17979 on-premises licensees - vetres · 3.3 removal of hotelier’s licence s59 la..... 32 3.4...

Resource package

Learner guides

Version 2.1

Training and Education Support

Industry Skills Unit

Meadowbank

ISBN: 978-1-74236-323-3

Product Code: 5588

17979 On-premises Licensees (Restaurant and Public Entertainment Venue)

Complete package of 3 resources NSWTOPL001A Comply with on-premises (restaurant and

public entertainment venue) legal requirements

SITHFAB009A Provide responsible service of alcohol

SITXOHS002A Follow workplace hygiene procedures

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NSW Accredited Unit of Competency

Learner guide

Version 2

Training and Education Support

Industry Skills Unit

Meadowbank

Product Code: 5670

NSWTOPL001A

Comply with on-premises

(restaurant & public

entertainment venue)

legal requirements

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NSWTOPL001A Comply with on-premises (restaurant & public entertainment venue) legal requirements V2

© TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

Acknowledgments

TAFE NSW Training and Education Support, Industry Skills Unit Meadowbank

would like to acknowledge the support and assistance of the following people in

the production of this learner resource guide:

Writers

Steve Winbank, TAFE NSW Northern Sydney Institute, Ryde College

Rod Slater, Slater and Alias Solicitors

Reviewers

Buck Findlay, TAFE NSW Western Sydney Institute – Open Training and Education

Network.

Project Manager

Margaret Heathcote

R/Education Programs Manager

TAFE NSW Training and Education Support Industry Skills Unit, Meadowbank

Enquiries

Enquiries about this and other publications can be made to:

Training and Education Support, Industry Skills Unit Meadowbank

Level 3, Building J,

See Street,

MEADOWBANK NSW 2114

Tel: 02-9942 3200 Fax: 02-9942 3257

ISBN 978-1-74236-378-3

© TAFE NSW (Training and Education Support, Industry Skills

Unit Meadowbank) 2012

Copyright of this material is reserved to TAFE NSW Training and

Education Support, Industry Skills Unit Meadowbank. Reproduction or

transmittal in whole or in part, other than subject to the provisions of

the Copyright Act, is prohibited without the written authority of TAFE

NSW Training and Education Support, Industry Skills Unit Meadowbank.

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Table of contents

Introduction .................................................................................. 7

Topic 1 NSW law, regulation and enforcement ......................... 11

1.1 Laws – where do they come from? .................................................... 11

1.2 The History of NSW Liquor Laws ....................................................... 13

1.3 Industry regulatory and enforcement agencies in NSW ........................ 14

Topic 2 The on-premises licence ............................................... 17

2.1 The Liquor Act: definitions ............................................................... 17

2.2 Liquor laws in NSW ......................................................................... 20

2.3 Provision of liquor in an on-licence premises ...................................... 22

2.4 Licensing conditions ........................................................................ 23

Topic 3 Applying for a licence ................................................... 31

3.1 How do I become a licensee? ........................................................... 31

3.2 Licence applications and granting of licences ...................................... 32

3.3 Removal of hotelier’s licence s59 LA .................................................. 32

3.4 Transfer of licence s60 LA ................................................................ 33

3.5 Daily 6 hour closure/licence freeze .................................................... 35

3.6 Disclosure of persons interested in the business s55 LA and c37 LR ...... 35

3.7 Licensees required to provide biennial return c30 LR ........................... 36

Topic 4 Complying responsibly to the law and regulations ....... 37

4.1 Regulation and control of the on-premises venue (restaurant/night

club) ............................................................................................. 37

4.2 Prevention of excessive consumption of alcohol on licensed premises

s73 ............................................................................................... 37

4.3 Drinking water to be available free of charge where liquor is served

c51 LR .......................................................................................... 38

4.4 Sale of stolen goods and possession, use or sale of drugs on licensed

premises s74 ................................................................................. 38

4.5 Directions to licensees and staff of licensed premises s75 .................... 38

4.6 Exclusion of persons from licensed premises: Part 5, Division 2 LA ....... 39

4.7 Other provisions ............................................................................. 41

4.8 Closure Orders: Part 5, Division 4 LA s82 to s86 ................................. 42

4.9 General provisions: Part 5 Division 6 ................................................. 44

4.10 Responsible sale and promotion of liquor: Part 6 Division 1 LA ............. 44

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Topic 5 Minors and the law ....................................................... 47

5.1 Legislative provisions ...................................................................... 47

5.2 Minors on licensed premises ............................................................. 48

5.3 Other provisions: minors ................................................................. 50

5.4 Statutory signs ............................................................................... 51

5.5 Breath analysis equipment LA s97 .................................................... 53

Topic 6 Complaints ................................................................... 55

6.1 Liquor accords – local solutions for local liquor problems ..................... 55

6.2 Disciplinary complaints .................................................................... 57

6.3 Disciplinary action: Part 9 LA ........................................................... 57

6.4 “3 strikes” legislation and the “Declared premises scheme” .................. 59

Topic 7 Additional legislative and regulatory requirements ...... 63

7.1 Additional legislative considerations .................................................. 63

Attachments ................................................................................ 71

Attachment 1: Intoxication guidelines ..................................................... 73

Attachment 2: Liquor promotion guidelines .............................................. 75

Attachment 3: Promotion risk assessment guide ...................................... 77

Reference list .............................................................................. 81

Resource evaluation form ............................................................ 83

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© TAFE NSW (TES, Industry Skills Unit Meadowbank) 2012 Page 7 of 86

Introduction

Welcome to NSWTOPL001A Comply with on-premises (restaurant & public

entertainment venue) legal requirements.

Using this learner guide

This learner guide may be used on its own, or it may be used as additional material

to support the development of knowledge and skills required to achieve this unit of

competence.

Group learning

If you are studying this unit of competency as part of a group of learners with a

facilitator then she/he will guide you in how to use these materials, including which

learning topics and activities should be completed.

Self-directing learning

If you are studying this unit of competency as a self-directed learner you will have a

facilitator assigned to you. This person will be available to support you as you work

through this material. To study this unit effectively, learners who are working

without facilitated group sessions should work through the materials in the order

that they appear in the learner guide, completing all the readings and all the

activities.

Learning strategies

This learner guide contains a variety of different learning activities to support

different individual learning styles. In addition to the activities described in this

guide, it is important that you discuss the issues raised with others such as your

colleagues, friends, practitioners working in the field and other learners. Discussion

plays an important role in understanding and remembering new information.

To promote active learning:

1. Come up with your own answers first, before you attempt any readings.

2. Compare and discuss your answers with others.

3. Research the topic and access readings, videos, etc.

4. Ask yourself, ‘What do I think about this subject now that I have studied it in

depth? What have I learned?’

The learner guide is designed for you to work at your own pace and at a time

convenient for you. It also allows you to self-direct and control your learning.

There may be some tutorials, practical sessions or workshops which you are

required to attend. If this is required you will be notified of the times and dates of

these activities at the commencement of the unit.

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Page 8 of 86 © TAFE NSW (TES, Industry Skills Unit Meadowbank) 2012

You also have access to tutorial support. This is an additional support service that

can help you with time management, study skills, editing of your work, organisation

and even literacy skills. It is important for you to contact your facilitator and ask for

this support if you require it. Normally this service is accessed at your nearest TAFE

college.

You may also need to access resources at a TAFE college or library. These resources

may include computer facilities and software, books, library material and videos.

The resources are listed under the ‘resources’ heading for this unit and references to

these resources are made at the relevant sections of the guide.

When working through the material there may be reference to legislation or

regulations. Over time legislation and regulations may change. It is important that

you access the most current version. Refer to your facilitator if you are unsure.

Four steps to learn new skills

This learner guide is based on four main learning activities.

Thinking – Reflecting on the subject, your own experience and ideas, and what 1.

you hope to achieve from this learning process. Reflective thinking prepares you

to learn new skills.

Attending – Reading the contents of this guide carefully, with understanding. 2.

This may involve asking questions, rewriting material in your own words,

discussing the material with other people, or reading additional reference

materials. Attending provides you with the information you need to carry out a

new skill.

Doing – Putting new skills into practice. This may involve following specific 3.

activities or assessment tasks in this guide, or putting the new skill directly into

practice in your workplace. Using new information in a practical way will help

you to remember and understand.

Reviewing – Did the new skill achieve what you expected to achieve? Seek 4.

feedback from your workplace supervisor, teacher, clients or colleagues. Ask

more questions if you need to. Complete the review activities in this guide.

When you have achieved competency, keep a record of your completed tasks as

evidence of your skill.

If you have difficulties

If you have any difficulties while working through this material you should ask your

facilitator for help. For example, you may have trouble understanding a concept or

accessing a resource that is required.

Your TAFE college has a range of support services available to help you through

your course.

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If you have a disability which may affect your ability to learn or to complete the

assessment events you should talk with your teacher or college ‘Disabilities

Consultant’ about your right to reasonable adjustment to the way you are assessed.

In order to be successful with this type of learning it helps if you:

can apply self-discipline

stay motivated and focused on achieving your goal

manage your time to include time for study and to complete assessments

can take responsibility for your own learning.

Prior knowledge and experience

You may already have knowledge, skills and experience relevant to this unit of

competency that you have gained due to your work, life experience or from a

previous course. If this is the case ask your facilitator about having this learning

recognised. You will need to produce evidence to demonstrate that you have the

skills, knowledge and competency level required for this unit of competency. Your

facilitator can advise you as to what types of evidence you could provide.

Unit of competency overview

For information on this unit of competency, including descriptor, elements and

performance criteria, required skills and knowledge, as well as assessment

requirements, refer to the website http:/training.gov.au

How you will be assessed

A number of assessment tasks have been identified to ensure that you are

adequately assessed in relation to all the elements, essential knowledge and skills

and critical aspects of assessment associated with this national unit of competency.

Your facilitator will ensure the assessment tasks suit your learning situation, the

service you work in (if applicable) and the amount of access you have to a

workplace environment for “on the job” assessment.

Your facilitator will provide you with a Student Assessment Guide that details the

requirements of the unit of competency. You will also receive the required

assessments and evidence guides and any grading criteria if relevant to the unit.

Due dates for the assessments will also be discussed with you. Talk to your

facilitator if you are unsure about any of the requirements. Once you understand

the assessment requirements and what is expected you will need to sign the

Student Assessment Guide as proof of this.

This unit may be assessed in conjunction with other units of competency. Your

facilitator will advise you if this is relevant to the unit you are studying.

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http://training.gov.au/



Check with your college or facilitator to find out the requirements associated with

the handing in of assessments. If you are studying in NSW you should refer to the

TAFE NSW Assessment Policy.

This learner resource has been developed to provide you with the knowledge and

skills required to provide responsible service of alcohol.

Delivery of this unit is subject to a number of conditions imposed on the training

provider to ensure training is delivered properly and that minimum learning

outcomes for students are achieved. For instance, the course must be delivered

over a minimum of six hours. An assessment of the competency of the students

must be undertaken.

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Topic 1 NSW law, regulation and enforcement

Introduction

New liquor laws were introduced in NSW in 2008. The Liquor Act and Liquor

Regulations were designed to provide reforms for a number of industry sectors,

including changes to trading entitlements and a more streamlined and flexible

approach to licensing.

As a prospective holder of an on-premises licence (restaurant or public

entertainment venue), you need to ensure that you remain up-to-date with the

general provisions of the various state Acts and Regulations. This makes good

business sense and will safeguard your reputation and that of your premises, as well

as saving money that may have to be paid in fines and professional representation.

It is imperative that you know and understand legislation that may affect you, as

well as the role of the regulatory agencies in NSW.

We would like to thank the NSW Office of Liquor, Gaming and Racing for their time,

advice, assistance in the development and quality assurance of this unit and the

resources provided.

The liquor and gaming industry is heavily regulated and there are a number of

governing and administrative bodies that regulate, control and develop NSW liquor

laws.

1.1 Laws – where do they come from?

In Australia there are two types of law:

Common Law

Common law is established by the courts. Common law comes from decisions made

by the courts using previous case decisions as precedents.

Parliament (Statute Law)

There are two levels of parliament, Federal and State. Federal Parliament in

Canberra and State Parliament in the capital city of each State.

Statute Law produces the Acts and Regulations that are passed by the Parliament or

approved by the Governor.

Federal Government has exclusive power to pass certain laws such as defence,

immigration and certain taxes e.g. tobacco, liquor and petrol.

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Abbreviations used in these notes

s = section in an Act, e.g. s32

c = clause in Legislative Regulations, e.g. c32

LA = Liquor Act 2007

LR = Liquor Regulation 2008

OLGR = Office of Liquor, Gaming and Racing

CLGCA = Casino, Liquor and Gaming Control Authority

DG = Director-General

CIS = Community Impact Statement

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1.2 The History of NSW Liquor Laws

While the majority of people consume alcohol responsibly, Governments have

always recognised the negative impact that alcohol can have on the community. As

a result the sale and supply of liquor is appropriately controlled, and sanctions apply

where licensed venues are poorly run and irresponsible liquor serving occurs – such

as intoxication (i.e. drunkenness) and minors obtaining liquor.

For example in the 1912 Liquor Act, a licensee was prohibited from permitting

drunkenness on the licensed premises and the onus was on the licensee and

employees to establish that they took all reasonable steps to prevent the

drunkenness. Nearly a century on this requirement is still in the NSW liquor laws.

Until the 1970s, registered clubs were regulated under the Liquor Act 1912. In

1976, the Registered Clubs Act was introduced in response to community concerns

about the management of clubs and the inappropriate use of members' property.

The Registered Clubs Act commenced on 1 July 1978. The Act contains an extensive

range of controls applying to the management of registered clubs, and the sale and

supply of liquor on club premises.

Since the Liquor Act 1982 and the Registered Clubs Act 1976 were introduced, there

have been many significant amendments made in response to changing community

attitudes and Government policy regarding the operations of hotels and licensed

venues.

In 1996 both Acts were changed to introduce "harm minimisation" (i.e. minimising

the harm associated with the misuse and abuse of liquor) as a primary object of

both Acts. The move to a harm minimisation approach in the liquor laws followed

increasing concern about the extent of alcohol-related crime and violence -

particularly in and around licensed venues.

In 2008, new liquor laws commenced, further strengthening harm minimisation

controls over the way liquor is sold and consumed and consolidated the regulation

of liquor in all premises, including registered clubs, into one Act – the Liquor Act

2007.

The Liquor Act and Regulations place obligations on the Office of Liquor, Gaming

and Racing, the Casino, Liquor, Gaming Control Authority, the Director-General, the

Commissioner of Police, police, compliance officers, licensees and others in regard

to responsible practices in the sale, supply, service and promotion of liquor and the

prevention of activities that encourage misuse or abuse of alcohol.

The protection of local amenity and the probity of industry participants have been

identified as important considerations associated with the sale and supply of liquor.

For example, alcohol-related nuisance, violence, crime and noise disturbances could

erode the quality of life for people living or working in the vicinity of licensed

venues.

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The liquor laws therefore seek to protect the interests of local communities by

protecting and improving local amenity. As a result, the laws include various public

interest provisions that allow local communities, local councils, police and other

stakeholders to have a say about the conduct of licensed venues.

1.3 Industry regulatory and enforcement agencies in NSW

Office of Liquor, Gaming and Racing (NSW)

OLGR is the principal liquor and gaming industry regulator in this State. Through its

various functions, the OLGR provides leadership and strategic direction to the liquor

industry through rigorous enforcement, compliance, investigative, monitoring and

field education programs.

OLGR works with other agencies such as the NSW Police Force to promote practices

that ensure the minimisation of harm, often associated with the operations of the

liquor and gaming venues, as well as facilitating the development and monitoring of

compliance strategies – e.g. the State’s liquor accord program.

OLGR also leads the Alcohol Response Taskforce in partnership with police and local

liquor accords, targeting hot spot areas of NSW with high rates of alcohol related

assaults, street offences and traffic accidents.

OLGR is also responsible for the gaming industry in NSW. The outcomes sought by

the Office are a gambling industry free from criminal and corrupt activity, which is

accountable and complies with the law, and people who work in the industry are fit

and proper not only to enter the industry, but also remain in it.

Compliance Officers (inspectors) carry out inspections and investigations into

licensed venues and clubs in regard to liquor legislation compliance and in the case

of hotels and clubs their gaming machine operations. Other inspectors investigate

complaints involving community gaming, and monitor wagering and betting

operations conducted on-track or through the TAB (Totalisator Agency Board).

The Casino, Liquor and Gaming Control Authority (the Authority)

The administrative based Authority is responsible for approving and authorising

liquor and gaming licence applications (including applications to extend trading

hours) and considering disciplinary matters brought before it.

Anyone can make submissions to the Authority, and those submissions must be

taken into account by the Authority when making a licensing decision.

The Authority also determines offences and complaints made by the police and the

Director-General. The Authority can impose penalties and may suspend/cancel

licences in disciplinary matters.

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The Authority is also responsible for administering the responsible service of alcohol

and responsible conduct of gambling training schemes, as well as determining any

further training requirements for licensees.

In relation to gaming machines, the Authority authorises and approves hotel and

clubs machine holdings (entitlements).

Director-General

The Director-General is the departmental head of the Office of Liquor, Gaming and

Racing and has statutory authority to initiate investigations, make disciplinary

complaints and take prosecution action. In addition, the Director-General can also

impose conditions on a licence and make written directions that require a licensee

or staff to address a problem or improve compliance in a venue.

The Director-General’s role in relation to the gambling industry is far reaching,

investigating all gaming licence applicants and their associates, and registered club

secretaries, to establish their fitness to hold licences or a certificate of registration.

In addition, the Director-General has power to initiate prosecution and disciplinary

action through the Casino, Liquor and Gaming Authority.

Compliance Officers

OLGR compliance officers undertake inspections and other enforcement functions

under delegation from the Director-General. Inspection of licensed venues can result

from:

complaints received from the public or other licensed venues

investigating matters referred to the Office

inspection programs to determine compliance

allegations concerning the suitability of licensees and club secretaries

liquor and gambling harm minimisation enforcement programs

covert inspections of licensed venues.

Legislated powers include:

entering a licensed venue or club at any time (with or without a police officer) if

it is considered reasonable grounds exist that a breach has been, or is being,

committed

requiring the licensee/secretary to produce all books and records relating to the

operation of the venue

seize documents and make copies or take extracts from them

request identification from a young person suspected of being under 18

interview any person at the venue in relation to any relevant matter.

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It is an offence to obstruct or refuse admission to a compliance officer. Compliance

officers can undertake desk audits of liquor licences and certificates of registration.

They also conduct operations in association with the NSW Police Force.

NSW Police

Police have the principal enforcement role under the liquor laws. Police can issue

penalty notices for breaches of the liquor and gaming laws. Police can prosecute a

licensee, a staff member or a patron for breaches of the law, or they can take

disciplinary action against a licensee or club on certain grounds prescribed by the

liquor and gaming laws.

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Topic 2 The on-premises licence

2.1 The Liquor Act: definitions

"accommodation premises" means premises that provide temporary

accommodation to travellers and includes a bed and breakfast establishment, but

does not include a boarding house, lodging house, nursing home, caravan park.

"adult" means a person of or above the age of 18 years.

"authorised officer" has the same meaning as in the Law Enforcement (Powers

and Responsibilities) Act 2002.

"Authority" means the Casino, Liquor and Gaming Control Authority constituted

under the Casino, Liquor and Gaming Control Authority Act 2007.

"bed and breakfast establishment" means premises that provide temporary

guest accommodation (other than dormitory-style accommodation) and where: (a)

the establishment is operated by the permanent residents of the establishment, and

(b) meals are provided for guests only.

"beer" means liquor that is beer, ale, lager, pilsener, porter, stout or any other

fermented malt liquor or any fermented liquor made from hops or that for the

purposes of sale is held out to be beer.

"catering service" means a service for supplying food or liquor (or both) for

consumption at a function, occasion or event.

"close associate" means a close associate within the meaning of the Casino,

Liquor and Gaming Control Authority Act 2007.

"dining area", in relation to licensed premises, means a part of the licensed

premises used permanently and primarily for the consumption of meals at tables.

"financial institution" means a bank or authorised deposit-taking institution

"function" means any dinner, ball, convention, seminar, sporting event, race

meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any

other event or activity, that is conducted for public amusement or entertainment or

to raise funds for any charitable or other purpose and, in relation to a surf life

saving club, includes any gathering of members of the club (and their guests)

organised by the club for social

"inspector" means an inspector within the meaning of the Casino, Liquor and

Gaming Control Authority Act 2007.

"licensed premises" means the premises to which a licence relates.

"licensee" means the holder of a licence.

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"liquor" means:

(a) a beverage which, at 20° Celsius, contains more than 1.15% ethanol by

volume, or

(b) any thing that is not a beverage referred to in paragraph (a) but, for the

purposes of sale, is held out to be beer or spirits, or

(c) any other substance prescribed by the regulations as liquor.

"local consent authority", in relation to licensed premises or proposed licensed

premises, means:

(a) the local council in whose area (within the meaning of the Local

Government Act 1993) the premises are, or will be, situated, or

(b) if consent to the carrying out of development on the land concerned is

required from a person or body other than the council--that person or body.

“manager" of licensed premises means:

(a) a person appointed by the licensee under section 66 to manage the

licensed premises, or

(b) in the case of a registered club that has only one set of premises--the

secretary of the registered club.

"meal" means a genuine meal consumed by a person at a dining table and

includes, in the case of an on-premises licence that relates to accommodation

premises:

(a) a meal supplied by the proprietor for immediate consumption (otherwise

than at a dining table) on or away from the premises, and

(b) a picnic-style hamper supplied by the proprietor for consumption

(otherwise than at a dining table) away from the premises on the same day

as it is supplied.

"minor" means a person who is under the age of 18 years.

"non-proprietary association" means:

(a) an incorporated or unincorporated body or association of persons

(including a club) that, by its constitution or any law that governs its

activities:

(i) is required to apply its profits (if any) and other income to the

promotion of its objects or to purposes provided for by any such law,

and

(ii) is prohibited from paying dividends, or distributing profits or income,

to its shareholders or members, or

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