or breastfeeding baby.
For women who are pregnant or planning a pregnancy, not drinking is the safest option.
For women who are breastfeeding, not drinking is the safest option.
The Australian Government fund numerous Alcohol Harm Minimisation Campaigns through various agencies
and departments to try and change the attitude and approach of the Australian drinking culture.

Tackling Binge Drin king


Aimed at tackling Binge Drinking amongst Australian youth.
http://www.tacklingbingedrinking.gov.au/

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Drink Wise
https://drinkwise.org.au/
Drink Wise Australia is an independent, not-for-profit organisation. Their primary focus is to help bring about a
healthier and safer drinking culture in Australia.

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.

Section 7: Alcohol and its affects


What you will learn in this section
After you complete this section you should understand the benefits of the alcohol to:

• the effect of alcohol


• factors that affect BAC
• harmful effects of alcohol
• sobering up

Into the Bloodstream


Alcohol is absorbed into the bloodstream as a person drinks.
It is initially absorbed through the stomach walls, but the majority is absorbed through the intestines and then
carried through the bloodstream to the brain.
Generally, the first effects of alcohol are registered 30 minutes after the first drink. One of the first effects of
alcohol is the loss of judgement and inhibitions.
The Path of Alcohol
Mouth: alcohol enters the body.
Stomach: some alcohol gets into the bloodstream in the stomach, but most moves on to the small intestine.
Small Intestine: alcohol enters the bloodstream through the walls of the small intestine.
Heart: pumps alcohol throughout the body.
Brain: alcohol reaches the brain.

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Liver: alcohol is oxidised by the liver at a variable rate (depends on various factors including gender, health,
stomach is full or empty, type of drink, etc.). Alcohol is converted into water, carbon dioxide & energy.

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%.

BAC Level Effect

0.01-0.05 Average individual appears normal

0.05-0.08 Mild euphoria, talkativeness, decreased inhibitions, decreased


attention, impaired judgment, increased reaction time

For RSA, patrons below this line could be considered 'intoxicated'

0.09-0.25 Emotional instability, loss of critical judgment, impairment of memory


and comprehension, decreased sensory response, mild muscular
incoordination.

0.15-0.30 Confusion, dizziness, exaggerated emotions (anger, fear, grief)


impaired visual perception, decreased pain sensation, impaired
balance, staggering gait, slurred speech, moderate muscular
incoordination

0.27-0.40 Apathy, impaired consciousness, stupor, significantly decreased


response to stimulation, severe muscular incoordination, inability to
stand or walk, vomiting, incontinence of urine and faeces

0.35-0.50 Unconsciousness, depressed or abolished reflexes, abnormal body


temperature, coma, possible death from respiratory paralysis

The effect of alcohol


As people drink more their Blood Alcohol Concentration (BAC) gets higher and the effects of intoxication
become more pronounced.

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
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High Doses
• Vomiting
• Breathing difficulties
• Unconsciousness
• Coma
• Death

Drinking & Driving


Under Australian national road rules, the legal limit for BAC for fully licensed car drivers is below 0.05
(gram/100ml).
Under the national rules in Australia, drivers of motor vehicles must have a BAC less than:

• 0.05 - Open licence


• (zero) - Learners & Probationary licences

as a percentage of alcohol in their bloodstream.


A general guide for men and women to minimise the risk of consuming too much alcohol before driving is:

• 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.

State Learner Provisional/ Open Commercial

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

VIC 0.00 0.00 0.05 0.00 over 4.5t GVM

QLD 0.00 0.00 0.05 0.00 over 4.5t GVM

TAS 0.00 0.00 0.05 0.00

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

WA 0.00 0.00 0.05 0.00

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SA 0.00 0.00 0.05 0.00

High risk people


Some types of people are at higher risk than others from the adverse effects of alcohol.

Minors The brains in persons under 18 are still developing and


excessive or abusive drinking may harm their cognitive
development and have long term detrimental effects

Young people Many young people practice binge drinking, excessive


drinking, or irresponsible drinking and are unused to the
strengths of some alcohols. Rates of risky behaviours are
generally higher among young people than the broader
population.

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.

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The following methods have NO effect in reducing the level of alcohol in a person's body.

• 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.

Section 8: Standard drinks


What you will learn in this section
After you complete this section you should understand:

• 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

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To keep track of how much alcohol has been consumed, drinkers should count standard drinks rather than
counting glasses or containers. Counting glasses, bottles, or cans is not a reliable measure as they contain
varying amounts of alcohol.
You can imagine how difficult it is to estimate alcohol consumption when large containers such as jugs and
casks are shared, glasses are topped up by others, the composition of mixed drinks (e.g. cocktails or punch) is
not known, and pre-mixed spirit drinks contain a variable amount of alcohol per bottle or can. In fact, even the
size of drinking glasses can vary across venues.
You must also consider that the same alcoholic style of drink can vary in its 'strength' and this impacts on the
number of standard drinks--e.g. a 375 ml can of beer is sold as:
Full strength (4.8% alcohol) = 1.4 standard drinks
Mid strength (3.5% alcohol) = 1 standard drink
Low strength (2.7% alcohol) = 0.8 standard drink.
Anyone serving alcohol may be asked by a customer to identify how many standard drinks are in a range of
products.

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Light Beer (2.7% alcohol)

375ml can or stubbie = 0.8 standard drink

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Medium light beer (3.5% alcohol) Also known as mid-strength beer

375ml can or stubbie = 1 standard drink

Medium light beer (3.5% alcohol) Also known as mid-strength beer

285ml glass (pot, middy) = 0.8 standard drink

Regular beer (4.9% alcohol) - also known as heavy beer

375ml can or stubbie = 1.4 standard drink

Regular beer (4.9% alcohol) Also known as heavy beer

425ml glass (schooner) = 1.6 standard drink

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Regular beer (4.9% alcohol)
1140ml jug = 4 standard drink

Wine (9.5% - 13% alcohol)


750ml bottle = approximately 7 to 8 standard bottles. Check bottle label of each individual bottle.

Wine (9.5% - 13% alcohol)


100ml glass = 1 standard drink. Note, most venues serve more than 100ml of wine in a glass.

Spirits and Liqueurs (40% alcohol)


700ml bottle = 22 standard drinks

Spirits and Liqueurs (40% alcohol)


30ml nip = 1 standard drink

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Pre-mixed spirits (approximately 5% alcohol)
375ml can or bottle = 1.5 to 2.5 standard drinks depending on strength. Check the label on the bottle for standard
drinks.

Alcoholic cider (approximately 5% alcohol)


375ml can or bottle = 1.2 standard drinks depending on strength. Check the label on the bottle for standard drinks.
Standard Drinks

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

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30mls of White Rum (equals 1 standard drink, 15ml of Vodka (half a standard drink) and 15mls of Gin (half a
standard drink) you have consumed 2 standard drinks (1 +0.5 +0.5 = 2).
In Australia all bottles, cans and casks of liquor must, by law, state the number of standard drinks they contain
and the percentage of alcohol by volume in the container.
HOW TO MEASURE A STANDARD DRINK

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.

15/30 Jigger / Measurer

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

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Can be either 15ml or 30ml measuring pourer with ball bearing pouring system
Fits in the top of all standard liquor bottles. Pours the correct amount of spirit without the need for a jigger.
In most bars, the most common spirits will have a spirit dispenser attached to the bottle. There is no need to use
a jigger to measure the amount of spirit to be poured.

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
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• Espresso coffee
• Tea
• Milk shakes and milk drinks

You can gain information about the beverages offered by your organisation sells by:

• Menus and signage in your venue


• Reading the labels on the bottle
• Reading promotional material
• Asking sales representatives for information
• Attending trade shows and product information days
• Personal experience
• Feedback from customers
• Other staff or your manager.

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:

• is likely to be attractive to minors


• is indecent or offensive; and/or
• encourages irresponsible, rapid or excessive consumption

The product:

• is likely to be confused with soft drinks or confectionary; and/or


• has special appeal to minors
• It is otherwise in the public interest to ban it

Undesirable products may include

• Alcoholic ice blocks


• Alcohol aerosol products
• Alcoholic milk
• Alcohol vapour
• Alcoholic Jelly cups
• Powdered Alcohol
• Alcohol served in 'syringe' containers

Section 9: Safe environment


What you will learn in this section
After you complete this section you should understand:

• What constitutes a safe environment.


• The fines and penalties for failure to provide a safe environment.

Safe environment
An establishment's trading methods may have a significant effect on surrounding businesses or nearby residents
resulting from:

• noise (entertainment, motors, patrons);


• patron behaviour problems (e.g. yelling, swearing, abusing other people, vandalism).

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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.
Customer safety
The safety and security of customers is of the highest priority. Problems can occur at any time. It is important that
staff are aware of how to handle these situations and the procedures which must be following.
Situations where personal safety of customers or colleagues could be threatened and assistance e is required
might include those where there are:

• Drug or alcohol affected persons who cannot be reasoned with


• People with guns or knives
• Situations where someone has been or may be hurt
• People who appear to be violent or are threatening
• Situations where customers refuse to leave or be pacified

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:

• noise (entertainment, motors, patrons);


• patron behaviour problems (e.g. yelling, swearing, abusing other people, vandalism).

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.

Lighting and signs


All areas in and around the premises should be clearly lit and signs, particularly emergency signs, should be well
positioned and clearly visible.
In addition, good lighting can:

• Help the create the right atmosphere


• Enable staff to monitor patrons
• Allow staff to read and check ids
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• Ensure staff can quickly locate emergency exits
• Outside lighting will create a safe area for patrons leaving the premises and waiting for transport.

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

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Particular attention should be given to areas that cannot be easily seen by bar staff or security. Regular collection
of glasses or table swabbing will let patrons know firmly that there is passive supervision. It will also act as a
deterrent for troublemakers.
Other Safety Issues
In providing a safe environment, the list of safety measures that may be considered is quite extensive. Some other
issues licensees should consider include:

• Regular fire and emergency evacuation training for staff;


• Ensuring emergency equipment is in good order and regularly inspected;
• Ensuring patrons leave after closing and do not gather outside;
• Alerting taxis prior to closing to be available for patrons, particularly on busy nights;
• Displaying posters and signs to remind staff and patrons of the issues and disciplinary actions involving
undue intoxication and underage drinking;
• Displaying trading hours in a prominent position;
• Ensuring that furniture and fittings are in good repair and do not contribute to accidents; and
• Being aware of the potential weapons some patrons may possess.

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.

FOR WHAT NOISE ARE LICENSEES RESPONSIBLE


Licensees are responsible for the noise emanating from:

• Entertainment at the venue


• Motors such as air conditioning and refrigeration units used for their business
• Patrons at the venue
• Patrons entering or leaving the premises

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.

• Can you make out the words to the song?


• Can you hear the bass?
• Are patrons singing or talking loudly on entry or departure from the venue?
• Could windows or doors be shut to contain the noise more effectively?

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:

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• all commonwealth departments
• all domestic flights and international flights out of Australia, and
• in airport buildings operated by the Federal Airports

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.

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An adequate supply of water must always be available for drinking, firefighting, hygiene purposes and for cooling
patrons during events.
All licensed events in the NT need to provide free drinking water to patrons by law. This minimises both the
potential for harm to and the intoxication level of patrons.
For non-licensed activities, event organisers can decide whether to provide drinking water free of charge or at a
reasonable cost.
The provision of bottled water on request, or for sale in bottled form is highly recommended as a precaution against
drink spiking.
For events where patrons are prohibited from bringing their own food or drinks, it is recommended that patrons be
permitted to bring proprietary brand water in clear plastic bottles with unbroken manufacturers seals, or empty
plastic containers.
Free drinking water must be provided at the rate of one outlet per 500 people.
Outlets need to be provided throughout the venue and should be spaced at a maximum of 25m apart.
Outlaw motorcycle gangs (OMCG)
Outlaw Motor Cycle Gangs (OMCGs) are one of the highest profile manifestations of organised crime. They
have an active presence in all Australian states and territories. It is the criminal activities of OMCGs that
distinguish them from recreational motor cycle riding clubs, which are made up of people who get together solely
to ride their motor cycles and socialise.
OMCG - Qld
Recent changes to the Liquor Act 1992 through the passing of the Serious and Organised Crime Legislation
Amendment Act 2016 have resulted in several minor amendments that licensees across Queensland should be
aware of.
Licensees and staff will no longer risk penalties if they do not remove, refuse or exclude a person wearing or
carrying prohibited items, as long as they took reasonable steps do so, or if they reasonably believed it was not
safe or practical to do so.
Under the new laws 'declared criminal organisation' has been replaced with 'identified organisation'.
The probity process for individuals or businesses to obtain a liquor licence remains as extensive but, under the
new laws, the Commissioner for Liquor and Gaming cannot refuse or cancel a licence, permit or approval because
an organisation or entity are 'alleged' to be an identified organisation or a participant of an identified organisation.
Under the Summary Offences Act 2005 it is illegal for a person to enter a licensed venue if they are wearing or
carrying prohibited items.
Prohibited items are defined in section 173EA of the Liquor Act 1992.
A prohibited item includes an item of clothing or jewellery or an accessory that displays:

• the name of an identified organisation


• the club patch, insignia or logo of an identified organisation (i.e. 'colours')
• any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an
association with, an identified organisation, including
• the symbol '1%'
• the symbol '1%er'
• any other image, symbol, abbreviation, acronym or other form of writing prescribed under the Act.

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.

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OMCG - SA
The Liquor Licensing Act 1997 prohibits people from entering or remaining on licensed premises if they are
wearing or carrying certain prohibited items associated with declared criminal organisations (often called ‘bikie
gangs’). These changes also impose restrictions on licensees, responsible persons and their employees.
A person is committing a criminal offence if they enter or remain in licensed premises while they are wearing or
carrying a prohibited item, which is clothing, jewellery or an accessory that displays the name of, or a symbol
representing, a declared criminal organisation. They are also committing an offence if they refuse to leave
licensed premises when asked to do so by management or the police.
Importantly, licensees, responsible persons and their employees are also committing a criminal offence if they
allow a person who is wearing or carrying a prohibited item to enter or remain on licensed premises. Licensees,
responsible persons and employees can avoid committing an offence if they call the police and report the
person. If such a call is made, the police must respond. Police have advised that calls should be made to 131
444.

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Licensees are advised to make all staff aware of the law and to include it in their Liquor Management Plan as
required under the General Code of Practice, to reflect the provisions. Staff need to be trained in the
management plan to ensure that they are aware of the relevant procedures.
OMCG – WA

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.

Section 10: Advertising & Promotions


What you will learn in this section
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After you complete this section you should understand:

• responsible advertising and promotions.

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 –

• Appropriate activities for advertising and promotion of alcohol are used


• Strategies promoting safe consumption of alcohol are used
• Responsible hospitality services are offered always

Advertising conditions - Queensland


A licensee or permittee must not advertise or allow anyone to advertise:

1. The availability of the following for consumption on the relevant premises:

• Free liquor
• Multiple quantities of liquor e.g. 2 drinks for the price of 1

1. The sale price of liquor for consumption on the relevant premises; or


2. A promotion that is likely to indicate to an ordinary person the availability of liquor, for consumption on
the relevant premises, at a price less than that normally charged for the For example - ‘happy hours’, ‘all
you can drink’, ‘toss the boss’

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:

• tends to encourage minors to consume liquor; or


• tends to encourage rapid or excessive consumption of alcohol

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:

• you only advertise the start or finish time, not both


• you don't advertise happy hour prices
• happy hour finishes by 8pm

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

Alcohol in non-standard measures


You can't serve drinks in test tubes or other non-standard measures.
Drink cards
You must not supply drink cards that encourage patrons to consume alcohol more rapidly than they otherwise
might.
Drink cards must not contain any of the following offers:

• a multiple of free drinks


• extreme discounts
• discounts of limited duration on a particular day or night.

Promotions
You must not offer promotions that encourage patrons to consume alcohol irresponsibly and excessively. This
includes:

• all you can drink offers


• free drinks for women
• two for one offers.

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.

ACCEPTABLE practices and promotions are those that:

• 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:

• Promoting or conducting sculling games.


• Promoting drinks such as laybacks where a patron cannot monitor or control their consumption.
• Consuming liquor from dispensers such as water pistols which do not allow a patron to monitor their
consumption or from glasses which cannot be rested, e.g. Test tubes.
• Producer/wholesalers or other persons supplying liquor on the condition that it is used to promote or
conduct an activity which encourages rapid or excessive consumption or discourages patrons from
monitoring or controlling their consumption of liquor.
• Conducting free or discounted drink promotions without appropriate levels of staff or security to monitor
consumption levels.
• Supplying liquor in dispensers or containers that encourage rapid and excessive consumption or prevent
patrons from monitoring/controlling their consumption. e.g. yard glasses

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.

Section 11: Signage

What you will learn in this section


After you complete this section you should understand:

• Signage required in licenced venues.

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Signage - Queensland

Signage that licensed venues must display by law

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).

ID scanning collection notice


If your venue is a regulated premises for ID scanning purposes, you must display a summary of your privacy
policy at or near the entrance to the venue, to allow patrons to view it before producing photo ID.

CCTV in use sign

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.

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Other signage for licensed venues
Signs are useful for notifying staff and patrons of their legal requirements and the fines for breaking liquor laws.
The Office of Liquor and Gaming Regulation provides signs for download, print and display.

Refuse Service No more it’s the law. If you are


asked to leave and refuse you can
be fined

BYO and takeaway From 1 July 2016, it is illegal to take


liquor into or away from this event.
You could face a fine of $3,047.

Identified organisations It's illegal to wear or carry clothing


or other items displaying the club
patch, insignia or logo of an
identified organisation at this
venue. Maximum penalty $12,190.

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Minors Under 18? You can't enter this area
unless supervised by a responsible
adult.

Noise When leaving this venue, please


consider our neighbours and keep
noise to a minimum.

Other We are proud to be a member of


our local safe night precinct board.

Rapid intoxication From 1 July 2016, rapid intoxication


drinks, including shots, cannot be
served at this venue after midnight.
Maximum penalty: $12,190.

U18 Restricted Under 18 You are not allowed


beyond this point.

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U18 Fake ID Using a fake or false ID? You could
be fined $365 on the spot. Can you
afford that

Staff to ask for ID Always keep a hand free to ask for


ID

Staff can be fined We can be fined if we sell, supply or


allow liquor to be consumed by an
unduly intoxicated patron.

Management: $63,075
Staff: $10,092

Id scanning Scan in for a safe night out

Signage - Western Australia

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

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Documents to be held on the premises and not necessarily displayed include:
• The Training register
• The Incident register
• Harm minimisation documents
• Management Plan
For those licence types in WA that are permitted to sell alcohol over the internet the following information must be
included on the home page or front page of an internet website run by the premises:
• The licence number
• The class of licence
• The name of the licensee
• The address of and telephone number for the licensed premises
• The following notice –
WARNING

Under the Liquor Control Act 1998, it is an offence:


• To sell or supply liquor to a person under the age of 18 years on licensed premises, or
• For a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated
premises
Failure to comply will incur a penalty for the licensee.

Sell or supply liquor to a person who is drunk

False or misleading ID

Against the laws to sell alcohol to under 18

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Signage - South Australia

Signage that must be displayed by law


The licensee must keep a copy of the licence showing all conditions and endorsements on the licence displayed at or
near the front entrance to the licensed premises at all times.

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.

Area out of bounds to persons under 18


Minors are not allowed in an area designated as out of bounds to minors. For an area to be declared out of bounds,
the licensee must apply to the Liquor and Gambling Commissioner to designate the area out of bounds to minors. A
Section 111 sign must be prominently displayed at all entry points to the designated area.

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Area out of bounds between 9pm and 5am

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 must be at least 18


A Section 113 sign must be prominently displayed in all areas of the licensed premises where minors are permitted.

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Signage – Northern Territory

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Section 12: Unduly Intoxicated
After you complete this section you should understand:

• To whom alcohol service must be refused


• The law on refusal of service in Qld, NT, SA and WA

Who must be refused service


As part of your job, there may be times when you must refuse service.
Service may be refused at any time for non-discriminatory reasons. For example, you may refuse service when
patrons do not meet dress standards.
However, there are times when you are required by law to refuse service
All states and territories have similar restrictions on patrons who cannot be sold and supplied alcohol.
The main reasons for refusal of service are:

1. The law requires it eg unduly intoxicated, disorderly or minor.


2. Safety of the patron - the consumption of liquor is placing their safety in jeopardy;
3. Safety of others - the consumption of liquor by a particular patron is placing the safety of other patrons in
jeopardy; and
4. Civil litigation - the licensee may be held responsible for not adhering to points 1-3, should an unduly
intoxicated patron endanger their life or the lives of others.

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.

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Ethanol (alcohol) produces intoxication because of its depressive effects on various areas of the brain
causing the following impairments in a progressive order as the person gets more and more drunk:

• Inhibition of normal social functioning (excessive talking, showing off)


• Loss of memory
• Confusion, disorientation, movement not coordinated,
• Coma; and ultimately
• The shutdown of the respiratory centres (death).

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—

• The person’s speech, balance, coordination or behaviour is noticeably affected; and


• There are reasonable grounds for believing the affected speech, balance, coordination or behaviour is the
result of the consumption of liquor, drugs or another intoxicating substance.

Offence
Infringement

• Sell liquor to an intoxicated patron


• Give liquor to an intoxicated patron
• Allow liquor to be given to the intoxicated patron
• Allow the intoxicated patron to consume liquor

Penalties
Maximum penalty for licensee or manager: $60,950
Maximum penalty for bar attendant or individual: $9,752

Patrons may remain on the premises


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.
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
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$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:

• the person's speech, balance, co-ordination or behaviour is noticeably affected; and


• it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or
behaviour is the result of the consumption of liquor or some other substance;

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

First Offence – $20,000


Second Offence – $40,000
Definition of Intoxication - Western Austalia
Under the Liquor Control Act 1988, a person is ‘drunk’ if:

• They are on a licensed or regulated premises; and


• Their speech, balance, co-ordination or behaviour appears to be noticeably impaired; and
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• It is reasonable in the circumstances to believe that their impairment results from the consumption of
liquor.

Under the Act, it is an offence for any person on a licensed or regulated venue to:

• Sell or supply, or permit the sale or supply of liquor to a drunk person;


• Allow or permit a drunk person to consume liquor;
• Obtain or attempt to obtain liquor for a person who is drunk to consume; or
• Aid a person who is drunk to obtain or consume liquor.

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

Drunken Persons (Intoxicated)

• sell or supply alcohol to a drunken


• permit a drunken person to consume
• obtain or attempt to obtain alcohol for consumption by a drunken
• aid a drunken person in obtaining or consuming

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:

• Pre-loading - consuming quantities of alcohol at home prior to venturing on a night


• Binge drinking - generally refers to drinking heavily over a short period with the intention of becoming
The practice of drinking ‘shots’ can be associated with ‘binge drinking’.
• Drinking strong alcoholic beverages – i.e. drinking products that are high in alc%/vol. It is important that
staff are aware of the alcoholic strength of all beverages they sell.
• Drinking erratically
• Drinking excessively
• Consuming illicit drugs and medications

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

• Serve free water


• Provide free snack food or promote food
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• Provide a range of mid, low and non-alcoholic drinks
• Actively promote low and non-alcohol drinks
• Wait for the person to re-order, don’t automatically fill up drinks
• Slow service down - keep busy attending to other patrons or cleaning
• Point to the relevant sign outlining legal responsibilities
• Alert other staff to a patron showing initial signs of intoxication
• Talk to the patrons to gauge their level of intoxication
• Deter risky or aggressive behaviour
• Don’t promote rapid, excessive or irresponsible consumption
• Restricting the types of alcohol available, particularly late at night e.g. A restriction on the sale of shots,
high strength RTD late at night.

Recognising the signs


In all states and territories of Australia, it is an offence to serve alcohol to someone who is intoxicated.
Therefore, you need to be able to assess the levels of intoxication in customers.
Remember, intoxication is a subjective assessment of a customer’s state based on the signs and circumstances
exhibited by the customer.

• Observe changes in behaviour of customers


• Observe emotional and physical state of customers
• Monitor noise level of customers
• Monitor drink purchases of customers

The indicators below are only some of the observable signs someone is or is becoming intoxicated.

Speech

Incoherent or muddled speech


Loss of train of thought
Rambling or unintelligible conversation
Slurring words
Balance

• Bumping into or knocking over furniture or people


• Falling or cannot stand
• Difficulty walking straight
• Staggering or stumbling
• Swaying uncontrollably
• Unsteady on feet
Co-ordination

• Difficulty counting or paying money and fumbling change


• Difficulty opening or
• closing doors
• Dropping drinks
• Inability to find mouth with a glass
• Spilling drinks
Behaviour

• 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:

• Does the person smell of alcohol?


• When did the person enter the premises?
• How long has the person been drinking?
• Was the person affected by alcohol when they entered the premises?
• Consider the type of alcohol and how much have you observed the person consume?

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:

• Mixing a wide range of drink types


• Drinking quickly and asking for more immediately
• Ordering more than one drink for self-consumption
• Mixing alcohol consumption with consumption of prescription or illicit drugs
• Consistently returning to the tasting site to request more samples
• Ordering multiple samples
• Ordering large samples
• Coming back for more and more samples
• Ordering triple-shots or extra-large drinks

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

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A rapid intoxication drink is one that is designed to be consumed rapidly or contains a high percentage of
alcohol.
Examples of these drinks are:

• 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:

• Sudden change in behaviour


• Mood swings; irritable and grumpy and then suddenly happy and bright
• Withdrawal from family and friends
• Careless about personal grooming
• Changed sleeping pattern; up at night and sleeping during the day
• Red or glassy eyes
• Sniffily or runny nose

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

• a stronger alcoholic drink


• adding alcohol to their non-alcoholic drink
• adding extra shots to an alcoholic drink

A variety of other substances have also been identified such as:

• 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?

• 4 out of 5 victims are female


• Around half of drink spiking victims are aged under 24
• Of the reported drink spiking incidents, a majority have no associated criminal
• victimisation, indicating that ‘prank spiking’ may be a common motivation for drink spiking
• Between 20 and 30 per cent of incidents reported to police involve sexual
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Drink Spiking Safety tips in Pubs and Clubs
Staff can improve the personal safety of patrons in pubs and clubs and stop the occurrence of drink spiking by:

• 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

Behaviours that may lead to asking customer to leave premises:

• Aggressive, rude or violent behaviour (includes spitting)


• Sexually inappropriate Including prostitution and soliciting,
• If a person has vomited due to alcohol consumption, they must be immediately refused service of any
more alcohol. You will need to remove the individual from public areas, provide support and enquire if they
need medical assistance.
• Inability to control toileting skills
• Racially inappropriate or discriminatory behaviour
• Drug use/consumption

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.

• Go to the person and offer assistance;


• Find out if they have a trusted friend in the venue who can help them get home;
• If they become sleepy while you are speaking to them, there is a good chance they are a victim of drink
spiking - carefully watch the person and arrange for a manager to assist them;
• Take the person's drink in its original container and give it to a manager for safekeeping in a secure
location;
• If possible, only touch the lowest part of the container and place it in a plastic bag. The drink may be crucial
evidence in finding an offender;
• Call an ambulance and the police if the person appears to have been drugged;
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• If you are suspicious of anyone in the company of the victim, ask for their ID and take note of details;, and
• If someone collapses and is unconscious call an ambulance immediately - but don't leave them alone.

Staff can help by:

• 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.

Section 13: Disorderly Patrons


What you will learn in this section
After you complete this section you should understand:

• How to recognise a disorderly patron


• The law regarding disorderly patrons

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.

Disorderly patrons - Queensland


Offence & Penalties
Infringement Penalties

• Sell liquor to a disorderly patron


• Give liquor to a disorderly patron
• Allow liquor to be given to the patron
• Allow the patron to consume liquor

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.

licensee or a manager $10,000 employee or agent $4 000


Disorderly Patrons - Northern Territory
A person who is intoxicated, violent, quarrelsome, disorderly or incapable of controlling their behaviour must
leave as soon as requested by licensee, employee, licensing inspector or police officer.
Individual $616 (increased fine) Max Penalty $3,080

Section 14: Minors


What you will learn in this section
After you complete this section you should understand:

• Who is a minor
• When a minor is allowed on licensed premises.

Click "Next" to continue.


Who is a minor?
In Australia, any person under the age of 18 is considered a minor. The Acts Interpretation Act 1954 defines a
minor as "an individual who is under 18".
Who is a responsible adult? A responsible adult, in relation to a minor, is any of the following:

• 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

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In Queensland, section 155(4) of the Liquor Act explains the term "exempt minor". It covers situations such as
minors who live or work on licensed premises.
According to this section, minors are allowed on licensed premises if they are:

• 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.

Offences & Penalties


Offence

• Sell liquor to a minor


• Give liquor to a minor
• Allow liquor to be given to a minor
• Allow a minor to consume liquor

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:

Licensee or a manager $10000


Employee or agent $4,000
Other persons $2000
Juveniles (Minors) attempts to purchase or obtain alcohol on licensed premises: $2,000

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Sending juveniles to obtain liquor $2,000
Secondary Supply to Juveniles (Minors) • occurs when another person purchases and supplies alcohol to
juveniles. $2 000
Minor on licensed premises - South Australia
Section 112(1) of the Liquor Licensing Act 1997 prohibits a minor from entering or remaining on licensed
premises between the hours of midnight and 5am, unless in:

• 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:

• At least 16 years of age, and


• Engaged in providing entertainment that does not involve nudity, partial nudity or wearing transparent
clothing

Minors working in a licensed premise.

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

Supply liquor to minors: (on licensed premises or otherwise)


Licensee or responsible person - First Offence $20,000
Second Offence - $40,000
Or other persons $5,000
Does not apply if the minor:

• Showed ID to an appropriate person


• Made a false statement regarding age and in consequence server believed minor was over 18 years

Minor consumes liquor


Licensee or responsible person - First Offence $20,000
Second Offence - $40,000
Minor $5,000
Person supplying liquor to minor in public place $5,000
Does not apply if the minor:
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• Showed ID to an appropriate person
• Made a false statement regarding age and in consequence server believed minor was over 18 years

Minor on licensed premises - Northern Territory


Children are usually not permitted to sell, serve or supply alcohol in licensed premises. Licensees can apply for
permission to employ children under exceptional cases.
Children under the age of 14 years and 9 months can't be employed in any capacity.
When children can sell, supply or serve alcohol
Under 16 years of age
Children under 16 years of age can sell, serve or supply alcohol if they meet all the following conditions:

• they are aged over 14 years nine months


• they are completing an accredited hospitality training course (not RSA)
• serving and supplying alcohol is only carried out as a course requirement
• serving and supplying alcohol takes place at an accredited training facility.

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:

• they are completing, or have completed, an accredited hospitality training course


• they have completed a responsible service of alcohol course
• they are under direct adult supervision at all times.

Non-alcohol related work on licensed premises


When to seek approval
You must apply for approval to employ children in non-alcohol related work if:

• the child is over 14 years nine months old


• the child will complete non-alcohol related duties
• the child would otherwise not be allowed to remain unaccompanied on licensed premises - this is a
condition of many liquor licences.

When to not seek approval


You don't need to apply for approval to employ children in non-alcohol related work if:

• the child is over 14 years nine months old


• the child will complete non-alcohol related duties
• the child can remain unaccompanied on licensed premises - e.g. if your liquor licence permits
unaccompanied minors on premises.

Offences & Penalties


To supply / sell, permit other to supply / sell, or assist child to be supplied / sold liquor
Licensee or employee Penalty notice $770 Maximum penalty $12,320

Section:15 - Proof of age


What can you expect to learn in this section of the RSA course?
When you have finished this section, "Minors", you should understand:

• Request and obtain acceptable proof of age prior to sale or service

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Acceptable Proof of Age
In general, liquor legislation requires photographic evidence of proof of age. Acceptable proof of age documents
must have a photograph and date of birth. Proof of age documents are also referred to as identification.

Queensland
Acceptable evidence of the age of a person is a document, issued to the person, that—

Is one of the following—


• An adult proof of age card;
• A recognised proof of age card;
• An Australian driver licence;
• A foreign driver licence;
• An Australian or foreign passport; and
• Is current; and
• Bears a photo of the person; and
• Indicates, by reference to the person’s date of birth or otherwise, the person has attained a particular age.

Western Australia

There are only three acceptable forms of photo ID under Section 126(2) of the Liquor Control Act 1988:

• current Australian Driver's Licence with photograph


• current passport
• current Western Australia Photo card
South Australia

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:

• a current photographic driver's licence


• a current photographic Proof of Age card
• a current passport issued by the Commonwealth or under the law of another country
• a current photographic KEYPASS identification card
Northern Territory

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.

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Acceptable Proof of Age Pictures

When should you check?


If you think a person is a minor, ask to see their identification.
When working in a licensed premise, never assume the door person or someone else has checked ID on arrival.
If you believe the person is a minor, ask to see their identification.
It is recommended that identification is check on entry into a venue and then again at the bar or service area.
Identification - real or fake
If you are presented with an acceptable form of identification, how do you determine if it is genuine?
The following hints will assist you to identify fake or tampered with identification documents:

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

Australia does not have a National Identity Card

An example of a Victorian fake ID from fakies.com.au

Another example of a fake ID from fakies.com.au, same person’s picture different state

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Daenerys Targaryen????

Seizing False Identification

What do you do if you come across a false identification document?


Qld
The person to whom the false document is produced, must seize and confiscate the document and give it to an
investigator.

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.

A person caught using false ID can:

• Have the false ID confiscated.


• Be asked to leave the licensed premises.
• Be fined by police.
SA
As a staff member, if you believe a person is underage and he/she does not leave the licensed premises, you may
hold onto the false ID until police arrive. If police determine that the ID is false the individual who presented the ID
can be fined and/or charged with a crime.

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.’

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This notice needs to be prominently placed on your website - consider putting it on your home page as well as
the actual page where online sales are made.
If you do not display this notice, you may be liable for an on-the-spot penalty or a court fine.
If you sell alcohol online, you must display your liquor licence number prominently on the website and in any
relevant advertisement published in print or electronically.
You can consider placing your liquor licence number on the home page and the page where online sales are
made. If you do not display your licence number, you may be liable for an on-the-spot penalty or a court fine.
Confirm people are at least 18 years of age
At the time, you make the first online or remote sale, you must confirm that the buyer is at least 18 years of age.
If you have regular customers, you only have to confirm they are at least 18 years of age the first time they buy
alcohol from you if you keep a record of the customer’s date of birth. If you do not keep a record, you will have to
get it when they make another order.
Give written instructions to deliverer
You must give written instructions to the person responsible for delivering the alcohol. The written instructions
must require the alcohol to be delivered:

• 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).

Phone, fax and mail order alcohol sellers


If you sell alcohol by taking orders over the phone or by fax or mail order, there are a number of rules you must
follow.
Display your licence
You must display your liquor licence number in any relevant advertisement published in print or electronically. If
you do not display your licence number, you may be liable for an on-the-spot penalty or a court fine.
Confirm people are at least 18 years of age
At the time, you make the first sale, by phone, fax or mail order, you must confirm that people are at least 18
years of age.
If you have regular customers, you only must confirm they are at least 18 years of age the first time they buy
alcohol from you if you keep a record of the customer’s date of birth. If you do not keep a record, you will have to
get it when they make another order.
Know who can accept alcohol deliveries
A person under the age of 18 years cannot accept delivery of alcohol sold online, by phone, fax or mail
order. Adults cannot ask children to accept deliveries
If alcohol is delivered to a person under 18 years of age, an on-the-spot penalty or a court fine can apply to both
the licensee and any person who delivered the alcohol on the licensee’s behalf.
Checklist for licensees who sell alcohol online, by phone, fax or mail order

• Make sure you put the compulsory notice on your website.


• Display your licence number on your website.
• Put your liquor licence number in any relevant electronic or print advertisement if you sell alcohol online,
by phone, fax or mail order.
• Confirm the date of birth for all customers – they must be at least 18 years of age.
• Keep a record of the customer’s date of birth – otherwise you will have to get it when they make another
order.
• Give written instructions to the person responsible for delivering the alcohol. The written instructions
must require the alcohol to be delivered:
o to the adult who placed the order (include their name in the instructions)
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o to another adult at the delivery address who can accept the order on behalf of the person who
placed the order
o 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).

Checklist for couriers and delivery people

• 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.

Section 16: Refusal of service


What can you expect to learn in this section of the RSA course?
When you have finished this section, you should understand:

• how to professionally refuse service.

Professional refusal of service


Once you have identified a patron to whom you must refuse service, it is important to refuse the service in a polite
manner including the reasons for refusal.
Refusal of service or advice to customers to modify their behaviour must be polite, consistent and courteous. You
will need good communication and interpersonal skills to minimise conflict and prevent possible confrontations
while ensuring patrons are aware of legislative requirements and the establishment’s expectations. The signage
relating to legislation and house policy should be used to assist you.
When explaining to patrons that you must refuse service based on liquor laws you can explain that:

• 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:

• Using open and non-aggressive body language

Using several strategies to defuse a situation:



o
Taking the person away from an audience
o
Blaming the refusal on the law
o
Monitoring the reactions of other customers
o
Picking early warning signs and intervening before the person is intoxicated.
o
Not using physical touch or negative body language
o
Remaining calm and using tactful language
• The dos and don'ts of professional service
• The following do's and don'ts will help you deliver a professional refusal of service.
• DO obtain agreement from a supervisor and notify security, if available, before speaking to the patron.
• DO remove the patron from other people.
• DO be polite and avoid value judgements. Use tactful and constructive language.

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• DO point to poster/signs behind the liquor service to reinforce your decision, e.g. "No More It's the Law".
• DO report the refusal of service to the supervisor.
• DO explain the reason for refusal of service, e.g. continued bad language, inappropriate behaviour.
• DO offer (if appropriate) non-alcoholic beverages instead, or phone a taxi or a friend to drive them home.
It is harder to get angry with someone offering to do something for you.
• DO make sure that they leave the premises safely and that they don't hang around outside.
• DO avoid any physical contact with the patron.
• DO enter incidents relating to refusal of service in a log-book, especially those involving threats or
aggression.

• DON'T call your patron a `drunk' but warn them politely that their behaviour is unacceptable.
• DON'T raise your voice - if they raise theirs, lower yours.
• DON'T think the matter is over because you have verbally addressed it.
• DON'T put off refusal hoping that the patron will leave after the next drink - act while the patron can still
be reasoned with.
• DON'T tell them what to do or how to behave.
• DON'T be persuaded to give them one last drink after you have stated that they have had enough.
• DON'T let the issue go by because the patron has left. Record it.
Safe transport
When you refuse service to customers, you can still provide appropriate assistance to them so they can continue
their evening in a safe manner. You also have a duty of care and a legal requirement to ensure that your customers
are safe even after they have left the venue.
Appropriate assistance to customers when refusing sale or service may include:

• Organising transport for customers wishing to leave


• Providing information on taxis
• Offering to call a taxi for patrons
• Having a free phone available for patrons to call a taxi
• Displaying taxi signage
• Courtesy bus
• Public transport
• Assisting the customer to connect with their designated driver
• Offering to sell or serve non-alcoholic drinks
• Offering alternatives to alcohol, including food

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

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A licensee, permittee, or an employee, can evict a person from licensed premises in exercise of the right to refuse
to sell or supply liquor or in exercise of a power or duty under the liquor legislation. The person must not resist the
licensee, permittee, employee or refuse to leave the premises when required to do so.
The specific requirements are different in each state/territory, but typically the following situations would require a
person to leave the premises:

• They are underage


• The person committed an offence
• The person was intoxicated
• The person was acting offensively
• The person was violent or aggressive

Refer difficult situations beyond your experience and responsibility


If you do not have the authority or the experience to handle conflict, you can ask a more senior person in the
organisation for help. This could be a fellow staff member with more experience, your manager or the venue
manager.
Good customer contact skills are an important when dealing with conflict situations. If you don’t think you can
handle the situation, you can ask your manager or another staff member for assistance.
Customers like to be treated with respect and in a courteous manner. They would like to fell that their request
has not been undermined by someone who feels superior or by a non-caring employee who is not interested.
If you are helpful and acknowledge the customer they will respond accordingly. However, conflict may still arise.
There will be times when a patron becomes aggressive. Remember the following tips when dealing with an
aggressive patron.
Never meet aggression with aggression.
Being aggressive doesn't solve the problem, it only makes it worse. Use calm, relaxed body language to take the
heat out of the situation and to avoid presenting a challenge or a threat.
A lot of aggression in licensed premises is about status.
Being seen to be tough and macho, so try to move the offender away from their audience;
Always be clear about your decision
Whether you want the offender to leave the premises, stop drinking, or just sit down and behave, make sure this
is clearly understood. Any doubt or ambiguity will cause further argument and aggression.
Never allow a confrontation to get personal.
When you refuse someone, give reasons based on the law, or house policy, and you make it clear that there is
not personal dislike or criticism involved. Above all, make sure that offenders keep their dignity. "Let them have
the last word', even when this means swallowing your own pride.
The following tips will also help

• Breathe (don't panic) – calm before control.


• Assess the situation for your own personal safety and the safety of others.
• Be calm and never respond to aggression.
• Try to diffuse the situation and reduce the interest from other patrons.
• Never meet aggression with aggression – this will frequently escalate the situation.
• Use calming language and calming body language – keep an open stance with palms open.
• Be clear and introduce yourself and your role.
• Ask their name - this can assist in defusing the situation.
• Speak clearly and do not appear condescending.

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:

• The person behaves in an offensive or disorderly manner


• The person commits an offence
• The licensee or responsible person believes that the welfare of the person or the person’s family is
seriously at risk because of the consumption of alcohol by the person
• Any other reasonable ground

• Where required, speech should be polite, but firm, directive and not ambiguous.

Refusal of service - Queensland


In some circumstances, it is necessary to refuse service to patrons. This responsibility cannot be avoided.
Why should service be refused?

• Continuing service may be an offence under the Liquor Act 1992


• Safety of the patron
• The safety of other patrons
• Civil liability risks

OLGR has signs available free of charge to assist patrons with information that service will be refused and that
fines apply.

Patrons may remain on the premises:

• 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;

• That the person is or appears to be drunk


• The person is behaving in an offensive manner, or
• The person is not dressed in conformity with the licensee’s requirements for a standard of dress

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The Act does not state how long a person can be refused entry or service. It does not say whether a person can
be refused service for a matter of days, weeks, and months or longer.
Refusal of service - South Australia
In South Australia, a licensee or the licensee’s approved responsible person may, by order served on a person,
bar the person from entering or remaining on the licensed premise for a specified period.
A person can be barred;

• If the person commits an offence, or behaves in an offensive or disorderly manner, on or in an area


adjacent to, the licensed premises.
• If the licensee or the approved responsible person is satisfied that the welfare of the person, or the
welfare of persons residing with that person, are seriously at risk because of the consumption of alcohol.
• On any other reasonable ground.
• Barring periods may range from;

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).

Hospitality Institute of Australasia © Page 80 of 80

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