Lesson 1: ABOUT THE UNIT – SITHFAB021 Provide Responsible Service of Alcohol
Introduction
Welcome to your Responsible Service of Alcohol course commonly known as the ‘RSA’.
It is mandatory for certain staff involved in the Australian liquor and gaming industries to have obtained the appropriate certification in the Responsible Service of Alcohol (RSA) within a limited time after first starting work.
- In QLD, RSA training must be completed within 30 days of starting work.
- In WA, club staff engaged in the sale, supply or service of liquor have 28 days from the date they commence employment/volunteer in that capacity to complete the course.
- In SA and TAS, an RSA must be obtained within 3 months of starting employment. In SA, security personnel must have an RSA before starting work. In Tasmania, you must be 16 years or older to do an RSA course.
- In the ACT, a Staff Responsible Service of Alcohol (RSA) must be obtained before starting work.
- In NT, employees need to have an RSA certificate within seven days of starting work at licensed premises.
- In VIC, licence and staff have one (1) month from the date they first sell, offer for sale or serve liquor on a licensed premise to complete an approved RSA training course.
The focus of this course is ensuring that staff who are providing, selling or serving alcohol are aware of the performance outcomes, skills and knowledge required to responsibly sell or serve alcohol on a licensed premise.
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Additional Training Requirements
It is mandatory for certain staff involved in the Australian liquor and gaming industries to have obtained the appropriate certification in the Responsible Service of Alcohol (RSA) within a limited time after first starting work.
The focus of this course is ensuring that staff who are providing, selling or serving alcohol are aware of the performance outcomes, skills and knowledge required to responsibly sell or serve alcohol on a licensed premise.
Queensland
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.
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
Fine
Licensee/permittee fails to keep/produce copies of the approved manager's/licensee's current training and course certificates
$1,613
Western Australia
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 Managers:
- Restricted – Applicable only on Club, Club Restricted and Occasional licensed premises. They need to complete SITHFAB021 Provide responsible service of alcohol
- Unrestricted – Applicable to all types of licensed premises. They need to complete SITHFAB021 Provide responsible service of alcohol plus a course in Management of Licensed Premises 52735WA (MLPLCA401A, MLPLCA402A and MLPLCA403A)
An Approved Manager ID Card must be kept on your person at all times 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.
South Australia
A Responsible Person (RP)
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 an 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 are 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 7 days of being requested to do so by an authorised officer.
If you don't have a responsible person on duty, you can be issued an on-the-spot fine of $1,200 and a maximum penalty of $20,000.
Northern Territory
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 seven days of starting work at licensed premises.
- Employees need to renew their RSA certificate every three years .
- RSA certificate for SITHFAB021 Provide responsible service of alcohol issued by any of the accredited Australian training providers is acceptable in the Northern Territory.
Record-Keeping Requirements
Licensees must keep an RSA register on the premises, with a copy of each staff member's RSA certificate included.
Tasmania
A licensee must not allow a person to serve liquor on licensed premises unless the person:
- has successfully completed an RSA course ; or
- is enrolled to undertake a course within 3 months of commencing work.
Record-Keeping Requirements
From 1 October 2018, the requirement for a licensee to maintain a Responsible Service of Alcohol (RSA) register is no longer mandatory.
Licensees need to retain a copy of the RSA certificate issued to any staff member involved in the sale and service of liquor, or evidence of a staff member’s enrolment in an approved course.
Licensees must be able to produce the certificates or evidence of enrolment when required.
Licensees can also keep the records electronically.
Australian Capital Territory
In the ACT, a Staff Responsible Service of Alcohol (RSA) must be obtained before starting work.
Record-Keeping Requirements
It is a requirement of the Act that licensees keep copies of RSA certificates for the following people:
- The licensee
- Each employee who serves liquor at the licensed premises
- Each crowd controller working at the licensed premises.
All copies of RSA certificates should be kept on the premises and be made available for inspection by an appropriate person on request.
Offences for Supplying liquor without RSA certificate:
Fine
Licensee or permit-holder without RSA
Up to $8,000
Employee without RSA
Up to $1,600
Licensee or permit-holder allows the employee to serve
Up to $8,000
Crowd controller without RSA
Up to $1,600
Licensee or permit-holder allows crowd controller to work
Up to $8,000
Fail to keep RSA certificates of each staff member
Up to $3,200
Victoria
Record-Keeping Requirements
It is a requirement of the Act that licensees keep copies of RSA certificates for the following people:
- The licensee
- Each employee who sells, offers for sale or serves liquor on the licensed premises
- Person responsible for the management or control of the licensed premises
Only RSA certificates issued within three years are valid. All copies of RSA certificates (photocopies or electronic copies are acceptable) should be kept on the premises and be made available for inspection by an appropriate person on request.
Offences related to RSA training:
Fine
Failure by licensee (natural person) to complete an approved RSA program (either refresher or initial training) within 3 years of last completing an approved RSA program
Up to 11,855
Failure by licensee (body corporate) to ensure that the person responsible for the management or control of the licensed premises has completed an approved RSA program (either refresher or initial training) within 3 years of last completing an approved RSA program
Up to 11,855
Failure by the licensee to ensure that any person who sells, offers for sale or serves liquor on the licensed premises has completed an approved RSA program within the 3 years prior to beginning to sell, offer for sale or serve liquor on the licensed premises
Up to 11,855
Failure by licensee to ensure that any person who sells, offers for sale or serves liquor on the licensed premises has completed an approved RSA program (either refresher or initial training) within 3 years of last completing an approved RSA program
Up to 11,855
Failure by the licensee to establish and maintain an approved RSA program register
Up to $988
Failure by the licensee to produce an approved RSA program register
Up to $988
Advanced RSA training
Anyone applying for a new late-night (general) licence or late-night (on-premises) licence that authorises the supply of liquor after 1 am for on-premises consumption must complete the Advanced RSA training course. This requirement does not apply in relation to late-night (on-premises) licences with restaurant and cafe conditions.
Interstate Recognition
Anyone with a nationally accredited RSA qualification obtained through face-to-face or online training from an RTO recognised in another state or territory will be able to complete the VGCCC’s free online RSA bridging course to have their qualification recognised in Victoria. Once you have completed the course, you will receive a Victorian RSA certificate that allows you to work in a Victorian licensed venue.
Your Role as an RSA Staff Member
Bar, liquor store and gaming area staff who sell, serve or provide alcohol to customers, must know how to follow responsible service of alcohol laws and responsible hospitality practices.
The following six learning areas cover the typical skills and knowledge of staff under RSA. These practices will be assessed using scenarios, online simulated events and verbal assessment.
- Sell or serve alcohol responsibly
- Identify issues related to the sale or service of alcohol to different types of customers, especially those at risk.
- Assess alcohol-affected customers and identify those to whom sale or service must be refused
- Refusing to provide alcohol
- Workplace skills
- Workplace knowledge
Visit https://training.gov.au/Training/Details/SITHFAB021 to get details on the unit - SITHFAB021 Provide responsible service of alcohol
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The Path of Alcohol in the body
- 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
- 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.
The average person’s liver will take about an hour to process 10 grams of alcohol, which is the amount of alcohol in a standard drink.
There are many stories and ‘old wives’ tales’ about how to sober up after being intoxicated. Some of the most common are taking a cold shower, vomiting and drinking coffee.
The only way that alcohol can get out of the system is through the liver and no matter how much coffee, dancing or exercise a person does, the rate at which this happens is pretty much fixed.
How alcohol affects us
Not all people are affected by alcohol in the same way and different amounts of alcohol can have different effects.
Several factors influence the rate at which a person becomes intoxicated:
- amount of alcohol consumed
- the general state of health
- gender
- body weight
- medications
- food intake
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.
There are a number of other health issues from the use of alcohol. These range from an increase in the risk of cancer, stroke, liver damage and heart damage among others. See below for examples of short and long-term issues related to alcohol misuse.
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Short term issues
Long term damage
Headache, nausea, memory loss, vomiting, diarrhoea, absenteeism from work, loss of concentration, unsafe sex, loss of control of motor functions, personality changes.
Heart disease, high blood pressure, stomach ulcers, liver disease, weight problems, brain damage, memory loss, dependence, anxiety, financial problems, cancer, pregnancy complications, learning difficulty, fits, nerve damage, muscle damage.
Definition of Intoxication
The consumption of alcohol, illicit drugs or medicines can cause intoxication. Dealing with intoxication at a conceptual and practical level is a priority for both legislators and police.
While serving and supplying an intoxicated and/or drunk person is an offence in every state and territory, each jurisdiction defines these terms in different ways and applies different obligations in relation to the offence of intoxication.
The offence may apply to anyone:
- A licensee
- A staff member
- A club director
- A volunteer (who has liquor service responsibilities)
- A patron
What is Intoxication?
The most common definitions of intoxication used in the state/territory laws:
‘Intoxicated’ is “a state of being in which a person’s mental and physical faculties are impaired because of consumption of alcohol (or other drugs) so as to diminish the person’s ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties, and using reasonable care, would act under like circumstances”.
It is the responsibility of licensees and staff to monitor a patron’s behaviour, level of intoxication and to prevent the service of alcohol to an intoxicated person. Intoxicated patron must be refused service of further alcohol and either leave the premises or in some circumstances, offered non-alcoholic beverages such as soft drinks, tea or coffee.
Drunk (WA)
Intoxicated (NSW, VIC, SA, ACT, TAS, NT)
Unduly Intoxicated (QLD)
For the purpose of RSA in Australia the accepted standard drinks are:
Australian labelling laws
Under the Food Standards Code (FSANZ sections 1.2 & 2.7) an alcoholic beverage containing more than 1.15% alcohol by volume must include a statement of the alcohol content. This statement must indicate the volume of alcohol in the alcoholic beverage as a proportion of the alcoholic beverage.
The label on a package of an alcoholic beverage must include a statement of the number of standard drinks in the package.
Where the package contains ten or less standard drinks, this statement must be accurate to the first decimal place. Where the package contains more than ten standard drinks, this statement must be accurate to the nearest whole number of standard drinks.
Lesson 3: Benefits & Adverse Effects of Alcohol
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 and for many Australians “having a drink” is synonymous with relaxation, socialising, and good times. Many historical and social factors contribute to the way in which alcohol is used today.
The liquor industry offers a variety of benefits to its customers and employees. Here are just a few:
- A Social Atmosphere: Bars and restaurants that serve alcohol provide a space for friends and family to come together, relax, and enjoy each other's company.
- Good Food and Drink: Whether you're looking for a craft cocktail or a cold beer, the liquor industry has something for everyone. And with food options ranging from pub fare to fine dining, there's always something tasty to pair with your drink of choice.
- Entertainment: Many bars and restaurants offer live music, comedy shows, trivia nights, and other forms of entertainment that make for a memorable night out.
- Jobs: The liquor industry provides employment opportunities for bartenders, servers, kitchen staff, live performers & tradespeople.
People use alcohol for a variety of reasons:
- It's a cultural thing
- As a social activity with friends
- It can be liberating and empowering to some people
- It can be a form of currency. People repay a favour with a slab of beer for example
- It tastes good
- It makes people feel good
- May have beneficial health properties
- It’s a social leveller - having a drink is common to all classes
They may also drink for:
- Relaxation
- Religious observance
- Peer influence
- Enjoyment
- Mood alteration
- Enhanced creativity
- Intoxication
- Addiction
- Boredom
- Habit
- Overcome inhibitions
- Escape or forget problems
- To ‘drown their sorrows’
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Benefits of Alcohol 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 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 of Alcohol to the Economy
The contribution of alcohol to the Australian economy is substantial with annual sales of alcohol products contributing in excess of $15 billion, providing government revenue from indirect taxes on alcohol beverages is estimated to be in excess of $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.
Adverse effects of excessive alcohol consumption
Patrons who have consumed excessive amounts of alcohol and are intoxicated may display aggressive behaviour towards the staff and other customers at an alcohol-serving venue.
Patrons who have consumed excessive amounts of alcohol may be destructive towards venues that refuse to serve them any more alcoholic drinks.
Staff members of establishments are obligated to take care of intoxicated patrons.
Not only it harms the reputation of the liquor industry and the hospitality venues, but also affects the reputation of the venue as an employer amongst job seekers.
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:
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 costs Australia $36 billion/year: ABC report
Alcohol in a workplace
Adverse effects of alcohol
Drinking is a major factor in much of the injury resulting from road crashes and other accidents, and in social problems such as violence, family breakdown, night-time assaults, child abuse and neglect.
Alcohol-related harm is not restricted to the individual drinkers but has devastating consequences for families, bystanders and the broader community.
Alcohol-related issues have been rated as the 3rd greatest problem faced by 15-24-year olds.
Alcohol consumption has resulted 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.
What are the chances of being harmed?
The Hidden Harm
The Hidden Harm: Alcohol’s impact on children and families
Funded by FARE and undertaken by the Centre for Alcohol Policy Research (CAPR), The hidden harm: Alcohol’s devastating 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.
It paints a concerning picture of the prevalence of alcohol-related family and domestic violence in Australia, shedding new light on a hidden dimension of alcohol harms that occur largely behind closed doors.
The Hidden Harm: Key Findings
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.
- 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).
For details, visit: http://fare.org.au/the-hidden-harm-alcohols-impact-on-children-and-families/
Lesson 4: BAC - Blood Alcohol Concentration
What is BAC?
BAC stands for Blood Alcohol Concentration and is a measure of the amount (%) of alcohol in your blood.
Your BAC begins to rise the instant you start drinking and usually takes an hour after you finish your last drink to reach its highest level.
After a heavy drinking session, it could take up to 18 hours for alcohol to leave your system. Your liver only processes equivalent to 1 standard drink per hour.
ONE standard drink per hour will raise the BAC* by around 0.0155g.
Effect of Alcohol by BAC Level
Relative Stages
Indication
BAC Level
Effects
Feeling of wellbeing
Up to 0.05
Talkative, relaxed, confident, happy, cheerful
Getting risky
0.05 to 0.08
Impaired judgment, lack of attention, reduced inhibitions
For the purpose of RSA, patrons below this line could be considered as ‘intoxicated’
Dangerous
0.08 to 0.15
Speech slurred, visual impairment, nausea and vomiting, slowed reflexes, balance affected.
Stupor
0.15 to 0.40
Laboured breathing, loss of bladder control, sleepy, passing out, unable to walk unaided.
Death
Over 0.40
Coma, shock, death
Drinking and Driving
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.
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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 a safe system of work is 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.
Obligations required by law
The goal of the harm minimisation initiatives is to improve individual and community safety and reduce human, health, economic and social costs associated with the misuse of alcohol.
Licensees and staff of licensed premises have a range of obligations to their patrons under the relevant state/territory liquor legislation:
Queensland
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.
Western Australia
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.
South Australia
It is an offence under the Liquor Licensing Act 1997 to sell or supply liquor to a person who, you believe, is intoxicated.
An offence may be committed by the licensee, responsible person and the person by whom the liquor is sold or supplied.
https://www.cbs.sa.gov.au/documents/intoxication-guidelines-in-plain-english0e8c.pdf
Liquor Licensing Act 1997, states that 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.
- Ensure the safety or welfare of children attending kindergarten, primary school or secondary school in the vicinity of the licensed premises
- Ensure the amenity of the locality of the licensed premises would not be adversely affected
Northern Territory
Licensees have very heavy and strict obligations under the Liquor Act 2019 and their liquor licenses in respect to the sale and supply of alcohol (see Part 4 of Liquor Act 2019).
The most significant obligation states:
“A licensee or an employee of a licensee must not sell or otherwise supply liquor to a person who is drunk.”
Other General Obligations
- A licensee or employee of a licensee must not sell adulterated liquor.
- A person must not enter, or remain on, premises that are licensed for the consumption of liquor on the premises unless they are open for the sale of liquor in accordance with the conditions of the licence.
- A licensee or an employee of a licensee must not permit indecent, violent, quarrelsome or riotous conduct to occur on or at the licensee's licensed premises.
- A child must not enter or remain on licensed premises or any part of licensed premises that is a prohibited area
- A person must not sell or otherwise supply liquor to a child on licensed premises; or permit someone else to sell or otherwise supply liquor to a child on licensed premises; or engages in conduct that results in a child being sold or otherwise supplied with liquor, or consuming liquor, on licensed premises.
- Licensee must not contravene licence conditions
- A person must not sell any liquor unless the sale is authorised by a licence.
- A licensee must not employ a child to sell or otherwise supply liquor on licensed premises unless permitted by the Director-General to sell or otherwise supply liquor on licensed premises as an employee of the licensee; or someone undergoing employment training.
- A child must not purchase or collect liquor.
Banned Drinker Order (BDO)
If you have a BDO, it means you are not allowed to purchase, possess or consume alcohol for the period of your order. This includes buying takeaway alcohol. You will also be on the Banned Drinker Register (BDR).
You can receive a BDO by:
- alcohol-related interactions with police
- the BDR registrar following a referral by an authorised person
- choice - through a self-referral to the BDR.
You can also be placed on the BDR through an alcohol restriction attached to a court or parole order.
Tasmania
The Liquor Licensing Act 1990 regulates the sale, supply, promotion and consumption of liquor in Tasmania.
- The object of this Act is to regulate the sale, supply, promotion and consumption of liquor, so as to –
- minimise harm arising from the misuse of liquor by –
- ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and
- restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and
- encouraging a culture of responsible consumption of liquor; and
- facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.
- It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the object set out in subsection (1).
The Act prohibits:
- the sale of liquor except as authorised by a licence, permit or general liquor exemption and prescribes certain qualifications and best interests of the community considerations before an authority to sell liquor may be granted;
- the sale of liquor to young people and to intoxicated people; and
- granting a licence in connection with the activities of a supermarket.
Australian Capital Territory
Licensees have an obligation under the Liquor Act 2010 to:
- minimise the harm associated with the consumption of liquor;
- facilitate the responsible development of the liquor and hospitality industries in a way that takes into account community safety; and
- encourage and support liquor consumers to take responsibility for their consumption and their behaviour if it is affected by the consumption of liquor.
Victoria
Victoria boasts a vibrant hospitality and tourism industry with a culture of appreciating fine food and entertainment. The sale and enjoyment of alcohol is part of this.
Holding a liquor licence is a privilege, not a right, and selling alcohol comes with very real and serious obligations. As the holder of an on-premises licence you are allowed to supply alcohol to people within your licensed area. Other general licence obligations include:
- The venue must not cause problems with the amenity of the surrounding area.
- A copy of the current licence must be displayed in an obvious place where anybody can read the conditions.
- Licensees and staff involved in the supply of alcohol need to complete an RSA training course approved by the VGCCC.
- Free drinking water must be available to patrons on licensed premises where alcohol is consumed on-site.
- Alcohol must not be supplied to a person who is intoxicated.
- Drunken or disorderly person must not be allowed to be on your premises.
- People under 18 years must not be allowed to drink alcohol on your licensed premises under any circumstances.
National Campaigns
Alcohol Truth
The campaign puts the facts at the forefront of discussion on alcohol. Alcohol Truth explores alcohol industry efforts to counter evidence-based strategies to tackle alcohol harm in Australia.
Booze-Free Sport
The campaign is calling for alcohol sponsors to be phased out of professional sports.
Women Want to Know
The project encourages health professionals to routinely discuss alcohol and pregnancy with women and to provide advice that is consistent with the National Health and Medical Research Council's Australian Guidelines to Reduce Health Risks from Drinking Alcohol.
National Drug Strategy
The National Drug Strategy, is a cooperative venture between Australian, state and territory governments and the non-government sector, is a national framework for building safe, healthy and resilient Australian communities through preventing and minimising alcohol, tobacco and other drug-related health, social, cultural and economic harms among individuals, families and communities.
The National Drug Strategy 2017-2026 identifies three different types of priority areas of focus for consideration in implementation: actions, populations and substances. These priorities reflect current available evidence of harms, as well as the views presented through the consultation processes undertaken to support the development of the Strategy.
Pervasiveness of alcohol
The majority of Australians aged 14 years or over have tried alcohol, and many continue to drink throughout the lifespan:
- around 90 percent have tried alcohol in their lifetime; and
- over 80 percent have consumed an alcoholic drink in the past 12 months
Current use and trends
Location and amount of alcohol consumption - It’s 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 (2016) found that:
- About 8 in 10 Australians aged 14 or older reported they had consumed alcohol in the past year and 6.5% drank on a daily basis.
- About 1 in 4 (24%) people aged 14 or older reported they had been a victim of an alcohol-related incident in 2016.
- About 1 in 6 (17.4%) people aged 14 or older had put themselves or others at risk of harm while under the influence of alcohol in the last 12 months.
- About half of the recent drinkers took action to reduce their alcohol intake and the main reason for doing this was due to concern for their health.
Australian Guidelines to Reduce Health Risks from Drinking Alcohol
These guidelines are developed by National Health and Medical Research Council (NHMRC) to provide the Australian population with clear and evidence-based advice about alcohol, to help people make informed choices about their drinking. The guidelines are also intended to form the evidence base for future policymaking and educational materials.
These guidelines contribute to Australia’s National Alcohol Strategy 2019–2028, which aims to prevent and minimise alcohol-related harms by improving awareness and understanding of those harms.
Guideline 1: Reducing the risk of alcohol-related harm for adults
To reduce the risk of harm from alcohol-related disease or injury, healthy men and women should drink no more than 10 standard drinks a week and no more than 4 standard drinks on any one day.
The less you drink, the lower your risk of harm from alcohol.
Guideline 2: Children and young people under 18 years of age
To reduce the risk of injury and other harms to health, children and people under 18 years of age should not drink alcohol.
Guideline 3: Women who are pregnant or breastfeeding
- To prevent harm from alcohol to their unborn child, women who are pregnant or planning a pregnancy should not drink alcohol.
- For women who are breastfeeding, not drinking alcohol is safest for their baby.
Click here to read the Australian Guidelines to Reduce Health Risks from Drinking Alcohol.
Serving BEER
Beer, ale and stout dispensed from taps must be sold in approved, batch-tested glassware or batch-tested acrylic containers marked in millilitres (mL), or litres (L). This includes glass and acrylic jugs.
- There are no prescribed sizes for beverage measures for the sale of beer, ale and stout but must be served in a volume measurement in metric units.
- Terms such as ‘seven’, ‘middy’, ‘pot’, ‘10oz’ or ‘schooner’ do not legally specify a particular size.
- Traders should ensure that any advertising using such terms should also include the actual size of the glass (e.g.: ‘middy’–285mL, or ‘schooner’–425mL)
Categories of Wine
Wine (from the Latin vinum) is an alcoholic beverage made from fermented grapes. There are four (4) main categories of wine consumed in Australia.
White Wine: ~8% – 12% alc./vol.
- Common varieties - Chardonnay, Sauvignon Blanc, Semillon, Verdelho, Pinot Gris
Red Wine: ~11% – 14% alc./vol.
- Common varieties - Shiraz, Cabernet Sauvignon, Merlot, Pinot Noir, Rose
Sparkling Wine: ~8% – 12% alc./vol.
- Common varieties - Sparkling Red, Sparkling White, Sparkling Rose, Prosecco, Champagne (which can only be produced in France)
Fortified Wine: ~16% – 22% alc./vol.
Serving SPIRITS
Spirits are a distilled beverage, liquor, hard liquor or hard alcoholic beverage produced by distillation of a mixture produced from alcoholic fermentation.
In Australia the following spirits must be served using an NMI-approved spirit measure:
- Brandy (including Cognac and Armagnac)
- Gin
- Rum
- Vodka
- Whisky (Whiskey)
Approved spirit measures include simple measures commonly referred to as thimble measures, ‘egg cups’ or ‘jiggers’, or more complex dispensers that require verification by servicing licensees such as those marked ‘ETN’ in the picture below.
Spirits (typically about 40% ALC./VOL. A standard serve of spirit is 30ml or 1 nip (~40%)
JiggerSplit 30ml/15ml
OPTIC MEASURE Typically 30ml or 15ml
Electronic Measuring Unit (EMU) Typically 30ml or 15ml
Spirit Measures
Simple spirit measures must be:
- in capacities of 15mL, 30mL or 60 mL
- in the prescribed units of millilitres (mL)
- marked with either batch-testing markings or a verification mark
- made of a rigid or semi-rigid material.
Spirit dispensers must:
- Be of a pattern approved by the NMI under approval categories 4/5/ or 5/6S/ and bear a verification mark applied by a servicing licensee
- Must deliver fixed quantities of 15 mL, 30 mL or 60 mL
USING A JIGGER:
- Always fill jigger over the glass or shaker, spillage ends up in the container not soaking the bar-mat.
- The jigger should be filled until you can see the meniscus (or plimsoll line if present). It is against the law for a customer to be underserved.
Serving COCKTAILS
A cocktail is a mix of different three or more ingredients with at least one of the ingredients being alcoholic.
- Common recipes today often contain 45-60 ml of spirit and/or liqueur with a non-alcoholic mixer such as soft drink, cream, juice.
- It is best practice to create cocktails that are equivalent to no more than two (2) standard drinks.
- Some state/territories have banned cocktails that contain more than 45 ml of liquor after midnight.
- Liquor authorities commonly come across examples of extra-large or extra strong cocktails that are definitely not responsible.
- Commonly measured using a Jigger.
A standard serve of cocktail with 45ml spirit/liqueur (~28%)
Shaker
Blender
A giant Martini that caught the attention of liquor official of Sydney in 2015 and licensee was told to remove it from the menu and prohibit its sale.
Measuring Devices
Approved Measuring Devices
Optic Measure
15ml - 30ml
Standard 30ml & 15ml Jigger
Must fill to Plimsoll line
Electronic Measuring Unit
Can be linked to a computer system and bulk dispensing system for extremely accurate stock control.
Posi Pour devices
- Approved only if used with jigger/measure
- No free pours allowed
- The ball bearing variety no longer approved
Non-Approved Measures
American ‘OZ’ Jiggers
Not approved – cannot use in Australia
1 US fluid ounce = 29.5735ml
Posi-pours (ball bearing type)
Not approved by NMI
Can only be used in conjunction with a ‘jigger’ or ‘nip measure’
International Jiggers or Measures
Not approved This example uses 50ml and 25ml serving sizes purchased from overseas or over the internet may not be valid in Australia as the sizes may differ.
Chrome Bottle Spirit Measure
Not approved by NMI Issues with Hygiene and calibration
Can be manipulated easily to underpour serves.
Serving Devices
Non-Approved Serving Devices
Beverage novelty items
- Banned from service in a licensed venue
- Inappropriate container
Sculling Tubes
- Banned from service in a licensed venue
- Promotes excessive and rapid consumption.
Yard glasses
- Banned from service in a licensed venue
- Promotes excessive and rapid consumption.
- Can hold 2Lt of beer and is designed to be skulled in one go.
Syringe Shots
- Banned from service in a licensed venue
- Promotes excessive and rapid consumption
- Inappropriate container, test tubes and jello cups fall into this category
Undesirable Liquor Products
Many state authorities throughout Australia have banned a number of liquor products and declared them as undesirable due to their packaging or inappropriate context.
Undesirable products may include:
- Alcoholic ice blocks
- Alcohol aerosol products
- Alcoholic milk
- Alcohol vapour
- Alcoholic Jelly cups
- Powdered Alcohol
- Alcohol served in ‘syringe’ containers
Licensees and Staff must also stay up-to-date with the liquor products that are deemed undesirable and ensure that you do not sell or supply these banned items.
In Tasmania, the Minister has the ability to prohibit the sale of undesirable liquor products.
What makes a liquor product undesirable?
Any of the following things may cause a product to be considered undesirable -
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 confectionery; and/or
- has a special appeal to minors
- it is otherwise in the public interest to ban it
Other banned products:
Lesson 7: How do people become Intoxicated?
Typically, it is people who consume alcohol in medium to high doses that become intoxicated.
The most common ways they achieve this is by:
- Pre-loading - consuming quantities of alcohol at home prior to venturing on a night out.
- Binge drinking - generally refers to drinking heavily over a short period with the intention of becoming intoxicated. 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 strengths of all beverages they sell.
- Drinking erratically
- Drinking excessively
- Consuming illicit drugs and medications
Another way that people get intoxicated (involuntarily) and is a controversial issue that needs to be discussed is:
- Drink Spiking
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How to assess intoxication?
- Observe changes in the behaviour of customers
- Observe the emotional and physical state of customers
- Monitor noise level of customers
- Monitor drink purchases of customers
Indicators of erratic drinking patterns
Many drinkers consume alcohol responsibly; however, a substantial proportion of drinkers consume alcohol at a level that is considered to increase their risk of alcohol-related harm and become intoxicated.
- Mixing a wide range of drink types
- Drinking quickly and asking for more immediately
- Ordering more than one drink for own consumption
- Mixing alcohol consumption with consumption of prescription or illicit drugs
- Consistently returning to a tasting site to request more samples
- Ordering multiple samples or large samples
- Drinking ‘rapid intoxication’ beverages
- Ordering ‘triple shots’ or extra-large drinks
- Drinking out of jugs, large containers or ‘Yard Glasses’
- Consuming illicit drugs and medications
Rapid Intoxication Drinks
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)
Signs that indicate a person is affected by illicit drugs
There are many signs, both physical and behavioral, 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
- Sniffly or runny nose
Click here to access 'Drug use information for hospitality and event managers – SA'
Drink Spiking
Spiking occurs when alcohol and/or another drug is administered or attempted to be administered to a person without their knowledge or consent. This is perpetrated by adding alcohol or another drug to someone’s drink or food or injecting it into someone’s body via a needle.
These additives may be colourless, tasteless, and odourless, meaning the victim may not be aware of any difference to their drink. Spiking can happen anywhere, anytime.
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.
Drink spiking is a crime punishable by fines and imprisonment.
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)
- Tranquillizers
- 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 anesthetic effect. In extreme cases, it can lead to a coma or even death.
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It is important to be aware of signs that someone’s drink has been spiked. Spiking affects people differently, although the main indicators can be:
- mental confusion or incoherent
- loss of consciousness
- feeling disorientated
- poor visibility
- feeling dizzy or faint
- feeling ill or sleepy
- feeling drunk even if they’ve only consumed a small amount of alcohol
These signs may be similar to intoxication, so it is important to talk to the affected person to ensure you understand the situation and manage it appropriately.
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 assault.
Drink Spiking Safety tips in Pubs and Clubs
PREVENTION
Staff can improve the personal safety of patrons in pubs and clubs and stop the occurrence of drink spiking by:
- Monitor the environment and report any suspicious behaviour to your manager.
- Be aware of unusual requests, like odd combinations of alcohol or drinks not on the menu.
- Have a policy in place around what to do if there is a suspected/ attempted/ actual spiking.
- Remove unattended glasses from the bar area and surrounds, as well as other areas like bathrooms.
- Respond to requests for assistance from patrons who report feeling unsafe. Take them to a secure part of the premises and let your manager know. Assess the situation and work out the best course of action.
- Trust your instincts – if something feels wrong but you’re unsure how to manage the situation, report it to your manager. Be aware of unusual requests, such as odd combinations of alcohol or drinks not on the menu.
RESPOND
If you are concerned that a customer believes their drink has been spiked –
- Alert the affected person
- Talk to the affected person and stay with them to ensure you understand the situation and manage it appropriately
- If required, ask a colleague or supervisor for help
- Call 000 if the person requires medical attention
- Take the person to a secure part of the premises
REPORT
Make a report in the incident book including any details of people they may have been drinking or socialising with.
It is also important that you contact police on these occasions, especially if a robbery or assault has occurred as a consequence.
Keep a list of local services handy for quick reference in the event of a drink spiking. These can include:
- Triple Zero (000)
- Crime stoppers (1800 333 000)
- Police Assistance Line (131 444)
- Your local Police station’s direct number
- Local taxi services
- Counselling services 1800RESPECT
To comply with the liquor laws, licensees and staff, MUST
- 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
- Understand the impact of alcohol abuse and misuse on the community
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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 authorized officer in the exercise of powers;
- Fail, without reasonable excuse, to comply with a requirement of an authorized officer;
- Fail, without reasonable excuse, to answer, to the best of the person’s knowledge, information and belief, a question put by an authorized officer.
(NOTE: a person may decline to answer a question if the answer would tend to incriminate the person of an offence)
Strategies to prevent Intoxication
Serving a customer continuously to the point of intoxication is a serious breach of liquor legislation and if caught you and your licensee could face fines and stronger disciplinary action by liquor authorities.
Strategies the venue can implement to slow down the intoxication of customers
- Actively promote low and non-alcoholic drinks
- Promote food accompaniments or provide free food snacks
- 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
- Serve water with drinks and ensure water is constantly available for patrons
- 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’s late at night
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More Strategies for Preventing Intoxication
- House policies
- RSA retraining
- Management & Directors to support RSA & staff
- Employing RSA monitor or host
- Conducting Internal self-audits
- Implementing voluntary entry restrictions, such as curfews, particularly on busy nights
- Restricting the number of drinks that can be purchased at one time, particularly in large venues where patrons can be regularly buying drinks for others who may be drunk
- Waiting for patrons to re-order their drinks, rather than topping them up
- Incorporating RSA style messages in-venue advertising and promotions to reinforce to patrons that intoxication and associated behaviour is not tolerated
- Employing RSA marshals (hosts) to monitor patrons and consumption levels
- Conducting high visibility security patrols to deter intoxicated people from entering or loitering
- Ensuring any liquor promotions comply with the liquor laws
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Lesson 10: Refusing Service
It is highly likely at some point during your career in the hospitality industry that you will encounter a minor, an intoxicated or a disorderly patron and would have to either refuse service or entry.
Refusing service helps improve the safety of the licensed premises, especially where any further consumption of alcohol may place other patrons and staff at risk. It also reduces the potential risk of litigation for the licensee.
As per the legislation in each state, the following patrons may not be sold or supplied alcohol:
- Minors
- Intoxicated (Drunk) persons
- Disorderly patrons
- Criminally declared bikie gang members
Deciding to Refuse Service
Refusing service should not be taken lightly. Typically, your customers don’t want to be refused, they are at your venue for a purpose, they are hopefully enjoying themselves, the entertainment, the company, the social setting. They see drinking alcohol as the fuel for their enjoyment and for you to suddenly announce that they can’t enjoy themselves anymore is going to upset them.
If you serve, sell or supply alcohol in a licensed venue, you are the one responsible for making the decision to refuse service.
The decision you make will have consequences and you will need to deal with any conflict or issues that arise.
If you fail to refuse service to customers who are intoxicated, disorderly or minors you may be prosecuted under the state/territory laws.
Disorderly person
Anyone causing a disturbance or behaves in a manner that discomforts another person by being abusive, offensive, aggressive or by demonstrating inappropriate behaviour.
What are the main reasons for refusal?
The law requires it!You are required by law to refuse service in the case of minors, unduly intoxicated or disorderly patrons.
The safety of the patron!
The consumption of liquor is placing their safety in jeopardy.
The safety of others!
The consumption of liquor by a particular patron is placing the safety of other patrons in jeopardy.
Civil litigation!
The licensee and staff can be held responsible for not adhering to the law, should an intoxicated patron endanger their life or the lives of others.
Fortunately, most customers know the law regarding refusing service and the majority of people will take your refusal of service with good grace. But there is always going to be some that will argue.
Remember to look for more than one sign of intoxication and stop a problem before it gets out of control.
Australian outlaw motorcycle clubs
Outlaw Motor Cycle Gangs (OMCGs) are one of the most high-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 motorcycle riding clubs, which are made up of people who get together solely to ride their motorcycles and socialise.
The most recent assessment of OMCGs identified that there are 38 ‘one per cent’ OMCGs operating in Australia, with about 4,500 patched members, 900 prospects and over 2500 associates. The following motorcycle clubs are considered outlaw clubs across Australia -
Lesson 11: Minors
In Australia, a minor is a person who is under the age of 18. If in doubt — check it out!! Always ask for proof of age. As a general rule, if a person looks under 25 years of age, they should be asked to show proof of age. Even alcohol in desserts must be considered. You could reduce your liability by being alert and consistent.
In general, the younger and smaller a person is, the less tolerant they are to alcohol. This means that minors are at a greater risk from the effects of alcohol. Additionally, puberty is often accompanied with risk-taking behaviours like binge drinking, dangerous physical activities, and risky sexual behaviour such as having unprotected sex.
This is why it’s critical to be rigorous and proactive in your approach to preventing underage drinking.
It is an offence to serve or supply alcohol to minors (exemptions apply in some states) and if done so, the licensee, the responsible person and the person who sold or supplied the alcohol are each guilty of an offence. The minor is also guilty of an offence and may face several fines.
The main offences are:
- Selling or supplying alcohol to a minor
- Allowing a minor in an unauthorised area on licensed premises
If a person is not able to present a suitable ID, he or she must be refused service and made to leave the premises immediately. As per the law, any person with a fraudulent ID will be prosecuted and the ID must be seized.
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Who is a responsible adult for a minor?
Each of the following persons can be called a responsible adult for a minor –
- A parent, step-parent or guardian of the minor
- An adult who has parental rights and responsibilities for the minor
Terminology that is commonly used to define a person who is under the age of 18 -
Juvenile (WA)
Child (NT, ACT)
Minor (NSW, VIC, SA, QLD, TAS)
What should staff look for when checking ID?
Follow below rules to reduce the risk:
- Always check ID in well-lit areas where alterations will be more obvious (have an initial checkpoint at the front door).
- Hold the ID and take your time examining it - be sure.
- Feel around the edges of the photo, birth date and the edges of the card. Look for bubbles, wrinkles, and bumps - these may show the card has been tampered with.
- Young people are altering the dates of birth by either scratching and/or using nail polish remover to change the dates both front and back of a licence.
- Check the photo matches the person (do distinguish facial features match? This can be difficult at times if in doubt ask for supporting ID).
- Check the birth date on the ID confirms the patron is over 18 years (as driver licences and other forms of ID can be issued to young people).
- Ensure the ID includes a hologram or other security feature. Be aware security features are constantly improving and as a result, not all licences will look the same.
- Ask the customer to sign a piece of paper to verify signatures.
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TIPS:
- Tape the ‘critical date’ (the date on which a person must have been born to be at least 18 years of age today) to the cash register (or somewhere visible to staff but not to customers) each day. Crowd controllers can write it on their hand at the start of the shift.
- Look for suspicious behaviour like groups just hanging around or one person buying multiple drinks in a group.
Examples of False ID
Australia does not have a National Identity Card
An example of a Victorian fake ID from fakies.com.au.Student ID card is not an acceptable form of evidence for proof of age.
Another example of a fake ID from fakies.com.au, same person’s picture different state.
Student ID card is not an acceptable form of evidence for proof of age.
Daenerys Targaryen would more likely be seen on ‘Game of Thrones’
Consider the following when asking for identification
- Those who appear underage and who have no ID are generally underage.
- Expired licences are not acceptable forms of identification (over 50% of licences seized as false ID are expired at the time of seizure).
- Ask the customer to take their ID out of any protective casing for you to inspect.
- Consider body language. Those who look under 18 expect to be asked, those under 18 years of age fear being asked.
- When you make a decision stick to it.
- Support staff when they make a decision not to serve unless proof of age can be produced.
- Make sure all staff are consistent in their judgements.
Lesson 12: Signages
Most liquor venues have to meet requirements to use statutory signage on the licensed premises for a range of circumstances. Signs are useful for notifying both staff and patrons of their legal requirements and the fines for breaking liquor laws.
NOTE: Click on signage to open in fullscreen mode
Queensland
U18 Restricted
U18 Fake ID
Staff to ask for ID
Staff can be fined
Lockout laws
No take away alcohol
SNP Member
Refuse to leave? Fines apply
Don’t drink and drive
Neighbourhood noise
Identified Organisations
ID Scanner
U18 Fines
Not within limits? Fines apply
Mate using your ID
Western Australia
Sell or supply liquor to a person who is drunk
False or misleading ID
Against the law to supply alcohol to under 18
Sell or supply liquor to a drunk person
Failure to vacate? Fines apply
Under 25? ID needed
South Australia
Area out of bounds to persons under 18
Condition for people under 18 to be with a responsible adult after midnight
Under 18 must be with a responsible adult for packaged liquor sales
Against the law to sell or supply alcohol to under 18
Declared Criminal Organisations in South Australia
Northern Territory
Penalty – Fake ID
Ask the patron to leave
Patron refuses to leave
Outlaw Motorcycle Club
Penalty – U18 Consuming alcohol
Penalty – U18 Collecting liquor
Penalty – U18 in the restricted area
Penalty – U18 enter/remain in the restricted area
Penalty – supplying alcohol to U18
Tasmania
The Liquor Act (section 60) states that licensed areas must have the right signage, stating whether an area is restricted or prohibited, placed in a conspicuous position. Licensees that breach this obligation can be fined up to 20 penalty units. The signs assist the staff of licensed premises and their patrons to comply with relevant legislation and Responsible Service of Alcohol and Responsible Conduct of Gaming principles. Not all signs are mandatory, but all are intended to help make sure that patrons stay safe and enjoy themselves in licensed premises.
Section 61
Licensee to prohibit or restrict the entry of young people to certain parts of licensed premises. Licensees that breach this obligation can be fined up to 20 penalty units.
Section 84
- Areas of licensed premises may be designated to prohibit or restrict the entry of young people
- Section 84 provides for the Commissioner for Licensing to prohibit or restrict the entry of underage persons to areas of licensed premises.
Section 72 of the Liquor Act allows people under the age of 18 to be permitted to remain on licensed premises to have a meal or when in the company of a responsible adult.
Here is the guide that can be used to define underage access –
Hotels
Underage access
Not Designated
Permitted at all times
Restricted
Under certain conditions
(e.g. lounge bar and dining areas to have a meal or otherwise only with a responsible adult)
Prohibited
Not permitted at any time
(e.g. public bar and gaming lounge)
Clubs
Underage signed in by a member or can be a member in their own right. No access to gaming areas
All signs are free can be printed from –
https://www.treasury.tas.gov.au/liquor-and-gaming/liquor/resources-for-licence-holders/liquor-signs or sent to you by either contacting or attending the offices of the Liquor and Gaming Branch located at Hobart and Launceston.
Prohibited Area
A prohibited area is an area where young persons under the age of 18 are not to enter under any circumstances or at any time. This notice must be displayed if the Commissioner for Licensing has designated any part of licensed premises as a prohibited area. Display this sign in a conspicuous position at each entrance to any part of the designated area.
Restricted Area
A restricted area is one where young people are allowed to enter, and remain in, as long as they are in the company of a parent or legal guardian, or are there to have a meal. This notice must be displayed if the Commissioner for Licensing has designated any part of licensed premises as a restricted area. Display this sign in a conspicuous position at each entrance to any part of the designated area.
Prove It! No ID – No Entry
This notice is important for staff and patrons as it sets out the acceptable forms of ID, so that staff can ensure that young people do not gain entry to prohibited areas. Display this notice at the entrance to prohibited areas of licensed premises, particularly night clubs and late-night venues, where young persons are not allowed to enter at any time.
Prove It! No Proof – No Purchase
This notice is important for patrons and staff as it sets out the acceptable forms of ID so that staff can ensure that young people do not access alcohol. Display this notice in restricted areas where young persons are allowed entry but are not allowed to purchase or consume alcohol.
Fine Time
This notice reminds staff and patrons that it is an offence to sell or supply liquor to a person intoxicated and that the supply and sale of liquor to, or purchase/consumption of liquor by, young people is illegal.
Display this notice in a prominent position in all bar areas.
Australian Capital Territory
U18 Restricted
Take-aways Only
U18 Restricted After Midnight
Offence to abuse
Offence to Serve U18
Breath Analysis Machines
U18 Offence to Obtain Alcohol
Victoria
Sell or supply liquor to a person who is drunk
Ask for ID
It is an offence to supply liquor to intoxicated person
Do not supply liquor to under 18s
Don’t abuse staff
Delivering liquor to over 18s only
Arrange a taxi
Make drinking water available for free
General rule when checking ID
Buying for or supplying liquor to under 18s
Barring powers
RSA principles
For detailed information on signages, please use the following file –
Lesson 13: Offences
Offences
Each state/territory has a range of offences that relate to the sale or service of alcohol and the non-compliance with the law and industry codes. The organization, licensee and individual staff members and patrons can all be held liable.
QLD, SA, NT, TAS, ACT (Intoxicated person can remain on licensed premises provided patron is closely monitored and/or it is not safe for the person to evict in that condition)
NSW, VIC, WA (Offence to allow the intoxicated patron to remain on licensed premises)
Amenity
The amenity in this situation is the quality of pleasantness or agreeability of an area.
The licensee must ensure that the liquor licence and the business activities that take place on the premises must not detract from, or be detrimental to, the amenity of the area in which the premises are situated.
Maintaining the amenity of the area
- Ensure you follow the approved hours of operation of the premises
- Do not exceed the maximum number of patrons permitted on the premises
- Maintain security arrangements
- Observe all entry and exit locations and maintain behaviour and noise levels of customers leaving the premises at all times
- Maintain behaviour and control noise in outdoor area management to minimise amenity impacts on nearby properties
- Manage patrons who are smoking
- Remove general waste during approved hours, do not empty glass bins late at night (store in appropriate area for removal next day)
- Manage and control entertainment provided by live bands, DJ’s and maintain noise levels or limits
- Maintain lighting within the premises and security lighting outside the premises
- Patrol car parks and external areas late at night to ensure the safety of patrons
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For further details on this topic, please use the following document –
Lesson 15: Harm Minimisation Strategies
RSA Management Principles
Licensees can use a variety of harm minimisation strategies within their venues to ensure that safe and responsible service of alcohol is provided.
The most common are:
- House Policies
- Codes of Practice
- Risk Assessed Management Plans (Responsible Management Plans) – known as RAMP’s
- Security/Crowd Controller requirements
A RAMP or House Policy details a licensee's management practices and procedures at the premises, such 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-site
Security/Crowd Controllers
A crowd controller keeps order at a public place. They can:
- screen the entry of people into a place
- monitor or control their behaviour while inside
- remove people for bad behaviour.
The safety and security of people on and in the vicinity of licensed premises is a significant public interest issue and one which licensees must give appropriate consideration to, having regard to the nature of their licensed premises or event.
The principle of implementing crowd control strategies, particularly at licensed premises or events of high risk, is to deter, detect, delay and respond to anti-social behaviour and crime that puts the safety, health or welfare of people resorting to the licensed premises or the vicinity of the licensed premises at risk. High risk licensed premises or events include those that attract large numbers of people or trade late at night and into the early hours of the following morning.
Role of the security staff in RSA
- Check ID and ensure minor do not enter the premises
- Assist in handling difficult customers or situations
- Follow venue policies and procedures to refuse entry or to remove customers with unacceptable behaviour
- Controls crowd outside the venue
- Monitor security cameras
- Records detail of the incident
Incident Registers
An incident register allows licensed premises to record incidents involving violence and anti-social behaviour, as well as people being turned out of the premises under the liquor laws.
All licensees of licensed or permitted premises are encouraged to maintain an incident register at all times. They are a useful compliance tool and can form part of a licensed premises responsible management and/or liquor accord practices.
A licensee who maintains an incident register at all times will gain a better and more detailed understanding of events that may impact adversely on the safety of their licensed premises and patrons. It will also help them to develop appropriate strategies to reduce the risk of alcohol-related violence and anti-social behaviour at the premises, as well as improving the responsible service of alcohol practices.
Write down all incidents and occurrences in the Incident Register. Ensure you write down the details of the incident. Names, times, dates, detailed description of the incident.
Lesson 16: 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 at all times
Strategies promoting safe consumption of alcohol
- Ensure free access to water for all patrons
- Make food available
- Avoid drinking games & limit offering complimentary liquor or samples
- Provide breath analysis equipment for the use of customers
- Display information about taxi and public transport services
- Place the telephone in a convenient location for the patrons
- Display information about the harmful effect of over consumption of liquor
- Make low or non-alcohol drinks available at reasonable prices
- Provide only standard drinks so that customer can assess their consumption correctly
- Serving patrons half measures of spirits on request
Lesson 17: Smoking Laws
Across all States, smoking is prohibited in enclosed dining areas, enclosed public places and almost all enclosed workplaces.
Federal laws also ban smoking in:
- all commonwealth departments
- all domestic flights and international flights out of Australia, and
- in airport buildings operated by the Federal Airports Corporation.
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.
Examples of No Smoking Signage
For more details on DOSA’s, please use the following document –
Lesson 1: ABOUT THE UNIT – SITHFAB021 Provide Responsible Service of Alcohol
Introduction
Welcome to your Responsible Service of Alcohol course commonly known as the ‘RSA’.
It is mandatory for certain staff involved in the Australian liquor and gaming industries to have obtained the appropriate certification in the Responsible Service of Alcohol (RSA) within a limited time after first starting work.
- In QLD, RSA training must be completed within 30 days of starting work.
- In WA, club staff engaged in the sale, supply or service of liquor have 28 days from the date they commence employment/volunteer in that capacity to complete the course.
- In SA and TAS, an RSA must be obtained within 3 months of starting employment. In SA, security personnel must have an RSA before starting work. In Tasmania, you must be 16 years or older to do an RSA course.
- In the ACT, a Staff Responsible Service of Alcohol (RSA) must be obtained before starting work.
- In NT, employees need to have an RSA certificate within seven days of starting work at licensed premises.
- In VIC, licence and staff have one (1) month from the date they first sell, offer for sale or serve liquor on a licensed premise to complete an approved RSA training course.
The focus of this course is ensuring that staff who are providing, selling or serving alcohol are aware of the performance outcomes, skills and knowledge required to responsibly sell or serve alcohol on a licensed premise.
Additional Training Requirements
It is mandatory for certain staff involved in the Australian liquor and gaming industries to have obtained the appropriate certification in the Responsible Service of Alcohol (RSA) within a limited time after first starting work.
The focus of this course is ensuring that staff who are providing, selling or serving alcohol are aware of the performance outcomes, skills and knowledge required to responsibly sell or serve alcohol on a licensed premise.
Queensland
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.
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 |
Fine |
|
Licensee/permittee fails to keep/produce copies of the approved manager's/licensee's current training and course certificates |
$1,613 |
Western Australia
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 Managers:
- Restricted – Applicable only on Club, Club Restricted and Occasional licensed premises. They need to complete SITHFAB021 Provide responsible service of alcohol
- Unrestricted – Applicable to all types of licensed premises. They need to complete SITHFAB021 Provide responsible service of alcohol plus a course in Management of Licensed Premises 52735WA (MLPLCA401A, MLPLCA402A and MLPLCA403A)
An Approved Manager ID Card must be kept on your person at all times 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.
South Australia
A Responsible Person (RP)
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 an 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 are 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 7 days of being requested to do so by an authorised officer.
If you don't have a responsible person on duty, you can be issued an on-the-spot fine of $1,200 and a maximum penalty of $20,000.
Northern Territory
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 seven days of starting work at licensed premises.
- Employees need to renew their RSA certificate every three years .
- RSA certificate for SITHFAB021 Provide responsible service of alcohol issued by any of the accredited Australian training providers is acceptable in the Northern Territory.
Record-Keeping Requirements
Licensees must keep an RSA register on the premises, with a copy of each staff member's RSA certificate included.
Tasmania
A licensee must not allow a person to serve liquor on licensed premises unless the person:
- has successfully completed an RSA course ; or
- is enrolled to undertake a course within 3 months of commencing work.
Record-Keeping Requirements
From 1 October 2018, the requirement for a licensee to maintain a Responsible Service of Alcohol (RSA) register is no longer mandatory.
Licensees need to retain a copy of the RSA certificate issued to any staff member involved in the sale and service of liquor, or evidence of a staff member’s enrolment in an approved course.
Licensees must be able to produce the certificates or evidence of enrolment when required.
Licensees can also keep the records electronically.
Australian Capital Territory
In the ACT, a Staff Responsible Service of Alcohol (RSA) must be obtained before starting work.
Record-Keeping Requirements
It is a requirement of the Act that licensees keep copies of RSA certificates for the following people:
- The licensee
- Each employee who serves liquor at the licensed premises
- Each crowd controller working at the licensed premises.
All copies of RSA certificates should be kept on the premises and be made available for inspection by an appropriate person on request.
|
Offences for Supplying liquor without RSA certificate: |
Fine |
|
Licensee or permit-holder without RSA |
Up to $8,000 |
|
Employee without RSA |
Up to $1,600 |
|
Licensee or permit-holder allows the employee to serve |
Up to $8,000 |
|
Crowd controller without RSA |
Up to $1,600 |
|
Licensee or permit-holder allows crowd controller to work |
Up to $8,000 |
|
Fail to keep RSA certificates of each staff member |
Up to $3,200 |
Victoria
Record-Keeping Requirements
It is a requirement of the Act that licensees keep copies of RSA certificates for the following people:
- The licensee
- Each employee who sells, offers for sale or serves liquor on the licensed premises
- Person responsible for the management or control of the licensed premises
Only RSA certificates issued within three years are valid. All copies of RSA certificates (photocopies or electronic copies are acceptable) should be kept on the premises and be made available for inspection by an appropriate person on request.
|
Offences related to RSA training: |
Fine |
|
Failure by licensee (natural person) to complete an approved RSA program (either refresher or initial training) within 3 years of last completing an approved RSA program |
Up to 11,855 |
|
Failure by licensee (body corporate) to ensure that the person responsible for the management or control of the licensed premises has completed an approved RSA program (either refresher or initial training) within 3 years of last completing an approved RSA program |
Up to 11,855 |
|
Failure by the licensee to ensure that any person who sells, offers for sale or serves liquor on the licensed premises has completed an approved RSA program within the 3 years prior to beginning to sell, offer for sale or serve liquor on the licensed premises |
Up to 11,855 |
|
Failure by licensee to ensure that any person who sells, offers for sale or serves liquor on the licensed premises has completed an approved RSA program (either refresher or initial training) within 3 years of last completing an approved RSA program |
Up to 11,855 |
|
Failure by the licensee to establish and maintain an approved RSA program register |
Up to $988 |
|
Failure by the licensee to produce an approved RSA program register |
Up to $988 |
Advanced RSA training
Anyone applying for a new late-night (general) licence or late-night (on-premises) licence that authorises the supply of liquor after 1 am for on-premises consumption must complete the Advanced RSA training course. This requirement does not apply in relation to late-night (on-premises) licences with restaurant and cafe conditions.
Interstate Recognition
Anyone with a nationally accredited RSA qualification obtained through face-to-face or online training from an RTO recognised in another state or territory will be able to complete the VGCCC’s free online RSA bridging course to have their qualification recognised in Victoria. Once you have completed the course, you will receive a Victorian RSA certificate that allows you to work in a Victorian licensed venue.
Your Role as an RSA Staff Member
Bar, liquor store and gaming area staff who sell, serve or provide alcohol to customers, must know how to follow responsible service of alcohol laws and responsible hospitality practices.
The following six learning areas cover the typical skills and knowledge of staff under RSA. These practices will be assessed using scenarios, online simulated events and verbal assessment.
- Sell or serve alcohol responsibly
- Identify issues related to the sale or service of alcohol to different types of customers, especially those at risk.
- Assess alcohol-affected customers and identify those to whom sale or service must be refused
- Refusing to provide alcohol
- Workplace skills
- Workplace knowledge
Visit https://training.gov.au/Training/Details/SITHFAB021 to get details on the unit - SITHFAB021 Provide responsible service of alcohol
The Path of Alcohol in the body
- 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
- 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.
The average person’s liver will take about an hour to process 10 grams of alcohol, which is the amount of alcohol in a standard drink.
There are many stories and ‘old wives’ tales’ about how to sober up after being intoxicated. Some of the most common are taking a cold shower, vomiting and drinking coffee.
The only way that alcohol can get out of the system is through the liver and no matter how much coffee, dancing or exercise a person does, the rate at which this happens is pretty much fixed.
How alcohol affects us
Not all people are affected by alcohol in the same way and different amounts of alcohol can have different effects.
Several factors influence the rate at which a person becomes intoxicated:
- amount of alcohol consumed
- the general state of health
- gender
- body weight
- medications
- food intake
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.
There are a number of other health issues from the use of alcohol. These range from an increase in the risk of cancer, stroke, liver damage and heart damage among others. See below for examples of short and long-term issues related to alcohol misuse.
| Short term issues | Long term damage |
|---|---|
| Headache, nausea, memory loss, vomiting, diarrhoea, absenteeism from work, loss of concentration, unsafe sex, loss of control of motor functions, personality changes. | Heart disease, high blood pressure, stomach ulcers, liver disease, weight problems, brain damage, memory loss, dependence, anxiety, financial problems, cancer, pregnancy complications, learning difficulty, fits, nerve damage, muscle damage. |
Definition of Intoxication
The consumption of alcohol, illicit drugs or medicines can cause intoxication. Dealing with intoxication at a conceptual and practical level is a priority for both legislators and police.
While serving and supplying an intoxicated and/or drunk person is an offence in every state and territory, each jurisdiction defines these terms in different ways and applies different obligations in relation to the offence of intoxication.
The offence may apply to anyone:- A licensee
- A staff member
- A club director
- A volunteer (who has liquor service responsibilities)
- A patron
What is Intoxication?
The most common definitions of intoxication used in the state/territory laws:
‘Intoxicated’ is “a state of being in which a person’s mental and physical faculties are impaired because of consumption of alcohol (or other drugs) so as to diminish the person’s ability to think and act in a way in which an ordinary prudent person in full possession of his or her faculties, and using reasonable care, would act under like circumstances”.
It is the responsibility of licensees and staff to monitor a patron’s behaviour, level of intoxication and to prevent the service of alcohol to an intoxicated person. Intoxicated patron must be refused service of further alcohol and either leave the premises or in some circumstances, offered non-alcoholic beverages such as soft drinks, tea or coffee.
Drunk (WA)
Intoxicated (NSW, VIC, SA, ACT, TAS, NT)
Unduly Intoxicated (QLD)
Australian labelling laws
Under the Food Standards Code (FSANZ sections 1.2 & 2.7) an alcoholic beverage containing more than 1.15% alcohol by volume must include a statement of the alcohol content. This statement must indicate the volume of alcohol in the alcoholic beverage as a proportion of the alcoholic beverage.
The label on a package of an alcoholic beverage must include a statement of the number of standard drinks in the package. Lesson 3: Benefits & Adverse Effects of Alcohol
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 and for many Australians “having a drink” is synonymous with relaxation, socialising, and good times. Many historical and social factors contribute to the way in which alcohol is used today.
The liquor industry offers a variety of benefits to its customers and employees. Here are just a few:
- A Social Atmosphere: Bars and restaurants that serve alcohol provide a space for friends and family to come together, relax, and enjoy each other's company.
- Good Food and Drink: Whether you're looking for a craft cocktail or a cold beer, the liquor industry has something for everyone. And with food options ranging from pub fare to fine dining, there's always something tasty to pair with your drink of choice.
- Entertainment: Many bars and restaurants offer live music, comedy shows, trivia nights, and other forms of entertainment that make for a memorable night out.
- Jobs: The liquor industry provides employment opportunities for bartenders, servers, kitchen staff, live performers & tradespeople.
People use alcohol for a variety of reasons:
- It's a cultural thing
- As a social activity with friends
- It can be liberating and empowering to some people
- It can be a form of currency. People repay a favour with a slab of beer for example
- It tastes good
- It makes people feel good
- May have beneficial health properties
- It’s a social leveller - having a drink is common to all classes
They may also drink for:
- Relaxation
- Religious observance
- Peer influence
- Enjoyment
- Mood alteration
- Enhanced creativity
- Intoxication
- Addiction
- Boredom
- Habit
- Overcome inhibitions
- Escape or forget problems
- To ‘drown their sorrows’
Benefits of Alcohol 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 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 The contribution of alcohol to the Australian economy is substantial with annual sales of alcohol products contributing in excess of $15 billion, providing government revenue from indirect taxes on alcohol beverages is estimated to be in excess of $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.
Adverse effects of excessive alcohol consumption
Patrons who have consumed excessive amounts of alcohol and are intoxicated may display aggressive behaviour towards the staff and other customers at an alcohol-serving venue.
Patrons who have consumed excessive amounts of alcohol may be destructive towards venues that refuse to serve them any more alcoholic drinks.
Staff members of establishments are obligated to take care of intoxicated patrons.
Not only it harms the reputation of the liquor industry and the hospitality venues, but also affects the reputation of the venue as an employer amongst job seekers.
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 in a workplace
Adverse effects of alcohol
Drinking is a major factor in much of the injury resulting from road crashes and other accidents, and in social problems such as violence, family breakdown, night-time assaults, child abuse and neglect.
Alcohol-related harm is not restricted to the individual drinkers but has devastating consequences for families, bystanders and the broader community.
Alcohol-related issues have been rated as the 3rd greatest problem faced by 15-24-year olds.
What are the chances of being harmed?
The Hidden Harm
Funded by FARE and undertaken by the Centre for Alcohol Policy Research (CAPR), The hidden harm: Alcohol’s devastating 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.
It paints a concerning picture of the prevalence of alcohol-related family and domestic violence in Australia, shedding new light on a hidden dimension of alcohol harms that occur largely behind closed doors.
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.
- 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).
For details, visit: http://fare.org.au/the-hidden-harm-alcohols-impact-on-children-and-families/
Lesson 4: BAC - Blood Alcohol Concentration
What is BAC?
Your BAC begins to rise the instant you start drinking and usually takes an hour after you finish your last drink to reach its highest level.
After a heavy drinking session, it could take up to 18 hours for alcohol to leave your system. Your liver only processes equivalent to 1 standard drink per hour.
ONE standard drink per hour will raise the BAC* by around 0.0155g. Effect of Alcohol by BAC Level
| Relative Stages | Indication | BAC Level | Effects |
|---|---|---|---|
| Feeling of wellbeing | Up to 0.05 | Talkative, relaxed, confident, happy, cheerful | |
| Getting risky |
|
0.05 to 0.08 | Impaired judgment, lack of attention, reduced inhibitions |
| For the purpose of RSA, patrons below this line could be considered as ‘intoxicated’ | |||
| Dangerous |
|
0.08 to 0.15 | Speech slurred, visual impairment, nausea and vomiting, slowed reflexes, balance affected. |
| Stupor |
|
0.15 to 0.40 | Laboured breathing, loss of bladder control, sleepy, passing out, unable to walk unaided. |
| Death |
|
Over 0.40 | Coma, shock, death |
Drinking and Driving
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.
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 a safe system of work is 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.
Obligations required by law
The goal of the harm minimisation initiatives is to improve individual and community safety and reduce human, health, economic and social costs associated with the misuse of alcohol.
Licensees and staff of licensed premises have a range of obligations to their patrons under the relevant state/territory liquor legislation:
Queensland
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.
Western Australia
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.
South Australia
It is an offence under the Liquor Licensing Act 1997 to sell or supply liquor to a person who, you believe, is intoxicated.
An offence may be committed by the licensee, responsible person and the person by whom the liquor is sold or supplied.
https://www.cbs.sa.gov.au/documents/intoxication-guidelines-in-plain-english0e8c.pdf
Liquor Licensing Act 1997, states that 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.
- Ensure the safety or welfare of children attending kindergarten, primary school or secondary school in the vicinity of the licensed premises
- Ensure the amenity of the locality of the licensed premises would not be adversely affected
Northern Territory
Licensees have very heavy and strict obligations under the Liquor Act 2019 and their liquor licenses in respect to the sale and supply of alcohol (see Part 4 of Liquor Act 2019).
The most significant obligation states:
“A licensee or an employee of a licensee must not sell or otherwise supply liquor to a person who is drunk.”
Other General Obligations- A licensee or employee of a licensee must not sell adulterated liquor.
- A person must not enter, or remain on, premises that are licensed for the consumption of liquor on the premises unless they are open for the sale of liquor in accordance with the conditions of the licence.
- A licensee or an employee of a licensee must not permit indecent, violent, quarrelsome or riotous conduct to occur on or at the licensee's licensed premises.
- A child must not enter or remain on licensed premises or any part of licensed premises that is a prohibited area
- A person must not sell or otherwise supply liquor to a child on licensed premises; or permit someone else to sell or otherwise supply liquor to a child on licensed premises; or engages in conduct that results in a child being sold or otherwise supplied with liquor, or consuming liquor, on licensed premises.
- Licensee must not contravene licence conditions
- A person must not sell any liquor unless the sale is authorised by a licence.
- A licensee must not employ a child to sell or otherwise supply liquor on licensed premises unless permitted by the Director-General to sell or otherwise supply liquor on licensed premises as an employee of the licensee; or someone undergoing employment training.
- A child must not purchase or collect liquor.
Banned Drinker Order (BDO)
If you have a BDO, it means you are not allowed to purchase, possess or consume alcohol for the period of your order. This includes buying takeaway alcohol. You will also be on the Banned Drinker Register (BDR).
You can receive a BDO by:
- alcohol-related interactions with police
- the BDR registrar following a referral by an authorised person
- choice - through a self-referral to the BDR.
You can also be placed on the BDR through an alcohol restriction attached to a court or parole order.
Tasmania
The Liquor Licensing Act 1990 regulates the sale, supply, promotion and consumption of liquor in Tasmania.
- The object of this Act is to regulate the sale, supply, promotion and consumption of liquor, so as to –
- minimise harm arising from the misuse of liquor by –
- ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and
- restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and
- encouraging a culture of responsible consumption of liquor; and
- facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.
- minimise harm arising from the misuse of liquor by –
- It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the object set out in subsection (1).
The Act prohibits:
- the sale of liquor except as authorised by a licence, permit or general liquor exemption and prescribes certain qualifications and best interests of the community considerations before an authority to sell liquor may be granted;
- the sale of liquor to young people and to intoxicated people; and
- granting a licence in connection with the activities of a supermarket.
Australian Capital Territory
Licensees have an obligation under the Liquor Act 2010 to:
- minimise the harm associated with the consumption of liquor;
- facilitate the responsible development of the liquor and hospitality industries in a way that takes into account community safety; and
- encourage and support liquor consumers to take responsibility for their consumption and their behaviour if it is affected by the consumption of liquor.
Victoria
Victoria boasts a vibrant hospitality and tourism industry with a culture of appreciating fine food and entertainment. The sale and enjoyment of alcohol is part of this.
Holding a liquor licence is a privilege, not a right, and selling alcohol comes with very real and serious obligations. As the holder of an on-premises licence you are allowed to supply alcohol to people within your licensed area. Other general licence obligations include:
- The venue must not cause problems with the amenity of the surrounding area.
- A copy of the current licence must be displayed in an obvious place where anybody can read the conditions.
- Licensees and staff involved in the supply of alcohol need to complete an RSA training course approved by the VGCCC.
- Free drinking water must be available to patrons on licensed premises where alcohol is consumed on-site.
- Alcohol must not be supplied to a person who is intoxicated.
- Drunken or disorderly person must not be allowed to be on your premises.
- People under 18 years must not be allowed to drink alcohol on your licensed premises under any circumstances.
National Campaigns
Alcohol Truth
Booze-Free Sport
Women Want to Know
National Drug Strategy
The National Drug Strategy, is a cooperative venture between Australian, state and territory governments and the non-government sector, is a national framework for building safe, healthy and resilient Australian communities through preventing and minimising alcohol, tobacco and other drug-related health, social, cultural and economic harms among individuals, families and communities.
The National Drug Strategy 2017-2026 identifies three different types of priority areas of focus for consideration in implementation: actions, populations and substances. These priorities reflect current available evidence of harms, as well as the views presented through the consultation processes undertaken to support the development of the Strategy.
Pervasiveness of alcohol
The majority of Australians aged 14 years or over have tried alcohol, and many continue to drink throughout the lifespan:
- around 90 percent have tried alcohol in their lifetime; and
- over 80 percent have consumed an alcoholic drink in the past 12 months
Current use and trends
Location and amount of alcohol consumption - It’s 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 (2016) found that:
- About 8 in 10 Australians aged 14 or older reported they had consumed alcohol in the past year and 6.5% drank on a daily basis.
- About 1 in 4 (24%) people aged 14 or older reported they had been a victim of an alcohol-related incident in 2016.
- About 1 in 6 (17.4%) people aged 14 or older had put themselves or others at risk of harm while under the influence of alcohol in the last 12 months.
- About half of the recent drinkers took action to reduce their alcohol intake and the main reason for doing this was due to concern for their health.
Australian Guidelines to Reduce Health Risks from Drinking Alcohol
These guidelines are developed by National Health and Medical Research Council (NHMRC) to provide the Australian population with clear and evidence-based advice about alcohol, to help people make informed choices about their drinking. The guidelines are also intended to form the evidence base for future policymaking and educational materials.
These guidelines contribute to Australia’s National Alcohol Strategy 2019–2028, which aims to prevent and minimise alcohol-related harms by improving awareness and understanding of those harms.
Guideline 1: Reducing the risk of alcohol-related harm for adults
To reduce the risk of harm from alcohol-related disease or injury, healthy men and women should drink no more than 10 standard drinks a week and no more than 4 standard drinks on any one day.
The less you drink, the lower your risk of harm from alcohol.
Guideline 2: Children and young people under 18 years of age
To reduce the risk of injury and other harms to health, children and people under 18 years of age should not drink alcohol.
Guideline 3: Women who are pregnant or breastfeeding
- To prevent harm from alcohol to their unborn child, women who are pregnant or planning a pregnancy should not drink alcohol.
- For women who are breastfeeding, not drinking alcohol is safest for their baby.
Click here to read the Australian Guidelines to Reduce Health Risks from Drinking Alcohol.
Serving BEER
Beer, ale and stout dispensed from taps must be sold in approved, batch-tested glassware or batch-tested acrylic containers marked in millilitres (mL), or litres (L). This includes glass and acrylic jugs.
- There are no prescribed sizes for beverage measures for the sale of beer, ale and stout but must be served in a volume measurement in metric units.
- Terms such as ‘seven’, ‘middy’, ‘pot’, ‘10oz’ or ‘schooner’ do not legally specify a particular size.
- Traders should ensure that any advertising using such terms should also include the actual size of the glass (e.g.: ‘middy’–285mL, or ‘schooner’–425mL)
Categories of Wine
Wine (from the Latin vinum) is an alcoholic beverage made from fermented grapes. There are four (4) main categories of wine consumed in Australia.
White Wine: ~8% – 12% alc./vol.
- Common varieties - Chardonnay, Sauvignon Blanc, Semillon, Verdelho, Pinot Gris
Red Wine: ~11% – 14% alc./vol.
- Common varieties - Shiraz, Cabernet Sauvignon, Merlot, Pinot Noir, Rose
Sparkling Wine: ~8% – 12% alc./vol.
- Common varieties - Sparkling Red, Sparkling White, Sparkling Rose, Prosecco, Champagne (which can only be produced in France)
Fortified Wine: ~16% – 22% alc./vol.
Serving SPIRITS
Spirits are a distilled beverage, liquor, hard liquor or hard alcoholic beverage produced by distillation of a mixture produced from alcoholic fermentation.
In Australia the following spirits must be served using an NMI-approved spirit measure:
- Brandy (including Cognac and Armagnac)
- Gin
- Rum
- Vodka
- Whisky (Whiskey)
Spirits (typically about 40% ALC./VOL. A standard serve of spirit is 30ml or 1 nip (~40%)
JiggerSplit 30ml/15ml
OPTIC MEASURE Typically 30ml or 15ml
Electronic Measuring Unit (EMU) Typically 30ml or 15ml
Spirit Measures
Simple spirit measures must be:
- in capacities of 15mL, 30mL or 60 mL
- in the prescribed units of millilitres (mL)
- marked with either batch-testing markings or a verification mark
- made of a rigid or semi-rigid material.
Spirit dispensers must:
- Be of a pattern approved by the NMI under approval categories 4/5/ or 5/6S/ and bear a verification mark applied by a servicing licensee
- Must deliver fixed quantities of 15 mL, 30 mL or 60 mL
USING A JIGGER:
- Always fill jigger over the glass or shaker, spillage ends up in the container not soaking the bar-mat.
- The jigger should be filled until you can see the meniscus (or plimsoll line if present). It is against the law for a customer to be underserved.
Serving COCKTAILS
A cocktail is a mix of different three or more ingredients with at least one of the ingredients being alcoholic.
- Common recipes today often contain 45-60 ml of spirit and/or liqueur with a non-alcoholic mixer such as soft drink, cream, juice.
- It is best practice to create cocktails that are equivalent to no more than two (2) standard drinks.
- Some state/territories have banned cocktails that contain more than 45 ml of liquor after midnight.
- Liquor authorities commonly come across examples of extra-large or extra strong cocktails that are definitely not responsible.
- Commonly measured using a Jigger.
A standard serve of cocktail with 45ml spirit/liqueur (~28%)
Shaker
Blender
A giant Martini that caught the attention of liquor official of Sydney in 2015 and licensee was told to remove it from the menu and prohibit its sale.
Measuring Devices
Approved Measuring Devices
Optic Measure
15ml - 30ml
Standard 30ml & 15ml Jigger
Must fill to Plimsoll line
Electronic Measuring Unit
Can be linked to a computer system and bulk dispensing system for extremely accurate stock control.
Posi Pour devices
- Approved only if used with jigger/measure
- No free pours allowed
- The ball bearing variety no longer approved
Non-Approved Measures
American ‘OZ’ Jiggers
Not approved – cannot use in Australia
1 US fluid ounce = 29.5735ml
Posi-pours (ball bearing type)
Not approved by NMI
Can only be used in conjunction with a ‘jigger’ or ‘nip measure’
International Jiggers or Measures
Not approved This example uses 50ml and 25ml serving sizes purchased from overseas or over the internet may not be valid in Australia as the sizes may differ.
Chrome Bottle Spirit Measure
Not approved by NMI Issues with Hygiene and calibration
Can be manipulated easily to underpour serves.
Serving Devices
Non-Approved Serving Devices
Beverage novelty items
- Banned from service in a licensed venue
- Inappropriate container
Sculling Tubes
- Banned from service in a licensed venue
- Promotes excessive and rapid consumption.
Yard glasses
- Banned from service in a licensed venue
- Promotes excessive and rapid consumption.
- Can hold 2Lt of beer and is designed to be skulled in one go.
Syringe Shots
- Banned from service in a licensed venue
- Promotes excessive and rapid consumption
- Inappropriate container, test tubes and jello cups fall into this category
Undesirable Liquor Products
Many state authorities throughout Australia have banned a number of liquor products and declared them as undesirable due to their packaging or inappropriate context.
Undesirable products may include:
- Alcoholic ice blocks
- Alcohol aerosol products
- Alcoholic milk
- Alcohol vapour
- Alcoholic Jelly cups
- Powdered Alcohol
- Alcohol served in ‘syringe’ containers
Licensees and Staff must also stay up-to-date with the liquor products that are deemed undesirable and ensure that you do not sell or supply these banned items.
In Tasmania, the Minister has the ability to prohibit the sale of undesirable liquor products.
What makes a liquor product undesirable?
Any of the following things may cause a product to be considered undesirable -
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 confectionery; and/or
- has a special appeal to minors
- it is otherwise in the public interest to ban it
Other banned products:
Lesson 7: How do people become Intoxicated?
Typically, it is people who consume alcohol in medium to high doses that become intoxicated.
The most common ways they achieve this is by:
- Pre-loading - consuming quantities of alcohol at home prior to venturing on a night out.
- Binge drinking - generally refers to drinking heavily over a short period with the intention of becoming intoxicated. 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 strengths of all beverages they sell.
- Drinking erratically
- Drinking excessively
- Consuming illicit drugs and medications
Another way that people get intoxicated (involuntarily) and is a controversial issue that needs to be discussed is:
- Drink Spiking
How to assess intoxication?
- Observe changes in the behaviour of customers
- Observe the emotional and physical state of customers
- Monitor noise level of customers
- Monitor drink purchases of customers
Indicators of erratic drinking patterns
Many drinkers consume alcohol responsibly; however, a substantial proportion of drinkers consume alcohol at a level that is considered to increase their risk of alcohol-related harm and become intoxicated.
- Mixing a wide range of drink types
- Drinking quickly and asking for more immediately
- Ordering more than one drink for own consumption
- Mixing alcohol consumption with consumption of prescription or illicit drugs
- Consistently returning to a tasting site to request more samples
- Ordering multiple samples or large samples
- Drinking ‘rapid intoxication’ beverages
- Ordering ‘triple shots’ or extra-large drinks
- Drinking out of jugs, large containers or ‘Yard Glasses’
- Consuming illicit drugs and medications
Rapid Intoxication Drinks
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)
Signs that indicate a person is affected by illicit drugs
There are many signs, both physical and behavioral, that indicate a person is intoxicated through drug use.
- 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
- Sniffly or runny nose
Click here to access 'Drug use information for hospitality and event managers – SA'
Drink Spiking
Spiking occurs when alcohol and/or another drug is administered or attempted to be administered to a person without their knowledge or consent. This is perpetrated by adding alcohol or another drug to someone’s drink or food or injecting it into someone’s body via a needle.
These additives may be colourless, tasteless, and odourless, meaning the victim may not be aware of any difference to their drink. Spiking can happen anywhere, anytime.
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.
Drink spiking is a crime punishable by fines and imprisonment.
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)
- Tranquillizers
- 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 anesthetic effect. In extreme cases, it can lead to a coma or even death.
It is important to be aware of signs that someone’s drink has been spiked. Spiking affects people differently, although the main indicators can be:
- mental confusion or incoherent
- loss of consciousness
- feeling disorientated
- poor visibility
- feeling dizzy or faint
- feeling ill or sleepy
- feeling drunk even if they’ve only consumed a small amount of alcohol
These signs may be similar to intoxication, so it is important to talk to the affected person to ensure you understand the situation and manage it appropriately.
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 assault.
Drink Spiking Safety tips in Pubs and Clubs
PREVENTION
Staff can improve the personal safety of patrons in pubs and clubs and stop the occurrence of drink spiking by:
- Monitor the environment and report any suspicious behaviour to your manager.
- Be aware of unusual requests, like odd combinations of alcohol or drinks not on the menu.
- Have a policy in place around what to do if there is a suspected/ attempted/ actual spiking.
- Remove unattended glasses from the bar area and surrounds, as well as other areas like bathrooms.
- Respond to requests for assistance from patrons who report feeling unsafe. Take them to a secure part of the premises and let your manager know. Assess the situation and work out the best course of action.
- Trust your instincts – if something feels wrong but you’re unsure how to manage the situation, report it to your manager. Be aware of unusual requests, such as odd combinations of alcohol or drinks not on the menu.
RESPOND
If you are concerned that a customer believes their drink has been spiked –
- Alert the affected person
- Talk to the affected person and stay with them to ensure you understand the situation and manage it appropriately
- If required, ask a colleague or supervisor for help
- Call 000 if the person requires medical attention
- Take the person to a secure part of the premises
REPORT
Make a report in the incident book including any details of people they may have been drinking or socialising with.
It is also important that you contact police on these occasions, especially if a robbery or assault has occurred as a consequence.
Keep a list of local services handy for quick reference in the event of a drink spiking. These can include:
- Triple Zero (000)
- Crime stoppers (1800 333 000)
- Police Assistance Line (131 444)
- Your local Police station’s direct number
- Local taxi services
- Counselling services 1800RESPECT
- 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
- Understand the impact of alcohol abuse and misuse on the community
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 authorized officer in the exercise of powers;
- Fail, without reasonable excuse, to comply with a requirement of an authorized officer;
- Fail, without reasonable excuse, to answer, to the best of the person’s knowledge, information and belief, a question put by an authorized officer.
(NOTE: a person may decline to answer a question if the answer would tend to incriminate the person of an offence)
Strategies to prevent Intoxication
Serving a customer continuously to the point of intoxication is a serious breach of liquor legislation and if caught you and your licensee could face fines and stronger disciplinary action by liquor authorities.
- Actively promote low and non-alcoholic drinks
- Promote food accompaniments or provide free food snacks
- 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
- Serve water with drinks and ensure water is constantly available for patrons
- 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’s late at night
More Strategies for Preventing Intoxication
- House policies
- RSA retraining
- Management & Directors to support RSA & staff
- Employing RSA monitor or host
- Conducting Internal self-audits
- Implementing voluntary entry restrictions, such as curfews, particularly on busy nights
- Restricting the number of drinks that can be purchased at one time, particularly in large venues where patrons can be regularly buying drinks for others who may be drunk
- Waiting for patrons to re-order their drinks, rather than topping them up
- Incorporating RSA style messages in-venue advertising and promotions to reinforce to patrons that intoxication and associated behaviour is not tolerated
- Employing RSA marshals (hosts) to monitor patrons and consumption levels
- Conducting high visibility security patrols to deter intoxicated people from entering or loitering
- Ensuring any liquor promotions comply with the liquor laws
Lesson 10: Refusing Service
It is highly likely at some point during your career in the hospitality industry that you will encounter a minor, an intoxicated or a disorderly patron and would have to either refuse service or entry.
Refusing service helps improve the safety of the licensed premises, especially where any further consumption of alcohol may place other patrons and staff at risk. It also reduces the potential risk of litigation for the licensee.
As per the legislation in each state, the following patrons may not be sold or supplied alcohol:
- Minors
- Intoxicated (Drunk) persons
- Disorderly patrons
- Criminally declared bikie gang members
Deciding to Refuse Service
Refusing service should not be taken lightly. Typically, your customers don’t want to be refused, they are at your venue for a purpose, they are hopefully enjoying themselves, the entertainment, the company, the social setting. They see drinking alcohol as the fuel for their enjoyment and for you to suddenly announce that they can’t enjoy themselves anymore is going to upset them.
If you serve, sell or supply alcohol in a licensed venue, you are the one responsible for making the decision to refuse service.
The decision you make will have consequences and you will need to deal with any conflict or issues that arise.
If you fail to refuse service to customers who are intoxicated, disorderly or minors you may be prosecuted under the state/territory laws.
Disorderly person
Anyone causing a disturbance or behaves in a manner that discomforts another person by being abusive, offensive, aggressive or by demonstrating inappropriate behaviour.
What are the main reasons for refusal?
The law requires it!You are required by law to refuse service in the case of minors, unduly intoxicated or disorderly patrons.
The safety of the patron!
The consumption of liquor is placing their safety in jeopardy.
The safety of others!
The consumption of liquor by a particular patron is placing the safety of other patrons in jeopardy.
Civil litigation!
The licensee and staff can be held responsible for not adhering to the law, should an intoxicated patron endanger their life or the lives of others.
Fortunately, most customers know the law regarding refusing service and the majority of people will take your refusal of service with good grace. But there is always going to be some that will argue.
Remember to look for more than one sign of intoxication and stop a problem before it gets out of control.
Australian outlaw motorcycle clubs
Outlaw Motor Cycle Gangs (OMCGs) are one of the most high-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 motorcycle riding clubs, which are made up of people who get together solely to ride their motorcycles and socialise.
The most recent assessment of OMCGs identified that there are 38 ‘one per cent’ OMCGs operating in Australia, with about 4,500 patched members, 900 prospects and over 2500 associates. The following motorcycle clubs are considered outlaw clubs across Australia -
Lesson 11: Minors
In Australia, a minor is a person who is under the age of 18. If in doubt — check it out!! Always ask for proof of age. As a general rule, if a person looks under 25 years of age, they should be asked to show proof of age. Even alcohol in desserts must be considered. You could reduce your liability by being alert and consistent.
In general, the younger and smaller a person is, the less tolerant they are to alcohol. This means that minors are at a greater risk from the effects of alcohol. Additionally, puberty is often accompanied with risk-taking behaviours like binge drinking, dangerous physical activities, and risky sexual behaviour such as having unprotected sex.
This is why it’s critical to be rigorous and proactive in your approach to preventing underage drinking.
It is an offence to serve or supply alcohol to minors (exemptions apply in some states) and if done so, the licensee, the responsible person and the person who sold or supplied the alcohol are each guilty of an offence. The minor is also guilty of an offence and may face several fines.
The main offences are:
- Selling or supplying alcohol to a minor
- Allowing a minor in an unauthorised area on licensed premises
If a person is not able to present a suitable ID, he or she must be refused service and made to leave the premises immediately. As per the law, any person with a fraudulent ID will be prosecuted and the ID must be seized.
Who is a responsible adult for a minor?
Each of the following persons can be called a responsible adult for a minor –
- A parent, step-parent or guardian of the minor
- An adult who has parental rights and responsibilities for the minor
Terminology that is commonly used to define a person who is under the age of 18 -
Juvenile (WA)
Child (NT, ACT)
Minor (NSW, VIC, SA, QLD, TAS)
What should staff look for when checking ID?
- Always check ID in well-lit areas where alterations will be more obvious (have an initial checkpoint at the front door).
- Hold the ID and take your time examining it - be sure.
- Feel around the edges of the photo, birth date and the edges of the card. Look for bubbles, wrinkles, and bumps - these may show the card has been tampered with.
- Young people are altering the dates of birth by either scratching and/or using nail polish remover to change the dates both front and back of a licence.
- Check the photo matches the person (do distinguish facial features match? This can be difficult at times if in doubt ask for supporting ID).
- Check the birth date on the ID confirms the patron is over 18 years (as driver licences and other forms of ID can be issued to young people).
- Ensure the ID includes a hologram or other security feature. Be aware security features are constantly improving and as a result, not all licences will look the same.
- Ask the customer to sign a piece of paper to verify signatures.
TIPS:
- Tape the ‘critical date’ (the date on which a person must have been born to be at least 18 years of age today) to the cash register (or somewhere visible to staff but not to customers) each day. Crowd controllers can write it on their hand at the start of the shift.
- Look for suspicious behaviour like groups just hanging around or one person buying multiple drinks in a group.
Examples of False ID
Australia does not have a National Identity Card
An example of a Victorian fake ID from fakies.com.au.Student ID card is not an acceptable form of evidence for proof of age.
Another example of a fake ID from fakies.com.au, same person’s picture different state.
Student ID card is not an acceptable form of evidence for proof of age.
Daenerys Targaryen would more likely be seen on ‘Game of Thrones’
Consider the following when asking for identification
- Those who appear underage and who have no ID are generally underage.
- Expired licences are not acceptable forms of identification (over 50% of licences seized as false ID are expired at the time of seizure).
- Ask the customer to take their ID out of any protective casing for you to inspect.
- Consider body language. Those who look under 18 expect to be asked, those under 18 years of age fear being asked.
- When you make a decision stick to it.
- Support staff when they make a decision not to serve unless proof of age can be produced.
- Make sure all staff are consistent in their judgements.
Lesson 12: Signages
Most liquor venues have to meet requirements to use statutory signage on the licensed premises for a range of circumstances. Signs are useful for notifying both staff and patrons of their legal requirements and the fines for breaking liquor laws.
NOTE: Click on signage to open in fullscreen mode
Queensland
U18 Restricted
U18 Fake ID
Staff to ask for ID
Staff can be fined
Lockout laws
No take away alcohol
SNP Member
Refuse to leave? Fines apply
Don’t drink and drive
Neighbourhood noise
Identified Organisations
ID Scanner
U18 Fines
Not within limits? Fines apply
Mate using your ID
Western Australia
Sell or supply liquor to a person who is drunk
False or misleading ID
Against the law to supply alcohol to under 18
Sell or supply liquor to a drunk person
Failure to vacate? Fines apply
Under 25? ID needed
South Australia
Area out of bounds to persons under 18
Condition for people under 18 to be with a responsible adult after midnight
Under 18 must be with a responsible adult for packaged liquor sales
Against the law to sell or supply alcohol to under 18
Declared Criminal Organisations in South Australia
Northern Territory
Penalty – Fake ID
Ask the patron to leave
Patron refuses to leave
Outlaw Motorcycle Club
Penalty – U18 Consuming alcohol
Penalty – U18 Collecting liquor
Penalty – U18 in the restricted area
Penalty – U18 enter/remain in the restricted area
Penalty – supplying alcohol to U18
Tasmania
The Liquor Act (section 60) states that licensed areas must have the right signage, stating whether an area is restricted or prohibited, placed in a conspicuous position. Licensees that breach this obligation can be fined up to 20 penalty units. The signs assist the staff of licensed premises and their patrons to comply with relevant legislation and Responsible Service of Alcohol and Responsible Conduct of Gaming principles. Not all signs are mandatory, but all are intended to help make sure that patrons stay safe and enjoy themselves in licensed premises.
Section 61
Licensee to prohibit or restrict the entry of young people to certain parts of licensed premises. Licensees that breach this obligation can be fined up to 20 penalty units.
Section 84
- Areas of licensed premises may be designated to prohibit or restrict the entry of young people
- Section 84 provides for the Commissioner for Licensing to prohibit or restrict the entry of underage persons to areas of licensed premises.
Section 72 of the Liquor Act allows people under the age of 18 to be permitted to remain on licensed premises to have a meal or when in the company of a responsible adult.
Here is the guide that can be used to define underage access –
|
Hotels |
Underage access |
|
Not Designated |
Permitted at all times |
|
Restricted |
Under certain conditions (e.g. lounge bar and dining areas to have a meal or otherwise only with a responsible adult) |
|
Prohibited |
Not permitted at any time (e.g. public bar and gaming lounge) |
|
Clubs |
Underage signed in by a member or can be a member in their own right. No access to gaming areas |
All signs are free can be printed from –
https://www.treasury.tas.gov.au/liquor-and-gaming/liquor/resources-for-licence-holders/liquor-signs or sent to you by either contacting or attending the offices of the Liquor and Gaming Branch located at Hobart and Launceston.
Prohibited Area
A prohibited area is an area where young persons under the age of 18 are not to enter under any circumstances or at any time. This notice must be displayed if the Commissioner for Licensing has designated any part of licensed premises as a prohibited area. Display this sign in a conspicuous position at each entrance to any part of the designated area.
Restricted Area
A restricted area is one where young people are allowed to enter, and remain in, as long as they are in the company of a parent or legal guardian, or are there to have a meal. This notice must be displayed if the Commissioner for Licensing has designated any part of licensed premises as a restricted area. Display this sign in a conspicuous position at each entrance to any part of the designated area.
Prove It! No ID – No Entry
This notice is important for staff and patrons as it sets out the acceptable forms of ID, so that staff can ensure that young people do not gain entry to prohibited areas. Display this notice at the entrance to prohibited areas of licensed premises, particularly night clubs and late-night venues, where young persons are not allowed to enter at any time.
Prove It! No Proof – No Purchase
This notice is important for patrons and staff as it sets out the acceptable forms of ID so that staff can ensure that young people do not access alcohol. Display this notice in restricted areas where young persons are allowed entry but are not allowed to purchase or consume alcohol.
Fine Time
This notice reminds staff and patrons that it is an offence to sell or supply liquor to a person intoxicated and that the supply and sale of liquor to, or purchase/consumption of liquor by, young people is illegal.
Display this notice in a prominent position in all bar areas.
Australian Capital Territory
U18 Restricted
Take-aways Only
U18 Restricted After Midnight
Offence to abuse
Offence to Serve U18
Breath Analysis Machines
U18 Offence to Obtain Alcohol
Victoria
Sell or supply liquor to a person who is drunk
Ask for ID
It is an offence to supply liquor to intoxicated person
Do not supply liquor to under 18s
Don’t abuse staff
Delivering liquor to over 18s only
Arrange a taxi
Make drinking water available for free
General rule when checking ID
Buying for or supplying liquor to under 18s
Barring powers
RSA principles
For detailed information on signages, please use the following file –
Lesson 13: Offences
Offences
Each state/territory has a range of offences that relate to the sale or service of alcohol and the non-compliance with the law and industry codes. The organization, licensee and individual staff members and patrons can all be held liable.
QLD, SA, NT, TAS, ACT (Intoxicated person can remain on licensed premises provided patron is closely monitored and/or it is not safe for the person to evict in that condition)
NSW, VIC, WA (Offence to allow the intoxicated patron to remain on licensed premises)
Amenity
The amenity in this situation is the quality of pleasantness or agreeability of an area.
The licensee must ensure that the liquor licence and the business activities that take place on the premises must not detract from, or be detrimental to, the amenity of the area in which the premises are situated.
- Ensure you follow the approved hours of operation of the premises
- Do not exceed the maximum number of patrons permitted on the premises
- Maintain security arrangements
- Observe all entry and exit locations and maintain behaviour and noise levels of customers leaving the premises at all times
- Maintain behaviour and control noise in outdoor area management to minimise amenity impacts on nearby properties
- Manage patrons who are smoking
- Remove general waste during approved hours, do not empty glass bins late at night (store in appropriate area for removal next day)
- Manage and control entertainment provided by live bands, DJ’s and maintain noise levels or limits
- Maintain lighting within the premises and security lighting outside the premises
- Patrol car parks and external areas late at night to ensure the safety of patrons
For further details on this topic, please use the following document –
Lesson 15: Harm Minimisation Strategies
RSA Management Principles
Licensees can use a variety of harm minimisation strategies within their venues to ensure that safe and responsible service of alcohol is provided.
- House Policies
- Codes of Practice
- Risk Assessed Management Plans (Responsible Management Plans) – known as RAMP’s
- Security/Crowd Controller requirements
A RAMP or House Policy details a licensee's management practices and procedures at the premises, such 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-site
Security/Crowd Controllers
A crowd controller keeps order at a public place. They can:
- screen the entry of people into a place
- monitor or control their behaviour while inside
- remove people for bad behaviour.
The safety and security of people on and in the vicinity of licensed premises is a significant public interest issue and one which licensees must give appropriate consideration to, having regard to the nature of their licensed premises or event.
The principle of implementing crowd control strategies, particularly at licensed premises or events of high risk, is to deter, detect, delay and respond to anti-social behaviour and crime that puts the safety, health or welfare of people resorting to the licensed premises or the vicinity of the licensed premises at risk. High risk licensed premises or events include those that attract large numbers of people or trade late at night and into the early hours of the following morning.
- Check ID and ensure minor do not enter the premises
- Assist in handling difficult customers or situations
- Follow venue policies and procedures to refuse entry or to remove customers with unacceptable behaviour
- Controls crowd outside the venue
- Monitor security cameras
- Records detail of the incident
Incident Registers
An incident register allows licensed premises to record incidents involving violence and anti-social behaviour, as well as people being turned out of the premises under the liquor laws.
All licensees of licensed or permitted premises are encouraged to maintain an incident register at all times. They are a useful compliance tool and can form part of a licensed premises responsible management and/or liquor accord practices.
A licensee who maintains an incident register at all times will gain a better and more detailed understanding of events that may impact adversely on the safety of their licensed premises and patrons. It will also help them to develop appropriate strategies to reduce the risk of alcohol-related violence and anti-social behaviour at the premises, as well as improving the responsible service of alcohol practices.
Write down all incidents and occurrences in the Incident Register. Ensure you write down the details of the incident. Names, times, dates, detailed description of the incident.
Lesson 16: 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.
- Appropriate activities for advertising and promotion of alcohol are used
- Strategies promoting safe consumption of alcohol are used
- Responsible hospitality services are offered at all times
Strategies promoting safe consumption of alcohol
- Ensure free access to water for all patrons
- Make food available
- Avoid drinking games & limit offering complimentary liquor or samples
- Provide breath analysis equipment for the use of customers
- Display information about taxi and public transport services
- Place the telephone in a convenient location for the patrons
- Display information about the harmful effect of over consumption of liquor
- Make low or non-alcohol drinks available at reasonable prices
- Provide only standard drinks so that customer can assess their consumption correctly
- Serving patrons half measures of spirits on request
Lesson 17: Smoking Laws
Across all States, smoking is prohibited in enclosed dining areas, enclosed public places and almost all enclosed workplaces.
Federal laws also ban smoking in:
- all commonwealth departments
- all domestic flights and international flights out of Australia, and
- in airport buildings operated by the Federal Airports Corporation.
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. Examples of No Smoking Signage
For more details on DOSA’s, please use the following document –