SITHFAB201
Provide Responsible Service of Alcohol - NSW Only TABLE OF CONTENTS Completion Requirements .................................................................................................................................1 Welcome ............................................................................................................................................................1 Section 1 Introduction to RSA ...........................................................................................................................2 Section 2 - Legislation .....................................................................................................................................11 Section 3 - Impact of Alcohol ..........................................................................................................................31 Section 4 RSA Strategies .................................................................................................................................43
Completion Requirements 1. Complete this online course. 2. Send a copy of your identification to any of the following: E:
[email protected] 3.
F: 07 3899 1160
P: PO Box 254 MORNINGSIDE QLD 4170
Take your interim certificate to Australia Post for them to issue your Photocard.
Important Information Timeframes for Processing: We will process you interim certificate the next business day after receiving your identification and you completing the course. Business days are Monday to Friday unless a public holiday. That means if you finish your course and send your identification on Friday you will receive you Interim Certificate by close of business on the Monday following (provided it is not a public holiday.) Photocard The Photocards are processed by the OLGR, not us. We advise going to the post office as soon as possible as your Photocard may take more than 3 weeks to arrive. If you interim certificate expires before you Photocard arrives then you cannot work.
Welcome In this course you’ll learn the principles and practices of the Responsible Service of Alcohol (RSA). RSA training is governed by NSW State liquor laws and completion of an RSA course is mandatory for licensees, serving and security staff.
SITHFAB201 - Provide Responsible Service of Alcohol - NSW Only| Course Notes
Ben introduces you to this course G'day. Let me introduce you to Responsible Service of Alcohol, or as it is commonly known, RSA. You’ll have to complete this course if you want to work in licensed premises where alcohol is sold or served. Responsible service of alcohol has been part of the State’s liquor laws for nearly 100 years; RSA is not new! Governments have always recognised that alcohol can have a negative impact on the community. As a result the sale of alcohol is controlled and regulated by law. You need to know your legal responsibilities if you are going to work in the sale or supply of alcohol. The course consists of four topics, and you will need to work through each to develop an understanding of RSA, and the skills to put RSA strategies into practice. You’ll hear from industry experts who’ll give you first-hand experience on how they implement and follow RSA laws. There is a lot to learn so let’s begin! There are four topics you need to complete: 1. Introduction to RSA 2. RSA legislation 3. Impact of alcohol 4. RSA strategies. Your learning will involve reading, listening to industry experts, and watching video role plays that show you best practice in RSA strategies.
Section 1 Introduction to RSA This topic will help you to understand the purpose of Responsible Service of Alcohol (RSA). Listen to my introduction to find out what you’ll learn. So what is RSA and why do we have it? What laws support it? What concerns do the government and the community have about alcohol? By working your way through this topic you’ll gain an overview of RSA and hear from industry experts who will explain the fundamental principle of RSA. This includes the role of government agencies and what it means for the business you work in. Now, let’s get started! What you’ll find In this topic you will learn about the principles of RSA, and the role of the Government in developing and enforcing RSA legislation in NSW. Government officers and experienced licensees will explain many of these details so that you gain a thorough understanding. 1.1 What is RSA? (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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RSA is a fundamental principle enshrined in legislation. It guides licensees and their staff to make sure they comply with the Liquor Act. It includes a range of flexible and proactive initiatives that suit individual sectors, individual venues and various risks in those venues. Responsible service in action compliments a range of strategies to not get people drunk. It can be as simple as serving free water and food, or having extra security personnel on closing time to make sure people leave the vicinity. These initiatives could be further complimented by putting restrictions on risk drinks such as alcopops. Another example of responsible service in action is the banning of shots and high content ready-to-drinks (RTDs) after 9.00pm. You need to comply with RSA by ensuring that you:
do not serve anyone under the age of 18
recognise the signs of impending intoxication and do not serve anyone at this point
do not serve anyone who arrives at your establishment already intoxicated
understand the principles of ‘standard drinks’ and drink drive levels
discourage patrons from engaging in activities which can harm themselves or others.
RSA means that you must comply with all NSW liquor laws. It also means that you must promote and support a safer environment by only selling, serving or promoting alcoholic beverages in a professional and responsible manner. Following RSA practices helps to ensure that your patrons do not become intoxicated and then become a problem for staff, management, the licensee and the local community. Harm minimisation has also been a primary objective of NSW liquor laws since 1996 and certain activities are limited on licensed premises to prevent the misuse or abuse of liquor. The evolution of the NSW liquor laws and responsible service of alcohol While the majority of people consume alcohol responsibly, Governments have always recognised the negative impact that alcohol can have on the community. As a result the sale and supply of liquor is appropriately controlled, and sanctions apply where licensed venues are poorly run and irresponsible liquor serving occurs—such as intoxication (i.e. drunkenness) and minors obtaining liquor. Responsible service of alcohol has been part of the State’s liquor laws for nearly 100 years. Responsible service is not new. For example in the 1912 Liquor Act, a licensee was prohibited from permitting drunkenness on the licensed premises and the onus was on the licensee and employees to establish that they took all reasonable steps to prevent the drunkenness. Nearly a century on this requirement is still in the NSW liquor laws. Until the 1970s, registered clubs were regulated under the Liquor Act 1912. In 1976, the Registered Clubs Act was introduced in response to community concerns about the management of clubs and the inappropriate use of members' property. The Registered Clubs Act contains an extensive range of controls applying to the management of registered clubs. There have been many significant amendments made in response to changing community attitudes and Government policy regarding the sale and supply of alcohol. Perhaps the most significant changes occurred in 1996 when both Acts were changed to introduce ‘harm minimisation’ (i.e. minimising the harm associated with the misuse and abuse of liquor) as a primary object of both Acts. The move to a harm minimisation approach in the liquor laws followed increasing concern about the extent of alcohol-related crime and violence—particularly in and around licensed venues. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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SITHFAB201 - Provide Responsible Service of Alcohol - NSW Only| Course Notes
In 2008, new liquor laws commenced, further strengthening harm minimisation controls over the way liquor is sold and consumed and consolidated the regulation of liquor in all premises, including registered clubs, into one Act—the Liquor Act 2007. The Act places obligations on the Independent Liquor and Gaming Authority, the Director General, Department of Trade and Investment, Regional Infrastructure and Services, the Commissioner of Police, licensees, and others in regard to responsible practices in the sale, supply, service and promotion of liquor, and the prevention of activities that encourage misuse or abuse of alcohol. These laws also place greater responsibility on patrons to drink responsibly to minimise alcohol-related violence and anti-social behaviour in and around licensed venues. The harm minimisation approach—with emphasis on responsible service and consumption of alcohol, and the responsible operation of licensed venues—is justified on public health and safety grounds. When considering reforms to liquor licensing, a balance must be struck between achieving a fairer, simpler regulatory system and consideration of the impact irresponsible liquor consumption can have on local communities, road safety and public health. The protection of local amenity and the probity of industry participants have been identified as important considerations associated with the sale and supply of liquor. For example, alcohol-related nuisance, violence, crime and noise disturbances could erode the quality of life for people living or working in the vicinity of venues serving alcohol. The liquor laws therefore seek to protect the interests of local communities by protecting and improving local amenity. As a result, the laws include various public interest provisions that allow local communities, local councils, police and other stakeholders to have a say about the conduct of licensed venues. Today, RSA training is mandatory for everyone in NSW involved in the sale and supply of liquor to the public. This includes licensees, club secretaries, serving staff and security staff working at licensed venues. There are no exemptions from undertaking the course. This mandatory training regime also includes volunteers, promotional staff and contract employees as well as directors of registered clubs who have liquor service responsibilities. Sanctions apply to licensees and staff in cases where RSA training has not been undertaken. 1.2 Context of RSA The Government has made RSA mandatory because of concerns from both government and the community about alcohol abuse. So what are these concerns and how much impact does alcohol have on the community? In excess of 14,000 premises are licensed to sell liquor in New South Wales, which makes alcohol widely available and enjoyed by many. While the majority of Australians enjoy low to moderate consumption of alcohol there is increasing concern about the continuing patterns of excessive and binge drinking. Hard facts to swallow
Alcohol abuse costs NSW $7 million each day ($2.5 billion in a year).
The NSW Police Force spends at least $50 million a year responding to alcohol-related crime.
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More than 5,000 deaths per annum in Australia are attributed to alcohol, second only to tobacco as a preventable cause of death and hospitalisation.
One-third of injured patients attending St Vincent’s Hospital Emergency Department have consumed alcohol prior to incurring their injury and almost two-thirds of these patients have been drinking at licensed premises.
23.8 percent of girls aged 14–19 years are drinking alcohol at levels that are putting themselves at risk of harm.
Alcohol was involved in 41 percent of incidents of physical violence and 38 percent of sexual assaults experienced by women; younger women and Aboriginal women are most at risk of such violence.
12 percent of suicides, 16 percent of child abuse cases, 44 percent of fire injuries, and 34 percent of falls and drowning are associated with alcohol consumption.
Alcohol is identified as a factor in about 18 percent of all fatal crashes in NSW, but the figure is 27 percent in country areas.
More than 75 percent of male inmates imprisoned for assault offences were affected by alcohol at the time of the offence.
75 percent of street incidents attended by police in six eastern Sydney patrols involved alcohol and 60 percent of these occurred near licensed premises.
The proportion of both male and female drinkers reporting heavy drinking days was highest in the 16 to 24 years age group.
Department of Family and Community Services case workers estimate that between 75 to 90 percent of their cases involved problematic alcohol or drug misuse.
The most frequent response by staff (in licensed premises) to intoxication was to continue to serve alcohol.
References: National Drug Strategy Health Survey 2007: www.aihw.gov.au/publications NSW Health: www.alcoholinfo.nsw.gov.au RSA is a whole-of-business approach to attracting patrons to a venue, managing them at the venue and ensuring they are safe when they leave the venue. The positives are that communities are safer and the local amenity of the community is enhanced by a venue that is doing the right thing. The health, social and economic costs linked to excessive and binge drinking range from offensive behaviour to death, and include violence, road accidents, injury, property damage, hospital treatment, counselling, detoxification programs, workplace absenteeism and opportunistic sexual assault. In 2008, new liquor laws commenced which reinforced measures to address alcohol-related problems within the community by:
the introduction of enforcement power
introducing intoxication and responsible promotion guidelines
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enhancing liquor harm minimisation measures
enabling the Director General, Department of Trade and Investment, Regional Infrastructure and Services to determine complaints about noise and disturbance in relation to licensed premises
providing for the establishment of local liquor accords with the aim of eliminating or reducing alcohol-related violence or anti-social behaviour
allowing for disciplinary action by the Independent Liquor and Gaming Authority against licensees and certain other persons (including fines or the cancellation or suspension of licences)
the introduction of new offences for patrons.
1.3 The role of key agencies Who ensures RSA compliance in NSW? It is the role of the Office of Liquor, Gaming and Racing and NSW Police to ensure that licensed premises implement and manage responsible service of alcohol. Find out about the role of the regulatory and enforcement agencies. The key regulatory and enforcement agencies involved with licensing laws and RSA include: NSW Trade and Investment NSW Trade and Investment drives sustainable economic growth in NSW. The Department works with and supports the vast range of businesses and industries across NSW to advance investment, innovation, activity and improvements across all industry sectors. The NSW Office of Liquor, Gaming and Racing, a division of NSW Trade and Investment, has responsibility for liquor regulation in NSW. Office of Liquor, Gaming and Racing (OLGR) The NSW Office of Liquor, Gaming and Racing (OLGR) is responsible for the development, implementation and integrity of the overall regulatory framework across alcohol, licensed clubs, charitable fundraising and gambling activities in NSW. Its role includes:
providing strategic policy advice to Government on liquor policy issues
industry education and enforcement
collaboration with the NSW Police on harm minimisation and compliance strategies
coordination and promotion of liquor accords
coordination of licensing, compliance and enforcement functions
maintaining a website that gives information, direction and advice on all matters relating to alcohol, licensed clubs, charitable fundraising and gambling
regulating industry RSA and Responsible Conduct of Gambling training requirements.
Peter Freeman, from the Office of Liquor, Gaming and Racing, explains what happens if the Office is called to a venue to investigate a complaint made. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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SITHFAB201 - Provide Responsible Service of Alcohol - NSW Only| Course Notes
Typically if a licensed premises is subject to a complaint by the Office, the first point of call will be an officer, will attend the premises, and in fact the bar staff might be the first person that they meet. As a normal course we would engage the licensee and we would ask for certain records. We would also very often speak to staff on duty at the time and test their knowledge and understanding, or enquire as to the circumstances of an event. The officers are inspectors under the Casino, Liquor and Gaming Control Authority Act, and they have powers to enter premises, they have powers to demand records, and they have powers to require persons to answer questions. It's most important that bar staff and persons working within the venue understand that to save any confusion, because very often they become anxious, and certainly don't know, but the inspectors are trained in dealing with and communicating with staff, and most of the time you will find it a painless exercise, and it's all about the resolution of the issue in accordance with community expectations. Independent Liquor and Gaming Authority (the Authority) The Independent Liquor and Gaming Authority is responsible for performing casino, liquor and gaming machine decision-making, including:
approving liquor licences and related authorisations
determining the impact of licensing proposals by considering associated community impact statements
determining disciplinary matters involving licensees and others.
The Director General, Department of Trade and Investment, Regional Infrastructure and Services The Director General, Department of Trade and Investment, Regional Infrastructure and Services is the departmental head with statutory authority to initiate investigations, make disciplinary complaints and take prosecution action. This role can include:
directing licensees and staff to address problems in licensed premises and imposing conditions on licences
issuing guidelines relating to intoxication and alcohol promotions
imposing licence conditions
determining noise disturbance complaints
restricting or prohibiting the sale of undesirable alcohol products
approving liquor accords.
Compliance Officers (OLGR) Compliance Officers support the Director General, Department of Trade and Investment, Regional Infrastructure and Services in investigating complaints, undertaking inspection programs and assisting in the compliance role. NSW Police Force
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The NSW Police Force have the principal enforcement role under the liquor laws for licensed premises. The police:
enforce the liquor laws
are an important member of liquor accords.
Other agencies Other agencies that have harm minimisation roles within the liquor industry include:
NSW Department of Health which develops and implements drug and alcohol policies
NSW Roads and Maritime Services with drink drive education programs, driver licences and the NSW Photo Card.
Websites Office of Liquor, Gaming and Racing: www.olgr.nsw.gov.au Independent Liquor and Gaming Authority: www.ilga.nsw.gov.au NSW Department of Health: www.health.nsw.gov.au NSW Roads and Maritime Services: www.rms.nsw.gov.au 1.4 RSA and your business Although RSA is a legislated requirement, and therefore compulsory for licensees, it can also be beneficial to the business. What are the positive outcomes of serving alcohol responsibly in licensed premises? Listen to the comments from three experienced licensees for their views on the benefits of responsible service of alcohol to their business. Lyn Humphreys, Licensee Well every business wants to have return business, every business wants to have patrons who feel comfortable in the venue and can enjoy themselves in a safe environment. So to have people there that are intoxicated to the extent that it becomes a problem for other patrons in the venue or for staff and it becomes untenable, then that is certainly a detriment to my business, it’s not seen as a positive factor within the business. So to deal with patrons that are becoming intoxicated, the earlier the better, obviously, and it has certainly improved over the years that I’ve been in the industry, which is about 35 years now. I’ve certainly seen a great improvement in the type of patronage that we see in hotels now, women and families are more comfortable coming into the venues, and I think that all of that has been as a result of responsible service of alcohol being introduced into the industry. Anthony Sobb, Licensee It’s an important part of our business. A lot of the ways that you define your business is some of the things that materialise in policies and procedures such as RSA. We have a moral obligation as well as a corporate obligation to the way we dispense alcohol on our (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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premises. Quite often people can misinterpret RSA for lack of or non-profitability, where in fact sometimes it can really help with the bottom line. People feel a lot safer in the environment, and in general you need to understand the trends. People are generally taking far more conscious approach to their wellbeing and their health so therefore they’re decreasing in the amounts of alcohol they’re consuming in general, and I think as a business we need to adjust to the trend, so if that is the trend we need to deal with that. So what we are finding is that possibly people, while they are drinking less, they’re more particular about what they drink. So harm minimisation for us is more than just a set of rules and guidelines; it’s something that we truly believe in; it’s like our contribution to health and wellbeing, to the general community. It doesn’t necessarily mean that we want to discourage people drinking; in fact, we want to encourage more people to come and drink on our premises, but do so in moderation. David Hamley, Licensee We’ve always been responsible—my background is that we’d regard ourselves as very responsible hoteliers, and what’s more we aim up the market; in other words, we’re a foodbased business. Being food based, we’re looking to attract males and females, females are half the market, right throughout Australia; hotels that aim exclusively at the male market are denying themselves half the available market. Girls these days are happy to come to a hotel providing it’s well managed, it looks nice, it serves high quality drinks, high quality food, and the management of the hotel is such that they don’t feel in any way threatened. What’s more, we’d like to aim up the market because that’s a comfortable part of the market for us to operate in and it’s a large market, so that means that our emphasis on good behaviour has been there right from the start. I’ve been in the business about 30 years now and I’ve been able to observe over a long period the advantage of having that approach. What this training does is fit very well with our long-established attitude on a good way to run the business to minimise harm, to attract great customers, and very often customers who do not want to behave well are not comfortable in our hotel. Responsible service of alcohol also provides a number of benefits for key industry stakeholders. Benefits of RSA for key industry stakeholders
Premises
Staff
Establishment will gain a better reputation
Multi-function facilities and entertainment can be promoted—e.g. lunch, dinner, dances or night club
Less damage done to the premises
Crowds will be more easily controlled
Increased profitability
A better return on staff training investment
Staff morale will be higher and staff turnover less
Your life will be easier due to less stress
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Local community & neighbourhood
Patrons
Government agencies
Feel safer in the working environment
Less damage to surrounding community areas
Less noise-related issues after venue closes
Enhanced reputation with local community
A broader client base can be attracted
Greater customer satisfaction
More repeat business
Enhanced positive reputation
Better rapport between staff and patrons
Potential legal problems will be eliminated
Less police interference, therefore lower compliance costs
Lessen alcohol-related driving incidents and accidents
Lessen alcohol-related health issues
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Section 2 - Legislation Topic overview This topic covers the skills and knowledge to sell or serve alcohol according to NSW legislation. Listen to my introduction to find out what you’ll learn. Ben introduces this topic The Liquor Act 2007 is the law that governs the sale and supply of alcohol in NSW. Even if you’ve completed RSA in another state, you’ll need to know how the Act is applied in NSW. In this topic, you’ll learn about the Liquor Act and associated regulations. These laws specify the conditions and requirements for licensed premises to operate in NSW. These regulations apply to management, staff and patrons—and there are penalties for those who don’t comply with the law. Remember it’s not only the licensee who can be fined. You can also be fined if you sell or supply alcohol to a minor or a patron approaching intoxication. Let's take a look at the law so that you can be confident about putting RSA into practice! What you’ll find In this topic you’ll learn about the legal requirements of RSA. Industry professionals will explain the key aspects of RSA legislation and how it applies to your role in industry. 2.1 NSW liquor laws The Liquor Act 2007 (the Act) is the primary legislation for regulating the sale and supply of alcohol in NSW. The Liquor Regulation 2008 supports the Act and provides the statutory framework for a number of requirements, including RSA training. So, what are the key requirements of the Act and what are your legal obligations for RSA in NSW? The Liquor Act sets out three primary objectives. They are: to minimise alcohol abuse; that the sale and supply of alcohol meets the community's expectations; and that the balanced development of the industry is weighed against the need for controls and restrictions. There are controls around who can be licensed, the trading times, who can be served and in what circumstances. As well as rules, for example not serving people who are intoxicated and not serving minors, there is also a set of conditions and licences. Responsible service of alcohol strategies and initiatives reinforce and compliment the rules and conditions. Objects of the Act The objects of this Act are as follows: 1. to regulate and control the sale, supply and consumption of alcohol in a way that is consistent with the expectations, needs and aspirations of the community, 2. to facilitate the balanced development, in the public interest, of the liquor industry, through a flexible and practical regulatory system with minimal formality and technicality, (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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3. to contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries. In order to secure the objects of this Act, each person who exercises functions under this Act (including a licensee) is required to have due regard to the following: 1. the need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour), 2. the need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor, 3. the need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life. The Act controls where, when and how liquor can be sold on licensed premises, and who can serve and consume it. The Act also:
regulates licensing conditions, trading hours, licensed area definitions and disciplinary sanctions
covers the licensee’s obligations in regard to public interest, and harm minimisation requirements
outlines the obligations of the licensee and persons authorised to sell liquor in licensed premises.
Liquor Regulation 2008 The Liquor Regulation 2008 supports the Act by providing additional mandatory conditions, requirements and harm minimisation measures for licensed premises. The Regulation also prescribes requirements for mandatory RSA training, including:
the definition of an approved training course and a recognised RSA Competency Card
that staff members of licensed premises must not sell, supply or serve liquor by retail on the premises unless they hold a recognised RSA Competency Card
penalties for breaches of the RSA training requirements.
For more information on the Liquor Act 2007 and the Liquor Regulation 2008 visit http://www.olgr.nsw.gov.au/legislation_home.asp Penalties Selling and serving alcohol irresponsibly can lead to fines and other penalties for licensees, club secretaries and staff. These fines, along with other penalties for committing an offence, are detailed in the Act and Regulation. 2.2 Harm minimisation
The Act contains extensive harm minimisation provisions to reduce the harm that is caused by alcohol abuse, anti-socia What is harm minimisation and how does it relate to RSA? Jane Fisher, alcohol and drug education professional, talks about the philosophy behind harm (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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minimisation and the context in relation to the service of alcohol. Harm minimisation is a set of policies and strategies that Australian governments have used since the 1980s to reduce the harm that people suffer when they use alcohol but also other drugs. The philosophy looks at drug use on a bit of a continuum whereby one end is they would see harmful drug use and at the other end of the continuum they would see not using at all, and the policies and the strategies that are developed are basically trying to move people along that continuum from using harmfully more towards using safely, and it also accepts that for some people abstinence might be attainable, that people might be able to not drink or not use drugs but for a lot of people, and the Australian society, that they will continue to use at some stage, so it accepts that a big majority of the population will use alcohol or other drugs at some stage in their lives, and they want to stop people from developing health and other related harms from that use. And so in the context of serving alcohol, there’s three main strategies:
there’s reducing supply, which is about controlling the amount of alcohol that is available
reducing demand, and that’s encouraging people not to consume or to consume less or to delay consuming
and another one is reducing harm, and that’s by helping people who do consume to consume in less harmful ways. An example of that is by only selling low alcohol beers at sporting events, providing water at licensed venues, drink-driving laws, which state that people, once they’re above a certain level, then they’ll get ‘you shouldn’t be on the road, you shouldn’t be driving’.
The Director General, Department of Trade and Investment, Regional Infrastructure and Services, the Independent, Liquor and Gaming Authority and the NSW Police Force have the authority to:
ensure that licensees minimise alcohol-related harm by following the principles and practices of RSA
encourage responsible attitudes towards drinking in the community
ensure alcohol sales and drinking does not impact on community life.
Licensees and staff can assist in reducing the harm caused by alcohol by:
following the principles and practices of Responsible Service of Alcohol
ensuring follow up and support in the workplace
maintaining an incident register (mandatory for venues trading after midnight)
having a house policy that reinforces the RSA guidelines
being an active member of their local liquor accord
creating a safe, pleasant environment for your customers
providing and promoting safe transport options.
2.3 Liquor licences There is a general requirement to hold a liquor licence where liquor is to be sold. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Check with your licensee or manager about your venue’s liquor licence and its conditions. Liquor licence applications are determined by the Independent, Liquor and Gaming Authority. The type of licence will depend on the venue and each will carry certain conditions. Liquor licences are issued in the following categories: Liquor licence categories Licence type
Venue type
Hotel (including a general bar licence)
Required for a hotel, bar or tavern
Club
Required for registered clubs selling liquor to members and guests
On-premises
Can be tailored for one or more types of business activities including a restaurant, entertainment venue, motel, function centre and other settings where liquor is consumed on the premises
Packaged liquor
Liquor stores, internet operators selling liquor to the public
Producer/wholesaler
Brewer, distiller, winemaker, wholesaler
Limited
Functions held by non profit organisations, as well as special events and trade fairs
Fact sheets can be found at: www.olgr.nsw.gov.au/liquor_fact_sheets.asp Standard trading hours Under the Act a licensee may trade only within the standard trading hours and must comply with any other conditions imposed by the Authority. If a licensee breaches these conditions, severe penalties can be imposed. In addition, disciplinary action can be taken against the licensee. This can result in suspension or cancellation of the licence, or disqualification from holding any liquor licence. The standard trading period for hotels, registered clubs, on-premises licences (except vessels), wine producers and packaged liquor licences is outlined below. Monday – Saturday 5am-midnight Sunday – 10am-10pm To trade outside these hours the licensee must obtain approval from the Independent, Liquor and Gaming Authority. Under the liquor laws, a six-hour closure period, which is generally from 4 am to 10 am, applies to all new liquor licences and any applications for extended trading. Incident registers
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It is mandatory for all licensees to keep an incident register when they are authorised to sell or supply liquor after midnight. The register is used to record incidents:
that involve violence or anti-social behaviour occurring on the licensed premises or
in the immediate vicinity of the licensed premises and that involve a person who has recently left, or been refused admission to the premises
that result in a person being asked to leave the licensed premises
that result in a patron requiring medical assistance if they occur outside the standard trading hours for the premises.
The incident register must also record details of any action taken in response to any of the above incidents. 2.4 Venue conduct Serious problems can occur when licensed premises operate unlawfully and irresponsibly. These problems can impact on the neighbourhood, patrons and the community. What powers do the authorities have to ensure that licensed venues conduct their business responsibly? The NSW Police Force, the Director General, Department of Trade and Investment, Regional Infrastructure and Services, and local councils have extensive powers to deal with serious alcohol-related problems that have an adverse impact on the community. Problems at licensed venues are linked to:
irresponsible serving practices
poor patron behaviour (which is often a by-product of the irresponsible practices)
lack of proper management and control of the venue.
The Director General, Department of Trade and Investment, Regional Infrastructure and Services can investigate complaints and impose conditions including temporary closure and entry curfews. There are also new rules and additional special licence conditions for venues with a history of violence. Note: The Director General, Department of Trade and Investment, Regional Infrastructure and Services may also impose conditions on a licence where it is considered necessary or appropriate under Section 54 of the Liquor Act 2007. Non-compliance with the Liquor Act is dealt with in several ways. At an administrative level it is simply about telling the venue they did the wrong thing, why and how they could comply and how they should comply. At the next level, licensees and their staff can be subject to a prosecution, and this can be by way of issuing of a penalty notice, which is about 10% of the maximum allowable under the law. Finally, if the matter is considered significantly serious, then a licensee or their staff can be taken to a disciplinary hearing before the Independent, Liquor and Gaming Authority, or a local court. Disturbance complaints Many noise disturbance complaints stem from serious problems relating to the management and operation of the venue, or violent, anti-social or criminal activity involving patrons in the vicinity of the venue. Disturbances and criminal activity involving patrons can often be linked back to their levels of intoxication and the questionable serving practices of the venue in the first instance. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Police, councils, and residents can make a complaint about venue noise or disturbance to the Director General, Department of Trade and Investment, Regional Infrastructure and Services. Where a complaint is established, conditions can be imposed on a venue to ensure the venue operates in the public interest including:
additional security
reduction in trading hours/entertainment
the implementation of additional responsible serving practices.
For more information refer to http://www.olgr.nsw.gov.au/website_complaints.asp Disciplinary complaints The Director General, Department of Trade and Investment, Regional Infrastructure and Services, local councils and the police can lodge a disciplinary complaint with the Authority against a venue operator for any of the following:
breach of licence conditions
licence not exercised in the public interest—e.g. allowing patrons to conduct drinking competitions
intoxicated persons have frequently been on or seen leaving the premises
the licensee/manager has engaged in activities likely to encourage liquor abuse—e.g. irresponsible liquor promotions such as all you can drink offers
acts of violence involving patrons have frequently occurred on or near the premises.
Where a disciplinary complaint is upheld, sanctions can be imposed including the cancellation or suspension of the licence. The Authority also has the option of imposing penalties. For more information refer to http://www.olgr.nsw.gov.au/website_complaints.asp Temporary closure orders The Authority or a magistrate can order the closure of a licensed venue for up to 72 hours where it is considered there is a threat to public health or safety, a risk of serious property damage, a significant threat to the environment or a risk of serious breaches being committed on the premises. Temporary closure provisions are used to address serious alcohol-related incidents such as brawls and violence as well as drug dealing and other criminal activity occurring in a venue. In more extreme cases, closure orders can be made for up to six months. Alcohol restrictions for violent licensed premises Venues with high levels of violent incidents are subject to a graduated system of restrictions based on the number of assaults on their premises. Special licence conditions apply to these venues and may include:
submission of a venue safety plan setting out how they will reduce the risk of alcohol-related violence on premises
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mandatory 2am lockout of patrons
no alcohol served 30 minutes prior to closing
no glass containers to be used after midnight
no shots and drink limit restrictions after midnight
ten minute alcohol time-outs every hour after midnight or active distribution of water and/or food
extra security measures.
Ask your manager if your venue is subject to these special licence conditions. The list of venues subject to additional special licence conditions will generally be amended twice a year, on December 1 and June 1. For full details visit: http://www.olgr.nsw.gov.au/alcohol_restrictions_for_violent_venues.asp Three strikes disciplinary scheme for licensed premises As part of the Government’s plan to tackle alcohol related violence and anti-social behaviour, a 'three strikes' disciplinary scheme for licensed premises was introduced on 1 January 2012. Under the scheme, strikes can be imposed where a licensee or approved manager is convicted of one of a range of the most serious offences under the Liquor Act. A first strike is automatically incurred upon conviction for a single offence and is active for three years from the date of the offence. A second and third strike is discretionary, and can be incurred upon conviction for further offences committed within three years of the first offence. Conditions can be imposed where strikes are incurred. A third strike can result in the imposition of licence conditions, licence suspension for up to 12 months, licence cancellation and a moratorium on a new liquor licence being granted for the same business operators at the venue for up to 12 months, and/or disqualification of a licensee for any period of time. For registered clubs, a third strike can result in imposition of licence conditions, disqualification of a club secretary, dismissal of any or all of the club directors, and/or the appointment of an administrator to manage the club. For full details visit: http://www.olgr.nsw.gov.au/liquor_3_strikes.asp 2.5 Intoxication and the law The NSW liquor laws state that licensees and staff must ensure that patrons do not become intoxicated. An intoxicated person cannot be admitted or allowed to remain in a licensed venue, nor can they be served liquor. So how do you recognise the signs of intoxication and what are your RSA obligations?
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Peter Freeman from OLGR explains what officers are looking for in regard to signs of intoxication. When officers conduct covert operations throughout venues, the intoxicated person that creates the offence, is what a normal person would view to be completely over and above the normal intoxicated state. That is to say that a normal person would look across and see someone staggering, asleep, and falling off his chair—that is the type of person that the officers are looking for when conducting covert operations, in terms of intoxication. It is not what the general public would know as having a good time on licensed premises and consuming a number of alcoholic drinks. So there is some comfort there to the industry that it is not a narrow view, it is a broad view of the level that constitutes the definition of intoxication. Intoxication defined The Act states that a person is intoxicated if:
the person’s speech, balance, coordination or behaviour is noticeably affected, and
it is reasonable, in the circumstances, to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor.
The Director General, Department of Trade and Investment, Regional Infrastructure and Services must issue guidelines to further assist the industry to determine whether a person may be intoxicated. You need to read and understand these guidelines. Fact sheets can be found on http://www.olgr.nsw.gov.au/liquor_fact_sheets.asp Under ‘Guidelines’ click on ‘Intoxication Guidelines’. Intoxication laws Licensees and staff must ensure that patrons do not become intoxicated. If an intoxicated person is found in a venue the licensee is liable for the offence of permitting intoxication on their premises. This offence can apply regardless of whether the intoxicated person is still drinking alcohol on the licensed premises. There is no statutory defence for the offence of serving liquor to an intoxicated person. The onus is on the licensee and staff to remove an intoxicated person immediately. Under the NSW liquor laws, licensees and staff must follow these prescribed steps to avoid enforcement for permitting intoxication:
refuse to serve the intoxicated person any more alcohol
ask the intoxicated person to leave the premises
contact, or attempt to contact, the police for assistance in removing the person
or all other reasonable steps to prevent intoxication.
Licensees must also be able to prove that the intoxicated person did not consume alcohol on their licensed premises. Management, staff, club directors, volunteers and other patrons can be prosecuted if they are found supplying liquor to an intoxicated patron. Fines of up to $11,000 apply but police and compliance officers also have the option of issuing penalty notices of $1100. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Preventing intoxication Licensed venues must serve free drinking water and keep water available at all times. Venues may also adopt the following reasonable steps to prevent intoxication, including:
ensuring compliance with all regulatory requirements
providing training to staff in implementing the venue’s responsible serving house policy (in addition to mandatory RSA training)
not conducting promotions or entertainment likely to encourage liquor abuse
having quality food available whenever liquor is served
actively encouraging the consumption of food and water. Lynn Humphreys, Licensee, outlines some practical steps taken by her venue to prevent intoxication. Practical steps, I guess apart from observation and just being out and about and knowing who’s in the venue, we also have our house policy that means that we do have food available at all times, that we have water available at all times, we have a water cooler as well as if anybody comes to the bar and asks for a glass of water it’s free, of course, as is required. We also have a water cooler in the venue that people can access at any time so that even if the bar is very busy people don’t have to wait in line to get a water, they can just go straight over the water cooler and access that. We obviously have a range of different drink styles available so non-alcoholic drinks, low alcoholic drinks, mid-strength drinks are available. At certain times of the week, certain times of the day or the evening, we have drink restrictions that we put into practice, so on a Friday night, for instance, where we have a capacity crowd, it’s difficult for the staff to actually see past the first three rows of people at the bar that are wanting drinks, so they’re not in a position to be able to see who those drinks are going back to if there is a shout of drinks, so we have a policy that we don’t serve shots or we don’t serve doubles and we don’t serve jugs after a certain time.
Free drinking water All licensed venues are subject to a condition that drinking water must be available at all times free of charge where liquor is served or near the point of sale. Water can help to slow down alcohol consumption (thereby avoiding intoxication), and is important in preventing dehydration—especially in dance and nightclub style venues. Penalties can range from an official reprimand, suspension or cancellation of a licence and/or a maximum court penalty of $22,000. It is up to venues to decide how free drinking water is provided. For example, venues may choose to provide water by the glass or from a jug at bar service areas. Alternatively, some venues may choose to have a drinking water dispenser nearby their bar area for patrons to serve themselves. In the case of restaurants, it is customary to have packaged water available for sale—such as imported bottled water—and this is permitted so long as free drinking water is also available at all times. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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2.6 Excluding patrons Licensees and staff must ask an intoxicated person to leave the licensed premises immediately or refused entry into the premises. But did you know that patrons are committing an offence if they try to return to a venue? Read more about the rules for excluding patrons. Failure to leave Under the Act the licensee, their staff or security can refuse to admit or ask any person to leave the venue:
who is intoxicated, violent, quarrelsome or disorderly
whose presence on the licensed premises renders the licensee liable to a penalty under the Act
who smokes within a smoke free area as defined by the Smoke-free Environment Act 2000
who uses or possesses a prohibited drug while on the premises.
There are exemptions for people remaining in the vicinity (defined to include a radius of 50 metres from the boundary of the licensed premises) for a lawful purpose—e.g. waiting for transport or where they live near the venue. If a person is refused entry or ejected from licensed premises because they are intoxicated, violent, quarrelsome or disorderly, they are committing an offence if they:
attempt to re-enter the premises within 24 hours
remain in the vicinity of the premises without a reasonable excuse such as waiting for transport, fearing for one’s safety or the person resides in the vicinity
re-enter the vicinity of the premises within 6 hours without a reasonable excuse as above.
A maximum court fine of $5500 applies for each offence. Police and compliance officers also have the option of issuing $550 penalty notices. If police are continually called to the same premises to assist in removing drunken patrons or enforcing the fail to leave offence, a disciplinary complaint can be taken on the ground that intoxicated persons have frequently been on the premises or have been seen frequently leaving the premises. In these instances, police could obtain evidence to determine whether the patron was intoxicated while liquor was still being served to that person, and what steps, if any, were taken at the time by staff to remove the patron. This enables police to consider the merits of taking disciplinary action against the venue (or its staff) for intoxication offences, or action against the patron for the failing to leave. Banning orders Where a person has been excluded from licensed premises for being drunk, violent or disorderly an application can be made by a licensee, who is a member of the local liquor accord, to the Authority for the person to be banned for up to six months. In imposing a ban on a patron, the Authority must be satisfied that the person has been repeatedly drunk, violent, quarrelsome or disorderly on or in the immediate vicinity of the premises.
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A person banned by the Authority commits an offence if they attempt to enter, or remain in, the licensed premises to which the order relates. Voluntary exclusions The law provides for people with a drinking problem to exclude themselves from licensed premises. Licensees are obliged to comply with a request for self-exclusion from a venue. The person enters an agreement with the licensee by completing an Authority approved form. Once the agreement is entered into, the licensee, or a responsible member of staff, has the authority to prevent the patron from entering the licensed venue, and also remove the patron from the venue. However the onus is on the participant to comply with the terms of the agreement. In the case of venues that are part of a liquor accord, this exclusion can extend to other venues that are part of that accord if they are specified in the agreement. 2.7 Minors It is an offence to sell or serve alcohol to a person who is under 18 years of age (a minor). Let’s find out how the liquor laws relate to minors in licensed premises. David Hamley, Licensee, talks about managing minors within his hotel. For a start, we have signage around the place, as prescribed, and again we’re a food-based business so we have a large part of the hotel devoted to an area where minors are allowed to enter. The restricted area is about one-third of the hotel and that leaves two-thirds for the other. A portion of that is for gaming which is also restricted. So we have the defined areas, we have signage in those areas, and then we rely heavily on supervision of our staff and our managers to patrol those areas and to be observant. The hotel is set up in such a way that we have good visibility of all areas from the bar, and we also probably carry a heavier staff list, that is more people employed at any one time, than a lot of hotels do, which gives us the opportunity to supervise. So we can supervise the age of the people, the behaviour of the people, their level of intoxication, and any behaviour which we think is not suitable or trending in that direction, so it’s pretty much a hands-on thing. As well as that, we have cameras but they’re really there to record and to check back or to support our action if need be. Really it’s a matter of on-floor supervision. That’s how we do it. Entry into licensed premises As David explained, there are certain areas within a hotel where minors are restricted from entering, such as bars and gaming areas. It is a requirement for all venues to check evidence of age documentation to ensure that patrons being served or supplied alcohol are over 18 years of age. Evidence of age Acceptable evidence-of-age documents in NSW include:
a current NSW, interstate or overseas driver or motor cycle driver licence
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a current Australian or another country’s passport
a current NSW Photo Card
Proof of Age card issued interstate.
Hotels Minors are not permitted to enter or remain in a hotel bar area. A bar area is defined as any area of a hotel or club where liquor is served, except those areas where persons under 18 are allowed by law to enter, such as a dining area or authorised minors area in a hotel. They are allowed in the dining room where the consumption of meals at tables is available, and in the accommodation area of the hotel. The hotel may also have an area approved for use by minors with a responsible adult such as a bistro or lounge area. Responsible adult A responsible adult is defined as a person who is over the age of 18 years and is:
a parent, step-parent or guardian of the minor
the minor’s spouse or de facto partner
for the time being, standing in as the parent of the minor.
A person standing in as the parent could include a relative such as a grandparent, aunt/uncle, or a person in charge of an organised sporting or school group. Registered clubs Minors are prohibited from entering or remaining in the bar and gaming machine areas of a registered club. A ‘walk through’ provision exists, which allows minors to enter a bar area in a hotel or club, or a gaming machine area of a club, when:
the minor is with a responsible adult and does not stop while in the bar/gaming machine area—e.g. a minor may pass through a bar/gaming machine area to use the bathroom facilities if they are with a responsible adult
the minor is an apprentice and was in the restricted area for the purpose of receiving training
the minor is performing in a show or as part of a performance in the bar area
the minor is attending an authorised minors function in the venue.
A defence is available to the licensee if a minor (who is over 14 years of age) produces documentary evidence (driver licence, Photo Card, etc) that could reasonably indicate that the minor was over 18. Minors are also allowed to enter dining and non-restricted areas of a club, such as a bistro or dining room. Supply of liquor to a minor
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It is an offence to sell, serve or supply alcohol to a person who is under 18 years of age. The licensee, staff, and other patrons, including minors (where liquor is supplied to other minors) can all be liable for the offence of supplying liquor. Penalties of up to $11,000 and/or 12 months imprisonment (or $1,100 penalty notices) apply to adults convicted of underage liquor supply offences. Minors are also liable for the offences of purchasing and drinking liquor in a licensed venue. These offences are liable to maximum court penalties of $2,200 (or $220 penalty notices). On licensed premises, a statutory defence is available for the offence of supplying liquor to a minor. The statutory defence applies where the minor was over 14 and produced evidence of age (that could be reasonably accepted) that indicated they were over 18. The law also imposes sanctions on minors attempting to purchase liquor from licensed premises and to drink alcohol on licensed premises. Penalties of up to $2,200 apply. Secondary sales Secondary sales occur when a person purchases liquor on behalf of a minor. The person supplying the liquor to the minor (either on licensed premises or elsewhere) is committing an offence which can attract fines of up to $11,000 and/or 12 months imprisonment (or a $1100 penalty notice). Remote sales The remote liquor sales provisions apply to liquor sold to the public via the internet, telephone, facsimile and mail orders. The provisions recognise that remote liquor sales, particularly via the Internet, are a potential source of supply for minors and that extra controls are needed. For remote liquor sales the law requires the display of:
the liquor licence number in any published or electronic advertising; and
the liquor licence number and the statutory notice (stating the offence of supplying liquor to a minor) on the website where liquor is being sold.
When taking a telephone, facsimile or mail order, the licensee must ensure that the prospective buyer provides a date of birth to confirm that the client is an adult (unless the details have been provided when placing a previous order). The licensee must then give written instructions to the person delivering the order, such as a courier, requiring the liquor to be delivered:
to the adult who placed the order (include their name in the instructions)
to another adult at the delivery address accepting the delivery on behalf of the adult who placed the order
on the day after the sale was made through an internet site, in accordance with the customer’s instructions (such as delivery to another address).
Maximum penalties of $2,200 apply if a licensee commits any of these offences. A maximum penalty of $3,300 applies to a person who requests a minor to take delivery of a remote sale. A maximum penalty of $2,200 applies if a minor takes delivery of a remote sale. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Liquor sales by minors In most cases, the law prohibits minors from serving liquor on licensed venues. A minor cannot take an order for, or deliver, alcohol to patrons. The law does not stop minors from doing other things within the premises, such as stocking shelves in a bottle shop or serving meals in a restaurant or taking food orders. In special circumstances, and subject to stringent supervisory conditions, the Independent, Liquor and Gaming Authority may grant approval for a minor to serve liquor in a venue or in a dining room or other non-restricted area of a registered club (eg approval may be given for a 17-year-old to work with their parent in a minors area of a hotel at certain times). Maximum penalties of $5,500 apply to a licensee if a minor serves liquor without approval. 2.8 Signage The NSW liquor laws require licensees to display signs in their premises. These mandatory signs provide responsible serving and drinking information for patrons and staff. What liquor signs are required for your venue? Hotels and registered clubs usually require two or three types of liquor signage. For packaged liquor and for on-premises licences (e.g. restaurants) one or two types of liquor signs are required. Signs must be purchased from the NSW Office of Liquor, Gaming and Racing. They cannot be reproduced or customised by venues. View the mandatory signs for licensed Signs for licensed premises View the manditory signs for licensed premises. Select each sign from the left menu. Sign 1 - Minors not to be served liquor - all licensed premises This sign must be obtained from the Office of Liquor, Gaming and Racing and be displayed wherever liquor is sold on licensed premises i.e. at each bar and counter. Where there is no bar or counter e.g. a small restaurant, the sign must be prominently displayed at or near every entrance. Maximum penalty for not displaying above sign: 20 penalty units for the licensee.
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Sign 2 - Bar Areas - hotels and clubs This sign must be obtained from the Office of Liquor, Gaming and Racing and be displayed in each bar area of a hotel or club. A bar area is defined as any area of a hotel or club where liquor is served, except those areas where minors are lawfully permitted to enter e.g. a bistro/dining area. This sign must be prominently displayed at the entrance to each bar area so that someone entering the premises could reasonably be expected to see it. Maximum penalty for not displaying above sign: 20 penalty units for the licensee.
Sign 3 - Minors Area Authorisation - hotels and licensed public entertainment venues Liquor Regulation 2008, clause 34 This sign must be obtained from the Office of Liquor, Gaming and Racing and be displayed in areas of the hotel that have been approved by the Casino, Liquor and Gaming Control Authority where minors are permitted with a responsible adult. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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This includes those areas of a hotel previously approved by the Liquor Administration Board for the same purpose and known as an authorised area e.g. hotel bistro, lounge area or beer garden. In the case of licensed public entertainment venues, this sign must be displayed in any area where entertainment is provided. This sign must be prominently displayed at the entrance to each minors area so that someone entering the premises could reasonably be expected to see it. Maximum penalty for not displaying above sign: 20 penalty units for the licensee.
Sign 4 - Breath testing sign - all premises Liquor Regulation 2008, clause 35 This sign, which partly indemnifies a licensee from civil action, must be clearly displayed next to a breath analysis machine.
Mandatory Sign for Registered Clubs Registered Club Act 1976 and Registered Club Regulations 1996 (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Guest register There are two signs which must be displayed near the Guest Register at all entrances to registered clubs. The other mandatory sign is related to gaming machine legislation and is covered in the responsible conduct of gambling course.
Signs for internet sales Where liquor is sold via the internet the following sign must be displayed:
This sign must be visible at all times while the patron is accessing the internet site. The wording of the sign must be large enough so that a person accessing the internet site is alerted to both the sign and its contents. The licensee must also display their liquor licence number prominently on the website and in any relevant advertisement published in print or electronically. Name of premises All licensed venues must display a sign at the main entrance stating:
the name of the premises
the name of the licensee
the type of licence held for that premises
in the case of an on-premises licence, the business or activity carried out on the premises or the kind of licensed premises to which the licence relates (as specified by the Independent, Liquor and Gaming Authority—e.g. On-premises – Restaurant).
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Penalties apply to licensees who do not display the correct signs. Signage Staff are not the only people who can be fined. Patrons who are refused entry or refused entry and they do not comply can be fined. No excuse! Posters in English, Chinese, Thai and Korean as well as a postcard (English only) communicate the circumstances under which patrons can be refused entry or be asked to leave, and the cost if they do not comply. Click on the image below to see a larger version.
Stop! Is is worth $550? The NSW Police, AHA (NSW) and ClubsNSW have developed the STOP! Is it worth $550? campaign targeting patrons who fail to quit. Click on the image below to see a larger version.
Fact sheets can be found at: http://www.olgr.nsw.gov.au/liquor_fact_sheets.asp Click on ‘What signs do I need?’ (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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2.9 Liquor promotions All promotional activities for liquor products must comply with the liquor laws and cannot be seen to encourage excess drinking or appeal to minors. What do you need to know about promoting alcohol? The following video role play demonstrates a young member of staff coming up with what they thought was a good idea, without understanding the requirements of NSW liquor laws. Activity Title: Liquor promotions Video 1: Footy cap Captions: Bar attendant: John, I've noticed afternoons are pretty quiet around here. I think I've come up with a good way to get more customers in. Manager: What's your idea? Bar attendant: Well we could put up a big sign at the bar that says 'Buy five drinks between 6pm and 7pm and get a free football cap.' That would sure make them drink. Manager: Thanks for your input Sarah, but that'd be illegal. Bar attendant: Oh, OK I hadn't realised. Manager: Yeah, with our promotions we've got to be responsible and not try to encourage our customers to buy heaps of drink in a short time for a prize. Bar attendant: Well what could we do? Manager: I like your idea, but. What about this? We put up a sign 'Buy drinks between 6 and 7pm and get a footy cap voucher. One voucher per night, per person. Collect ten footy cap vouchers and you get a free footy cap.' Bar attendant: Cool, sounds good. Manager: Hey, your idea, thanks! Notes: This role play demonstrates a young member of staff coming up with what they thought was a good idea, without understanding the requirements of The Liquor Act.
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Under the liquor laws, the Director General, Department of Trade and Investment, Regional Infrastructure and Services may issue a written order to a licensee prohibiting them from carrying on, or being involved in, a particular liquor promotion. An order may be issued if:
the promotion is likely to have a special appeal to minors
the use of designs, motifs or characters in the promotion are likely to be, attractive to minors
it is indecent or offensive
involves the supply of liquor in non-standard measures or the use of emotive marketing that encourages irresponsible drinking likely to cause intoxication
involves the supply of free alcohol, or extreme discounts, or discounts that are only available for a short period of time and create an incentive for patrons to drink rapidly
the promotion is not in the public interest.
Maximum penalties of $5,500 apply for not complying with an order. The Director General, Department of Trade and Investment, Regional Infrastructure and Services has issued guidelines to indicate the types of liquor promotions and activities that are likely to result in an order being issued against a licensee. Fact sheets can be found at: www.olgr.nsw.gov.au/liquor_fact_sheets.asp Sale of undesirable liquor products Under the New South Wales liquor laws, the sale of undesirable liquor products can be banned if they are considered to appeal to children. This can either be by the way they are marketed or packaged, or where it is likely they could be confused with a soft drink or confectionery. Liquor products may be declared undesirable if:
the designs, motifs or characters on the packaging of the liquor products concerned are, or are likely to be, attractive to minors, or
the products are likely, for any reason, to be confused with soft drinks or confectionery, or
the products, for any reason, have or are likely to have, a special appeal to minors
Penalties of up to $5500 apply where an undesirable liquor product is sold in a licensed venue. Undesirable liquor products banned in NSW under these provisions have either had strong novelty value or appeal to children. Products have also been banned where they are considered likely to be confused with traditional flavoured milk drinks and ice blocks popular among children. For more information on undesirable liquor products refer to http://www.olgr.nsw.gov.au/liquor_info_undesirable.asp
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Section 3 - Impact of Alcohol In this topic you’ll hear about the risks to your patrons, including long-term health problems, associated with alcohol consumption. Listen to my introduction to find out what you’ll learn. You may have heard some bad reports about alcohol and health—so what are the facts? The experts will tell you how alcohol can impact on your health and how the consumption of alcohol can affect a person’s mood and behaviour. You’ll also learn about a range of liquor products and their alcoholic content. This will help you practise responsible service by giving customers accurate information and encouraging them to drink within appropriate limits. What you’ll find In this topic you will learn how alcohol impacts on personal and community health. A health professional will outline issues related to the sale and service of alcohol for different types of customers, especially those at risk. You will also see how to provide accurate information to customers on alcoholic beverages. 3.1 Community health and alcohol What effect does alcohol have on you when you drink and how does it affect the community. Let’s find out how alcohol can impact on both personal and community health. People drink alcohol for a variety of reasons, including the experience of relaxation, wellbeing and loss of inhibitions. The social and psychological benefits of alcohol may also include enhanced creativity and a therapeutic value in times of stress. It can provide relief from self-consciousness and help boost confidence in social situations. In some countries there is a belief that alcohol in moderation, particularly wine when consumed with food, will aid digestion and lower the risk of heart disease. The immediate effect of alcohol Alcohol dampens the brain’s arousal, motor and sensory centres, dampening reactions to stimuli and affecting coordination, speech, cognition and the senses. The first potentially adverse effect of alcohol consumption is loss of fine motor skills and inhibitions. A blood alcohol concentration (BAC) of about 0.05 g/100 ml (or 0.05%), which is the legal limit for driving in Australia, was based on controlled studies testing driving skills (Transport and Road Research Laboratory 1987). Above this BAC performance, behaviour and physical health deteriorate progressively (see Section 3.3 for further discussion of BACs). If the BAC reaches a high enough level it leads to unconsciousness and, eventually, inhibition of normal breathing. This may be fatal, particularly as the person may vomit and can inhale vomit and suffocate. Alcohol also affects the pituitary gland at the base of the brain, suppressing the production of a hormone that keeps the body’s fluid reserves in balance. The kidneys fail to reabsorb an adequate amount of water, and the body excretes more water than it takes in, leaving the person dehydrated and with a headache. As alcohol intake increases, both skills and inhibitions decrease and therefore risky behaviour, injuries and trauma increase. Also, without the cognitive or verbal capacity to resolve conflicts, physical violence becomes more likely. The immediate effects of alcohol on the brain are often less apparent in people who drink regularly, as they acquire a degree of tolerance. Tolerance occurs because the liver becomes more efficient at breaking down (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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alcohol. The person learns to cope with, and compensate for, the deficits induced by alcohol. Despite this tolerance, the long-term effects remain damaging, particularly as the drinkers who have greater tolerance for alcohol are those who subject themselves to higher blood alcohol levels more frequently. There are no safe levels of alcohol consumption because of the different ways alcohol can affect people. Women are generally affected by alcohol more than men because of the differences in the way their bodies process alcohol. Basically the more alcohol you consume the higher the risk of harm. People choosing to consume alcohol must be aware that there is always a potential of harm both short and long term to their health and social wellbeing. Alcohol, health and the community The consumption of alcohol can have profound effects on personal health as well as community health. Most people drink in moderation. However there is a substantial proportion of people who drink at levels that increase the risk of harm both to themselves and to others. Alcohol can become addictive and research shows that alcohol is second only to tobacco as a preventable cause of death and hospitalisation in Australia. Alcohol can also have social consequences such as contributing to violence, crime and antisocial behaviour in the community. Regular excessive alcohol consumption increases the risk over time of chronic ill health and premature death. Episodic heavy drinking places the drinker and others at risk of injury or death. Heavy drinking is also associated with injury, unwanted sexual relations and violence. Alcohol is a factor in approximately one in six fatal road crashes. Each year in Australia, approximately 3,100 people die as a result of excessive alcohol consumption and around 72,000 people are hospitalised (Ministerial Council on Drug Strategy, 2006). By increasing a person’s confidence and reducing their inhibitions, alcohol makes people take risks they would not normally take. At the same time, heavy drinking reduces a person’s ability to think clearly and act in an appropriate way. Binge-drinking is an ever increasing trend in Australia. This can be very dangerous as it makes the harms from alcohol worse. Also, because drinking excessively can stop you thinking clearly and acting sensibly, you may put yourself in danger. Not only is binge drinking a health problem, but it can also cause problems for the licensed venue. These problems can seriously affect the image of the establishment, bringing it to the attention of police, councils, community groups and other customers, who are all able to make complaints or just not return 3.2 Impact of alcohol. There are short- and long-term impacts on both the consumer and the community from alcohol consumption. So what are these impacts? Short-term impacts of alcohol refer to the risk of harm that is associated with levels of drinking on a single day. These risks include accidents, injury and community violence. Long-term impacts refer to the risk of harm due to regular daily patterns of drinking and the total amount of alcohol consumed per week. This is a serious contributor to ill health and can be compounded by the negative effects of smoking, poor diet and other drugs. Jane Fisher, alcohol and drug education professional, gives an overview of the short-term (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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impact of alcohol use. One of the major short-term impacts of drinking, is the danger of physical harms that people often encounter, so that can be through violence, through fighting, it can be through harms through being in a car accident or a boating accident, it can be harms through an increase in likelihood of sexual assault, it can be harms through unexpected falls, walking into doors, that sort of thing, because people’s co-ordination and judgement’s impaired. Often their behaviour changes, they have less inhibitions and so—and then some of the other short-term harms can be that people might end up making decisions that they might not have made when they were sober. So they might have sex with someone that they, under other circumstances they might not have agreed to, and so they might be opening themselves up to harms of contracting a sexually transmitted disease or an unwanted pregnancy. Jane discusses the long-term impact of alcohol use. Some of the major long-term impacts of alcohol are the effects that it has on the body, so someone who drinks at harmful levels for a certain time or over time can be at greater risk of developing alcohol-related brain damage, but also the effect on their liver. Alcohol, actually, over time can affect most organs of the body, and the more research we do the more we find that alcohol is implicated in various cancers, so the more research we’re doing the more that we are actually finding that it impacts on our long-term health. Today the National Health and Medical Research Council advise that the more you drink the more harm you’re doing to yourself basically, that the less you drink the less harms that you will experience. Apart from all of the physical problems that you can get from using alcohol, there’s also the psychological problems that can go with long-term alcohol use. A lot of people with depression or anxiety or with a mental health illness or issue may use alcohol to self-medicate, to relieve their symptoms but conversely the more you use alcohol it can actually worsen or make someone depressed. So it can also affect people’s psychological health, but it also can affect their health by the fact that it can strain their relationships, it can interfere with their work performance, it can add financial burdens, it makes them much more at risk of accidents and things like that. One of the things that we need to be aware of is that some people are a lot more susceptible to alcohol harms than others.
The impacts of alcohol Short-term health consequences of excessive drinking on a single day:
The risk-taking behaviour as a result of lost inhibitions can cause accidents, falls, reduced coordination, altered thinking and speech and at times unconsciousness. Alcohol is a contributor in a number of accidental deaths, including road death and drowning.
Increased levels of alcohol can result in aggravated sleep, stress and sexual functions. The consumption of moderate amounts of alcohol is seen as a method to minimise stress and induce sleep. However, it does not address the real cause of the stress and leads to increased wakefulness and disturbed sleep patterns.
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One or two standard drinks can affect heart rate, blood pressure and heart muscle contraction. This reaction may not be clinically important but the overall effect on blood flow may have negative implications on persons with cardiovascular disease.
Alcohol consumption over a long period of time increases the risk of developing health disorders. Long-term health impacts include:
a range of diseases affecting the heart disease and blood, and including stroke and hypertension
cirrhosis of the liver
cancer, especially of the mouth, throat and oesophagus
cognitive problems and dementia
problems with the nerves of the arms and legs
gut and pancreas disease
harm to unborn baby
sexual problems, especially male impotence
alcohol dependence
alcohol-related brain injury
problems with memory and reasoning.
3.3 Susceptibility to alcohol People are affected by alcohol in different ways. Is it just the amount of alcohol consumed or do other factors influence how a person’s health and behaviour are affected by alcohol?
Jane Fisher, alcohol and drug education professional, explains some of the factors that affect a person’s susceptibility to alcohol. Some of the factors that make people more susceptible to the effects of alcohol is whether they’re a woman or a man, because women have higher fat and less muscle than men and so that means that it takes them longer to process the alcohol. Same with young people. Young people, their liver’s still immature; they can’t process the toxins from alcohol as efficiently as an adult. People of smaller stature, the toxins from alcohol will be more concentrated in their blood and their bloodstream. People who are not used to drinking are probably going to feel the effects of alcohol a lot more quickly than people who drink regularly. Someone who hasn’t eaten and has an empty stomach, they are going to feel the effects of alcohol quite quickly. Someone just with poor general health—if your body’s already trying to fight something then your liver may not be able to process the toxins from alcohol as quickly as someone who’s healthy and they’re not fighting off some sort of low-grade infection or (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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whatever else is going on. Someone with a mental health disorder—drinking may make that disorder worse, and again it could lead to someone who was very depressed, who was drinking a lot, it could make their depression worse. And the other thing is your ethnicity can sometimes affect how you react to alcohol. For example, Asians seem to get to a stage of feeling nauseated a lot more quickly than what someone from European descent might. So your ethnicity can be a factor in alcohol but it’s only a rule of thumb—it’s not absolutely true for everyone, it’s sort of more an individual thing. Factors that influence the effect of alcohol include the following: Gender Women tend to have a smaller body size and a higher proportion of body fat than men. For women, a given amount of alcohol is distributed over a smaller body volume with less absorption as alcohol is not taken up by fatty tissues. In addition, the ability to break down alcohol is limited by the size of the liver, and women on average have smaller livers than men. However, the higher level of risktaking behaviour among men means that, over a lifetime, male risks exceed female risks for a given pattern of drinking Age In general, the younger and smaller a person is (e.g. children) the less tolerant they are to alcohol. Younger people also have less experience of drinking and its effects. In addition, puberty is often accompanied with risk-taking behaviours (such as an increased risk of drinking, sometimes in association with other dangerous physical activities or risky sexual behaviour). Finally, as people age, their tolerance for alcohol decreases and the risk of falls, driving accidents and adverse interactions with medications increases. Mental health and sleeping patterns People who have, or are prone to, mental illness such as anxiety, depression and schizophrenia may have worse symptoms after drinking. Alcohol can also disrupt the later part of the sleep cycle, which may trigger a variety of mental health problems in people who are already prone to these conditions. Medication and drug use Alcohol can interact with a wide range of prescription and non prescription medications, herbal preparations and illicit drugs. This can alter the effect of the alcohol or the medication and has the potential to cause serious harm both to the drinker and to others. People who already have health conditions caused or exacerbated by alcohol, such as alcohol dependence cirrhosis of the liver, alcoholic hepatitis or pancreatitis are at risk of the condition becoming worse if they drink alcohol. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Family history of alcohol dependence People who have a family history of alcohol abuse and dependence (particularly among first-degree relatives) have an increased risk of developing dependence themselves. 3.4 Alcohol and other drugs Did you know that combining alcohol and other drugs can add further complications to a person’s health and wellbeing? Jane Fisher, alcohol and drug education professional, explains the adverse effects of combining alcohol and drugs. If someone has some other drugs in their system, whether it’s from medication or whether they’ve been smoking cannabis or taken speed or something like that, then that is going to make them more susceptible to the effects of alcohol. So if someone had taken another depressant drug like cannabis or they were on an anti-depressant or they were on a benzodiazepine like Serepax or Valium, then the alcohol would affect them much more than someone who wasn’t taking that medication. If someone had been using speed, for example, and then they came and drank alcohol, what may happen is that the speed may mask the effects of the alcohol, the person may feel that they’re not intoxicated, so they’re at much greater danger of having an alcohol-related harm of injuring themselves. They may be also over-confident and think that they’re fine to drive, and in fact, they’re quite drunk, or they’re quite over the limit and they shouldn’t be driving so that’s another danger. There’s also a greater danger of overdose—mixing drugs with alcohol increases your chance of risk and of harms from drinking. Alcohol belongs to the depressant category of drugs because it affects the central nervous system and causes it to function in a different way. Combining alcohol with any other drug can be dangerous or cause discomfort. The negative effects of one drug may be greatly increased by the other; it can also reduce the effectiveness of medications such as antibiotics. Mixing alcohol with drugs which depress the body’s systems, such as sleeping pills, tranquillisers and marijuana, can increase loss of judgement and coordination and even cause breathing failure. Certain drugs such as stimulants may mask the effect of the alcohol and cause a person to feel that they’re not intoxicated. This can place that person at risk of an alcohol-drug related injury as they may feel overconfident and think that they are fine even though they are in fact quite intoxicated. There’s also a greater danger of overdose when mixing any drugs with alcohol. For further information you can visit: National Alcohol Strategy, Australian Alcohol Guidelines: www.alcoholguidelines.gov.au NSW Health: www.alcoholinfo.nsw.gov.au National Health and Medical Research Council: www.nhmrc.gov.au 3.5 Reducing health risks (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Most Australians drink alcohol for enjoyment, relaxation and sociability, at levels that cause few adverse effects. However there are some who drink at levels that increase their risk of alcohol-related harm. Alcohol can cause significant ill health and hardship for some people. What steps are being taken to reduce the health risks that arise from drinking alcohol? The 2009 National Health and Medical Research Council (NHMRC) guidelines have been developed to allow individuals to make informed decisions regarding the amount of alcohol that they choose to drink. They go beyond looking at the immediate risk of injury and the cumulative risk of chronic disease, to estimating the overall risk of alcohol-related harm over a lifetime. The guidelines relate to: 1. reducing the risk of alcohol-related harm over a lifetime 2. reducing the risk of injury on a single occasion of drinking 3. children and young people under 18 years of age 4. pregnancy and breast feeding. Guidelines to reduce health risks from drinking alcohol Summary of guidelines for low-risk drinking Reducing the risk of alcohol-related harm over a lifetime
Guideline 1
The lifetime risk of harm from drinking alcohol increases with the amount consumed. For healthy men and women, drinking no more than two standard drinks on any day reduces the lifetime risk of harm from alcohol-related disease or injury. Reducing the risk of injury on a single occasion of drinking
Guideline 2
On a single occasion of drinking, the risk of alcohol-related injury increases with the amount consumed. For healthy men and women, drinking no more than four standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that occasion. Children and young people under 18 years of age For children and young people under 18 years of age, not drinking alcohol is the safest option.
Guideline 3
Parents and carers should be advised that children under 15 years of age are at the greatest risk of harm from drinking and that for this age group, not drinking alcohol is especially important.
For young people aged 15−17 years, the safest option is to delay the initiation of drinking for as long as possible.
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Pregnancy and breastfeeding Maternal alcohol consumption can harm the developing foetus or breastfeeding baby. Guideline 4
For women who are pregnant or planning a pregnancy, not drinking is the safest option.
For women who are breastfeeding, not drinking is the safest option.
There are also a number of additional factors that influence the risk of alcohol-related harm. These factors should be considered when making an informed decision regarding the amount of alcohol that an individual chooses to drink. They include:
specific situations where alcohol has the potential to endanger life; for example, when drinking is combined with activities such as driving, operating machinery or supervising children
groups that can be at increased risk if they drink alcohol; for example, young adults (18–25 years), older people (60+ years), people with a family history of alcohol dependence, and people who use drugs illicitly
people who may need to seek professional advice about drinking; for example, people taking medication, people with alcohol-related or other physical conditions, and people with mental health conditions.
If you wish to read the full document it can be viewed at: http://www.nhmrc.gov.au/your_health/healthy/alcohol/index.htm 3.6 Alcohol content in standard drinks In your role of providing responsible service, you must provide accurate information on alcoholic beverages to customers. Let’s look at the different liquors available for sale and their alcoholic content Types of drinks and their alcoholic content When offering advice to customers on the range of liquor products available, you need to be aware of the five basic types of alcoholic drinks and their alcoholic contents. Beer Alcoholic content between about 2% and 6% alcohol by volume. Table wine Approximately 10%-12% alcohol by volume. Fortified wineAbout 20% alcohol by volume. Spirits Average strength of 40% alcohol by volume. Liqueurs Alcoholic content varies greatly from 17% to 58% alcohol by volume. Note: Ciders (0%–7% alcohol by volume) and Ready to Drink (RTDs) pre-mixers/alcoholic sodas (4%–7% alcohol by volume) such as alcopops and wine coolers are examples of products gaining popularity among younger consumers. 3.7 Standard drinks (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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When offering advice to customers you must be aware of the alcoholic content of the basic types of drinks. All cans, bottles and casks containing alcoholic beverages are required by law to be labelled with the approximate number of ‘standard drinks’ they contain. So what is a standard drink? In Australia, the term ‘standard drink’ means a drink which contains 10 grams (about 12.5 ml) of alcohol. One standard drink always contains the same amount of alcohol regardless of the size of the container or the type of drink (ie beer, wine, or spirit). The term ‘standard drink’ should not be confused with a serving of alcohol, which is often much larger—e.g. a standard drink of table wine corresponds to 100 ml of wine, whereas a typical serve is at least 130 ml. Know your standard drink To keep track of how much alcohol has been consumed, drinkers should count standard drinks rather than counting glasses or containers. Counting glasses, bottles, or cans is not a reliable measure as they contain varying amounts of alcohol. You can imagine how difficult it is to estimate alcohol consumption when large containers such as jugs and casks are shared, glasses are topped up by others, the composition of mixed drinks (e.g. cocktails or punch) is not known, and pre-mixed spirit drinks contain a variable amount of alcohol per bottle or can. In fact, even the size of drinking glasses can vary across venues. You must also consider that the same alcoholic style of drink can vary in its ‘strength’ and this impacts on the number of standard drinks—e.g. a 375 ml can of beer is sold as:
Full strength (4.8% alcohol) = 1.4 standard drinks
Mid strength (3.5% alcohol) = 1 standard drink
Low strength (2.7% alcohol) = 0.8 standard drink.
Anyone serving alcohol may be asked by a customer to identify how many standard drinks are in a range of products. View the numbers of standard drinks in common containers of various alcoholic beverages in the following slide show. Standard drinks in common containers View the numbers of standard drinks in common containers of various alcoholic beverages. Light beer (2.7% alcohol) 375ml can or stubbie = 0.8 standard drink Medium light beer (3.5% alcohol) 375ml can or stubbie= 1 standard drink Medium light beer (3.5% alcohol) 285ml glass - middy = 0.8 standard drink Regular beer (4.9% alcohol) 375ml can or stubbie = 1.4 standard drinks Regular beer (4.9% alcohol) 425ml glass - schooner = 1.6 standard drinks Regular beer (4.9% alcohol) 1 jug = 4 standard drinks Wine (9.5%-13% alcohol) 750ml bottle = about 7 to 8 standard drinks (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Wine (9.5%-13% alcohol) 100ml glass = 1 standard drink Spirits and Liqueurs (40% alcohol) 1 bottle = 22 standard drinks Spirits (40% alcohol) 30ml nip = 1 standard drink Pre-mixed spirits (around 5% alcohol) 375ml can or bottle = 1.5 to 2.5 standard drinks (depending on strength) Alcoholic cider 375ml bottle (5% alcohol) = 1.2 standard drinks (depending on strength)
EQUIPMENT USED TO MEASURE ALCOHOL SPIRITS One standard drink of spirit is 30mls. If you are working in a bar, how do you ensure you pour the correct amount?
Free flow Spirit pourer - only use with a Jigger (see below). Without a jigger you cannot determine how much spirit you a pouring the customer.
15/30 Jigger / Measurer Jigger / Measurer This is a measuring cup, usually for spirits, measure made from either an unbreakable clear glass like polycarbonate or from stainless steel and has a 15ml measure at one end and a 30 ml measure at the other end. Spirit dispenser
Can be either 15ml or 30ml measuring bearing pouring system
pourer with ball
Fits in the top of all standard liquor
bottles
Pours the correct amount of spirit without the In most bars, the most common spirits will dispenser attached to the bottle. There is no jigger to measure the amount of spirit to be
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need for a jigger. have a spirit need to use a poured.
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If a bottle does not have a spirit dispenser attached, a jigger is used to ensure the correct amount of spirit is poured. Wine Currently, under the National Trade Measurement legislation, wine – unless it is pre-packaged, such as in a bottle or cask – does not have to be sold by a volume measure. A standard drink of wine it 100mlsm and there is no requirement for wine to be sold by measured volume, how can you tell a customer how many standard drinks they are having in a glass? Some wine glasses have a 150ml line marked on the glass, called the plimsoll line. When wine is poured to the plimsoll line, the customer is receiving 1.5 standard drinks. If your bar does not have wine glasses with plimsoll lines, seek advice from your bar manager to determine the volume of wine to be poured into each glass. Then calculate how many standard drinks are in the glass.
Additional information on standard drinks can be found at: Office of Liquor Gaming and Racing website: http://www.olgr.nsw.gov.au/liquor_standard_drinks.asp Department of Health and Ageing: http://www.alcohol.gov.au under ‘Australian Alcohol Guidelines’ and then ‘Standard Drinks’. National Medical Health and Medical Research Council: http://www.nhmrc.gov.au/your_health/healthy/alcohol/index.htm 3.8 Drink driving For most drivers in NSW, the law says that they must stay under the national legal limit Blood Alcohol Concentration (BAC) of .05. There are some important exceptions though, where the limit is zero for L and P plate drivers; drivers under 25 for the first three years of driving, and for drivers of heavy vehicles, passenger vehicles and dangerous goods vehicles.
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Jane Fisher, alcohol and drug education professional, talks about alcohol limits and driving. The main factors that happen when you drink is that it slows down your reaction time, it impairs your judgement, it can mean that your co-ordination is poor, you may become over-confident, you may be drowsy or sleepy, more likely to nod off or fall asleep at the wheel. If people are drinking, the thing about .05 is that it can be hard for people to judge when they have reached .05 because it depends a lot on your susceptibility and the variabilities of what you’ve been drinking and what your body weight is and when you last ate and all that sort of thing is going to influence when your blood alcohol reading or concentration is actually at .05 and a lot of people don’t realise but your blood alcohol content can keep on rising up to two hours after you’ve finished drinking. It’s hard for people to estimate exactly where the limit is and when they’ve reached it. And even though there’s more and more portable breathalysers around, like, in pubs and stuff, if they haven’t been calibrated lately then they might give you a false reading. So people really just have to be aware that when they have a drink that they could still be intoxicated when they leave, even if they think that they’re still under the limit—that they might not be. It is difficult to determine how many drinks will put a person over the legal driving limit as different people are more susceptible to the effects of alcohol. The only way to be certain of staying under .05 BAC is not to drink any alcohol at all. Remember, any amount of alcohol will affect a person’s ability to drive. Alcohol will:
reduce your ability to do more than one thing at a time
make it hard for you to concentrate on your driving
slow down your reaction time if something unexpected happens
make you feel more confident, which may lead you to take risks
upset your vision, especially at night
affect your hearing
make simple tasks more difficult
make you feel more relaxed and more likely to fall asleep at the wheel.
Drink driving The only way to be certain of staying under .05 BAC is not to drink any alcohol at all. However, if you plan to drive after drinking alcohol it is important to count your alcohol consumption in terms of standard drinks. In this way you can estimate how much alcohol you have consumed. Remember that individual differences can affect a person’s susceptibility to alcohol, so there is no guarantee that drink counting will be an accurate measure of BAC or intoxication. Here are some tips to help you:
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Use the rule of thumb to work out how many standard drinks you can have over the time you will be drinking and be likely to remain within the legal limit to drive (remember that any drink which contains about 10 grams of alcohol is called a standard drink).
Learn how many standard drinks are contained in the glass, bottle or can from which you are drinking.
Drink slowly and alternate your drinks with non-alcoholic drinks.
Have something to eat when you are drinking.
Always finish your glass before filling up again to help you to keep a count of your drinks.
Drink light beer rather than full-strength beer if you expect to be driving.
Don’t mix drinks like cocktails if you are driving, because you often cannot tell how much alcohol they contain.
Test yourself on a Standards Australia-approved breath test machine to monitor how different amounts of alcohol affect your BAC level.
Before driving, wait at least one hour for each standard drink consumed.
Licensees have a responsibility to provide safe transport options to their customers such as a courtesy bus, access to taxis and the encouragement of a designated driver. It is important to note that that while a patron is impaired at .05, and should not drive a motor vehicle, it does not mean that the patron will necessarily show signs of intoxication. Remember, alcohol also affects pedestrians as well as drivers and that alcohol-related road deaths and injuries have been serious community concerns for many years. Traffic laws have been modified and special programs have been developed by road safety authorities in an attempt to solve the problem, but drink driving still remains a major cause of death and injury on our roads. More information on drink driving and alcohol limits can be found at: Office of Liquor Gaming and Racing website: http://www.olgr.nsw.gov.au/liquor_standard_drinks.asp NSW Roads and Maritime Services website in the section Centre for Road Safety under Alcohol and Drugs: http://www.rms.nsw.gov.au NSW Health fact sheet on alcohol: http://www.health.nsw.gov.au/factsheets/drugAndAlcohol/alcohol.html
Section 4 RSA Strategies Topic overview This topic will give you a range of skills that will help you to comply with the requirements of the liquor laws. Listen to my introduction to find out what you’ll learn. Now it's time to put all that knowledge into practice. All your questions will be answered. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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What do I have to do at work? How do I stop people becoming intoxicated? How do I know if a person is under 18? How do I refuse service and have the patron leave the premises? What you’ll find In this topic you’ll look at role plays demonstrating best practice in RSA strategies. You’ll also hear from licensees about how RSA is typically applied by staff in the workplace. 4.1 Intoxication Under the NSW liquor laws, licensees and staff must ensure that patrons do not become intoxicated. An intoxicated person must be asked to leave the premises immediately or refused entry onto the licensed premises. So what is your role in observing patrons for signs of intoxication? Signs of intoxication The Intoxication Guidelines for determining whether a person may be intoxicated include the following. A person is considered to be intoxicated if:
that person’s speech, balance, coordination or behaviour is noticeably affected, and
it is reasonable to believe that the affected speech, balance, coordination or behaviour is the result of the consumption of liquor.
A degree of judgement is still required by licensees, serving staff and security officers in determining whether a person is intoxicated, or approaching the point of becoming intoxicated. In exercising that judgment, other factors should also be considered, such as the amount and type of liquor served to a patron, and the time over which the consumption of drinks took place. Care must be taken to establish if there are other causes, such as a medical condition, which would give the appearance of approaching intoxication. This requires thoughtful observation of patrons by all staff. Noticeable signs of intoxication Noticeable signs of intoxication can be observed in terms of a person's speech, balance, coordination and behaviour. Speech - Slurring words, talking in rambling or unintelligible sentences, incoherent or muddled in their speech Balance - unsteady on feet, stumbling or bumping into people or objects, swaying uncontrollably or difficulty standing or walking straight Coordination - Fumbling to light a cigarette, have difficulty in counting money or paying, spilling or dropping drink, having difficulty in finding one's mouth with a glass or having difficulty in opening or closing doors.
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Behaviour - Becoming rude, aggressive, or offensive, unable to concentrate or follow instructions, becoming boisterous or pester others, being overfriendly and making inappropriate sexual advances or being drowsy or sleeping at the bar or table. David Hamley, Licensee, talks about the levels of observation for staff when looking for signs of intoxication. He also comments on the need to be aware of the number of drinks a patron purchases. Really, there is observation at several levels: observation of the behaviour of the customer, the way they address us, the way they walk up to the bar, the way they behave when they’re leaving the bar, walking around the place, whether or not they spill drinks, slur their words. The blink rate is another interesting and reliable way of telling what’s going on there—the rate at which they blink their eyes. There’s a lot of little subtle things that you pick up on pretty easily and of course we deal with in the course of a week hundreds of people and so you get an on-the-spot comparison, and you’ve got fresh people coming in who present in a physical way and you have people who’ve been there for a period of time and you get a chance to compare one with the other. So with the benefit of some experience and with the benefit of supervision from managers who are on the floor at all times, can answer a question from staff, if the staff aren’t sure they can ask the manager: ‘What do you think of so and so?’ and if they’re already back at their table we just wander around picking up glasses and generally tending to the room and make an observation of them when they think they’re not being noticed. Anthony Sobb, Licensee, explains that all patrons are different and care must be taken when making a judgement. Some patrons may have a health problem which causes similar symptoms. You need to be very very mindful, and that can go both ways. People have different metabolisms. Different nationalities, for example, when they do consume alcohol, can show different signs. People from certain countries, for example, may consume alcohol—one drink and have a very very red flushed face. Also people can be on medication. Some people, for example, can become intoxicated depending on their body fat ratio or if they’ve just come off a football field or if they’re dehydrated, and one drink can make them intoxicated. Some people, as I said, could be on medication; one drink and they become totally intoxicated. So we need to be very very mindful and again it gets back to the dignity, courtesy, respect, and then we add on, we start asking questions, helping us to evaluate that person, ‘Sir, madam, are you on any kind of medication?’ and further observation—a little bit like peeling back the layers of an onion—you need to delve a little bit deeper, maybe have a longer conversation than what you normally would if you’re not sure because then some more signs may come out. Lyn Humphreys, Licensee, recalls an instance where a wrong decision was made by staff and highlights the need to discuss the issue with colleagues and friends of the patron concerned. She also comments on the need to discuss incidents with other staff to learn from such experiences. I’m always at the venue on a Saturday morning and after our big night on Friday night I quite often get calls from parents even, because I have a young clientele on a Friday night, from parents who are concerned that their sons or daughters have been asked to leave the venue. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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They of course insist that their children are never intoxicated, and, but one that I do recall, and it caused quite a discussion at our following staff meeting, and that was a mother who rang me up and was upset, and indeed I was upset by the end of the phone call, because her son had diabetes and epilepsy, and quite severe I believe, and to have him come out into a venue with a lot of people took a lot of encouragement from his friends, it was a big step, she felt that it was a good step forward for him. He purposely was brought by his friends to the local venue, and he had exhibited signs where he was getting sleepy and he was asked to leave by the security. He did leave but he was mortified at what had happened, he was embarrassed in front of his friends, and we had a staff meeting following that and discussed those sort of things and how observation over a period of time and perhaps even talking to the friends can help you make the right decision. Once again, there are times when behaviours indicate that the person is just plain drunk, and you have to get rid of them, particularly in cases of aggression, but that was a perfect example that I was able to take to the staff and discuss it and work out strategies with everybody and really make it a vital component that observation over time and getting to know your patrons is so important. Observations of patrons may also consider:
if the person is affected by alcohol when they arrive
if a person smells of alcohol
the time they entered the premises
the length of time they have been drinking
the type and amount of alcohol consumed.
Fact sheets can be found at: http://www.olgr.nsw.gov.au/liquor_fact_sheets.asp. Click on ‘Guidelines’ and then ‘Intoxication Guidelines’. Sobering up Patrons who are approaching intoxication may try to convince managers and staff of their instant ‘sobering up’ techniques, but there is no easy way to sober up. Sobering up or reducing the alcohol in your body takes time. Most alcohol is broken down by the liver and the liver can only eliminate one standard drink per hour. Nothing can speed up the process, not even exercise, coffee, vomiting, or cold showers. See if you know the myths of sobering up and use this information to support your responsible alcohol service. Myth or fact? Choose True or False depending on whether you think the statement is a myth or fact about sobering up. After you select a response, click on 'Check' before moving to the next question. This will give you feedback and score your quiz. Question 1 Coffee (black or white) will sober a person up. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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1. True 2. False Feedback: 1. Incorrect. This is a myth. Coffee is a stimulant and makes people feel more awake. But they are no less impaired; they are just more awake, impaired people. 2. Correct. This is a myth. Coffee is a stimulant and makes people feel more awake. But they are no less impaired; they are just more awake, impaired people.
Question 2 Mixing your drinks makes you drunk faster. 1. True 2. False Feedback: 1. Incorrect. This is a myth. It is the alcohol content of a drink that affects people, not the type of drink. While mixing beer, wine and spirits might make a person feel sick, it doesn't of itself increase the level of impairment or intoxication. 2. Correct. This is a myth. It is the alcohol content of a drink that affects people, not the type of drink. While mixing beer, wine and spirits might make a person feel sick, it doesn't of itself increase the level of impairment or intoxication. Question 3 Fresh air, exercise and cold showers will sober a person up. 1. True 2. False Feedback: 1. Incorrect. This is a myth. These things do very little to make people any less intoxicated. They only buy time and allow the body to reduce the alcohol from the bloodstream. 2. Correct. This is a myth. These things do very little to make people any less intoxicated. They only buy time and allow the body to reduce the alcohol from the bloodstream. Question 4 If you don't feel drunk, you're okay to drive. 1. True 2. False Feedback: (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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1. Incorrect. This is a myth. If you have been drinking, feeling sober is not a safe indicator of whether you are under .05 BAC. You may feel sober, especially if your BAC is reducing, but you could still be over the legal limit and your driving skills possibly impaired. 2. Correct. This is a myth. If you have been drinking, feeling sober is not a safe indicator of whether you are under .05 BAC. You may feel sober, especially if your BAC is reducing, but you could still be over the legal limit and your driving skills possibly impaired. Question 5 Vomiting will sober up a person quickly. 1. True 2. False Feedback: 1. Incorrect. This is a myth. Vomiting will not reduce the concentration of alcohol already in a person's bloodstream. What it will do is prevent any alcohol in the stomach from being absorbed into the bloodstream - at best this is likely to be the last drink consumed. 2. Correct. This is a myth. Vomiting will not reduce the concentration of alcohol already in a person's bloodstream. What it will do is prevent any alcohol in the stomach from being absorbed into the bloodstream - at best this is likely to be the last drink consumed. 4.2 Preventing intoxication Licensees implement a range of strategies to prevent intoxication, including monitoring of patrons, offering alternative drink and food, and implementing a range of restrictions for the purchase of liquor. Let’s see how the experts prevent intoxication. Licensees and staff must take all reasonable steps to prevent intoxication. Practical methods that prevent intoxication may include providing food and alternative drinks such as free soft drinks. Slowing down the service of alcohol is another strategy adopted by staff and managers. It can be as simple as asking patrons if they would like another drink rather than automatically refilling glasses, as demonstrated in the following video. Preventing intoxication Here are four practical methods to help prevent intoxication.
Serve free water. Provide free snack food. Provide a range of mid, low and non-alcoholic drinks. Offer alternatives to alcoholic drinks.
Activity Title: Slow down of service About:
Click the play button to watch the video. Use the slider to move the video forward or back. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Video 1: Slow down Captions: Server: Excuse me, would either of you like some more wine? Customer 1: Yes please. Server: And you sir? Customer 2: No thanks, I'd better not. I'm the driver. Server: Of course. Notes: A strategy to reduce intoxication is to slow down service for patrons, including asking first if customers would like more, and not automatically topping up drinks. David Hamley, Licensee, restricts the types of liquor that he sells as a strategy to prevent intoxication. We don’t sell carafes of wine, for instance; we sell wine by the glass and we sell wine by the bottle. We don’t sell very cheap wine, so it would be easy for someone to have a bottle of wine and that would take them beyond the level of intoxication that’s allowed if they were drinking it by themselves, but they’re unlikely to do that at $22 or $24 a bottle, whereas a carafe of wine, if we were selling cheap bulk wine, might cost $8 for a litre and for that reason we tend not to have that problem. We rarely are asked for shots, and if we are well then we count those. That’s a pretty easy way to have too much to drink quickly. Strategies to prevent intoxication Strategies include monitoring, offering alternatives and implementing restrictions on the service of alcohol. Monitoring can include:
employing responsible service of alcohol (RSA) marshals to monitor patrons and consumption levels and alert other staff when necessary
conducting high visibility security patrols to deter people who are approaching intoxication from entering or loitering
incorporating RSA style messages in venue advertising and promotions to reinforce to patrons that intoxication and associated behaviour is not tolerated
ensuring any liquor promotions comply with the NSW liquor laws, and in particular, guidelines issued by the Director-General Communities NSW for liquor promotions.
Offering alternatives including:
low-alcohol drinks, non-alcoholic drinks
mandatory free water
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having quality food available
promoting food, low-alcohol and non-alcoholic drinks
discounted food and soft drinks for patrons at risk of becoming intoxicated.
Implementing restrictions including:
limiting the types of alcohol available, particularly late at night; for example restricting the sale of shots and high strength ‘ready-to-drink’ beverages (RTDs)
implementing voluntary entry provisions, such as a curfew, particularly on busy nights
limiting the number of drinks that can be purchased at one time, particularly for 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..
4.3 Refusal of service Licensed venues are legally obliged to refuse service to people who are approaching intoxication, are disorderly or violent, and to those less than 18 years of age. Licensees must develop procedures to assist staff in managing the refusal of service and compliance with the law. So how do you go about refusing service and asking patrons to leave a venue? Service can be refused as the patron tries to enter licensed premises or as they try to purchase liquor. Once refused service, patrons must be directed to leave the premises. In the following video a patron who appears to be approaching intoxication approaches the bar for service. Watch how a member of staff deals with this situation, both avoiding conflict and maintaining patron dignity. Activity Title: Refusal of service About: Click the play button to watch the video. Use the slider to move the video forward or back. Video 1: Refusing Captions: Customer: G'day. Can I have a schooner of new? Bar attendent: Sir you appear to have had enough tonight. Customer: Oh go on, just give me a drink, I'm okay. Bar attendant: John, can you come over here for a minute? Manager: Everything okay here? Customer: Yeh I'm just trying to get a drink and this girl won't serve me! (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Manager: My name is John Simpson, and I'm the manager here. What's your name? Customer: Bill Manager: Bill can I just get you over here for a moment to have a chat? Bill you seem affected by alcohol, and by law we can't serve you. So I'm going to have to ask you to leave the premises. Customer: Oh come on! Manager: Sorry, Bill, come back tomorrow night and you'll be more than welcome. Follow me through? Notes: A patron who appears to be approaching intoxication approaches the bar for service. Watch how a member of staff deals with this situation, both avoiding conflict and maintaining patron dignity. Lyn Humphreys, Licensee, believes that all staff should participate in having to refuse service and that the ability to fulfil this role is gained from experience. She expects all her staff to be able to refuse service and gives some practical advice from her venue’s perspective. The responsibility for having to refuse service is something that I try and encourage all of my staff to participate in. It is part of the education process, particularly for the young staff that I have coming in, that they are a part of each step of the process. If staff are familiar with your locals then they are more confident in letting them know when it’s time that they should be slowing down or when it’s time that they should in fact be leaving, but we also have at my venue a large Friday night when we can have a capacity crowd of 1,000 people and you don’t know every face, and you don’t have quite so long to observe people, and sometimes decisions might even be made that somebody’s intoxicated by one of the members of staff and on further observation I might feel that they’re not so intoxicated or they’re not intoxicated at all, and the staff have been a bit zealous in how they’ve made that judgement, but our absolute number one rule within the venue is that you back up whatever decision is made, so if the security want to refuse someone entry or refuse them service or ask them to leave, no matter what I think of that decision at the time, we back each other up. I back the security, the security back me. We back up a staff member if they have made that decision, and even to the point where I might explain to the patron that the decision has been made, we’re not going back on it, this is the behaviour we’ve observed, if they claim that it is because of a different reason then so long as they leave immediately without a problem they’re welcome back next time but the rules and the legislation mean that we have to follow through on what we’ve observed at that time, so backing each other up is very, very important. Anthony Sobb, Licensee, knows that refusing service involves treating customers with respect while ensuring that they leave the premises. From our perspective it’s always we treat the customer with the three key words: dignity, courtesy and respect. From my experience in working as a licensee for many years and working in security as well, you let them have their dignity, so you don’t want to embarrass the customer in front of their friends or in front of anybody else, so when you speak to them you (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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try and speak to them—looking them in the eye, speaking to them in a fairly serious and monotone voice, you try not to raise your voice, you try to do it away from other people, and you try and explain the laws, you try and take away the responsibility or the onus that it’s you making the decision but rather that you have to make the decision as a result of the law and more often than not I think you’ll find that people tend to listen and as long as you give them their dignity, courtesy and respect they’re more than happy to leave the premises or discontinue drinking. The other point is you never let it get or you attempt not to let it get to that pivotal situation where it’s going erupt, so by your constant monitoring you’re noticing that their behaviour and demeanour is gradually changing, so instead of dealing with the issue when it’s at fire point, when they are intoxicated and they are making poor judgement and are behaving aggressively, you’re getting them before they get to that point. David Hamley, Licensee, talks about difficulties and successes when refusing service. It’s a difficult one. Any student, any young person coming into the business, and even some who have been in the business for a while, will worry about it, because it raises the potential of a confrontation and of course we’re in the hospitality business, so we’re there to offer hospitality, we’re there to say ‘welcome to our hotel, how are you today?’—direct eye contact, nice smile, our staff are always well dressed, well groomed and encouraged to make eye contact and to greet the customers as they come up with a ‘good morning’ or ‘good evening’ and also to say ‘farewell’ on the way out if they’ve seen them come in. So all this is hospitality. Then all of a sudden we’re refusing, or asking someone to leave potentially, or suggesting that they’ve had enough to drink. Now without a doubt the best way to do that for a manager is to go face to face with a customer on their side of the bar. Now it is different for a bar person because they’re already on the bar, they’ve got people to serve, and their position is behind the bar and the customer is on the other side. The barrier of the bar, no matter what the structure of the bar is, is a potential problem in my experience, so this is an ideal job for a manager to handle and this is why I think a high ratio of managers to staff is a very important way to control what’s going on in your venue, and to come up with successful and responsible service of alcohol. My successful technique is to go outside and to talk to the customer out of hearing of anyone else if you can do that, and that might be by just catching them on the way to the bar or even on the way from the bar if you think that’s the last one they should have. The last thing you want is a confrontation. Refusing service will ensure the safety of patrons, especially where further consumption of liquor may place others at risk. It also reduces the potential for the licensee to be at risk of litigation, and to be held responsible for not adhering to the law should an intoxicated patron endanger their own life or the lives or property of others. Refusing service or entry There are various techniques licensees can use when refusing service or entry including:
Introduce yourself to the person and tell them your name and your role, and ask their name.
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Approach the person in a friendly and respectful manner. Patronising or authoritarian attitudes can often evoke anger and make the person aggressive—this is a common response to threats to one’s dignity and self-respect. Try not to speak to the person in front of others.
When talking to the person: use their name; use slow, distinct speech; use short, simple sentences; avoid emotion and involved discussions; use appropriate eye contact; and adjust speaking pace to match the patron’s. Provide a clear statement that by law they cannot be served another drink or allowed to remain in the venue. Give a clear instruction to the person that they must leave the premises. If necessary guide them to the exit, ensuring that they have all their personal possessions with them. Suggest alternative and safe transport home, such as calling a friend, relative or a taxi. Notify the manager/licensee/supervisor or security. Notify other bar staff when you have refused service to the person and also notify the new staff on change of shift. Enter any incidents relating to refusal in the venue’s incident register. If considered necessary, the management may consider imposing a short-term ban.
4.4 Preventing underage drinking In NSW it is illegal to sell, supply or obtain liquor for a person who is under 18 years of age. Licensees need to take a proactive and high profile approach to support this NSW legislation in relation to the prevention of underage drinking. What steps can licensees take to stop minors gaining access to alcohol? Anthony Sobb, Licensee, discusses his venue’s commitment and obligation to ensuring that minors are not served alcohol. First of all, it’s a very very serious issue. Studies are now beginning to come out and show that the brain is still developing up to the age of 25 years of age, so they’re talking about zero tolerance to serving alcohol to minors even in a controlled environment, so again from a corporate responsibility and trying to service the community there is absolutely zero tolerance from our perspective in serving alcohol to minors. Ways that we try and monitor that is it’s monitoring, monitoring, monitoring, and that’s what we call ‘hardening the service areas’ so we ensure that all of our staff are trained in observation and in checking for ID and the certain kinds of IDs that we will and won’t accept. The IDs that we won’t accept are anything that don’t have a photo on it and that’s not a legal document obviously we won’t. Legally there’s an obligation that staff can refuse service to anybody that they believe is intoxicated or under age, but from our perspective our policy is that they call a duty manager and the duty manager will politely go up to that customer and ask for their identification under the auspices that we have a legal obligation to ensure that we don’t serve minors, and they’ll check for the ID. They’ll make sure that when they’re checking the ID, one, that they’re polite and courteous, as we are to all of our customers; we’ll ensure that it’s in a well-lit area; and we’ll ensure that the documentation has not been forged or tainted or changed in any way.
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Guy Strang, Licensee, promotes liquor sales that may not appeal to young people as one of the steps his business takes to ensure that minors are not served alcohol. You’re not allowed to be purchasing liquor if you’re under the age of 18, full stop. Anyone that walks into my store that looks anything under 25 I’ll ask for ID. The way that we limit minors coming into the store is by reducing the amount of ‘ready to drink’ or ‘alcopop’ style of drinks. My focus within the industry is not regarded as like mainstream; I’m tending more towards a fine wine selection of alcohols. I’m trying to increase my customer base which is lot more mature. It is essential that licensed venues focus on properly checking proof of age to prevent minors gaining access to liquor. Licensees may also introduce initiatives to prevent underage drinking such as:
requiring any person appearing under 25 years of age to produce age identification
close scrutiny of any identification produced and only accepting the approved forms of identification.
Venues may also maintain an incident register (which is mandatory for late trading venues) to record all instances where minors were refused entry to the premises, or where police were called because of concerns over the validity of the evidence of age produced. The information in the register can then be used to determine if the venue’s underage strategy is effective and, if needed, to take any necessary steps to improve the strategy. This may include joining a liquor accord or, if the premises is already an active member of an accord, raising the issue at the next accord meeting. Saying ‘no’ to underage drinkers Here are four basic steps that licensed premises can take to stop minors gaining access to alcohol. Saying 'no' to under-age drinkers Here are four basic steps that licensed premises can take to stop minors gaining access to alcohol. Step 1 - Be alert and proactive Experienced staff always monitor their premises inside and out, because they know prevention is better than cure. If there's a group of youngsters hanging around outside, a quiet word early on will often be enough to send them on their way. Make sure all required statutory signs are clearly displayed - this will make under 18s think twice before attempting to buy alcohol. Step 2 - Stand your ground Troublemakers can be persistent but you have to make it clear that you won't serve someone who is under 18. Tell the customer that you'd be putting your licence at risk if you serve them alcohol. A refusal can embarrass a customer, so be tactful and maintain a professional tone. If faced with a group, move the person you're talking to away from the rest - this lessens the chance of them playing to the crowd. Step 3 - Avoid blame
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Politely stress your legal obligations when refusing to serve someone or to allow them on your premises. If you're asking for identification for proof of age, emphasise it's nothing personal, but the law requires it. Confirm it's the policy of the premises to make this request of anyone where a person's age is in doubt. Step 4 - Ask for evidence of age If you suspect someone of being underage, politely ask for identification - such as a NSW RTA Photo Card, a driver licence or a passport. 4.5 Evidence of age By law, licensees, staff, police and OLGR compliance officers can require a young person to produce identification to verify their age. A person commits an offence where they fail to produce prescribed evidence of age or refuse to provide their details. What do you need to know when checking evidence of age documents? David Hamley, Licensee, tells how his staff require evidence of a patrons age to ensure that minors are not served alcohol. If we suspect they’re under age, and it’s a difficult thing to pick up on—girls in particular, from a very young age, can look mature. Personally I’ve had a lot of trouble with it. So my approach is to ask anybody who looks as if they’re in that zone for identification, and that’s the attitude we take right through our management and bar staff, so anyone on the staff, not just the managers, will ask if they’re at all in doubt. So we ask for identification and we insist on a driver licence, and if they don’t have that then they need some form of photo ID or something that will give us an excellent chance. The driver licence is obviously a good one, it has a photo, it has a signature, it has the address, it has the date of birth, and it’s relatively tamper-proof. The other form of identification which is suitable and very handy from our point of view is the RTA card which carries a photo and a signature. And if we’re not satisfied, our clear instruction under the law and with the advice of police that I’ve dealt with is that if you’re in doubt, chuck ‘em out. You simply have to refuse them service and ask them to leave. Evidence of age If a person who appears to be under the legal drinking age (i.e. under 18) attempts to enter a licensed venue or to buy alcohol, you are required to ask for proof of age. Acceptable primary evidence of age in NSW includes:
a current Australian passport or other country’s passport
a current NSW, interstate or overseas driver or motor cycle driver licence (or interstate equivalent)
an interstate Proof of Age Card
NSW Photo Card.
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The NSW Photo Card is issued by the NSW Roads and Maritime Services, by application and accompanied by the necessary documentation. This card is available to people who do not hold a current NSW driver licence or other form of photo identification. The Photo Card is valid for a period of five years and only available to NSW residents. Photo Cards are available to people aged 16 and over, so extra care must be taken when checking these cards. All primary forms of evidence of age must contain a photograph and date of birth. Door and bar staff are required to check the authenticity of the identification being offered and to examine it closely in proper light. If you suspect that the patron’s ID could be false, ask for secondary identification. Secondary identification If you are unsure of the patron’s ID or club membership card, you can ask for secondary identification which could include:
corporate ID card
current credit card
current entitlement card issued by a state or commonwealth government department—e.g. Medicare Card.
To assist staff with determining the validity of the documents provided by patrons, venues should keep an up-to-date copy of the Australian ID Checking Guide which is available for purchase from the NSW Office of Liquor, Gaming and Racing at: http://www.olgr.nsw.gov.au/signs_guide.asp More information can be found at: http://www.olgr.nsw.gov.au/youth_photo_card.asp or at: http://www.rta.nsw.gov.au/licensing/photocard.html It is essential that licensed venues have practices in place to check patrons’ ID and proof-of-age documents. Watch how this important role can be performed. Activity Title: Refusing entry to minors About: Click the play button to watch the video. Use the slider to move the video forward or back. Video 1: Proof of ID Captions: Bouncer: Hi, could I see some ID thanks? Young person 1: Yeh, no worries. (Shows him his drivers licence.) Bouncer: Great. (Next young person goes to enter the bar.) Bouncer: Ah, could I see some ID thanks? (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Young person 2: I'm not sure what I've got on me. (Looks in her pocket and pulls out a card.) Bouncer: OK, this card won't do. I need a licence, a passport or an RTA photo card. Young person 2: But it's got my photo on it, plus it's got my name. Bouncer: Yeh but it's a TAFE card, and I need one of those other three. Bouncer: So thanks very much, just move on? Thank you. Notes: It is essential that licensed venues have practices in place to check patrons ID and proof of age documents. Watch how this important role can be performed. Checking ID Tips for checking evidence-of-age documents include:
Examine the document in a well-lit area where alterations will be spotted more easily.
Do not inspect the document through the window face in a person’s wallet; ask them to remove it.
Take the document from the patron and take your time examining it.
Make sure the document includes a hologram or other security feature.
Compare the photo with the patron presenting the document and pay particular attention to distinguishing facial features.
Feel around the photo, birth date and edges of the card, especially a card enclosed in plastic (laminate). Wrinkles, bumps and air bubbles could mean the document has been altered.
Calculate that the date of birth on the document does in fact confirm the person is at least 18. This is especially important when the NSW Photo Card is used as evidence of age.
Use a UV/black light if you have one to help identify false or altered IDs.
Fake Id What can you do if you suspect the identification you have been give is a fake or has been tampered with? If a Photo Card, drivers licence or passport is suspected of being false, or being used fraudulently, licensed venue staff do not have confiscation powers. Only police and people authorised by the RTA can confiscate identification. If a card is suspected of being false, police should be contacted and the patron refused entry or service.
4.6 Preventing secondary sales A ‘second party sale’ occurs when alcohol is purchased and then supplied to a minor. The licensee, staff, and other patrons, including minors (where liquor is supplied to other minors) can all be liable. Let’s look at the actions staff can take to prevent secondary sales.
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It is an offence to buy or obtain liquor on behalf of a person who is under 18. Licensees must display prescribed signs within their venue warning of age restrictions and penalties. It is often difficult to establish the occurrence of secondary sales, therefore considerable care must be taken by staff to identify the signs such as repeat orders to ensure that alcohol is not served to or purchased by minors. Guy Strang, Licensee, tells how his staff watch for purchasing patterns to prevent secondary sales of alcohol to minors. To prevent secondary sales—when you’ve been in the game long enough you’ll tend to notice the patterns—patterns being lots of $5 and $10 notes, silly drinks like Passion Pop, RTDs, alcopops, cask wines. You know, kids that come in shaking, that’s always the best one, if they come in and they’re doing this and they’ve got a fistful of $5 and $10 notes. ‘ID, please’ and then they show you the ID and then I’ll generally get one of the junior guys to finish the service and I’ll walk out the front and have a quick look to see what’s around, so before he even walks out the door I can say ‘Stop, here’s your money back, see you later’ and it works every time. They’re always within 20 metres of the front door.
In NSW adults cannot give permission for alcohol to be sold or served to minors. Care must be taken to ensure that minors, in the company of a responsible adult, are not supplied with alcohol. Watch how a waiter handles a request by a father to serve alcohol to his son who does not have appropriate evidence of age. Activity Title: Refusing service to a minor About: Click the play button to watch the video. Use the slider to move the video forward or back. Video 1: Minors Captions: Server: Here you are sir. Father: Thank you Ah, my son would like a drink too. Server: Is your son over the age of 18? Father: Yes, of course he is. Server: Do you have any ID with you? Son: Ah no, I don't sorry. Father: Oh come on, he can have a drink. He's with me. Isn't my word good enough? I come here all the time. Server: I'm sorry sir, but the liquor laws require proof of age
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if there is any doubt that a person is not over the age of 18. Father: Okay, he'll have a lemonade, thanks. Notes: Watch how a waiter handles a request by a father to serve alcohol to his son who does not have appropriate evidence of age. 4.7 Liquor accords What are liquor accords? Why are they formed and who is involved? What benefits does a liquor accord bring to the licensed venue and to the community? In NSW there are two types of liquor accords:
Local liquor accords, and
Precinct liquor accords.
Local liquor accords Local liquor accords are voluntary industry-based partnerships working in local communities to introduce practical solutions to liquor-related problems. They reach agreements on ways to improve the operation of licensed venues so that venues and precincts are safe and enjoyable. Most local liquor accords include members from the local business community, local councils, police, government departments and other community organisations. Precinct liquor accords Precinct liquor accords have been established in designated late-night entertainment precincts, namely Sydney Central (George Street South, Kings Cross, Oxford Street and The Rocks), Manly, Newcastle/Hamilton, Wollongong and Parramatta. These accords bring together a diverse range of stakeholders with the aim of reducing alcohol related violence and fostering safer, more vibrant entertainment precincts. Membership of, and active participation in, these accords is mandatory for latenight licensed venues within the precinct liquor accords boundary. The best liquor accords work when all persons are trying to meet the spirit and the intent of the law. They do this in a number of ways. They look at local issues and local solutions, and they all agree to doing something beyond what the legislation requires. For example, a number of licensees have a problem with minors trying to get into their venue. They address this by agreeing that any person who appears to be under 25 will be asked to show identification. They will only accept the valid forms of identification, as determined by the Liquor Act, which include a NSW driver licence, a passport and a proof-of-age card. New South Wales has over 140 liquor accords. They are all formalised and articulated in legislation. The best liquor accords are founded on trust and driven by those people in local communities who know what the issues are and are committed to making a change. They are co-ordinated by either licensees, police officers, or local council employees. The basic principles of an accord are a commitment:
by all licensees and club managements to abide by the principles of the accord
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to comply with liquor laws
to serve and promote alcohol responsibly
to require responsible behaviour from patrons
to reduce alcohol-related harm
to prevent under-age drinking
to provide courteous and properly trained staff
to being a good neighbour by improving safety and security—not only for patrons but for the neighbourhood
to co-operate with the police and the community to improve local outcome.
While some accords simply reflect a commitment to requirements contained in the liquor laws—such as preventing intoxication and underage drinking—others add value by adopting measures to deal with local problems and issues including:
improving patron awareness of the responsible serving laws
providing a coordinated approach for patron transport from local venues late at night.
Well-run accords can bring about genuine benefits for everyone involved including:
safer and more welcoming local neighbourhoods
enhanced local reputations for concerned and active licensees
an improved business environment
constructive working relationships between licensees, councils, patrons, residents and police
improved compliance with the liquor laws
reduced under-age drinking
reduced anti-social behaviour and crime
reduced alcohol-related violence.
More information on liquor accords can be found at: http://www.olgr.nsw.gov.au/accords_home.asp 4.8 Preventing drink spiking Drink spiking is when another person adds alcohol or another drug to a person’s drink without their knowledge or consent. A person who spikes a drink may be the victim’s friend, acquaintance, work colleague, date or a stranger. How can venues minimise the risk of drink spiking? Drinks can be spiked in nightclubs, bars, dance parties, private residences, BBQs, community celebrations and restaurants. Drink spiking is a crime and apparent drink spiking incidents should be reported to police. (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Lyn Humphreys, Licensee, recalls how her venue managed an incident where patrons displayed suspicious behaviour related to drink spiking. It’s difficult for staff to be aware of drink spiking. You’re serving a drink; once that drink is taken away from the bar, you’re not sure who it’s going to, especially if somebody’s buying three or four drinks at a time and taking them back to a group. What happens between the bar and when that person that is receiving the drink drinks it, you can’t observe it the whole way. But you can observe what is happening with people’s behaviour and we have had occasions where a group of two males, two females, are sitting there, everybody’s fine, in a very short period of time one of the girls is slumped, can’t walk properly, and to all intents and purposes appears very affected by alcohol we would assume—showing severe signs of intoxication, but it’s happened so quickly that it appears to be an odd occurrence. It has occurred in my venue once that I can recall when I was there even, that then the males insisted that they would look after the girl and be taking her home. We had concerns and we said, no, we’ll call her a cab and organise transportation for her and wouldn’t let her go with the other fellows that were there in the group. It was obvious that she wasn’t really familiar with them; they hadn’t been together when they came in to the venue, and we were able to look at CCTV footage and backtrack while they were still in the venue to ascertain, to see that they didn’t all come in together, they were virtually being picked up, I guess they met the fellows in the venue, and then the next thing one of the girls is very very ill indeed. So we were able to manage that situation but it’s not often that you are able to really join the dots together to see what has happened. It’s not very often. I can’t recall ever one of my staff or in my 30 years or more in the business that I have seen somebody actually spike a drink. At times we’ve even taken the liberty of getting ID from the person. They weren’t able to actually get it out of their wallet themselves, but we’ve got their ID and made calls to the home to make sure that transport could be arranged and that they got home with the people that they needed to be travelling with, not with whoever may have been with them at that time. Alcohol is the drug most commonly used to spike drinks as it is relatively cheap, legal and easily available. In many instances, alcohol is added to drinks without suspicion. A person may not easily detect relatively tasteless alcohol, such as vodka, when it is added to their drink. The most common physiological effects attributed to drink spiking are vomiting, unconsciousness, poor coordination and balance, slurred speech, lowered inhibitions, drowsiness, dizziness, loss of motor skills, impaired judgment, visual problems and nausea. These symptoms are also commonly associated with intoxication. Drink spiking facts
Most victims are female but drink spiking also happens to males.
Prank spiking is the most prevalent form of drink spiking with most perpetrators having no criminal intent.
Non-requested alcohol added to a person’s drink is the most commonly used drug in drink spiking.
It is suspected that drink spiking with alcohol may occur frequently but goes unreported.
Research suggests that two-thirds of drink spiking incidents occur in licensed premises.
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Preventing drink spiking in venues
Do not encourage or promote irresponsible behaviour.
Always remove unattended glasses.
Always report suspicious behaviour.
Follow RSA principles.
Do not sell or promote alcohol in a way that leads to rapid consumption.
Be aware of unusual requests, such as beer with a shot of vodka.
Decline patron requests to add alcohol to another person’s drink.
4.9 House policy A house policy provides a framework for both patrons and staff in understanding the responsible serving principles adopted by venue management. It can be used to reinforce acceptable serving practices of the venue. Watch the following video to see how a house policy is implemented in a service situation. Activity Title: House policy About: Click the play button to watch the video. Use the slider to move the video forward or back. Video 1: Restrictions Captions: Customer: Hi there. Could I please get four middies of VB and two shots of tequila please? Bar attendent: Sorry sir, it's after midnight. Our house policy is that I can only sell you up to four drinks at any one time, and I am not permitted to sell you shots. I can get you the four middies, but that's all. Customer: Yeh, that'll be good, thank you. Notes: See how a house policy is implemented in a service situation. Lyn Humphreys, Licensee, talks about implementing the house policy in her hotel. It’s not black and white whether somebody is intoxicated or not; it’s where you draw the line, and it’s not black and white on having a house policy that is there necessarily 24 hours a day for the whole time that the venue is open or even that applies to everybody that is in the venue (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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at that time, so I certainly give my managers a lot of leeway as far as what they can call at any time. So while we might have a house policy that says ‘no shots after 10 pm on a Friday night’, if they want to implement that on another night because they’re experience tells them that there is a group in there that may be starting to get intoxicated or it’s a particular sporting team and so they need to implement those policies at any other time, I certainly give them their freedom to do that. I rely on their experience and expertise to make those sorts of decisions. A good house policy is a simple statement, or series of statements that reflect the principles implemented by the venue and can cover such things as:
not serving minors or intoxicated patrons
not conducting irresponsible liquor promotions
ensuring quality food is always available
promoting safe transport options to patrons
offering discounted non-alcoholic drinks
the venue’s approach to dealing with problem patrons
restricting the types of drinks sold after midnight.
Staff training Effective training of staff to implement a house policy is essential if you are to succeed with your strategy for responsible service. All staff should be included to allow them to begin implementing a uniform set of practices. It is important that staff implement responsible serving practices that they have learnt from their training. Staff meetings, incident logs, the review of particular incidents, and positive reinforcement of staff observed acting in the required manner assists in this process. The liquor + gaming magazine published by the Office of Liquor, Gaming and Racing should be circulated to all operational staff. Management must:
state their expectations of performance
give staff authority to make decisions and support these decisions
consider how to reinforce staff behaviour.
When staff members are confident that they will be backed up by management, they will be much more comfortable with the idea of the responsible serving of alcohol. 4.10 Safe transport options Providing safe transport options to patrons is an important part of harm minimisation. What transport options are available and what role do you play in promoting them to patrons? (c) Copyright hospitality institute of Australasia SITHFAB201 - NSW Only V1 122013
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Anthony Sobb, Licensee, discusses the importance of providing safe transport options. Safe transport is not about getting someone to the point of intoxication and then chauffeuring them home. It’s far from that. It’s about ensuring that if somebody goes over the legal limit, which is more than three drinks in one hour, that they shouldn’t be driving, so therefore that doesn’t necessarily mean that they’re past the point of intoxication as far as the community standards of behaviour are concerned, so it’s all about offering things, for example, like staff being able to call them taxis, possibly some courtesy buses, but I want to reiterate: it’s very very important, it’s not about getting them to the point of intoxication and then chauffeuring them home. It’s all about an ethos and a culture within your staff to promote that, and it could be something as simple as when they’re walking past and picking up a glass saying, ‘Do you know that we’re more than happy to organise a courtesy bus, that we do have the service of being able to call you a taxi, is anybody a designated driver here tonight, and by the way we’ll offer –‘ a possible idea may be that they drink soft drink for free. I know that some licensed premises have looked at that, but I think it’s about the staff having that in their ethos and the culture of the organisation, that from the person who picks up the glasses through to the person who works on the door through to the person who serves the alcohol, that everybody’s on the same page with understanding that it’s all about we have a moral and social obligation as a licensed premises and everybody on that premises plays a role in promoting that. Safe transport options, particularly late at night, should be promoted to patrons to reduce the potential for drink driving and road accidents. Depending on the nature and location of the venue, safe transport options can also reduce the potential for noise disturbances when patrons leave the premises. Getting patrons home safely and quietly are two key objectives in offering safe transport from a venue. Many liquor accords have successfully implemented transport options for patrons of participating venues. This approach has the advantage of sharing limited resources, such as taxis, and reducing operating costs for venues. Venue courtesy bus Some venues offer the services of a venue courtesy bus which picks up and drops off customers. This service not only promotes the venue’s commitment to responsible service but can also assist in reducing the incidence of anti social behaviour, drink driving and drink walking. Safe transport options include: Taxis Options include:
making taxis as available and easy to use
offering to call a taxi for your customers
having a free phone available for customer usage to call a taxi
displaying taxi signage
promoting or offering discount taxi schemes
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taking part in taxi voucher schemes—these are sometimes introduced as a local liquor accord strategy.
Dial-a-driver Options include:
a taxi system that delivers a driver to take the customer home in their car
displaying signage about the service in a visible spot.
Designated driver Options include:
encouraging groups to designate a sober driver
providing designated drivers with free non-alcoholic drinks.
Promote public transport A good strategy is making details of public transport available near the venue. This can include making details of bus/train/ferry timetables available and making announcements when the last scheduled bus/train/ferry is about to depart nearby.
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