Licensee Update – Part 2 – Avoiding disciplinary action

You may have seen our recently published “Licensee update – Part 1”  which discussed some simple but often forgotten aspects of the Liquor Licensing Act (The Act) and advised on how to avoid disciplinary action (visit www.dwfoxtucker.com.au/2016/03/licensee-update-part-1-avoiding-disciplinary-action/). That advice asked Licensees to asses some of the compliance issues of the Act regarding the need to seek the Commissioner’s approval before making changes. This included changes to the corporate structure of a Licensee entity, physical changes to the licensed premises and entering into profit sharing arrangements. Part 2 of our Licensee update on how to avoid disciplinary action focuses on the day to day management and compliance issues which affect Licensees.

Public display requirements

  • Liquor Licence – All Licensees must ensure that a copy of their licence is displayed at or near the front entrance of the licensed premises. Even in cases where a Limited Licence has been granted the Commissioner will generally require a copy of that licence to be displayed in a prominent position on the licensed premises, and that Licensees are aware of the conditions of their licence.
  • Notices to Minors – A section 113 Notice to Minors sign must be displayed in a prominent position in each part of the licensed premises to which access to minors is permitted.

A section 112 Notice to Minors sign must be displayed at each entrance of the licensed premises, or part of the licensed premises at any time when access is prohibited to minors.

For holders of an Entertainment Venue Licence minors are prohibited between 9pm and 5am (other than in an area that has been approved by the licensing authority), and for holders of any other licence between 12 midnight and 5am (other than in a dining room, a bedroom or some other area that has been approved by the licensing authority).

  • Responsible Persons – Unless a Licensee has been granted an exemption there must be at least one responsible person (RP) on duty at all times when the licensed premises is open to the public. An RP must wear an ID badge in a prominent position which is clearly visible at all times.

To be an RP, an employee (or owner) must have completed a Personal Information Declaration and been approved by Consumer and Business Services as being a fit and proper person. This person would need to show knowledge of the requirements of the Act and matters relating to the responsible service of alcohol.

It is also important to note that all staff involved in the service or supply of alcohol must have completed nationally accredited responsible service of alcohol training.

Other requirements

  • Licensed Premises Plans – While plans do not need to be displayed to the public, they must be kept on the licensed premises at all times and made available to an authorised officer, who include Police and Licensing Inspectors, upon request.
  • Management Plan – It is a requirement of the General Code of Practice that each Licensee must prepare a management plan specific to the licence and venue. A copy of the management plan must be kept on the licensed premises and staff must be aware of the material contained in the management plan as well as its location.

It is also a requirement that the management plan is reviewed every two years or when operations under the licence alter in such a way that warrants a review and modification of the management plan to be undertaken.

Each staff member involved in the service or supply of alcohol must be trained in relation to the management plan on induction and refresher training must be provided every two years. Licensees are also required to keep a record of such training and it is recommended that details of training are kept with the management plan.

Non-compliance with the above requirements is generally an offence under the Act and can attract hefty fines and potentially licence disqualification in some instances particularly for repeat offenders. If Licensees are unsure as to whether the venue is compliant with the Act or need to know where they can get a copy of any of the above material including draft management plans, they should contact one of the experienced practitioners listed below.

What to do if you receive a complaint for disciplinary action?

Call us!!!

If you receive any complaint for disciplinary action from the Police or the Commissioner, no matter what the subject of the complaint, please feel free to call one of the practitioners below who will be able to assist.

For more information, please contact:
Sandy Donaldson

Sandy Donaldson
Director
p.  +61 8 8124 1954
e.  Email me

This communication provides general information which is current as at the time of production. The information contained in this communication does not constitute advice and should not be relied upon as such. Professional advice should be sought prior to any action being taken in reliance on any of the information. Should you wish to discuss any matter raised in this report, or what it means for you, your business or your clients' businesses, please feel free to contact us.

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