Government Agency

In New South Wales, the state government office responsible for developing and maintaining legislation and policy relating to liquor is the ‘Office of Liquor, Gaming and Racing’ (known as OLGR).

The Legislation

The key legislation in New South Wales that covers the sale and supply of alcohol includes the:

• Liquor Act 2007 :  To regulate and control the sale, supply and consumption of liquor in a way that is consistent with the expectations, needs and aspirations of the community
• Gaming and Liquor Administration Act 2007 : An Act developed to represent the Independent Liquor and Gaming Authority and to specify its functions; to provide for the honesty of officials under the gaming and liquor legislation; to give investigation and enforcement powers for the purposes of that legislation; and for other purposes.
• The Liquor Regulation 2008 supports the Act by providing additional mandatory conditions, requirements and harm minimisation measures for licensed premises. The Regulation also prescribes requirements for mandatory RSA training, including:
  • the definition of an approved training course and a recognised RSA Competency Card
  • that staff members of licensed premises must not sell, supply or serve liquor by retail on the premises unless they hold a recognised RSA Competency Card
  • penalties for breaches of the RSA training requirements.
• Liquor Amendment (Kings Cross Plan of Management) Act 2012:  This Act includes a range of measures to address alcohol-related crime and anti-social behaviour in the Kings Cross precinct.

The legislation identifies:

• Who alcohol may not be served to e.g. minors or unduly intoxicated persons
• When alcohol may be consumed e.g. trading hours on licences
• How alcohol may be sold e.g. authorities related to different licence types

The legislation sets out a range of requirements such as:

• The need to minimise harm associated with misuse and abuse of liquor (including harm arising from violence and other anti-social behaviour),
• The need to encourage responsible attitudes and practices towards the promotion, sale, supply, service and consumption of liquor,
• The need to ensure that the sale, supply and consumption of liquor contributes to, and does not detract from, the amenity of community life.

Responsibilities Under The Legislation

The NSW liquor laws contain extensive harm minimisation provisions to minimise the potential for the misuse and abuse of alcohol. Also industry is required to:

• Have regard to the need to minimise alcohol-related harm;
• Encourage responsible attitudes towards drinking in the community; and
• Ensure alcohol sales and drinking does not detract from the amenity of the community.

Under the legislation, the licensee, approved manager and staff may all be held accountable for their actions. The legislation aims to ensure that alcohol is sold by responsible people and that the possible harmful effects of alcohol are minimised or avoided. This is also referred to as ‘harm-minimisation’.

The following individuals have responsibilities under the legislation and can face fines if they do not comply with the requirements.

• Licensee
• Manager
• Bar staff
• Security
• Hosts/Hostesses
• Glassies
• Any staff in involved in the sale of supply of Alcohol
• Customers.

Other legislation

It is important to be aware of the other legislation that a licenced venue must comply with, such as:

• Work Health and Safety Act 2011:
  
  The WHS Act 2011 is legislation enacted by government to ensure a safe environment for all staff, contractors (agents) and guest’s. The Act was established to reasonably prevent illness, injury or death to any persons within a workplace. Personnel can be fined or imprisoned for breaches of this Act.
  
  Further information is available at: WHS Act 2011.
• Trade Measurement Act 1990 and the Trade Measurement (Miscellaneous) Regulation 1991:
  The Act and regulation sets out the correct and approved measuring instruments for alcoholic beverages including Beer and Spirits. It also provides guidelines for the capacity and specifications of glasses and jugs. It ensures consumers receive the same measurement no matter which establishment they attend.
  
  Further information is available at: Trade Measurement Regulation 1991 .
•  Food Act 2006:
  All venues that provide food service must adhere to the requirements of the Food Act 2006 in relation food safety and hygiene. It means that food set for sale must be safe and suitable for human consumption and establishments must not mislead consumers with the sale of food.
  
  Further information is available at: Food Act 2006 and Food Standards Code.
• Gaming Machine Act 1991:
  This Act describes who the laws related to supply, compliance and operating Poker Machines.  A Machine Gaming License can only be issued to an applicant who already holds a Liquor License and states that they must provide high standards of machine gaming.
  
  Further information is available at: Gaming Machine Act .
• Tobacco and Other Smoking Products Act 1998:
  This Act aims to reduce smoking and minimise exposure to passive smoking, discourage young people from smoking and supports those trying to quit. From the 1^st of July 2006 amendments were made to the Act which state that 100% of indoor and poker machine areas must be designated as smoke free.
  
  Outdoor areas which are used for the service and consumption of food must also be designated non-smoking areas, if a venue creates an area for smoking they have to list it as a Designated Outdoor Smoking Area (DOSA) and abide by the guidelines set in sections 26ZA – 26ZC of the Act.
  
  Further information is available at: Tobacco and other smoking products.
• Fire and Rescue Services Act 1990:
  The Fire and Rescue Services Act 1990 covers the appropriate systems establishments must have in place to ensure employees or visitors are safe in the case of an emergency. It sets out the appropriate exit lighting, alarms and directional equipment, fire fighting and suppression equipment, staff training and emergency exit requirements.
  
  Further information is available at: QLD Fire and Emergency Service.
• Anti Discrimination Act 1991:
  This Act was designed to make sure everyone is treated equally. It explains that a person should not be treated unfairly due to their sex, relationship or parental status, religion, politics, disability or impairment, trade union, pregnancy or breast feeding needs, family responsibilities, gender identity or sexuality, age or race.
  
  Further information is available at: Anti-Discrimination Commission Queensland and Australian Human Rights Commission.
• Security Providers  Act 1993:
  Sets out the requirements for security providers and the legislative requirements for working in the industry.  It also regulates Private Investigators and describes there legal allowances and non allowances with regards to dealing for the benefit of the public.
  
  Further information is available at: Security Providers Act.
• Industrial Relations Act 1999:
  Describes the legal rights for worker’s undertaking any type of employment. It sets out to protect workers’ rights with regards to employment conditions, awards, types of leave and protection against unfair dismissal.
  
  Further information is available at: Industrial Relations Act.
• Workers Compensation and Rehabilitation Act 2003:
  This act was created to make sure workers are appropriately compensated for injuries they have sustained while either in transit or undertaking work tasks for their employer. It sets out the requirements for employers to hold duty of care for the injured workers and the rehabilitation that is required through the appropriate government organisations.
  
  Further information is available at: Workers Compensation and Rehabilitation Act.
• Business Name Act 1962:
  Describes the business names that need to be registered, when businesses have to display their name or trading name and the regulations and penalties for misleading consumers or failing to provide correct business information.
  
  Further information is available at: Business Names Act.
• Other local by-laws outlined by local government.

Applying for a liquor licence:

For a venue to apply for a liquor licence, they must apply to OLGR.

Where to get more information:

To get more information on the legislation in New South Wales, up to date fines and penalties, community awareness campaigns and any other information, go to the OLGR website: http://www.olgr.nsw.gov.au/

Legal definition of ‘intoxicated person’:

“The person’s speech, balance, co-ordination or behaviour is noticeably affected, and it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor”