Department of Gaming and Racing
Responsible Service of Alcohol

MARCH 2003
IN THIS FACT SHEET
• Liquor harm
minimisation
• Responsible drinking
• Intoxication
• Responsible service of
alcohol training
• Liquor accords
• Industry education
• Venue compliance
• The Licensing Court of
NSW and the Liquor
Administration Board
• Working with other
agencies
• Working with the liquor
industry

With more than 12,000 diverse licensed venues in New South Wales (including hotels, registered clubs, nightclubs, restaurants, liquor stores, theatres, public halls, universities, functions, vessels, caterers, vignerons, brewers, and wholesalers) responsible serving and responsible drinking of alcohol has become an important issue in recent years. Gaming and Racing has implemented many responsible drinking and responsible serving programs to address liquor misuse and abuse concerns in and around licensed venues, in accordance with Government objectives for public safety.
Under the umbrella of the Government’s liquor harm minimisation program, the Department has put in place strategic preventative programs such as No more. It’s the Law. (responsible drinking of alcohol), Enjoy a few!
Not a few too many! (know your standard drinks), responsible service of alcohol training, and No Proof No Purchase (preventing underage drinking). Complementing these proactive programs are education, information,
and enforcement strategies, along with joint operations with other regulatory agencies, and participatory strategies at the local level.

Responsible drinking As part of responsible service of alcohol, venues must prevent drunkenness, minors accessing liquor, and understand that irresponsible liquor practices lead to problems both on and off the premises. No more. It's the Law. is the Department’s liquor industry/ patron education and awareness campaign that encourages responsible drinking and responsible serving. In December 1996, NSW adapted the program – initiated in Queensland – and in so doing, brought most of eastern Australia’s venues under the reach of the program. Other States and Territories conduct similar programs. The program’s focus is on the obligations of licensed venues under the intoxication provisions of the law requiring them not only to stop serving liquor to patrons showing signs of intoxication, but to prevent intoxication in the first place. No more. It’s the Law. is strategic element of the liquor harm minimisation laws. The law provides the framework – and No more. It’s the Law. provides the tool – for liquor industry serving staff to comply with the law. At the same time it increases patron awareness so that drinkers can expect not to be served if they are drunk. One of the cornerstones of the program is support by liquor venues throughout the State. No more. It’s the Law. is therefore very much a joint Government and industry program.

Success of the program has been dependent on the support given to it by individual members of the liquor industry. Industry feedback indicates that No more. It’s Law. is successful, achieving its objective to increase industry and patron awareness about responsible drinking and responsible serving practices. Intoxication The thrust of No more. It’s the Law. is to prevent liquor-related harm. It reinforces the fact that the onus is on licensed venues to ensure liquor abuse does not occur in the first place. The liquor laws contain strong penalties where:• intoxicated patrons are permitted on licensed venues;• patrons are served to intoxication on licensed venues;• intoxicated patrons continue to be served on licensed venues; or• intoxicated patrons refuse to leave a venue once they have been identified as drunk. There are a number of provisions in the Liquor Act (eg. sections 103 and 125) and Registered Clubs Act (eg. sections 44A and 67A) which relate directly to the responsible service of alcohol, and provide for instant penalties should specific events occur. The following are examples of the types of conduct referred to in these provisions:• A licensee or club secretary must not permit intoxication, or any indecent, violent or

quarrelsome conduct, in his or her venue.• It is an offence for any person to sell or supply liquor to an intoxicated patron on a licensed venue.• When an intoxicated, violent, quarrelsome or disorderly patron fails to leave a licensed venue when asked, the patron may be fined on the spot (or elect to have the Court determine the case). The various intoxication offences carry maximum Court penalties of $5,500. Alternatively, police and special inspectors can issue on the spot fines of $550. The Department regularly publishes“indicators” of intoxication which can be used as a guide for the liquor industry. These indicators are also considered by the police, the Director of Liquor and Gaming and the courts when taking action under the liquor laws. Responsible service of alcohol training (RSA) Responsible service of alcohol is an interventionist program, requiring action by a licensed venue to implement and maintain responsible serving measures. RSA requires a licensee, club secretary and staff to intervene in situations where intoxication is detected and to prevent minors accessing alcohol on or from the venue. Most liquor licensees and club secretaries have to complete a Liquor Administration Board approved responsible service of alcohol course or an approved course of training that includes a responsible service of alcohol component. Other alcohol serving/selling staff may be required by the Court or the Board, and are always encouraged, to complete training as well. A current list of Board approved training providers can be found on the Department’s web site. It is recommended that this list be consulted before choosing a training provider. Training completed with unapproved providers will not be recognised. The Department is working with stakeholders to develop a suitable scheme which will see all licensees, servers and related staff in NSW required to undertake responsible service of alcohol training. Liquor accords local solutions for local problems Liquor accords are now a value added element of the liquor laws across Australia. Accords bring together key stakeholders at the local level to respond to community concerns about alcohol-related violence and anti-social behaviour.

With the first “accord” implemented in Victoria (the West End Code of Practice) in the early 1990s, the concept quickly spread to Fremantle, Western Australia and then to NSW, when a series of accords were developed and implemented from January 1998 in metropolitan and country areas. Since then, many accords, in various formats, have been implemented across NSW. One of the main advantages of an accord is the importance of ownership at the local level – of licensees, police, councils, and the community. Accords are not a replacement for licensing and other laws – nor do they substitute for effective and consistent policing and enforcement. They complement the law – often going beyond the requirements of the law in representing standards that the participants agree to. The Government strongly supports the development and maintenance of accords as they can help minimise alcohol-related violence and anti-social behaviour, while also ensuring local input and local remedies. Industry education The Department manages a comprehensive industry information/education and development program that includes regular industry bulletins, workshops, seminars, and a telephone and website inquiry service. Priorities for attention include responsible serving and responsible drinking, and targeting the harm minimisation and intoxication provisions of the law. Venue compliance The Department also manages a liquor compliance program which includes inspection and investigation activities. These activities target problem premises, respond to complaints, and include covert operations where necessary, often jointly with police. Compliance complements the industry information and education program referred to above. The Licensing Court of NSW and the Liquor Administration Board The activities of the Licensing Court of NSW and Liquor Administration Board are important and complementary to the functions of the Department. Relevant activities include the issue of a Court Practice Direction on harm minimisation and responsible serving (applicable to relevant applications to the Court) and adoption of harm minimisation principles in matters before the Court and Board.

Some of the issues covered in the harm minimisation Practice Direction provide for:

• the availability of low alcohol beer and non-alcoholic beverages at all times that a venue is trading, and the maintenance of appropriate price differentials compared to full strength liquor;• public notices to be displayed alerting patrons to liquor abuse and preventing minors accessing liquor;• the adoption by venues of the Liquor Industry Code of Practice for the Responsible Promotion of Alcoholic Products. The Code sets out in detail the responsible and irresponsible promotions that are often association with liquor service. The Board has also issued guidelines for the development of responsible service of alcohol courses, and approves courses for delivery. Working with other agencies The Department liaises and co-ordinates its programs with other Government agencies such as Police, Roads and Traffic Authority and the Attorney-General’s Department. Some examples of projects are the Kings Cross licensing accord and joint enforcement operations with police. Working with the liquor industry The Department works with the peak liquor associations and the NSW liquor industry. The principal liquor industry advisory body to the Minister is the Liquor Industry Consultative Council - made up of the nine peak liquor industry associations. The LICC agenda is extensive – and covers such matters as responsible drink promotions and codes of practice. The Department works with the liquor industryto encourage and support licensed venues in adopting “house policies” and other strategies to ensure responsible serving and responsible drinking.

PUBLICATION DETAILS
This is an official publication of the
Department of Gaming and Racing
published by:
Industry and Corporate Development
Policy and Development Division
Department of Gaming and Racing
Level 7, 323 Castlereagh Street
SYDNEY NSW 2000
Telephone (02) 9995 0333
Web: www.dgr.nsw.gov.au

THE DEPARTMENT OF GAMING AND RACING

G A M I N G • R A C I N G • L I Q U O R • C H A R I T I E S

With more than 12,000 diverse licensed venues in New South Wales (including hotels, registered clubs,
nightclubs, restaurants, liquor stores, theatres, public halls, universities, functions, vessels, caterers, vignerons,
brewers, and wholesalers) responsible serving and responsible drinking of alcohol has become an important
issue in recent years.
Gaming and Racing has implemented many responsible drinking and responsible serving programs to address
liquor misuse and abuse concerns in and around licensed venues, in accordance with Government objectives for
public safety.
Under the umbrella of the Government’s liquor harm minimisation program, the Department has put in place
strategic preventative programs such as No more. It’s the Law. (responsible drinking of alcohol), Enjoy a few!
Not a few too many! (know your standard drinks), responsible service of alcohol training, and No Proof No Purchase (preventing underage drinking). Complementing these proactive programs are education, information,
and enforcement strategies, along with joint operations with other regulatory agencies, and participatory strategies at the local level.

Liquor harm minimisation In 1996, NSW was the first jurisdiction to introduce a primary object of liquor harm minimisation into its liquor laws Liquor Act 1982 and Registered Clubs Act 1976). As a result, the Licensing Court of NSW, Liquor Administration Board, Director of Liquor and Gaming, Commissioner of Police, and other persons with functions under the legislation must have due regard to the need for harm minimisation when exercising their functions under the liquor laws. Harm minimisation means that the Court, in considering licence applications, has to be satisfied that responsible serving practices will be in place. Regulations can also be made to introduce mandatory responsible service of alcohol training across the liquor industry. One way that the harm minimisation object operates in practice is the imposition by the Court of harm minimisation conditions on a venue’s licence or certificate of registration. These conditions are enforceable at law. Over the years, the Department has reported upon the results of prosecutions of licensees and registered clubs for breaching these conditions. In summary, the liquor harm minimisation object has made the responsible service of alcohol critical to the operation of a licensed venue. It requires venues to prevent liquor misuse and abuse inside and outside the venue that can translate into problems, not only for the venue, but also for the local community.