Overview: Topic 1

What is RSA?
 Refers to selling sieving supplying alcohol in a responsible manner in accordance
with the law
 Helps to address government and community concerns with alcohol misuse and
abuse

Why was RSA introduced?

 Others e.g., individuals, friends
 Local community e.g., crime, violence
 Government e.g., police
 Health conditions, premature death
 Injuries e.g., car accidents
 Night-time economy and local councils e.g., conditions

Benefits of RSA
Licensed Premises  Good reputation in the local community
 Lower security, compliance and legal costs
 Reduced staff turnover
 More likely to attract staff with higher skills and greater experience
 A more sustainable and profitable business model
 Reduced regulatory costs
Staff  A safer and more enjoyable working environment
 Training, support and knowledge to deal with customers
 Better rapport with customers
Local community and  Better engagement with the local community
neighbourhood  Fewer complaints by the local community
 Local community more inclined to visit venue
Customers  Safer and more enjoyable venues
 Enhanced reputation
 Better rapport with staff and other customers
Government agencies  Fewer interventions, including compliance actions
 Reduced regulatory costs

RSA practices
By practicing RSA, you will be.
 Minimising RSA alcohol related problems: including crime, violence, property
damage and anti-social behaviour
 Encouraging responsible attitudes towards the sale and consumption of alcohol
 Ensuring the sale and consumption of alcohol contributes to, and does not detract
from, the amenity of community life

Premise must provide.

  Light snacks prepared – in order to minimise Alcohol (make it affordable)
 Range of non-alcoholic drinks; mocktails
 Dance floors: no drinks -> leave your drink
 Entertainment; tv, pool
 Free tap water (available always) water station
 Time slots; no shots after 11pm etc
 Turn aircon off -> to make people drink

Harm minimisation
 In 1996, the term minimization was introduced into the laws following community
and government concern about alcohol-related crime and violence, particularly
around licenced premises

NSW Liquor Laws

 Each state and territory Government in Australia regulates and control the sale,
supply and service of liquor
 In NSW this is undertaken via the LIQUOR ACT 2007 and the Liquor Regulation 2018
 As a frontline staff member, it is important you are aware of your obligations under
these laws

Liquor Act 2007 – Three primary objectives

 To regulate and control the sale, supply and consumption of alcohol in a way that is
consistent with the expectations, needs and aspirations of the community
 To facilitate the balanced development of the liquor industry, in a way that is in the
public interest, through a flexible and practical regulatory system with minimal
formality and technicality
 To contribute to the responsible development of related industries such as the live
music, entertainment, tourism and hospitality industries

Liquor Regulations 2018

This supports the Liquor Act 2007 and provides more detail such as:
 Training and record keeping requirements
 Issuing of competency cards
 Harm minimization measures e.g., Making drinking water free of charge, mandatory
messages required in liquor promotion
Cannot serve under midnight, past midnight alcohol distribution is usually common in
nightclubs –

Liquor Licencing in NSW

 A liquor licence is required to sell or supply alcohol
 Licences have conditions that help the business minimise harm. Conditions or
restrictions may apply to a licence following a serious incident or complaint
 Different licence types apply depending on the primary purpose of the business, or
activity being conducted
Note: Pubs are historically established
Producer Licence; for producing alcohol/ packaged liquor licence
NSW Regulatory Authorities
There are three governing bodies involved in regulating the liquor industry in NSW:
 Liquor and Gaming NSW
o Administer RSA
o Managing the issue and renewal of competency cards
 Independent Liquor and Gaming Authority – issuing cards, organising law and
legislation
 Police - Fines, persecution, penalties

Intoxication: Topic 2
The NSW Liquor Laws say that licensees and staff must ensure that customers do not
become intoxicated on licenced premises
An intoxicated person cannot be
 Admitted to licenced premises
 Allowed to remain in licenced premises
 Served or supplied alcohol on licenced premises
(No limit of serving alcohol – only serve when there is no sign of intoxication)

A person is intoxicated if:

 the person’s speech, balance, coordination or behaviour is noticeably affected; and

 it is reasonable, in the circumstances, to believe that the affected speech, balance,
coordination or behaviour is the result of consumption of alcohol

NOTE: Some medical conditions, disabilities or the use of drugs may cause similar
behaviours so you will need to be sure that alcohol consumption is the cause of the
behaviour. It is likely that the person or their friends will be able to tell you if this is the case.
Be sensitive to an individual’s right for privacy and ask a supervisor or co-worker if you are
unsure.

Forming reasonable belief

Monitoring the amount and type of alcohol a person or group have consumed

Blood alcohol concentration – BAC

 When you drink alcohol, it is absorbed into the blood stream. This is known as BAC
 A person’s BAC level will appear as soon as they start drinking reach its highest level
about 30-60 minute after they stop drinking
 National legal limit for driving a motor vehicle is 0.05 (one standard drink per hour)
 0.02 for vehicles drivers/taxi/bus drivers

What does alcohol consumption do?

 Brain, coordination, speech, cognition, and senses are affected
 Loss of inhibition and fine moto skills
  Other effects include, health (nausea/illness), heightened emotions (becoming upset
or angry) and decrease in physical alertness

Response to alcohol
 Gender/Age/Size (male process drinks faster)
 Food consumption
 Medication use (pain killers/antidepressants)
 General health
 Illicit drug use
 Rate of consumption

Intoxication: what do you do?

 You have a legal responsibility to assess and prevent intoxication while working in a
licenced premises in NSW
Serving alcohol to an intoxicated person can cause harm and result in you, your
manager and/or the licenced premises being penalised or charged unless you can
prove you have acted
 The action you must take is: Refuse to serve, ask them to leave and contact Police for
assistance to remove them if required

Assessing intoxication
 Intoxication Guidelines assists you to determine whether a person is intoxicated
 To help you decide if someone is intoxicated ask yourself
o Does the person smell like alcohol?
o How long and how much have they been drinking?
o Has the person been eating?
o What type of alcohol have they been drinking?
o Is there another reason they are showing signs of intoxication?

Customers at risk
 Minors – they are young, usually smaller in size and less experienced in consuming
alcohol safely
 Pregnant women – alcohol may cause harm to the unborn baby
 Customers with existing physical and mental health issues
 Customers affected by the consumption of illicit and other drugs

Prevention and Intoxication Guidelines

The Prevention of Intoxication on Licenced premises Guidelines contain practical steps to
manage and reduce the risk of intoxication on licenced premises

Standard drink and alcohol %

 A standard drink contains approx. 10 grams of pure alcohol
 1 standard drink; sprits, sparkling wine 13%, light beer 425ml
Encourage responsible drinking
 Providing information about low or non-alcoholic beverages, standard drinks, the
liquor laws
 Communicating with team members/security if you refuse service or are concerned
about anyone
 Know your customers – professional and respectful communication is important

Knowing customers and early intervention

Early intervention is a proactive strategy you take to prevent customers from becoming
intoxicated.

Conversation Starters
 What are you celebrating?
 Are you having a meal tonight?
 Have you been somewhere before here?

Topic 3: Refusal of service

Who must be refused service?
 You must refuser service when alcohol appears to be purchased from minors or by
minors
 Troublesome and disorderly customers

Options to refuse service

 Refuse entry or removing a person at the time of an incident
 Barring the person from the venue for an extended period (24hrs)
 Seeking a formal banning order against the person (550$ fine)

What does the law say?

Steps to refuse service
 Follow your workplace policy – it’s the law
 Give a clear statement that by law they cannot be served another drink and point
out signage
 Advice other staff and security that service has been refused
 Give clear instruction that they must leave the premises

Communication skills for refusing service

 Be polite clear confident voice – not aggressive
 Be respectful
 Avoid using physical touch
 Be calm, but firm
 Focus on the behaviour not the person

- I would love to give you another drink but I hate to be the person but it is the law
Ensure customer’s safety
When you refuse entry or remove a customer, you must ensure the customer is safe
 Safe transport options – courtesy buses, calling taxi or uber, connect with their
designated driver, offering to call friends/family to pick up
 Promoting transport options – displaying signage with timetables, free phone to call
taxi, taxi voucher schemes

Refused customers – their responsibilities

 Leave the premises and vicinity immediately and stay at least 50 metres away
 Not re-enter for 6 hours

Fail to quit
Fail to quit occurs when a person refuses to leave a licenced premises, stays within 50m of
the premises or attempts to re-enter the venue

Notes
 no touch policy
 introducing name when approaching a customer / engage in a conversation
 someone falling asleep/ regardless of sober drunk must leave the venue
 excuse me sir, you are falling asleep in the bar, we must ask you to leave
 no drinking games in the bar, you don’t have to ask them to leave
 If they are passing out/not responding call ambulance
 Employer of this establishment – always with another person (not covered by CCTV)
 Verbal Abuse – against the law in the bar, call security
 If there is a fight – call security immediately

Topic 4: Minors
Minors – what does the law say?
 It is a serious offence to sell or supply alcohol to a minor (person under the age of
18) on licenced premises
 It is also against the law for anyone to obtain alcohol on behalf of a minor: this is
called secondary supply or second party sales
 You have a legal responsibility to prevent minors from being sold or served alcohol
on licenced premises
 Fines of up to $11000, 12 months’ imprisonment and suspension or cancellation of a
liquor licence may apply
 Bar/Gaming (never be allowed)

 Authorised/non authorised areas (Bistro/Pub)

 Responsible adult – 18+, must live in the same address

Secondary Sales/Supply
 Be aware of people at a bar or liquor store who might be purchasing for others
 Watch for minors hanging around outside licenced premises, especially liquor stores
 Have security or floor staff monitor areas out of sight of service points
Monitoring and preventing underage drinking
You must prevent unauthorised minors from entering licenced premises.
 It is up to you to ensure a customer is genuinely over the age of 18. The only way to
be sure is to conduct an inspection of proof of age identification
 Even if ID was checked by security on entry, if you have suspicions someone is under
18, then ask to check the ID yourself

When Checking ID

 Ask the customer to remove the ID from the wallet.

 Check the photo matches the person.
 Check the birthdate to confirm the person is 18 years or over.
 Check for any alterations, particularly last digit for the year of birth.
 Check the hologram for the NSW Drivers Licence and photo ID card.
 Be respectful and calm – explain, “it’s the law”; “it’s your job”.

Proof of age
 Your workplace will have a strategy for checking proof of age documents
o Requiring any person appearing under 25 years of age to produce proof of
age ID
o Checking the authenticity of ID

Proof of age documentation

 Drivers or riders licence issued by Australian State or Territory
 Australian passport/ foreign passport
 NSW Photo Card by RMS/Service NSW
 Proof of age card by public authority of the Commonwealth or of another Australian
state or territory for the purpose of attesting to a person’s identity and age
 Keypass (over 18) identity card issued by Australia Post
 No Birth Certificates
 Air bubbles, wrinkles, bumps (Check for tampering out of phone wallet)
Secondary ID cards (school card, credit card)

Conducting through ID Checks

 Take your time examining the ID
 Ask the person to remove ID from window face of a wallet
 Look for the Hologram

False ID procedure
 It is against the law for a person to represent themselves as being 18 years old with
false ID and try to enter a licenced premises or to be supplied with alcohol
 You may not confiscate an ID – only NSW Police and certain government agency
employees can confiscate ID
Topic 5: Harm Minimization
Opening and Closing time
The standard trading period for most clubs, hotels, standard bars, restaurants, cafes,
nightclubs, producer/wholesalers and licenced caters is;

 Monday – Saturday 5am – midnight

 Sunday; 10am-10pm
 Never make exceptions and do not serve customers after your closing time, as you
would be breaking the law

Note: Signs should be always displayed whenever alcohol is sold on the premises

Remote sales
Remote sales refer to purchases done online or by phone. These sales, particularly online,
are a potential source of supply for minors so extra controls are need. Licensees must
 Ask for full name/birth date – must be over 18
 Provide specific instructions to the person delivering the order

Topic 6: Compliance and Enforcement

Workplace practices to minimise harm
 Plan of management
 Other policies and procedures
 House policy
o Expected standards of customer behaviour
o Drink Limits
o Approach to dealing with problem customers
o Types of customers who are not to be served alcohol such as minors and
intoxicated people

Incident registers
 Incidents involving violence and anti-social behaviour
 Details of people removed from the premises (fight/intoxication)
 Date/Time/Location/What happened/Witness/Description of person

RSA Marshals and Liquor accords

 An RSA marshals is someone whose role is to make sure venues comply with RSA
obligations
 There are certain circumstances where it is mandatory for venues to employ an RSA
marshal
 A liquor accord is a group of local stakeholders who are committed to minimising the
harms associated with alcohol. They include representatives of licenced premises,
local councils, NSW Police, government departments and community organisations
Self-exclusion
 Is when a customer excludes themselves from a licenced venue by entering into a
formal agreement with a licensee or licenced venue. These agreements are a crucial
strategy in harm minimisation
 Customers may self-exclude because of liquor or gambling issues. Many people enter
into self-exclusion agreement when they are undertaking a rehabilitation program
 Ask your manager about the location of the self-exclusion register and familiarise
yourself with the names and faces of customers who have self-excluded

No gang colours
A person or member wearing any form of clothing, jewellery, tattoos or any other accessory
associated with a gang may be refused entry or removed from the premise

Identifying non-compliance and investigation

 Liquor and Gaming NSW promotes compliance and identifies breaches of liquor laws

Possible penalties and fines

 11000$ for individuals
 27000$ for corporations
 Up to 12 month imprisonment

Impact on RSA worker

 Difficulty in getting another job
 Impact on travel to some countries
 Difficulty pursing some careers
 Inability to obtain a liquor licence
 Inability to work in the liquor or gaming industry in the future
 CRIMINAL RECORDS

Violent Venues Scheme

Receive a grade 1-3 depending on the number of alcohol-related violence incidents that
have occurred.

Three Strikes Scheme

Licensees or managers who continually breach the liquor laws have conditions or penalties
to urge them to improve their responsible alcohol service

Minors Sanctions Scheme

Licence suspended or cancelled if they are convicted of selling liquor to a minor on a
licenced premises. There are three levels of penalties, and the scheme is designed to
enforce that