Section 1

Sell or serve alcohol responsibly

WHAT IS ALCOHOL?

Alcohol is the most widely used drug in Australia. Alcohol is a psychoactive drug that can alter mood, thinking and behaviour. It slows down the brain and nervous system.

Alcohol is no ordinary substance. It has the potential to cause harm if served or consumed in an irresponsible manner. As such, it is as a consequence of this that the sale, supply and consumption of liquor needs to be carefully regulated.

In this context, one of the primary objects under section 5(1) of the Liquor Control Act 1988 (‘the Act’) is:

“To minimise harm or ill health caused to people, or any group of people, due to the use of liquor.”

The intoxicating ingredient in alcoholic drinks is referred to as ethanol and is created by a process of fermentation when yeast is added to liquids that contain sugars and starches. It is tasteless and colourless and occurs in varying amounts in different alcoholic drinks.

THE IMPACT OF ALCOHOL TO THE COMMUNITY

Drunkenness affects the Western Australian community in a number of ways, many of which are unknown to most people.

Alcohol misuse makes significant contributions to crime, social disruption, family breakdown and violence, injury, lost labour and productivity, property damage, road crashes and health costs.

In fact, it is conservatively estimated that alcohol use costs the WA community $3.1 billion per year in policing costs, hospitalisations, road crashes and ambulances.

Each week, 10 deaths, 315 hospitalisations and 160 family violence assaults occur in WA as a result of alcohol use.

In 2017 in Australia, 4,186 people died due to alcohol. That means one person dies every two hours due to alcohol in Australia.

Alcohol and Injury

Alcohol is the most widely used drug. Of people aged 14 and over, males are far more likely than females to drink at risky levels—about 1 in 4 (24%) males and 1 in 10 (9.4%) females exceeded the lifetime risk guidelines (AIHW 2020).

A high level of alcohol consumption contributes to disability and death through injury, violence, suicide and homicide. It also increases the risk of heart stroke and vascular diseases, liver cirrhosis and some cancers.

Alcohol is associated with:

• Assaults
• Fire related injuries
• Falls and drowning
• Car accidents
• Child abuse
• Suicides
• Industrial machine accidents
• Family breakdowns
• Domestic violence

Government agencies, health facilities, road authorities and local councils are directly impacted from excessive drinking.

www.health.gov.au

DRINK DRIVING

Drinking kills driving skills. Alcohol is responsible for just over a quarter of the people killed on our roads. With a blood alcohol concentration of 0.05, the risk of being involved in a crash doubles. With a BAC of 0.08, you are seven times more likely to crash, and 25 times more likely with a BAC of 0.15.

BAC = Blood Alcohol Concentration.

THE HEALTH LIMITS AND BLOOD ALCOHOL CONCENTRATION (BAC)

Your BAC depends on:

• How much alcohol is consumed
• What type of alcoholic drink is consumed
• How fast the alcoholic drink is consumed
• The amount of food in the stomach
• Other factors such as gender, body size, mood and health
• Medication

In Western Australia, it is illegal to drive a motor vehicle when your Blood Alcohol Concentration (BAC) is 0.05 or greater (or 0.00 and above for probationary drivers and some convicted drink drivers for a three-year period upon reissue of their license).

Keeping your BAC level below 0.05 not only keeps you within the law, but keeps you and other road users safe.

We recommend that you don’t drink any alcohol if you plan to drive. Alcohol affects different people in different ways and attempting to guess your blood alcohol concentration is difficult and inaccurate.

WOMEN AND ALCOHOL

Doctors suggest that women should drink less than men because a woman’s body tissue absorbs a higher concentration of alcohol than a man’s.

This can cause women to:

• Get drunk more quickly than men
• Recover from drinking more slowly than men
• Go over the legal driving limit more quickly than men

EXCESSIVE DRINKING

Alcohol has a significant impact on our community. It is the way in which alcohol is often consumed and the influencing factors that support excessive alcohol consumption which often leads to harm.

Friends, family and colleagues are also affected greatly by those who drink in excess and are often left to help pick up the pieces.

EXCESSIVE DRINKING

The impact of excessive drinking impacts on:

The local neighbourhood and community:

• Destroys the amenity of the local area
• Public safety is at risk

Night time economy

• Loss of business from people scared of going out

Licensed premises and staff:

• Destroys the public image of the licensed premise
• Staff retention and recruitment

Customers:

• Loss of return business
• Attracting different types of customers
• Particular types of customers who may be at heightened risk such as young people, pregnant women and minors
• Miscarriage, permanent damage to unborn child
• Young people at risk of permanent alcohol-related damage

Government agencies such as the local police, health facilities and road authority:

• Crime & violence
• Road injuries & fatalities
• Hospital admissions & emergency department presentations

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1.1 The Aim of the ACT

The WA Government has developed specific legislation that regulates the sale, supply and consumption of liquor in WA.

This legislation is the Liquor Control Act 1988 and the Liquor Control Regulations 1989 and is actively policed to ensure compliance with its provisions.

Failure to comply with these laws can result in the licensee and staff being penalised through prosecution and fines by the Court of Western Australia.

The aim of the Act is:

• To ensure alcohol is sold by responsible people.
• That liquor outlets are located in appropriate areas where they will not disturb other residents.
• And that the possible harmful effects of alcohol are minimised or avoided.

In addition, the Liquor Control Act also restricts:

• WHO: Can consume alcohol (for example minors, intoxicated patrons)
• WHEN: Alcohol can be consumed by limiting the trading hours on a licence.
• HOW: Alcohol can be sold by the business by offering a number of different licence types, for example restaurant licences, hotel licences.

It is the licensee’s and staff’s responsibility to ensure that:

• Acceptable standards are maintained.
• Premises function with due regard to responsible serving of alcohol principles and the Liquor Control Laws.

Your role and responsibilities, as well as the penalties that can arise, require:

• Knowledge of the Liquor Control Act.
• Good customer service skills.
• Common sense.

This will help you avoid situations caused by alcohol abuse and misuse.

DOCUMENTATION

Section 116 of the Act requires that certain documentation be kept on licensed premises at all times, some that must be displayed, this includes:

• The Licence (display)
• Code of Conduct (display)
• House Management Policy (display)
• Extended Trading Permit (if any – display)
• Approved Plans
• Incident Register
• Training Register
• Authorisation Notice (if any)
• Management Plan

These documents should be on display or available for inspection at all times by an authorised officer. It is good practice for all staff to be familiar with these documents.

The remote alcohol sales provisions of the liquor laws apply to alcohol sold to the public via the internet, telephone, facsimile and mail orders. These provisions recognise that remote alcohol sales, particularly online sales, are a potential source of supply for minors and that extra controls are needed. These controls are different for each state but typically cover the following strategies:

• The person placing the order must be aged 18 or over. The licensee must ensure that delivery arrangements include requiring evidence of age where appropriate.
• The person taking the order must ask information about the purchaser, which includes – Date of Birth, Proof of Age and Address of Delivery.
• The person receiving must show the photo ID and must be aged 18 or over.
• Liquor must not be delivered and left at unoccupied premises on the same day the order is received.

Liquor retailers can utilise the internet to sell packaged liquor provided:

• They have a valid liquor licence from any state or territory in Australia to do so;
• Sales and deliveries are not made to a juvenile; and
• Specific information is included on the licensee’s internet website (if one exists).

As from August 2007, the requirement for information to be included on a website applies to:

• Hotel licences;
• Liquor store licences;
• Producers licences;
• Wholesaler’s licences; and
• Special facility licences that authorise the sale and supply of packaged liquor.

The information to be included on a website includes:

• Licence number;
• Class of licence;
• Name of licensee;
• Address and telephone number for the licensed premises; and
• The following notice: Under the Liquor Control Act 1988, it is an offence:
• To sell or supply liquor to a person under the age of 18 years on licensed or regulated premises; or
• For a person under the age of 18 years to purchase, or attempt to purchase, liquor on licensed or regulated premises.

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1.2 Where appropriate, request and obtain acceptable proof of age prior to sale or service

PROOF OF AGE

If it is suspected that a person is on licensed premises and is a juvenile that does not have a legitimate reason for being there, an authorised person may request that person to provide evidence of their age.

Under section 126 of the Liquor Control Act 1988, a licensee has a right to require any person to produce evidence of age before gaining entry to the licensed premises. The following forms of identification are permitted as evidence of age:

• A current Australian driver’s licence with a photograph
• A current passport with a photograph
• A Western Australian Proof of Age Card

If the suspected juvenile cannot provide evidence of their age via one of these forms, then an authorised person may require them to leave the premises. No other forms of identification can be accepted.

If any other form or proof of age is accepted and it is found that the person was in fact a juvenile, there is no defence to a charge for this offence. Presentation of falsified documents is an offence and licensees should notify the WA Police immediately.

Proof of ID

Preventing Underage Drinking

Another issue that service staff will inevitably face is that of an underage person attempting to obtain liquor, either by pretending that they are over 18 or by asking an adult to obtain drinks for them.

The Act clearly puts the onus of minimising the risk of juveniles obtaining alcohol from licensed premises on staff and the licensee of the premises. The obligation is on the licensee and staff to take all reasonable steps to stop minors gaining access to liquor on licensed premises.

JUVENILES

There are many myths related to juveniles, alcohol and licensed premises, and it is important that all service staff are familiar with the law and are consistent with enforcement.

There are certain circumstances when people under the age of 18 are quite legally allowed on licensed premises:

• As a member of a club
• As a member of a family that resides on the premises
• As a lodger
• Where the premises is being used for a function
• Obtaining a meal
• With and under the supervision of a responsible adult (parent, step-parent, spouse, de facto partner, legal guardian or person in loco parentis)
• As an employee in accordance with the requirements of the Act
• Carrying on a legal business
• Where the premises is being used for an underage event (with the approval of the Director)

The Liquor Control Act is quite clear that while juveniles may legally be allowed on licensed premises under certain circumstances, it is an offence for a juvenile to purchase alcohol or consume alcohol on licensed premises.

For example, in order to get to the restaurant section of the local pub, a juvenile must pass through the sports bar. This is allowed under the Act. If a juvenile is found to be in a licensed premises unlawfully, the licensee, their employee(s), and the juvenile are all committing an offence which attracts a $10,000, $4,000, and $2,000 penalty respectively.

Juveniles and the purchase/consumption of liquor on licensed premises

It is an offence for juveniles to purchase, consume or be supplied liquor on licensed premises. If a juvenile is found to be purchasing or consuming liquor on licensed premises, not only will he/she be committing an offence, so too will the following:

• The licensee
• The approved manager
• Any other person who supplies/sells the liquor
• Any person who permits the sale or supply of liquor

In the case of the licensee or manager, a $10,000 penalty will apply.

A person who purchases liquor on behalf of a juvenile is committing an offence and could incur a $2,000 penalty.

Juveniles may be asked to leave licensed premises.

Where an authorised person (such as an approved manager) suspects a juvenile is on the premises unlawfully, they are entitled to ask for photo identification.

The following documents can be used for ID:

• Australian driver’s licence
• Current passport
• Another prescribed document (for example, Proof of Age Card)

If the juvenile cannot produce one of the above forms of identification, or the document they use is believed to be false, they will be required to leave the premises. If the juvenile makes a false or misleading statement, they are committing an offence and are liable for a $2,000 penalty.

Some tips and strategies on how to combat underage drinking are:

• Always ask for identification (nightclubs and similar venues should check identification at the entrance to the venue).
• Don’t assume that ID has been checked at the entrance.
• Ensure all staff are aware of and refer to the Australia ID Checking Guide to identify security features displayed on identification and proof-of-age cards.
• If you are using ‘stamp outs’, closely screen anyone trying to re-enter the premises as ‘stamp outs’ are easily transferred.
• Refuse service to any person who appears underage and does not have acceptable identification.

When checking identification, licensees and their staff should adopt the following strategies in order to effectively detect fraudulent, fake or defaced cards:

• Examine the 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 that the date of birth on the ID does in fact confirm that the patron is over 18 (licenses can be issued to 16 and 17 year olds).

RESPONSIBLE SERVER PRACTICES

Preventing Second Party Sales

Second party sales of liquor to juveniles are also of concern for licensees and their staff. The Act places the liability for the second party supply of liquor to a juvenile on the person who supplies the liquor. Service staff also have a duty to be aware of potential cases of this practice and report them to police.

If service staff have any reason to believe that an adult is attempting to purchase liquor for or on behalf of a juvenile, the sale should be refused.

Clues to this behaviour might include:

• Juveniles suggesting drinks to adults
• Adults buying the same type of liquor that has been refused to a juvenile who might be loitering outside
• Juveniles approaching adults outside a premises or telephone orders being made for delivery

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1.3 Provide accurate information to customers on alcoholic beverages according to organisational or house policy and government legislation.

DUTY OF CARE

Service staff have a duty to attend to the wellbeing and safety of patrons as agents of the licensee.This duty does not automatically expire when the patron leaves the licensed premises but may remain for sometime depending on the level of intoxication of the patron.

Observing responsible server practices and adhering to house policies will assist licensees and service staff in meeting their duty of care to patrons. It is important that all persons involved in the sale or supply of liquor have been properly inducted into the workplace.

A full workplace induction ensures that staff are aware of all policies and procedures related to the sale and supply of alcohol at the particular licensed premises and reduces the likelihood of making uninformed decisions or being pressured into providing service in a manner that may contravene the Act.

HOUSE POLICY

Harm minimisation is the concept of minimising the harm to the community and members of the community caused by the use of alcohol. A mandatory requirement for licensed premises is the development of Harm Minimisation documents including a House Policy. This document sets out the terms and conditions for the use of the premises.

The House Policy should establish firm boundaries in terms of the standards to be applied with regard to such things as:

• Intoxication
• Juveniles
• Responsible service of alcohol
• Respecting your neighbours

A good House Policy is a powerful tool for service staff to assist in the successful prevention and management of intoxication and anti-social behaviour.

House Management Policy

This policy is to comprise a generic statement of intent about the way in which the licensee wishes to operate the premises. It should be supported by the Code Of Conduct and the more detailed Management Plan.

Code of Conduct

This Code should be a concise document which identifies the licensees’ commitment to:

• Controlling intoxicated persons.
• Controlling access to the premises and liquor by juveniles.
• Resolving complaints from customers and residents.
• Patron care (harm minimisation strategies which encourage the availability of food, non-alcoholic products, staff training, effective transport of patrons, discourage disorderly behaviour).
• Respect the neighbours (the statement should encourage patrons to respect the rights of neighbours and not to disturb the amenity of the local area).
• Responsible server practices.

One of the main objectives of the Liquor Control Act 1988 is:

”..to minimise harm or ill-health caused to people, or any group of people due to the use of liquor”

Well managed premises and the responsible service of alcohol is seen as an important tool in changing Western Australia’s drinking environment and providing consumers with safer, more responsible venues that are committed to practicing harm-minimisation techniques.

Training provides licensees, managers and bar staff with important skills and knowledge about the State’s liquor laws; alcohol and the effects of excessive alcohol intake; standard drink measures; options to assist customers to drink within appropriate limits; how to refuse service to an intoxicated patron; and how to deal with difficult patrons and conflict situations.

This mandatory training must be undertaken wherever alcohol is served and sold, including where alcohol samples are served during on-site product tastings. This unit, therefore, applies to any workplace situation where alcohol is served and sold, including all types of hospitality venues, retail liquor outlets and tourism venues such as wineries, breweries and distilleries.

HARM MINIMISATION

The Liquor Control Act 1988 plays a significant role in contributing to the minimisation of the harm caused to people through the consumption of alcohol.

One of the key objectives of the Act is:
‘To minimise harm or ill-health caused to people, or any group of people, due to the use of liquor.’

To support the overarching objectives set out in the Act, the Director of Liquor Licensing has constructed policy to assist licensees apply harm-minimisation principles in their venues.

LEGAL OBLIGATIONS OF SERVICE STAFF

Service staff have a very important part to play in reducing the impact alcohol has on our community. It is the service staff that have the ultimate responsibility of deciding whether or not to serve alcohol to a person.

There are many factors that need to be taken into consideration when determining whether a person should be served or continue to be served alcohol.

Your decision will be based primarily on legal requirements and it is important that you are familiar with the requirements relating to:

• Harm minimisation.
• Intoxication.
• Juveniles and evidence of age.
• Offences.
• Statutory and other signage.

You must also be aware of other strategies such as:

• Responsible liquor practices and promotion.
• Inappropriate patron behaviour.
• Patron education programs.
• Duty of care obligations.

Mandatory signage is required to be displayed whilst serving alcohol.

Signs can be found through this manual or by going to https://alcoholthinkagain.com.au/resources/responsible-service-of-alcohol-posters/

As well as using the checklist below:

• Is your signage displayed in a conspicuous position at or near the front entrance to the licensed premises showing trading name, licence class and licensee name?
• Is your current liquor licence displayed in a conspicuous position on the licensed premises?
• Is there a notice displaying the name of each person who is supervising and managing the premises and identifying each such person as a manager (only required if name of managers not included in signage located at or near the front entrance)?

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1.4 Assist customers with information on the range of non alcoholic beverages available for purchase

PROVISION OF FREE DRINKING WATER

Section 115A of the Liquor Control Act 1988 requires that the licensee must ensure that water suitable for drinking is provided, free of charge, at all times when liquor is sold and supplied for consumption on the licensed premises. One strategy that supports this obligation is to provide and make available to patrons a non alcoholic beverage free of charge. Whilst the provision of free drinking water will not dilute the alcohol that has been consumed it may allow the process of intoxication to be slowed down.

Non- alcoholic drinks can be promoted in menus, on display and offered in-between drinks. These would include soft drinks, sparkling water and mocktails. (Cocktails with no alcohol)

HOW TO HELP PREVENT INTOXICATION

It is the responsibility of licensees and their staff to prevent patrons from becoming intoxicated. There are things that can be done to slow the intoxication process down, including:

• Actively promote low and non-alcoholic drinks and food accompaniments.
• Wait for the person to re-order, don’t automatically fill up drinks.
• Slow service down – keep busy attending to other patrons or cleaning.
• Point to the relevant sign outlining legal responsibilities.
• Alert other staff to a patron showing signs of intoxication.
• Serve water with drinks and ensure water is constantly available for patrons.
• Talk to the patrons to gauge the level of intoxication.

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1.5 Identify issues related to the sale or service to different types of customers, especially those at risk, and incorporate them into sales or service

WOMEN AND ALCOHOL

Doctors suggest that women should drink less than men because a woman’s body tissue absorbs a higher concentration of alcohol than a man’s.

This can cause women to:

• Get drunk more quickly than men.
• Recover from drinking more slowly than men.
• Go over the legal driving limit more quickly than men.

Alcohol and Pregnancy

Regular drinking of alcohol during pregnancy can cause problems for the mother and the unborn child. Excessive drinking during pregnancy can lead to miscarriage or the baby being born with foetal alcohol syndrome (slow growth before and after birth, and mental disabilities).

Doctors recommend that pregnant women or women trying to get pregnant should not drink alcohol at all.

Young people and minors are at greater risk of alcohol-related harm than adults. As the brain keeps developing into the mid-twenties, drinking alcohol as a teenager can greatly increase the risk of damage to the developing brain. It can also lead to problems with alcohol later in life

There’s no safe level of alcohol use for children under 18 years.

When young people drink, there’s a risk of brain and other alcohol-related problems.

People affected by the consumption of illicit and other drugs will also be at heightened risk.

You must still incorporate Customers at heightened risk into sales and service – you can do this by taking orders, showing the non-alcoholic drinks menu. Do not just ignore them.