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SECTION 1

Community and Social Impacts of Alcohol Misuse

It is extremely challenging to measure the social effect of alcohol abuse. This is partially due to the
reality that it often entails estimates of the social costs of alcohol treatment and management
programs, prevention, research and investigative studies, law enforcement, decreased productivity
and a base line calculation of years and quality of life lost.

Despite the would be deadly harm that heavy consumption of alcohol does to the body—including
different types of cancer, cardiovascular diseases, and liver disease—the social consequences can
be just as destructive.

Alcoholics and alcohol abusers are increasingly more likely to be involved in divorce, suffer turmoil
with domestic violence, display deteriorating personal appearance, wrestle with periods of
unemployment, and exist in sub standard living conditions.

Excessive alcohol consumption has been found to be a contributing factor in:

 ⅓ of all road deaths in Australia

 50% of cases of domestic, physical, and sexual violence

 40% of violent crimes and 70-80% of night-time assaults

 Homicides (34% of offenders and 31% of victims)

Personal Impacts of Alcohol Misuse

The personal social effects of alcohol misuse can be just as destructive as the physical consequences.
Financial, relationship and legal concerns can all arise from alcohol misuse and abuse and may
include:

Relationships –

 Regularly deteriorate as the alcohol abuser places the need for alcohol before the needs
and wishes of the family, usually leading to conflict.

 Disagreements with spouses.

 Loss of close, long term friends.

 A decrease in invites to public social events.

Finance –

 Employment can be jeopardised by absence from work.

 Possible decreased productivity at work and home, whilst income may be directed toward
alcohol that is needed for higher priority needs.

 Personal employment often suffers.

 Possible increase in personal and family debts.


 Decreased disposable income for niceties / luxury items (e.g. family holidays).

 Loss / misplacement of personal items.

 Irresponsible spending.

Legal –

 Heavy alcohol consumers sometimes find themselves in trouble with the legal system.

 Possible drink driving causing loss of licence.

 Legal ramifications for drunken behaviours.

 Alcohol related violence.

 Damage to personal or public property.

Most of the above mentioned complications may be decreased or even eliminated, should an
alcohol abuser address the personal drinking problem.

SECTION 2

Drink Labelling

The standards regulating alcoholic beverages are defined in the Food Standards Code, which is
developed and maintained by the National Food Authority.

The Authority recommended the adoption of standard drink labelling into the Code following an
evaluation of an application from the Ministerial Council on Drug Strategy. The Authority concluded
that there were clear public health and safety benefits to be gained by informing customers in an
easily understood way of the alcoholic content of beverages.

All alcoholic beverages which are sold to the public in packaged form (e.g. bottles, cans, casks or
other containers) must display labelling detailing the number of Standard Drinks contained within.

In containers holding 10 or less standard drinks, the label needs to be accurate to the First decimal
place. Containers which hold more than 10 standard drinks must contain labelling accurate to the
nearest whole number of standard drinks.

Alcohol Serving Sizes - Beer

Beer in Australia continues to be served in different sized glasses, depending upon the State one is
in.

Along with the different sized glasses, each state has adopted different names for the different sizes.
Names of Beer Glasses in Various Australian States

Capacity NSW NT QLD SA TAS VIC WA

ml ounces

115 4 Small Shetland


Beer

140 5 Pony Five Pony Pony / Pony


Horse

170 6 Six Small Bobbie /


Glass Six

200 7 Seven Seven Seven Butcher Seven Glass Glass

225 8 Eight

285 10 Middy / Handle Pot / Schooner 10 / Pot Pot Middy


Half Pint 10

425 15 Schooner Schooner Schooner Fifteen / Schooner Schooner


Schooner

568 20 Pint Pint Pint Pint Pint Pint Pint

1125 40 Jug

Alcohol Serving Sizes – Spirits, wines etc.

Basic Spirits – rum, scotch, gin, vodka, burboun


Other spirits – cognac, kahlua, midori, tia maria, southern comfort, brandy etc.
Served in either a 30ml nip or 15ml half nip, often with soft drink
Wine – chilled white wine, red wine, champagne
Different establishments serve differing amounts as house standard.
Often served as100ml – 200ml.

Fortified wine - port, sherry, vermouth, marsala etc.


Usually served in a smaller glass and in a smaller serving amount than wine.

Cocktails - Alcohol mixed with flavouring (usually soft drink or milk).


Alcohol content depends on the type of cocktail being consumed.
Cocktails can pose difficulties for a consumer to accurately establish how much alcohol has been
consumed.
Can be served in any number of a variety shaped glasses or tumblers.

Standard Measuring Tools

Regardless of the location of the licensed premises, the liquor license type or the standard operating
hours, all alcohol being served must be done so in accordance with standard measurement tools
and measurement amounts.

Electronic Dispensers

These easy to use and fully electronic dispensing tools have the potential to increase the standard
of both cleanliness and accuracy when serving spirits. Electronic dispensers accurately deliver either
a standard half (15ml) or full (30ml) serving of spirit by simply pushing a glass onto a contact point
of the dispenser.
These dispensers have the added feature of a digital display which records the number of drinks
supplied by the dispenser over a given time frame. This digital display can be reset at any time.
Modern electronic drink dispensers often also come standard with a built in reminder feature to
alert staff when it must be cleaned to maintain working order and hygiene.

Manual Nip Measures

An alternative to the electronic dispenser is the use of a hand held 15ml or 30ml measurement tool.
These are tools of various shapes and sizes into which the spirit is measured before being poured
into the serving glass.

Samples

Taste testing and sampling of products can be a great way of introducing customers to new and
exciting drink products that they may have been reluctant to try in the past. If not performed
properly and hygienically however, samples can become an unacceptable risk to our obligations in
regard to the Responsible Service of Alcohol.

It is imperative that samples being offered are done so only after careful consideration of certain
variables:

 Liquor must be served in standardised quantities that can be recognised by patrons

 Suggested serving size would be a 50ml (or less) marked and measured cup

 Alcohol content of the drink to be sampled must be displayed


 Sampling should take place in a suitable area such as a designated bar, restaurant or
function room

 Sampling provided in a retail environment such as a bottleshop where patrons are


predominately driving a car would require a risk assessment in relation to the product
provided for tasting.

 Samples must be served by persons or staff who currently hold an RSA certificate.

What is a Standard Drink

A `standard drink` is a measurement of how much pure alcohol has entered the system and should
not be confused with the total amount of liquid that has been consumed.

A 'standard drink' is a useful way to monitor how much alcohol is being consumed.

One standard alcoholic drink can be defined as a drink containing 10 grams of alcohol.

It must be noted that a standard drink always contains the same amount of alcohol, irrespective of

 the size of the vessel it is contained in

 the type of alcohol


Standard Drink Variance

Due to the fact that not all licensed premises serve alcohol in the same size glasses, the number of
standard drinks consumed can vary from one establishment to another.

e.g. Wine glasses vary in size and may contain anywhere from 100ml – 200ml.

Bar staff must be familiar with standard drink sizes and corresponding alcohol amounts contained
within. A thorough and detailed knowledge of this important fact is a valuable tool in assisting
customers to drink responsibly. This awareness should also include an understanding of Blood
Alcohol Concentration and the legal limits for safe driving.

RTD’s - Ready to Drink Alcohol Products

Ready-to-drink (RTD) alcohol goods are drinks that contain a wine or spirit base that are then mixed
with a sweet non-alcoholic drink and served in a glass bottle or can. RTD’s can also be known as
‘alcopops’ or ‘premixed spirits’

Recent research has highlighted that ready to drink options appear to be popular with many
different consumer groups. The Distilled Spirits Industry Council of Australia 2008 report suggests
that adult males consume RTD’s based on Dark spirits, however RTD’s are also a popular alcoholic
drink favoured by young drinkers.

The major concern with RTD’s comes from the fact that the sweet taste of RTD’s is similar to that of
plain milk or softdrink. Combine this with the fact that the alcoholic potency of some RTD’s is extra
high, means that consumers may be unaware of the consequences of consuming RTD’s.

Non Alcoholic Beverages

A large percentage of the legal drinking age population are unable to consume alcoholic drinks at
any given instance.

Common reasons for abstinence include but are not limited to:

 Responsibility of being a designated driver

 Certain medical conditions requiring abstinence

 Current or reformed alcoholism

 Pregnancy

 Religious beliefs

 Personal reasons (weight loss, fitness concerns etc)

It is extremely difficult to remove all the alcohol from a fermented drink.

For this reason, to be classified as non alcoholic, a beverage must contain a maximum of 0.5%
alcohol.

The range of non alcoholic beverages may include:


 Cocktails (often referred to as mocktails)

 Wines

 Punches

 Champagnes

 Beer

Staff should be proficient in the preparation, presentation and service of non alcoholic drinks and
be able to assist customers with information on the range available for purchase.

In their duty to encourage consumers to drink within appropriate limits, staff may offer verbal advice
to customers to alternate between alcoholic and Non alcoholic drinks.

Licensees can also encourage the consumption of non alcoholic drinks through competitive pricing
and active promotion of non alcoholic options.

Blood Alcohol Content

Blood alcohol content is often also referred to as blood alcohol concentration. As the name suggests,
this is a measure of the concentration of alcohol in a person’s blood.

This measurement is most often used as a measure of customer intoxication.

This concentration automatically rises from the moment the first alcoholic drink is consumed. It
must however be noted that the concentration of alcohol in a person’s blood is not a uniform
measure, as there are many contributing factors affecting this reading (eg. Gender, size, food intake,
fitness level etc.)

Staff serving alcohol must be aware of the fact that different customers may record different
readings despite consuming the same amount of alcohol.

Legal driving limits in Australia require a driver to maintain a BAC under 0.05%

As an indicative GUIDE only, consumers can generally keep their BAC under 0.05% by consuming:

 for women—have no more than one standard drink each hour*

 for men—have no more than two standard drinks in the first hour and one standard drink
each hour after that*.

*Please remember that this is a guide only, as some people can drink less alcohol than recommended
above and still be over the limit.
Blood Alcohol Content Effects

BAC General Behaviours


Description

Up to 0.05% Relaxed  Increased talkativeness

 Increased confidence

 Increased socialability

 Any positive behaviours cease at this level

0.06% - Lethargy  Altered judgement


0.09%
 Increased risk taking

 Decreased inhibitions

 Decreased restraint resistance (smoking,


gambling etc.)

0.1% - 0.15% Disorder  Confusion

 Slurred speech

 Balance difficulty

 Delayed reactions

 Blurred speech

0.15% – 0.3% Daze  Possible blackout

 Memory loss

 Double vision

 Dizziness

 Vomiting

>0.3% Coma  Unconsciousness

 Alcohol poisoning

 Decreased heart rate


 Loss of bladder and bowel control

 Inability to walk unaided

 Possible death

SECTION 3

RSA

Alcohol is a drug and therefore Governments regulate its sale and supply and determine the rules
which control who is able to sell liquor and who is able to consume it.

These rules are contained in Acts of Parliament or Legislation. Each State and Territory has its own
laws which regulate the sale and supply of liquor.

In Queensland they are contained in the Liquor Act 1992 (Liquor Act) and the Liquor Regulation 2002
(Liquor Regulation). The Liquor Regulation provides additional details about particular provisions of
the Liquor Act.

The Liquor Act 1992

The Liquor Act 1992 is a comprehensive detailed document, primarily described as:

‘An Act to to regulate the sale and supply of liquor.......’

The Act’s main objectives are broken into 7 key elements and deal with a variety of regulation,
facilitation and administration matters.

Clause 3, part (a) defines one of the objectives as being:

 To regulate the liquor industry in a way compatible with minimising harm caused by alcohol
abuse and misuse.

It further states examples of harm as:

 Adverse effects on a person’s health

 Personal injury

 Property damage

 Violent or anti – social behaviour

Copies of the Liquor Act 1992: www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/liquorA92.pdf

Liquor Regulation 2002

Liquor Regulation 2002 is a comprehensive and wide reaching document that contains 12 sections
relating to an exhaustive number of facets pertinent to the liquor industry as a whole.
It clearly details, highlights and provides examples of acceptable and non acceptable practices to do
with both Serving and consuming alcohol. Amongst other things, the Regulation deals with:

 Extended trading hours

 Obligations of licencees and permittees

 Restricted areas

 Detached bottle shops

Copies of the Liquor Regulation


2002: http://www.legislation.qld.gov.au/LEGISLTN/CURRENT/L/LiquorR02.pdf

The Context Of RSA

The legislation aims to ensure that alcohol is sold by responsible people and that the possible
harmful effects of alcohol are minimised or avoided (harm minimisation). The legislation also aims
to identify:

 Who – alcohol may not be served to e.g. minors or unduly intoxicated persons

 When – alcohol may be consumed e.g. trading hours on licences

 How – alcohol may be sold e.g. authorities related to different licence types

In Queensland, OLGR, (Office of Liquor and Gaming Regulation) under the Department of
Employment, Economic Development and Innovation, administers the Liquor Act and Liquor
Regulation.

Penalties apply to people that do not comply with the legislation and may range from a fine to the
suspension or cancellation of a liquor licence.

A reference to one penalty unit in the Liquor Act or Liquor Regulation equates to $113.85.

Why RSA

RSA means serving and supplying liquor in a responsible manner and in accordance with the law. It
means that licensees and staff who sell or supply liquor are required to conduct their business in a
responsible manner. Licensees, managers and staff may all be held accountable for their actions.

Irresponsible conduct comes at a cost to business, the community and the government. Research
suggests a strong association between alcohol, violence, crime and anti-social behaviour, including
street offences, assault, malicious damage, domestic violence and noise complaints.

It is also associated with a number of adverse health consequences including liver cirrhosis, mental
illness, several types of cancer, pancreatitis and damage to an unborn foetus.

Why RSA cont.

There have always been laws about the responsible service of alcohol in Queensland liquor
legislation. That is, rules about not selling to minors, unduly intoxicated or disorderly patrons.
Recent changes to the Liquor Act 1992 introduced a wide range of amendments aimed at minimising
harm caused by alcohol abuse and misuse, including a new Ministerial power to ban undesirable
alcohol products, such as those that inappropriately target young people or promote rapid or
irresponsible consumption of liquor.

An example of this legislation found in the Liquor Regulation 2002, states:

Section42(a) – Act, s 156B

1. For the Act, Section 156B (1), a product containing liquor in a flexible tube bearing a name
that includes either or both of the words ‘go’ or ‘vodka’, whether in lower case, upper case
or a combination of both is declared to be an undesirable product.

2. In this section – flexible tube means a flexible metal, plastic or laminate container sealed
permanently at one end and having a cap at the other end.

This power is in line with other jurisdictions and responds to a community expectation that products
which heighten the exposure to increased harm for the community may be banned.

RSA Mandatory Training

In addition, the amendments to the Liquor Act introduced:

 Mandatory RSA training for staff involved in the service or supply of liquor

 Responsible Management of a Licensed Venue (RMLV) training requirements for licensees


and approved managers.

To increase professionalism and minimise harm throughout industry, staff are required to complete
Government-approved training. All staff (other than volunteers at Community Club or Community
Other licensed premises) are required to be trained in RSA, and management are required to keep
a training register with copies of staff training certificates.
The video exert depicts two liquor licensing officers investigating staff training provisions and record
keeping after detecting offences under the Liquor Act:

 minors present on licensed premises

 minors purchasing liquor on licensed premises

 minors consuming liquor on licensed premises

It clearly demonstrates that mandatory RSA training must be carried out either prior to staff serving alcohol, or
within 30 days of commencement. It also highlights the severe penalties that apply to management for failing to
provide such training.
As can be seen, both management and staff were recommended for prosecution, for many reasons including:

 mandatory training was not provided within the specified time frame

 accurate training records were not kept


SECTION 4

Refusing Entry
To maintain a safe environment it may be necessary to evict a person or persons from the venue. However, in
most cases, it is better to stop trouble at the door rather than increase the potential for problems within the
venue.

A licensee, employee or agent (e.g. security) may refuse entry to the premises if a person is:
 unduly intoxicated

 disorderly

 a minor (unless the minor is otherwise allowed on the premises)

 suspected of being a minor and the person fails to produce acceptable identification.
The Liquor Act 1992 does not limit any rights a person has under another law to prevent entry to premises to
anyone or remove anyone from premises.
Example— A licensee decides on a dress standard for persons in the licensed premises. The licensee may
exercise the licensee’s rights apart from this Act to stop anyone who does not comply with the standard from
entering the premises.

If the person enters, or attempts to enter the premises after being refused entry, an offence is committed. An
authorised person (licensee / permittee, employee, security staff or agent of the licensee / permittee) may use
necessary and reasonable force to prevent the person from entering the premises.
If the licensee chooses to pursue this offence through the courts he/she should contact police. The offence
attracts a maximum fine of $2277.

It is an offence for a person to resist a licensee, employee or agent who is preventing them from entering the
premises. This offence attracts a maximum fine of $2277.
Erratic Drinking Patterns

As with all responsible service of alcohol principles, personal discretion must be used at all times in individual
circumstances.

The careful monitoring of erratic drinking patterns is no different. Staff serving alcohol should always Assist
customers to drink within appropriate limits. It must also be remembered that alcohol affects different
customers in different ways and at different rates.

One way of judging the appropriate assistance to be offered to customers is to carefully monitor and identify
erratic drinking patterns, which may include:
1. mixing a wide range of drink types
2. drinking quickly and asking for more immediately
3. ordering more than one drink for self-consumption
4. mixing alcohol consumption with consumption of prescription or illicit drugs
5. consistently returning to the tasting site to request more samples
6. ordering multiple samples (where samples are offered)
7. ordering large samples
8. ordering ‘triple shots’ or extra large drinks.
Staff Intervention

When these patterns of behaviours are identified, encouragement from staff should be immediately
forthcoming. This encouragement should be delivered politely and courteously suggesting drinking within
appropriate limits and avoiding undue intoxication by encouraging customers to:
1. be aware of the number of drinks being consumed
2. mix alcoholic drinks with non-alcoholic drinks
3. drink slowly and pace themselves
4. drink at a safe place
5. drink with friends who are responsible

Refusal of service

Service may be politely refused at any time for non-discriminatory reasons. This responsibility cannot be
avoided.

For example, staff may refuse service when patrons do not meet dress standards. However there are times
when staff are required by law to refuse service of liquor, e.g. where a patron is unduly intoxicated, or you
suspect the patron is under 18 years and they are unable to provide sufficient evidence as to their age.
The main reasons for refusal of service are:-

 The law requires it – e.g. minors or unduly intoxicated or disorderly persons.

 Safety of the patron – the consumption of liquor is placing their safety in jeopardy.

 Safety of others – the consumption of liquor by a particular patron is placing the safety of other
patrons in jeopardy.

 Civil litigation – should an unduly intoxicated patron endanger their life or the lives or others, the
licensee may be held responsible for not adhering to the above 3 points
Under the Liquor Act, it is an offence on licensed premises to:

 sell/supply/provide liquor to an unduly intoxicated patron

 allow another person to supply an unduly intoxicated patron with liquor

 allow an unduly intoxicated patron to consume liquor

 be an unduly intoxicated patron.


OLGR has signs available free of charge to assist patrons with information that service will be refused and that
fines apply.
The video depicts a female staff member refusing service to an unduly intoxicated patron.
The decision was made by the individual staff member without consultation. The refusal of service was
the correct decision, and required no consultation as the patron was breaking the law by being unduly
intoxicated on licensed premises.

Her decision to refuse service was based on her observations of the patron who displayed many outward signs
of being unduly intoxicated:

 bumping into or knocking over furniture

 annoying other customers and employees

 glassy eyes, lack of focus, loss of eye contact

 becoming agitated or argumentative


The steps taken by the staff member clearly demonstrated the correct steps to follow:

 Refuse service in a polite manner and state reasons for the refusal

 Speak to the intoxicated customer in a suitable and consistent manner, minimising confrontation and
arguments

 Allude to signage at the relevant time

 Provide assistance when refusing service

 Use appropriate communication and conflict resolution skills in handling the situation

Staff / Patron Communication

Refusal of service is an unavoidable factor of employment at licensed premises.


Clear communication during this process is a priority:

 The delivery of a verbal warning regarding current behaviours and concerns

 Tact—politely inform the patron you will not serve them any more alcohol.

 Repeat firmly, that by law they cannot be served another drink.

 Management policy may be to offer a non-alcoholic drink or to suggest ordering food.

 If considered necessary, the patron may be asked to leave the premises.


Stating the reasons for refusal of service is a critical element in eliminating the escalation of the situation.
Points to consider include:

 Politeness during the conversation

 Avoiding value judgements

 Minimise confrontation

 Clear explanation of the reason for refusal

 Maintain a calm voice and avoid raising it


Do’s and Don’ts of Service Refusal

 Do obtain agreement from a supervisor and notify security, if available, before speaking to the patron.

 Do be polite and avoid value judgements.

 Do point to posters/signs behind the liquor service point to reinforce your decision.

 Do explain the reason for refusal of service (e.g. continued bad language, inappropriate behaviour).

 Do offer (if appropriate) non-alcoholic beverages instead, or to phone a taxi or a friend to drive them
home. It is harder to get angry with someone offering to do something for you.

 Do make sure that they leave the premises safely and that they do not hang around outside.

 Do enter incidents relating to refusal of service in a log book, especially those involving threats or
aggression.

 Don’t call your patron a ‘drunk’ but warn them politely that their behaviour is unacceptable.
 Don’t be persuaded to give them ‘one last drink’ after you have stated that they have had enough.

 Don’t raise your voice. If they raise theirs, lower yours.

 Don’t put off refusal hoping that the patron will leave after the next drink—act while the patron can still
be reasoned with.

 Don’t judge other people.

 Don’t think the matter is over because you have verbally addressed it.

 Don’t tell them what to do or how to behave.

 Don’t let the issue go by because the patron has left.

Eviction

The licensee, an employee or agent (e.g. security) may require a person to leave the venue, if the person:

 is unduly intoxicated

 is disorderly

 is creating a disturbance

 is a minor (unless the minor is otherwise allowed on the premises)

 has been refused entry

 has refused to provide evidence of age when required to do so.


At certain times and depending on the circumstances, difficult situations may arise where it is important that
the most appropriate course of action is to refer responsibility for the matter to other persons to handle. The
other person is considered someone working internal to the licensed premises. The next in line must then
decide upon whether or not the situation may require intervention form emergency services.

The Liquor Act 1992 requires a person to leave when asked to do so. A liquor licensing investigator or police
officer is able to issue an on-the-spot fine of $569 if the person refuses to leave. Alternatively, the matter may
be dealt with by the courts and the offence may result in a fine of up to $2,277.

If a person fails to leave, the licensee, employee or agent may use necessary and reasonable force to remove
the person. The Liquor Act 1992 obviously does not encourage or authorise the use of violence or aggressive
behaviour. Licensees and staff should exercise extreme caution in relation to what constitutes reasonable and
necessary force. Ultimately, it is up to the courts to decide what was reasonable or necessary given a
particular set of circumstances.

If the person resists the licensee, employee or agent who is removing them from the premises, another offence
is committed. Again, an on-the-spot fine may be issued by an investigator or police officer if they are called to
the premises or the matter may be dealt with by the Courts. The offence attracts a maximum fine of $2,277.
Appropriate assistance

It is not an offence for the licensee if an unduly intoxicated person remains on the licensed premises.
The reason for this is to allow licensees some discretion in dealing with the patron. The licensee may be
concerned that evicting the patron to find their own transport may place them in danger. However, the patron
should be closely monitored to ensure there is no further access to liquor.

This does not mean that licensees can “balance out” the harm in serving a person to a state of undue
intoxication with caring for a patron after service is refused. If an unduly intoxicated person is found on the
premises, police or licensing investigators will ask why the patron is there, how they reached their current
state, and what action is being taken. Examples of the type of action being taken by the licensee may
include:

 allowing the patron to wait for friends to finish their drinks and take him/her home
 waiting for a spouse or friend to collect the patron or a staff member to finish duty and take the patron
home

 providing the patron water, coffee, food and time to sober up before tackling public transport.
The licensee is not immune from action being taken if a police officer or licensing investigator believes the
circumstances and particularly the undue intoxication level of patrons generally warrant further action.

Management, as part of their risk assessed management plan, may formulate a written policy to deal with
these situations so that all staff have a clear understanding of their responsibilities and steps to be taken.

Staff should be sure of the reasons for refusal of service and these reasons should not be discriminatory (race,
sex etc.). A person has the right to take the matter to the Human Rights and Equal Opportunity Commission if
they feel they have been subjected to discrimination. Remember, if the patron who just walked in is slurring, it
does not automatically mean they are unduly intoxicated. The person may have a disability. Common sense
must be applied in each case

Drink Spiking

Drink spiking happens more than you may realise. It is a growing problem, not just in Queensland, but around
the world. Research has shown the majority of drink spiking incidents occur in late night venues such as
nightclubs. However, it can happen anywhere—even at a private party. Drink spiking happens when alcohol or
another substance is added to a drink without the consumer knowing. Even though drink spiking is illegal, it
has occurred in Queensland. Drink spiking is a dangerous practice that can expose people to unsafe situations
including:

 assault

 robbery

 rape and sexual assault

 unsafe sex leading to unwanted pregnancy or sexually transmitted disease

 health affects of unknown drugs

 death.
Drink spiking is dangerous and can have serious criminal and health consequences.

Licensees can decide whether to provide drinking water free of charge by request, or for sale in bottled form,
as a precaution against drink spiking harm and intoxication.
The Office of Liquor and Gaming Regulation is working with other Queensland Government agencies,
licensees and community organisations to help stamp out this dangerous practice.

Due to the seriousness of this practice, staff should be aware of the steps to take if approached by a patron
who suspects a drink spiking incident:
1. If the patron becomes unwell or fails to respond to assistance - Call an ambulance
2. Ensure the patrons safety by accompanying them to a quiet area to wait for help
3. Strongly encourage any affected person to report the incident to the appropriate authorities
(ambulance, police, hospital staff etc)
After the incident it is imperative that the particular location where the patron was consuming alcohol is
secured as it may end up becoming a crime scene. Assistance to the investigating authorities would be greatly
aided by having the glass / bottle / container that contained the suspected spiked drink.

This type of incident would most definitely need to be recorded in the incident register / log book at the licensed
premises.
SECTION 5
Unduly Intoxicated and Disorderly

Unduly Intoxicated means "a state of being in which a person’s mental and physical faculties are impaired
because of consumption of liquor so as to diminish the person’s ability to think and act in a way in which an
ordinary prudent person in full possession of his or her faculties, and using reasonable care, would act under
like circumstances."
Reaching this point of undue intoxication should be avoided.

At the very least, you could act in a way that is embarrassing or regretful (especially if you have consumed
excessive quantities of alcohol around people who are limiting their drinks). You also risk ‘common’ problems
associated with excessive alcohol consumption such as vomiting, dehydration and hangover.
Patrons who can negatively affect both the atmosphere of the venue and the enjoyment of other patrons
include those who are unduly intoxicated or disorderly.
Under the Liquor Act 1992 it is an offence to sell liquor to, supply liquor to or allow liquor to be supplied to a
person who is either unduly intoxicated or disorderly.
Obvious Signs Obvious Signs Of Undue Intoxication

The best way for licensees and staff to determine if a person is unduly intoxicated is to observe behaviour and
signs of changing behaviour.

Some of the signs below may be helpful for this purpose. Unduly intoxicated persons may exhibit a
combination of these signs, although reasonable commonsense should be used at all times when refusing
service:

 bumping into or knocking over furniture

 annoying other customers and employees

 glassy eyes, lack of focus, loss of eye contact

 becoming agitated or argumentative

Obvious Signs Obvious Signs Of Undue Intoxication (Cont.)

The best way for licensees and staff to determine if a person is unduly intoxicated is to observe behaviour and
signs of changing behaviour.
Some of the signs below may be helpful for this purpose. Unduly intoxicated persons may exhibit a
combination of these signs, although reasonable commonsense should be used at all times when refusing
service:

 difficulty moving around objects

 falling down

 swaying and /or dozing while sitting at a bar or table

 clumsy or uncoordinated movements

 stumbling or change in gait

 crude behaviour

 spilling drinks or the inability to find one’s mouth with a glass

 inappropriate sexual advances

 becoming careless with money, buying rounds for strangers

 becoming loud and boisterous and making comments about others


 aggression or belligerence

 inability to light a cigarette

 letting a cigarette burn in an ashtray without smoking it

 inability to pick up change from table/bar

 rambling conversation, loss of train of thought

 altered speech patterns, such as slurred speech

 making irrational or nonsensical statements

Disorderly Patrons

A disorderly patron reduces the enjoyment / comfort levels of other patrons.

To be disorderly, a person does not need to be intoxicated or unduly intoxicated. This person could be sober
or under the influence of another substance. All staff (especially entrance staff) and even more so bar staff
need to be aware of the fact that illicit drug use is a major problem both in and around licensed premises and
the wider community in general. If at all suspicious, staff need to exercise due care and attention when dealing
with these patrons.
Some outward signs of a disorderly person could include:

 Aggressiveness

 Carelessness

 Violence

 Disruption

 Argumentative

 Boisterous

 Affecting patrons comfort/enjoyment level.

If permitted to remain on the premises, the potential for harm to staff or patrons is increased. The protection of
all is to be considered in the management of these individuals who negatively impact on the venue. Penalties
may apply if:

 the sale of alcohol to the disorderly patron is permitted.

 the supply of alcohol to the disorderly patron is permitted.

 the consumption of alcohol by the disorderly patron is permitted.


Obstruction Generally:

A person must not obstruct or hinder, or attempt to obstruct or hinder a licensee or permittee, or an employee
or agent of a licensee or permittee, in the exercise of a power or performance of a duty under the Liquor Act

It is an offence for a person to resist a licensee, employee or agent who is preventing them from entering the
premises. This offence attracts a maximum fine of $2,277.
Provision Of Drinking Water

Making drinking water available to patrons is the responsibility of every licensee and is essential to
minimising harm and intoxication. The Liquor Regulation 2002, which affects all Queensland
licensees, was amended to encourage licensees to make drinking water available to patrons free of
charge or at a reasonable price.

This amendment was made in response to concerns raised by the community about the lack of freely
available drinking water in some licensed premises. Under the Liquor Act 1992 licensees are
required to engage in practices and promotions that encourage the responsible consumption of
liquor and to provide a safe environment for patrons.

Staff Monitoring

Staff serving alcohol should maintain vigilance and constant awareness of patron intoxication levels
by employing the methods mentioned above, as well as observing:

 Changes in behaviour – change in gait, becoming agitated etc.

 Emotional state – increased risk taking, rambling speech patterns etc.

 Physical state – slurred speech, swaying / dozing etc.

 Noise levels - becoming loud, boisterousness etc.

Monitoring drink purchases is another helpful strategy in assessing customer intoxication levels.
Helpful methods to assist staff to monitor drink purchases may include observing:

 Customers ordering more than one drink at a time

 Multiple drinks being purchased as a ‘shout’ or ‘round’

 Ordering rate

 Patrons who order prior to finishing previous drink

Staff should also be aware of the consequences of consuming alcohol and other drugs / medication,
whether legal or illicit.

The relationship that exists between alcohol and other medications can result in a considerable
increase in a consumer’s chance of injury, illness or death. When particular drugs / selected
medications and alcohol struggle for absorption within the human body, the strength of the
medication and/or alcohol is often exaggerated.

Staff should therefore be constantly monitoring consumers for any emotional or physical signs of
the perceived effects of illicit drug use, which may include:

 Anxiousness

 Paranoia

 Stomach cramps
As the above symptoms can be caused by other non drug related conditions, staff should exercise
discretion when dealing with individual cases.
In line with all RSA principles, reasonable common sense should be used at all times.

SECTION 6

Who is a minor?

The Acts Interpretation Act 1954 states that “minor” means an individual who is under
18. Therefore any person under the age of 18 years in Queensland is considered a minor.

Risk Factors Effecting Minors

Young people (minors) are at an increased risk of encountering harm from consuming alcohol, for a
number of reasons:

 Ability to handle alcohol is effected by a generally smaller physical size

 Physical and mental stage of development

 Lacking in experience in consuming and handling alcohol and its effects

 Limited tolerance of the effects of alcohol consumption

Licensed Venues and Restrictions on Minors

On licensed premises (or at a place adjacent to licensed premises), minors cannot be:

 sold liquor;

 supplied liquor or allowed to be supplied liquor; or

 allowed to consume liquor.

By including a “place adjacent to licensed premises” offences around bottle shops or other venues
are captured.

It is also an offence for a minor to be ON licensed premises unless they are an “exempt minor”.

Licensees and staff are required to ensure that minors are not on the premises and remove them
from the venue as soon as they are found. Section 155(4) of the Liquor Act explains the term
“exempt minor”.
The previous video depicts a scene involving two underage female patrons being on licensed
premises.

The females approach the bar, order drinks and are served them by a male staff member who failed to
determine that they were of legal drinking age.

This action is observed by two Liquor Licensing officers who subsequently approach the females and discuss
with them the rules that had been broken as well as the associated fines.
In this particular situation the maximum fines for the offences committed could have been:
Patrons:
$2846 for non exempt minor on licensed premises
$2846 for minor consuming or possessing liquor on licensed premises
Licensee / Manager:
$28462 for supplying liquor to a minor
Bar Staff:
$9108 for supplying liquor to a minor
The negligence of the staff member serving alcohol was that he failed to accurately identify the age of the two
female patrons using suggested RSA methods of accurately checking valid and acceptable identification
documents.
Steps he should have taken include:

 Use personal discretion to make a judgement of the patrons’ ages

 Based on that judgement, request ID

 Check the validity and accuracy of the ID


 Refuse service of alcohol as the patrons were not of legal drinking age

 Request the patrons leave the licensed premises

Exempt Minors

Certain situations allow for minors to be exempt. In these circumstances, a minor may be allowed
on licensed premises if:

 the minor is a resident on the premises

 the minor is on the premises to perform duties as an employee of the owner

 perform duties while receiving training for employment or work experience

 the minor is attending a function being held on the premises

 the minor is eating a meal on the premises

 is accompanied by a responsible adult who is responsibly supervising the minor.

It must be noted however, that further restrictions also remain applicable to the above categories.
A minor is not an exempt minor merely because the minor is eating a meal on the premises or
accompanied by a responsible adult if the minor is on premises after 5p.m. Furthermore, if the
premises are being used for the conduct of business for the principal activity of providing
entertainment on the premises, a minor should not be on the premises, as no exemption exists.
Non Exempt Minors

All staff should be aware of the fact that a non exempt minor must not

 attend a licensed premises

 consume alcohol at a licensed premises

 purchase alcohol from a licensed premises

 be in the possession of alcohol ( except for performing duties clearly stated and recorded
by the owner / person in charge of the business)

Any minor in attendance on licensed premises is a serious offence to which severe and heavy
penalties apply. These penalties may and do involve other persons and are not related exclusively
to the minor. Staff and management can also be affected by the enforcement of these penalties.

Underage Events

Under certain licensing and or permit conditions, underage age events can be legally and responsibly
held on licensed premises.

Examples of underage events that may require a permit include:

 festivals and concerts (e.g. Big Day Out)

 school based events (e.g. formals)

 community based events (e.g. blue light discos)

 or for major sports, convention or entertainment facilities

Whilst the relevant Queensland Government regulatory body is generally supportive of `underage`
events, high levels of scrutiny will be applied to `all ages` events on licensed premises. Licensees
should be conscious of the problems that may occur if they conduct functions that cater for patrons
both under and over 18.

Responsible Adult

As previously noted, in certain circumstances a minor may be on a licensed premises under the
supervision of a responsible adult. So, who then, is defined as a responsible adult?

 A parent

 A step – parent

 A guardian

 An adult who has parental rights and responsibilities for the minor
Secondary / Irresponsible Supply of Alcohol To Minors

Following reforms to the Liquor Act 1992, irresponsible supply laws have been introduced to address
problems associated with minors consuming liquor at private premises.

While children below 18 are not permitted to Drink alcohol on licensed premises, some States and
Territories do not restrict young people drinking on private premises.

The new laws will not penalize parents / guardians who choose to educate their children in the
responsible consumption of liquor through supervised and limited consumption within the family
environment in private locations.

SECTION 7

Acceptable Proof Of Age

As the Liquor Act 1992 prevents the sale or supply of liquor to minors, it also details the specific
forms of personal identification (ID) that can be used by licensees, staff and security to check a
person’s age. The Australian ID Checking Guide details the acceptable proof of age ID in each State
and Territory.

In Queensland the following types of ID are acceptable to prove age:

 a current Australian driver’s or motorcycle rider’s licence or permit

 a current Australian or foreign passport

 a current State or Territory Government issued proof of age card

 other current ID cards approved by OLGR - Victorian Keypass and foreign driver’s licence are
the only two currently approved.

Foreign driver licences are accepted as evidence of age providing it has a photo and date of birth of
the licence holder. Where a foreign driver licence is not written in English, an international driver
permit issued in the foreign country of origin (and including a photo of the licence holder and
translation) must be presented with the foreign driver licence.

NOTE:

 Each of these forms of ID has a Photograph and date of birth.

 Each State and Territory has its own proof of age card. Queensland’s is the Adult Proof of
Age Card

 The Australian ID Checking Guide contains an example of a Victorian Keypass, the only non-
government ID that has been approved for use in Queensland .
Non Acceptable Proof of Age

 Birth certificate

 Photocopies of identity documents

 Bills

 Membership cards

 Bank cards

 Credit cards

 Medicare cards

ANY non photographic identity documents can only be used as supplementary ID

If minors are found on your premises, you (and your staff) may be prosecuted and fined up to $11
385.

Checking Identification

It is important for all staff to be able to quickly and accurately check a person’s identification
document. At certain licensed premises (e.g. nightclubs) where ID checks are usually carried out at
the entrance, it is still important that all bar staff request and check ID if in any way unsure of a
person`s age.

What staff should look for when checking ID:

 Familiarise yourself with the built-in security features for each ID card.

 It is suggested that staff actually look for anyone under 25 years of age, this way staff will
be screening a wider range of people and will pick up those minors who do look older than
they really are.

 Take the ID card from the patron and run fingers over it.

 Feel for pin pricks, lifted laminate, thicker than usual laminate, glued on photographs, dog
ears or split sides and anything else unusual.

 Feel for ridges between the photo and the card.

 Check the eye colour and height.

 Check for obvious scratching, use of permanent markers, any smudges in print or possible
blurring of typed dates of birth.

 Look for the Queensland Coat of Arms in the laminate, or holograms for other states.

 To assist in verifying the personal details ask the person their year or month of birth.
 If the ID appears to have been tampered with staff are required to confiscate it and return
it to OLGR (with the approved form).

 If there are any doubts about the person being 18 years of age, staff should refuse service
or refuse entry to the establishment (if minors are not allowed to be there).

 Additional supplementary ID that could be requested to back up photo ID includes:


Medicare card, credit or charge card or other IDs with signatures.

 Where a driver’s licence is presented and in the number appears the letter ‘D’, this indicates
a duplicate licence, and in these circumstances staff should request additional
supplementary identification as outlined in the dot point above.

If you do not ask to see identification and allow a minor onto the premises, you are liable for
prosecution.

False Representation of Age

Fake ID: It is an offence for a person to falsely represent themselves to be 18 years old with the
intent to enter licensed premises or being supplied with liquor.

If staff are shown ID that has been tampered with or believe it is being used by the wrong person,
staff must Confiscate the ID and forward it to OLGR with details of the incident.

Licensees and bar staff are not the only ones who may face disciplinary action. The minor and
anyone who tampered with the ID or allowed the minor to use their ID may face fines.

It is possible to take action not only against the person who used the ID, but also against the person
who gave them the genuine or fake ID, for example an older sibling. In some cases, the action may
be taken against a person who supplied their birth certificate or other documentation to a friend
who used it to obtain an ID. Defacing or Interfering with an ID is also an offence.

Confiscation of ID

Licensees, managers, staff and security have an obligation to confiscate and forward to OLGR:

 genuine ID – used by another person

 fake ID.

A confiscation report must be completed, the ID attached and forwarded to OLGR or regional office
to provide licensing officers with sufficient details to further investigate the incident.

The report should contain information that will assist OLGR to determine the type of offence that
has been committed and the appropriate course of action. The success of the investigation Relies
heavily on the information supplied in this report. Therefore, the details should be noted as soon
as possible while still fresh in the memory.

When a confiscated ID is received, OLGR’s investigators conduct enquiries and if necessary, obtain
further information from the licensee, manager, staff member or security. The Decision to
prosecute or issue an infringement notice is based on the seriousness of the offence.
Tips For Staff In Checking ID

 Examine ID in well–lit areas where alterations will be more easily spotted

 Do not inspect an ID through a patron’s wallet, ask the patron to remove it

 Take the ID from the patron and take your time examining it

 Feel around the photo, birth date and edges of the card, especially with cards enclosed in
plastic – wrinkles, bumps and air bubbles could mean the ID has been tampered with

 Compare the photo with the patron presenting the ID – do they match? Pay particular
attention to distinguishing facial features

 Calculate the date of birth on the ID does in fact confirm the patron is over 18 (licences can
be issued to 17 year olds)

You also need to be aware that replacement 18+ cards and licences now have a ‘D’ imprinted to
indicate a duplicate card has been produced. This should make it easier for you to detect fraudulent
18+ Cards and licences as they can now be easily distinguished from the original. If presented with
a duplicate card, you may want to ask for a secondary form of ID. If no alternative identification is
available, consider refusing entry and confiscating the ID.

Preventing Prosecution

One proactive method in attempting to prevent underage entry employed by licensed venues is the
approach of requesting ID for any patron under 25. This way, older looking underage patrons can
be identified and prevented entry.

Regardless of any systems in place at your venue, if staff haven’t personally seen a patron’s ID and
they have Suspicions the patron is underage, staff should check it for themselves. Even if security
check ID at the door, bar staff need to ask for ID if they have concerns about a patron as they can
still be held accountable for supplying liquor to an underage person. Other staff such as the duty
manager, supervisor and even glassies, need to be alert and check for ID as they move around the
venue – this provides valuable help to staff. Young people will often give themselves away through
their conversation, their inexperience with drinking and ordering alcohol.

Avoiding prosecution

The best way for you and your staff to avoid prosecution in relation to minors being on the premises
is to:

 ensure minors are not on the premises (unless there is an exception)

 train all new and existing staff and regularly remind all staff that minors are not generally
permitted by law in licensed premises and that if they knowingly allow a minor to enter,
they can be fined

 ensure all management and staff ask for evidence of age and are familiar with the Australian
ID checking guide
 ensure identification checking and responsible service of alcohol signage (available from the
Office of Liquor and Gaming Regulation at www.olgr.qld.gov.au), is prominently displayed
at entry and exit points and throughout the premises

 document all training and keep records to demonstrate due diligence.

SECTION 8

Liquor License

Each licensed premises is issued a licence document by OLGR. It contains details of the premises
name, address, the name of the licensee, the principal activity (i.e. main purpose) of the business
and the times within which the business may trade in liquor.

It is important to know the type of licence under which the premise operates to understand the
authority of the licence. This means the way in which liquor may be sold or supplied, which can vary
depending on the type of licence held. For example, only certain licence types are able to Sell take
away liquor. Once the type of licence is known, you can refer to Part 4 of the Liquor Act for details
about the authority of the licence.

Knowing when the licensed premises is Authorised to trade is also important because trading hours
may vary on different days of the week. For example, a hotel may trade from 10am to 12 midnight
from Sunday to Thursday and from 10am to 2am on Friday and Saturday, when they have live bands
playing.

Penalties apply to licensees and staff who supply liquor at an unauthorised time, in an unauthorised
quantity, in an unauthorised way or for an unauthorised purpose. It is therefore in everyone’s
interest to be aware of restrictions relating to the sale and supply of liquor.

Liquor License Types

The following licence types are available under the Liquor Act 1992:

 commercial hotel

 commercial other:

o subsidiary on-premises

o subsidiary off-premises

 bar

 industrial canteen

 producer/wholesaler

 commercial special facility

 community club:

o (large >2000 members)


o (Small <2000 members)

 community other.

The following licences are available under the Wine Industry Act 1994:

 wine licence

 wine Producer licence

 wine merchant licence.

Liquor License Special Conditions

Under the Liquor Act, the chief executive may impose conditions on licences and permits. Staff
should be aware of any conditions on the licence document that specifically relate to their licensed
premises, such as conditions that restrict entertainment noise, conditions relating to Indigenous
community restricted areas and conditions for late Trading premises in the Brisbane City Council
area.

Penalties also apply to licensees and staff responsible for Breaching a licence condition.

Indigenous Communities Special Conditions

Conditions which relate to restricted areas are aimed at reducing the supply of alcohol to Indigenous
communities. Four basic conditions have been imposed on most licensed premises situated in
catchment areas near Indigenous communities, including:

 no alcohol sales to taxi drivers who are acting as a third party

 no licensee can hold a patron`s bank access cards (EFTPOS)

 a ban on the sale of pre-mixed Spirits in containers exceeding two litres and all other liquor
in containers exceeding four litres

 a ban on the sale of fortified wines, such as port, muscat and sherry, in glass flagons.

These conditions do not apply in Cairns, Townsville and Mt Isa because of practical Difficulties in
conditioning all licensed premises in these large cities.

What is a RAMP

(Risk Assessed Management Plan)

Recent Amendments to the Liquor Act 1992 also included the introduction of a Risk Assessed
Management Plan (RAMP) to be undertaken as a Prequisite of the licensing process. This plan allows
for each licensee to identify local conditions and risks and demonstrate how their business is
meeting the Act’s first objective of harm minimisation.

A RAMP is defined as:

"a detailed document containing information about matters prescribed in a regulation related to the
licensee’s management practices and procedures at the premises."
What is the Purpose of a RAMP

The purpose of this document is to outline how the licensee or permitee will manage the Premises
in accordance with the first objective of the Liquor Act:

"to minimise harm caused by alcohol abuse and misuse."

What Does a RAMP Need To Address

 Principal activity to be conducted on the premises

 Maximum hours of operation

 Details of responsible service of alcohol initiatives

 Details of participation in a liquor accord in the locality (if applicable)

 Details of security (how many, when, for how long etc.)

 Provision of food (types of food, when it will be available etc.)

 Staff Training

 If amplified / outdoor entertainment is proposed how the impact on surrounding locality is


mitigated.

When is the RAMP required

The following applications must include a RAMP:

 New license applications

 Extended trading hours approvals

 Permanent variations of license application

 Permanent changes in licensed areas

 Transfers of Existing licenses

 Restricted liquor permits

Brisbane City Safety Action Plan

On 1 March 2005, the Queensland Government released the 17-point Brisbane City Safety Action
Plan to address violence in and around licensed premises in the Brisbane CBD. The plan
recommended a number of legislative Proposals to address inappropriate behaviour associated with
alcohol use in the Brisbane City Council (BCC) area after 1am, including:

 Standard conditions about crowd controllers

 Closed circuit television equipment

 Incident and training registers


 Drinking practices

 Complying with conditions

Liquor Accords

Liquor accords promote a co-operative approach to developing safe and well managed
environments in and around licensed premises. They support harm minimisation and responsible
serving principles and operate as a component of an overall strategy to ensure safety in the local
community and promote effective communication and problem solving between licensees and key
stakeholders.

Liquor accords were first established in New South Wales and Victoria. Due to their success as
mechanisms to manage local alcohol related issues, accords are now being established
nationwide. The success of the early accords has generated a drive by industry stakeholders to
participate in this essentially self regulating initiative that is underpinned by collaboration,
transparency and trust between all stakeholders. As at 30 June 2009, there were over 72 liquor
accords operating in Queensland.

The objectives of accords include but are not limited to:

 reducing anti-social behaviour in and around licensed premises

 increasing staff awareness of responsible service of alcohol principles

 improving licensees, managers and staff knowledge of legislative obligations

 enhancing community cooperation and understanding of the various roles and resources of
government agencies

 Reducing road trauma directly related to alcohol abuse

 enhancing community engagement in various controls and strategies that affect their
community

 improving local amenity.

Reduced numbers of reports to police and adverse media reports concerning alcohol related
incidents, including anti-social behaviour, street incidents, and malicious damage can provide a
measure for assessing the effectiveness of liquor accords.

Community Impact Statements

Following amendments to the Liquor Act 1992, the ‘community impact statement’ (CIS) has replaced
the ‘public interest assessment’.

What is a CIS?

The CIS is a submission about how activities on licensed premises will impact on the amenity of the
community in which it is located.
What does a CIS need to address?

 the existing and projected population and demographic

Trends in the locality

 the number of persons residing in, resorting to or passing through the locality, and their
respective expectations

 the likely health and social impacts that granting the application would have on the
population of the locality

 an assessment of the magnitude, duration and probability of the occurrence of the health
and social impacts

 the proximity of the proposed licensed premises or proposed premises to which the permit
is to relate to identified sub-communities within the locality, including, for example, schools
and places of worship and the likely impact on those sub-communities

SECTION 9

Responsible Promotions

Promotional activities have to be managed and planned as well as any other business activity. They
have the potential to jeopardise the safety of patrons and also to disturb the peace and good order
of the neighbourhood.

Responsible hospitality provisions require licensees to:

 behave responsibly in the service, supply and promotion of liquor

 not engage in any practice or promotion that may encourage rapid or excessive
consumption of liquor

 engage in practices and promotions that encourage the responsible consumption of liquor
and

 provide and maintain a safe environment in and around the licensed premises.

 ensure liquor is served, supplied and promoted in a way that is compatible with minimising
harm from the use of liquor and preserving the peace and good order of the neighbourhood
of the premises.

ACCEPTABLE practices and promotions that encourage the responsible consumption of liquor
include:

 deterring the rapid or excessive consumption of liquor, for example by stopping patrons
from taking part in skolling games

 having non-alcoholic and low alcohol beverages available


 having drinking water available, free or at a reasonable cost

 serving spirits in nips

 using glasses or jugs with measured quantities

 supplying liquor in labelled pre-packaged containers

 serving patrons half measures of spirits on request.

UNACCEPTABLE practices and promotions that encourage the responsible consumption of liquor
include:

Activities and promotions which encourage rapid and excessive consumption such as:

 promoting or conducting skolling games

 promoting drinks such as laybacks where a patron cannot monitor or control their
consumption

 consuming liquor from dispensers such as water pistols which do not allow a patron to
monitor their consumption

 promoting free or discounted liquor without providing an appropriate number of staff or


security persons to monitor and control patrons’ consumption of liquor

o Serving liquor in a yard glass

o serving liquor in a test tube shaped glass without providing a stand on which the
glass can be placed

 conducting free or discounted drink promotions without appropriate levels of staff or


security to monitor consumption levels

 producer/wholesalers or other persons supplying liquor on the condition that it is used to


promote or conduct an activity which encourages rapid or excessive consumption or
discourages patrons from monitoring or controlling their consumption of liquor

 supplying liquor in dispensers or containers that encourage rapid and excessive


consumption or prevent patrons from monitoring/controlling their consumption:

 yard glasses for consumption

 glasses which cannot be rested eg. test tubes.

 providing liquor to a patron while holding their EFTPOS card or other property in a way that
discourages the patron from monitoring or controlling their liquor spending.
ACCEPTABLE practices and promotions for providing and maintaining a safe environment in and
around premises include:

 helping patrons to arrange transport from the premises

 arranging the supply and convenient positioning of public telephones

 displaying telephone numbers for taxis and emergency services

 allowing staff to make telephone calls to arrange transport for patrons

 providing appropriate lighting inside and outside the premises

UNACCEPTABLE practices and promotions for providing and maintaining a safe environment in
and around premises include:

 promoting or conducting an activity that encourages harassment of patrons or staff.

o Eg. A licensee promotes and conducts a ‘wet T-shirt’ competition during which
discounted liquor is served to patrons. The licensee does not provide adequate staff
or security persons to monitor or control patrons’ behaviour and some patrons
become unduly intoxicated and harass other patrons and staff.

 Promoting or conducting an activity that encourages dangerous or unsafe behaviour

 Promoting or conducting an activity that encourages lewd and indecent behaviour

“Happy Hour” Promotions

Licensees and permittees are restricted in terms of particular types of promotional advertising

Drink promotions and happy hours are practices that may contribute to excessive and rapid
consumption of alcohol if not adequately controlled.

To ensure such activities are conducted responsibly, requirements for conducting drink promotions
and happy hours were introduced to the Liquor Regulation 2002 in April 2006.

Drink promotions and happy hours are still able to be held as long as they are conducted in a
responsible manner. They may be advertised:

 within the licensed premises on which they are to be conducted, provided the promotion
of cheaper drinks cannot be seen or heard from outside

However, they cannot be advertised externally if the promotion is for the liquor to be consumed on
the premises.
Theme nights and Liquor Prizes

Themed events and occasions such as ‘blondes nights’ or ‘student nights’ may still be held, provided
the conduct of the event or occasion does not encourage the rapid or excessive consumption of
liquor or otherwise promote intoxication.

Reward promotions such as a raffle where the prize is free liquor promotions may still be held,
provided it does not encourage excessive consumption of liquor or promote Intoxication.

This does not restrict low risk promotions, such as ‘beer of the month’ brand switching to encourage
the trial of a new product, or loyalty reward programs which are conducted over more than one
trading

Drink Cards Linked To Prizes

Promotional activities that require people to drink more than four standard drinks in a day to win a
prize other than alcohol are permitted providing:

 the terms and conditions ( and advertising) of the promotion make it clear to licensees,
serving staff and patrons that a maximum of four standard drinks can be redeemed on any
one day

 the date of each redemption can be identified

 related advertising includes a responsible consumption message.

Free sampling is permitted.

The restrictions on liquor advertising do not apply to liquor which is purchased for consumption off
the licensed premises.

RSA initiatives-Promotions

The following RSA promotions initiatives are in accordance with RSA harm minimisation principles:

 Free liquor and multiple quantities of liquor are not promoted off the premises.

 Management do not heavily discount or offer free alcohol to encourage drinking for
drinking’s sake.

 Management do not promote activities that encourage harassment of patrons or staff.

 Management choose to promote the amenity of the venue.

 Management strive to provide a relaxing, entertaining and enjoyable evening which


encourages patronage.

 Management and staff are here to ensure you have a good time, one which you remember,
and are pleased to return to have again.
Promotions Strategies to Prevent Undue Intoxication

Implementation of the following strategies will assist greatly in preventing undue intoxication inside
licensed premises throughout the course of a promotion.

 Take care with any drink promotions to ensure they are not encouraging rapid or excessive
consumption.

 Think ahead about big nights or special functions. Will there be enough suitably experienced
staff? Is there a need for licensed security? Will the venue need to limit numbers in certain
areas because of safety issues? Does management need to re-think food or use plastic cups
instead of glass? Does the taxi company need to be notified of closing time?

 If there is catering for a private function, make sure the host knows refusal of service may
occur (even if it is an all inclusive price). Use the host when refusing service to assist staff.

 Place water on the bar or the tables for patrons to help themselves.

 Promote non-alcoholic drinks to all patrons, not only drivers. Have a weekly list of mocktails
or have a drink special, for example a new imported mineral water.

 Assess the patron each time they are served (either at the bar or by table service).

 Don’t put salty foods like peanuts or chips on the bar, they will only encourage patrons to
drink more.

 Promote your food – some finger size sample of what’s on the menu can provoke interest.
Staff can chat with patrons about the great specials to encourage sales.

 Promoting food can also encourage return visits by patrons to bring friends, partners or the
family along, leading to more sales and hopefully more sober patrons and a better
atmosphere.

 All staff should observe patrons and inform bar staff of any concerns.

 Glassies are in prime position for early detection of undue intoxication, underage drinking
etc.

 Don’t just observe the patron, become familiar with the group particularly if a different
patron comes to the bar each time in a shout.

 If there are concerns about a patron, refuse service, deal with the problem at hand before
it becomes a bigger issue.
Promotions Strategies to Prevent Alcohol Abuse / Misuse

The management of particular promotional activities in the venue can be difficult for staff and
security from time to time. All venue representatives including bar staff need to be aware of their
responsibility to comply with the Liquor Act 1992 above and beyond any requests from the sponsors
of an event. Monitoring the supply of alcohol during any given promotion is essential.

 If the occasion is particularly busy, utilising the help of others such as empowering the
glassies to be aware of certain groups of customers who may be overly boisterous

 refusal of requests for multiple purchases or customers who regularly return to take
advantage of the promotion

 stock-piling of alcoholic beverages is not allowed

 slowing down the service/supply of alcohol to individuals who attempt to abuse the
situation

 encourage consumption of low and non-alcoholic beverages.

Identifying problems early and acting on them is ultimately the most effective tool in the
management of all.

SECTION 10

The Venue

Strategies aimed at harm minimisation on licensed premises include but are not limited to:

 Ensuring premises are adequately lit. This will discourage drug dealing, sexual harassment
and unwanted loitering.

 Providing free or reasonably priced water for patrons.

 Serving alcohol in measured glasses so people can monitor their standard drinks.

 Using signage advising patrons of their rights and responsibilities.

 Making sure public phones are accessible, especially after closing time.

 Ensuring fire exits are designated with lit fire exit signs and not blocked or locked from
inside.

 Placing public phones in an appropriate area, having taxi and emergency numbers on display

Crowd Controllers

As patron behaviour is the responsibility of the licensee, crowd controllers are often employed /
contracted to assist in this endeavour.
For venues which reach complete capacity, a stationary crowd controller situated on a raised area
may be the only realistic method of identifying potential problems before the escalation to violent
acts.

When crowd controllers work at a public venue, a register must be kept with details of the
controllers on duty and any incidents that occur. OLGR or Office of Fair Trading investigators and
police can inspect the register at any time. The register must contain:

 name, residential address and licence number of crowd controllers

 the security firm’s name and address

 details of the crowd controller’s identification (i.e. the ID number issued by the venue)

 start and finish times for each controller

 details of every incident in which a person is injured, or removed from a public place by the
crowd controller

Patron Behaviour

It is the responsibility of the licensee / manager to ensure the onsite behaviour of the crowd in
attendance is appropriate and safe towards themselves, others and property.

Steps towards positive crowd behaviour management include:

 Refuse entry to intoxicated people and minors.

 Discourage unsafe practices that are likely to cause harm.

 Do not allow people to leave your premises with open containers of alcohol, such as
stubbies, cans or glass. This could be interpreted as tolerating patron consumption of liquor
in a public place or while driving, both of which are against the law.

 Supervise taxi ranks outside of your premises. If fights tend to break out among people
waiting in line, pre-plan by advising the taxi company of your closure times.

 Discourage groups of people from lingering

 Do not overcrowd—it is harder for security to observe and can affect safe and effective
evacuation.

 Licensees must not let or encourage patrons to engage in behaviour that is likely to cause
harm.

 Monitor and record entertainment noise near the source every hour to ensure it does not
exceed the noise levels outlined on your liquor licence.

 Consider displaying your risk-assessed management plan. This will indicate to your patrons
your commitment to responsible service of alcohol.
Many licensees may not be aware that they are responsible for the behaviour of their patrons
outside the premises and even in the neighbourhood of the premises

Noise

Around 33 per cent of complaints received each year by the Office of Liquor and Gaming Regulation
(OLGR) are related to excessive noise from licensed premises, usually due to loud entertainment
and noisy patrons in and near the premises.

It is the responsibility of all licensees and permittees to ensure noise coming from their
establishment does not exceed the noise limit that is a condition of their licence.

This includes noise from:

 entertainment

 patrons at, entering or leaving the premises

 motors including generators and air conditioning units.

It is the responsibility of the licensee to make every effort to ensure the impact of entertainment,
patrons and other venue related noise does not negatively impact on local residents and businesses.

The current noise restrictions are 75 decibels if no entertainment is to be conducted or if no acoustic


report is submitted. However, for the purposes of day-to-day monitoring outside the premises, staff
would not need to use a noise meter. They should instead ensure that noise from the premises
cannot clearly be heard at any neighbouring residence, as the prescribed limit closely equates to
this level of noise. For example, entertainment noise should not be so loud as to allow the words of
the songs or the bass beat to be clearly audible at a neighbouring residence.

If an acoustic report indicates the premises can contain a specified noise level, a licence condition
will limit any noise source to this level.

Provision of Non Alcoholic Beverages and Food

In adherence with a harm minimisation approach, a responsible practice to discourage the excessive
and rapid consumption of alcohol is the active promotion of non – alcoholic drinks and the provision
of food.

 Offer and promote low alcohol beer at reasonable prices compared to full strength.

 Offer and promote a range of non alcoholic drinks at reasonable prices.

 Ensure cool water is available for free or purchase at reasonable prices.

 Provide and promote reasonably priced snacks and food throughout operating hours, where
available.

All staff serving alcoholic drinks should be aware of the particular house policy regarding this matter
and be confident, competent and consistent in their promotion.
House Policy

A House Policy is a document that details wide ranging information on how the licensed premises is
operated. Whilst every house policy is unique and different, most documents would include some
reference to:

 The overall direction and the intended outcomes in terms of general atmosphere and vibe

 Particular entertainment being offered

 Intended patron enjoyment and ambience

 Licensed premises expectation and execution of Responsible Service of alcohol principles

 Dedication towards the provision of a pleasurable environment

 Commitment to providing the safest environment possible

 Licensee / Management assurance to training a friendly, professional and responsible staff


team.

 Responsible promotion of the venue

The video exert depicts two liquor licensing officers investigating staff training provisions and
record keeping after detecting offences under the Liquor Act:

 minors present on licensed premises

 minors purchasing liquor on licensed premises

 minors consuming liquor on licensed premises

Due to the accurate record keeping an up to date house policy, management avoided prosecution
for the above mentioned offences.

The employee, however was recommended for prosecution due to the fact that he was negligent in
not clarifying the age of both females who approached the bar.

Trading Times

Proactive care of patrons after closing time should assist in reducing negative incidents in the vicinity
of the establishment.

Staff members should avoid advising patrons of the imminent closure of the bar (e.g. last drinks).
Such an announcement may encourage excessive and or rapid consumption and the stockpiling of
alcohol. Allowing the consumption of liquor after license required closing time can result in fines for
the staff members responsible for such a breach. Patrons will tend to disperse more quickly if
lighting is increased once the bar has closed.
This typifies a strict attention from all staff to only operating within the licensed opening and closing
times that is required to remain compliant with current legislation

OLGR Compliance Officers

Compliance officers conduct proactive, educational and investigative activities in order to achieve
compliance. Such functions include:

 proactive risk assessments of licence applications prior to a licence being issued

 proactive educational assistance to licensees, other regulatory authorities and the public

 compliance investigations of premises during day time hours and peak trading hours at night

 investigations into complaints made by members of the Community and from information
provided by the Queensland Police Service, peak industry bodies and licensees.

Compliance officers are currently located in:

 CairnsTownsville

 Mt Isa

 Mackay

 Rockhampton

 Hervey Bay

 Sunshine Coast

 Toowoomba

 Gold Coast and

 Brisbane

SECTION 11

Refusal of Entry Service and Eviction Signage

It’s against the law for anyone to supply liquor to people who are any of the following:

 drunk

 disorderly

 under 18

The sale and supply of liquor to unduly intoxicated persons carries heavy fines.
Management: $56,925

Staff: $9,108

We can’t afford that. You won’t be served.

No more. It’s the law.

If you are asked to leave these premises and refuse, it is an offence!

Maximum penalty:
$2,277

Management
reserve the
right to refuse
entry to any
patron

Management is legally required to refuse service to intoxicated patrons

and

has the right to set a minimum standard of dress and behaviour

If you refuse to
leave the premises
when requested
by management,
you can be fined.

On-the-spot fine: $569

Management
support staff
who refuse
service to
intoxicated or
underage patrons

http://www.olgr.qld.gov.au/resources/liquorDocs/AgainstTheLaw.pdf

http://www.olgr.qld.gov.au/resources/liquorDocs/Fines.pdf

http://www.olgr.qld.gov.au/resources/liquorDocs/NoMoreItsTheLaw.pdf

http://www.olgr.qld.gov.au/resources/liquorDocs/RefuseEntry.pdf

http://www.olgr.qld.gov.au/resources/liquorDocs/RefuseService.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/RefusingToLeave.pdf

http://www.olgr.qld.gov.au/resources/liquorDocs/StaffSupport.pdf

Fines Relating To Eviction

Maximum Fines For Patrons

Person resisting eviction by a licensee $2,846

Hindrance of a licensee $11,385

Unduly Intoxicated and Disorderly Signage

It’s against the law for anyone to supply liquor to people who are any of the following:

 drunk
 disorderly
 under 18
The sale and supply of liquor to unduly intoxicated persons carries heavy fines.

Management: $56,925

Staff: $9,108

We can’t afford that. You won’t be served.

Management
support staff
who refuse
service to
intoxicated or
underage patrons
http://www.olgr.qld.gov.au/resources/liquorDocs/AgainstTheLaw.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/Fines.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/StaffSupport.pdf

Fines Relating To Unduly Intoxicated and


Disorderly
Maximum Fines For Patrons
Supplying liquor to a person who is unduly intoxicated $ 9,108
Supplying liquor to a person who is disorderly $ 9,108
Drunk or disorderly / creating a disturbance on licensed premises $ 2,846
Maximum Fines For Bar / Security and Other Staff
Supplying liquor to a person who is unduly intoxicated $ 9,108
Supplying liquor to a person who is disorderly $9,108
Maximum Fines for Licensee, and Managers
Supplying liquor to a person who is unduly intoxicated $56,925
Supplying liquor to a person who is disorderly $56,925
Failure to provide water free or at a reasonable cost $4 554

Minors Signage
Do you know the following fines apply to anyone under 18 drinking alcohol?

You: $2,846
Management: $28,462
Staff: $9,108
We can’t afford that.
Can you?

Under 18s
are
not permitted
beyond this
point
Management
support staff
who refuse
service to
intoxicated or
underage patrons
http://www.olgr.qld.gov.au/resources/liquorDocs/DoYouKnow.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/IfYouAreUnder18.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/StaffSupport.pdf

Fines Overview
Consuming alcohol for anyone above the age of 18 is legal. The law however is clear and precise about the restrictions on
persons under the age of 18. As a minor (any person under the age of 18 is considered a minor in Queensland) the laws are
specific and severe regarding underage interaction with alcohol.

Whilst the below is only a quick overview of the range of offences covered under current Queensland legislation, minors
need to be very mindful of their actions when near or around alcohol.

It must be noted here that whilst minors are the focus of these laws and subsequent fines, the law extends much further than
merely fining minors for illegal interaction with alcohol. The current laws are also very clear and detailed concerning the fines
and penalties for others who fail to prevent underage alcohol possession and usage, such as friends, bar staff and licensees
/ permittees.

As can be seen below, the potential for two different fines exist for each offence listed. To provide for effective and timely
enforcement of liquor laws, the Liquor Act 1992 (Act) provides for the issue on the spot fines for specified breaches of liquor
laws. Should a summons and subsequent court appearance follow, the total maximum fine provision increases dramatically.

Fines Relating To Minors


Maximum Fines For Patrons
On the
Section Code Ticket Short Title Maximum
Spot

157 (1) 002 Non-exempt minor on licensed premises 341 $2,846

Minor consuming or possessing liquor on a licensed


157 (2) 003 $341 $2,846
premises

158 (1) 004 Minor falsely representing himself or herself to be of age $341 $2,846

156 (1) 007 Supplying liquor to a minor $1,138 $9,108

Maximum Fines For Bar / Security and Other Staff


Supplying liquor to a minor $ 9,108
Allowing a minor to enter the premises $11,385
Maximum Fines for Licensee, and Managers
Supplying liquor to a minor $28,462
Not ensuring that minors are not on the premises $11,385
Licensee failing to remove minor on licensed premises $11,385

Fines Relating To Identification


Maximum Fines For Patrons
False representation of being 18+ for a wrongful purpose $2,846
Make a false document that could reasonably be taken to
be genuine acceptable evidence of age $2,846
Giving ‘acceptable evidence of age’ to another person$4,554
Defacing or interfering with ‘acceptable evidence of age’ $4,554
Minor consuming or possessing liquor on a licensed premises $2,846
Maximum Fines For Bar / Security and Other Staff
Failure to confiscate fake ID and give to an investigator $2,846
Failure to maintain confidentiality while checking identities $3,984
Maximum Fines for Licensee, and Managers
Failure to confiscate fake ID and give to an investigator $2,846

liquor Licensing Signage


No
takeaway
sales
permitted
We are proud to be a member of our local licensed venue association and abide by their code of
conduct.
http://www.olgr.qld.gov.au/resources/liquorDocs/NoTakeawaySales.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/Proud.pdf

Fines Relating To Liquor License Breaches


Maximum Fines For Licensee, and Managers
Sale of liquor after authorised trading hours $11,385
Allowing liquor to be consumed on premises after authorised hours $11,385
Allowing liquor to be removed from premises after authorised hours $11,385
Failure to comply with any condition on the licence $ 4,554

Fines Relating to Promotions

Maximum Fines for Licensee, and Managers

Failure of licensee to provide and maintain a safe environment in and around the premises $11,385

The licensee or permittee must engage in practices and promotions that encourage the responsible
consumption of liquor $11,385

The licensee or permittee must not engage in a practice or promotion that may encourage rapid or
excessive consumption of liquor $11,385

A licensee or permittee must not advertise or cause to be advertised

 free liquor; or

 multiple quantities of liquor; or

 the sale price of liquor for consumption on the advertised premises; or

 a promotion that is likely to indicate to an ordinary person the availability of liquor, for
consumption on the advertised premises, at a price less than normally charged for the
liquor. $11,385

Advertised means:

 signage

 print

 orally

 electronically

Assesment

Safe Drinking Levels


Due to the different ways that alcohol can affect people, there is no amount of alcohol that can be said to be safe for
everyone. People choosing to drink must realise that there will always be some risk to their health and social well-being.
However, there are ways to minimise the risks.
The National Health and Medical Research Council have developed new National Guidelines for alcohol consumption to help
reduce the risk of harm from alcohol.

The guidelines recommend:


 For healthy men and women - drinking no more than two standard drinks on any day reduces the risk of harm from
alcohol-related disease or injury over a lifetime.
 For children and young people under 18 years of age - not drinking is the safest option.
 Pregnant women, or women planning a pregnancy, or those breastfeeding - not drinking is the safest option.
Drinking no more than four standard drinks on a single occasion reduces the risk of alcohol-related injury arising from that
occasion.

http://alcohol.gov.au/

Samples

Taste testing and sampling of products can be a great way of introducing customers to new and
exciting drink products that they may have been reluctant to try in the past. If not performed
properly and hygienically however, samples can become an unacceptable risk to our obligations in
regard to the Responsible Service of Alcohol.

It is imperative that samples being offered are done so only after careful consideration of certain
variables:

 Liquor must be served in standardised quantities that can be recognised by patrons

 Suggested serving size would be a 50ml (or less) marked and measured cup

 Alcohol content of the drink to be sampled must be displayed


 Sampling should take place in a suitable area such as a designated bar, restaurant or
function room

 Sampling provided in a retail environment such as a bottleshop where patrons are


predominately driving a car would require a risk assessment in relation to the product
provided for tasting.

 Samples must be served by persons or staff who currently hold an RSA certificate.

Why RSA

RSA means serving and supplying liquor in a responsible manner and in accordance with the law. It
means that licensees and staff who sell or supply liquor are required to conduct their business in a
responsible manner. Licensees, managers and staff may all be held accountable for their actions.

Irresponsible conduct comes at a cost to business, the community and the government. Research
suggests a strong association between alcohol, violence, crime and anti-social behaviour, including
street offences, assault, malicious damage, domestic violence and noise complaints.

It is also associated with a number of adverse health consequences including liver cirrhosis, mental
illness, several types of cancer, pancreatitis and damage to an unborn foetus

Appropriate assistance

It is not an offence for the licensee if an unduly intoxicated person remains on the licensed premises.

The reason for this is to allow licensees some discretion in dealing with the patron. The licensee
may be concerned that evicting the patron to find their own transport may place them in
danger. However, the patron should be closely monitored to ensure there is no further access to
liquor.

This does not mean that licensees can “balance out” the harm in serving a person to a state of undue
intoxication with caring for a patron after service is refused. If an unduly intoxicated person is found
on the premises, police or licensing investigators will ask why the patron is there, how they reached
their current state, and what action is being taken. Examples of the type of action being taken by
the licensee may include:

 allowing the patron to wait for friends to finish their drinks and take him/her home

 waiting for a spouse or friend to collect the patron or a staff member to finish duty and take
the patron home

 providing the patron water, coffee, food and time to sober up before tackling public
transport.

The licensee is not immune from action being taken if a police officer or licensing investigator
believes the circumstances and particularly the undue intoxication level of patrons generally
warrant further action.
Management, as part of their risk assessed management plan, may formulate a written policy to
deal with these situations so that all staff have a clear understanding of their responsibilities and
steps to be taken.

Staff should be sure of the reasons for refusal of service and these reasons should not be
discriminatory (race, sex etc.). A person has the right to take the matter to the Human Rights and
Equal Opportunity Commission if they feel they have been subjected to discrimination. Remember,
if the patron who just walked in is slurring, it does not automatically mean they are unduly
intoxicated. The person may have a disability. Common sense must be applied in each case.

Unduly Intoxicated and Disorderly

Unduly Intoxicated means "a state of being in which a person’s mental and physical faculties are
impaired because of consumption of liquor so as to diminish the person’s ability to think and act in
a way in which an ordinary prudent person in full possession of his or her faculties, and using
reasonable care, would act under like circumstances."

Reaching this point of undue intoxication should be avoided.

At the very least, you could act in a way that is embarrassing or regretful (especially if you have
consumed excessive quantities of alcohol around people who are limiting their drinks). You also risk
‘common’ problems associated with excessive alcohol consumption such as vomiting, dehydration
and hangover.

Patrons who can negatively affect both the atmosphere of the venue and the enjoyment of other
patrons include those who are unduly intoxicated or disorderly.

Under the Liquor Act 1992 it is an offence to sell liquor to, supply liquor to or allow liquor to be
supplied to a person who is either unduly intoxicated or disorderly.

Under the Liquor Act 1992 it is an offence to sell liquor to, supply liquor to or allow liquor to be
supplied to a person who is unduly intoxicated only, as the same does not apply to a disorderly
patron.

Who is a minor?

The Acts Interpretation Act 1954 states that “minor” means an individual who is under
18. Therefore any person under the age of 18 years in Queensland is considered a minor.
Checking Identification

It is important for all staff to be able to quickly and accurately check a person’s identification
document. At certain licensed premises (e.g. nightclubs) where ID checks are usually carried out
at the entrance, it is still important that all bar staff request and check ID if in any way unsure of a
person`s age.

What staff should look for when checking ID:

 Familiarise yourself with the built-in security features for each ID card.

 It is suggested that staff actually look for anyone under 25 years of age, this way staff will
be screening a wider range of people and will pick up those minors who do look older than
they really are.

 Take the ID card from the patron and run fingers over it.

 Feel for pin pricks, lifted laminate, thicker than usual laminate, glued on photographs, dog
ears or split sides and anything else unusual.

 Feel for ridges between the photo and the card.

 Check the eye colour and height.

 Check for obvious scratching, use of permanent markers, any smudges in print or possible
blurring of typed dates of birth.

 Look for the Queensland Coat of Arms in the laminate, or holograms for other states.

 To assist in verifying the personal details ask the person their year or month of birth.

 If the ID appears to have been tampered with staff are required to confiscate it and return
it to OLGR (with the approved form).

 If there are any doubts about the person being 18 years of age, staff should refuse service
or refuse entry to the establishment (if minors are not allowed to be there).

 Additional supplementary ID that could be requested to back up photo ID includes:


Medicare card, credit or charge card or other IDs with signatures.

 Where a driver’s licence is presented and in the number appears the letter ‘D’, this
indicates a duplicate licence, and in these circumstances staff should request additional
supplementary identification as outlined in the dot point above.

If you do not ask to see identification and allow a minor onto the premises, you are liable for
prosecution

If you do not ask to see identification and allow a minor onto the premises, you are liable for
prosecution.
Liquor License Special Conditions

Under the Liquor Act, the chief executive may impose conditions on licences and permits. Staff
should be aware of any conditions on the licence document that specifically relate to their licensed
premises, such as conditions that restrict entertainment noise, conditions relating to Indigenous
community restricted areas and conditions for late Trading premises in the Brisbane City Council
area.

Penalties also apply to licensees and staff responsible for Breaching a licence condition.

“Happy Hour” Promotions

Licensees and permittees are restricted in terms of particular types of promotional advertising

Drink promotions and happy hours are practices that may contribute to excessive and rapid
consumption of alcohol if not adequately controlled.

To ensure such activities are conducted responsibly, requirements for conducting drink
promotions and happy hours were introduced to the Liquor Regulation 2002 in April 2006.

Drink promotions and happy hours are still able to be held as long as they are conducted in a
responsible manner. They may be advertised:

Drink promotions and happy hours are no longer able to be held under any circumstances.

 within the licensed premises on which they are to be conducted, provided the promotion
of cheaper drinks cannot be seen or heard from outside

However, they cannot be advertised externally if the promotion is for the liquor to be consumed
on the premises.

The Venue

Strategies aimed at harm minimisation on licensed premises include but are not limited to:

Strategies aimed at harm minimisation strategies include but are not limited to:

 Ensuring premises are adequately lit. This will discourage drug dealing, sexual harassment
and unwanted loitering.

 Providing free or reasonably priced water for patrons.

 Serving alcohol in measured glasses so people can monitor their standard drinks.

 Using signage advising patrons of their rights and responsibilities.

 Making sure public phones are accessible, especially after closing time.

 Ensuring fire exits are designated with lit fire exit signs and not blocked or locked from
inside.
 Placing public phones in an appropriate area, having taxi and emergency numbers on
display

Compliance Signage

In the interest of our customers’ enjoyment, health and safety, this establishment offers:

 non-alcoholic drinks

 low and mid-strength drinks

 food with drinks

 advice on transport options.

Please be
considerate of
our neighbours
when leaving
these premises
We are responsible hosts:

 our staff are trained and courteous

 we care for our customers’ safety

 we do not disturb our neighbours


http://www.olgr.qld.gov.au/resources/liquorDocs/CustomerSafety.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/PleaseBeConsiderate.pdf
http://www.olgr.qld.gov.au/resources/liquorDocs/Responsible.pdf

Fines For Non Compliance


Maximum Fines for Licensee, and Managers
Licensee employs unlicensed crowd controllers $11,385

Failure to display appropriate signage $ 2,846

Failure to give or give false name, age or address $ 2,846

Failure to answer questions asked by an investigator $11,385

Obstructing an investigator $22,770

Maximum Fines for Bar/Security and Other Staff


Failure to give or give false name, age or address $ 2,846

Failure to answer other questions asked by an investigator $11,385

Obstructing an investigator $22,770

Make a false or misleading statement $11,385

Maximum Fines for Patrons


Failure to give or give false name, age or address $ 2,846

Failure to answer other questions asked by an investigator $11,385

Obstructing an investigator $22,770

Make a false or misleading statement $11,385


At Risk Groups

The ability of staff to easily and quickly identify at risk groups is crucial in implementing
responsible service of alcohol initiatives. The sale and service of alcohol to these at risk groups
carries with it associated issues which must be processed by staff in the successful performance of
their duties.

At risk groups include, but are not limited to:

 Young customers

 Women

 Aboriginal and Torres Strait Islanders

 People from non – English speaking backgrounds

 Minors

Young customers: Several recent studies have indicated that young people have the highest
alcohol consumption rate of all age groups. 18 – 25 years olds consume more alcohol per capita
than any other age group. This age group also suffer the highest rate of alcohol related injuries and
death from:

 road trauma

 preventable injuries (falls, drowning)

 suicide

Women: In general, women consume considerably less alcohol than men and are much less likely
to suffer from alcohol abuse than are men. Conversely, however, women are much more likely to
suffer the chronic and acute effects caused by alcohol consumption, mostly due to genetic body
composition differences. Even after size and weight has been accounted for, women consuming
the same amount of alcohol as men will suffer the negative consequences of alcohol to a much
higher degree than will men. To this effect, safe drinking levels for women are considerably lower
than men.

Aboriginal and Torres Strait Islanders: The 2002 National Aboriginal and Torres Strait Islander
Social Survey and the 2004 National Aboriginal and Torres Strait Islander Health Survey (NATSIHS)
estimate the rates of risky and high risk consumption of alcohol by Indigenous Australians at 15%
and 16%, respectively. The 2004 and 2007 National Drug Strategy Household Surveys calculated
the short term high risk consumption was 39% for Indigenous Australians and 21% for non-
Indigenous Australians. Long-term high-risk consumption was 23% for Indigenous Australians and
10% for non- Indigenous Australians.

People from Non – English speaking backgrounds: The obvious language barrier that this at risk
group face creates risks that must be incorporated into sales and service of alcoholic products.
OLGR and house produced signs and fact sheets and standard drinks labelling may need careful
explanation and attention to detail for this category of customers.
Minors: As the brain continues to develop into the early twenties, the early introduction of alcohol
poses a serious challenge to maintaining general health and well being. For this and many other
reasons, alcohol service to minors is Strictly illegal.

Samples

Taste testing and sampling of products can be a great way of introducing customers to new and
exciting drink products that they may have been reluctant to try in the past. If not performed
properly and hygienically however, samples can become an unacceptable risk to our obligations in
regard to the Responsible Service of Alcohol.

It is imperative that samples being offered are done so only after careful consideration of certain
variables:

It is imperative that samples being offered are done so only after careful consideration of
certain variables.

 Liquor must be served in standardised quantities that can be recognised by patrons

 Suggested serving size would be a 50ml (or less) marked and measured cup

 Alcohol content of the drink to be sampled must be displayed

 Sampling should take place in a suitable area such as a designated bar, restaurant or
function room

 Sampling provided in a retail environment such as a bottleshop where patrons are


predominately driving a car would require a risk assessment in relation to the product
provided for tasting.

 Samples must be served by persons or staff who currently hold an RSA certificate.

Appropriate assistance

It is not an offence for the licensee if an unduly intoxicated person remains on the licensed
premises.

It is an offence for the licensee if the unduly intoxicated person remains on the licensed
premises to allow licensees some discretion in dealing with the patron

The reason for this is to allow licensees some discretion in dealing with the patron. The licensee
may be concerned that evicting the patron to find their own transport may place them in
danger. However, the patron should be closely monitored to ensure there is no further access to
liquor.

This does not mean that licensees can “balance out” the harm in serving a person to a state of
undue intoxication with caring for a patron after service is refused. If an unduly intoxicated person
is found on the premises, police or licensing investigators will ask why the patron is there, how
they reached their current state, and what action is being taken. Examples of the type of action
being taken by the licensee may include:
 allowing the patron to wait for friends to finish their drinks and take him/her home

 waiting for a spouse or friend to collect the patron or a staff member to finish duty and
take the patron home

 providing the patron water, coffee, food and time to sober up before tackling public
transport.

The licensee is not immune from action being taken if a police officer or licensing investigator
believes the circumstances and particularly the undue intoxication level of patrons generally
warrant further action.

Management, as part of their risk assessed management plan, may formulate a written policy to
deal with these situations so that all staff have a clear understanding of their responsibilities and
steps to be taken.

Staff should be sure of the reasons for refusal of service and these reasons should not be
discriminatory (race, sex etc.). A person has the right to take the matter to the Human Rights and
Equal Opportunity Commission if they feel they have been subjected to
discrimination. Remember, if the patron who just walked in is slurring, it does not automatically
mean they are unduly intoxicated. The person may have a disability. Common sense must be
applied in each case.

Staff Monitoring

Staff serving alcohol should maintain vigilance and constant awareness of patron intoxication
levels by employing the methods mentioned above, as well as observing:

 Changes in behaviour – change in gait, becoming agitated etc.

 Emotional state – increased risk taking, rambling speech patterns etc.

 Physical state – slurred speech, swaying / dozing etc.

 Noise levels - becoming loud, boisterousness etc.

Monitoring drink purchases is another helpful strategy in assessing customer intoxication levels.
Helpful methods to assist staff to monitor drink purchases may include observing:

 Customers ordering more than one drink at a time

 Multiple drinks being purchased as a ‘shout’ or ‘round’

 Ordering rate

 Patrons who order prior to finishing previous drink

Staff should also be aware of the consequences of consuming alcohol and other drugs /
medication, whether legal or illicit.

The relationship that exists between alcohol and other medications can result in a considerable
increase in a consumer’s chance of injury, illness or death. When particular drugs / selected
medications and alcohol struggle for absorption within the human body, the strength of the
medication and/or alcohol is often exaggerated.

Staff should therefore be constantly monitoring consumers for any emotional or physical signs of
the perceived effects of illicit drug use, which may include:

 Anxiousness

 Paranoia

 Stomach cramps

As the above symptoms can be caused by other non drug related conditions, staff should exercise
discretion when dealing with individual cases.
In line with all RSA principles, reasonable common sense should be used at all times.

Responsible Adult

As previously noted, in certain circumstances a minor may be on a licensed premises under the
supervision of a responsible adult. So, who then, is defined as a responsible adult?

 A parent

 A step – parent

 A guardian

 An adult who has parental rights and responsibilities for the minor

Under the Liquor Act 1992 it is an offence to sell liquor to, supply liquor to or allow liquor to be
supplied to a person who is unduly intoxicated only, as the same does not apply to a disorderly
patron.

Your Answer :

true

Correct Answer : false