Tag: NSW Laws

  • Parents Supplying Teens with Alcohol under NSW Laws

    An article on Illawarra Mercury’s website recently discussed the NSW law which allows parents to supply alcohol to their children and supply alcohol to the children’s friends with their parent’s permission.

    Under the current law in the state, parents can provide alcohol to the kids and authorise other adults to give their children alcohol.

    A NSW mother, Fiona Morgan speaks about the importance of weighing the issue, even though she would not give alcohol to her son Adam, her 15 year old son however she did agree with the law in principle.

    She went on to explain in the post on www.Illawarramercury.com.au

    “If it comes through parents and permission is being provided, you know what and how much they’re drinking,” she said.

    “If not, kids will get alcohol elsewhere and it won’t be in a controlled environment, and that’s when it gets dangerous.”

    The NSW Legislative Committee on Social Policy is conducting an inquiry into the appropriateness of laws relating to provision of alcohol to minors, with the hot-button issue being the ability of parents to either directly supply, or allow another adult to supply, their children with alcohol.

    Lance Barrie, research manager at the University of Wollongong’s Centre for Health Initiatives, said the issue of “secondary supply” was one of the biggest problems around minors and alcohol.

    “In NSW, there is no limit on the amount of alcohol that can be supplied,” he said.

    “NSW has better laws than some other states but they could definitely be tightened up.”

    Read more at: http://www.illawarramercury.com.au/story/1636606/teen-drinking-should-parents-be-allowed-to-supply-alcohol/?cs=12

    According to the National Health and Medical Research Council it is best that parents delay drinking among their teens for as long as possible for their health and safety, especially because of its effect on their developing brains and nervous system.

    Some of the worst case scenarios that can result from teen drinking is binge drinking, drink driving and unsafe sex which is why abstinence is best for teenagers. Not only are teens at risk of teenage pregnancy, contracting STDs, being involved in drink driving crashes and other violence but they are also damaging their health which could have long term consequences.

    How does this NSW law regarding teenage drinking affect RSA Staff?

    The fact of the matter is that anyone employed in a licenced venue should not be serving alcohol to minors and may be at risk of receiving a fine of up to $11,000 and possible jail time for breaking this law.

    A person must not obtain liquor from licensed premises on behalf of a minor unless the person is the parent or guardian of the minor. Anyone who fails to adhere to this law may receive an $11,000 fine or 12 months imprisonment (or both). They are also at risk of receiving an on-the-spot fine of $1,100.

    Parents, while it’s difficult to prevent teenagers from experimenting with alcohol, you can encourage sensible drinking habits, especially if you are going provide them the alcohol.

     

  • Responsible Service of Alcohol Update : NSW Laws Expand Pubs Trading

    Online RSA NSW Course recently approved by OLGR NSW!

     

    Available here for only $139 including the $70 OLGR Photocard fee.

    >> Click here for NSW RSA Course online. << According to new legislation in NSW, pubs can now expand trading of non-liquor services after liquor trading hours. The new law came into effect as of 30 March 2012. According to new law pubs and hotel operators can now trade food, entertainment, gambling and other services, even after they have stopped trading liquor.  The new legislation also enables hotels to provide breakfast and other non-gambling services without selling liquor. According to TheShout.com.au:

    NSW pubs have expanded powers for trading under new liquor and gaming laws that recently came into effect. The Clubs, Liquor, and Gaming Machines Legislation Amendment Act 2011 contained a range of reforms, including allowing hoteliers to cease liquor operations during approved trading hours but continue to provide other services. Effective from March 30, food service, entertainment, gambling activities, conferences and non-alcoholic beverages can now be offered without regular liquor trading. The amendment aims to de-couple liquor and gaming, in an attempt to address concerns about players gambling whilst intoxicated.

    Source:http://www.theshout.com.au/2012/04/23/article/Pubs-open-bars-closed-NSW-overhaul/JBUFWLKXCU.html

    The new law aims to separate the service of alcohol from other services such as gambling and also aims to increase the financial profitability of extended hours trading of services. According to The NSW Government  : Office of Liquor, Gambling and Racing:

    A new regulatory framework specifically provides for amalgamated registered clubs to de-amalgamate, or separate, while ensuring the financial viability of the de-amalgamating club is maintained, as well as a high level of transparency for club members.

    Source:http://www.olgr.nsw.gov.au/clubs_liquor_gaming_machine.asp

    While the new reforms allow for hoteliers to trade during hours when alcohol is not allowed to be served, it does not allow them to cease trading alcohol during the standard trading periods. The NSW Government goes on to state:

    Hoteliers can now trade at certain times of the day without the need to sell liquor, while providing other goods and services such as non-alcoholic beverages, food, entertainment, conference facilities, and in certain circumstances, gambling activities.Reforms to the primary purpose test in the Liquor Act 2007 now provide an exemption to the requirement that hoteliers must sell and supply liquor by retail at all times. Hoteliers can diversify their operations without the need for liquor to be available at all times. For example, hoteliers can offer a breakfast service and/or use of facilities for meetings and conferences in the morning without the need to operate a bar supplying alcohol. However, hoteliers cannot cease serving liquor while any type of gambling activity is available during the standard trading period (ie. 5am – midnight Monday to Saturday and 10am – 10pm Sunday) unless approval has been obtained from the Independent Liquor and Gaming Authority. When considering an application, the Authority must be satisfied that the operation of gaming machines will not detract unduly from the character of the hotel. It must also be satisfied that gambling activities will be conducted in a responsible manner. The reforms also allow hotels to cease selling liquor and continue to provide other services, including gambling activities, during extended trading periods that have been approved under the liquor laws. Approval from the Independent Liquor and Gaming Authority is not required for liquor sales to cease during approved extended trading periods. Extended trading periods generally commence after midnight Monday to Saturday, and after 10pm on Sundays. As well as allowing hoteliers to reduce costs and diversify their operations, the reforms can help to reduce reliance on liquor sales, particularly where there are concerns about patrons gambling under the influence of alcohol.

    Source:http://www.olgr.nsw.gov.au/clubs_liquor_gaming_machine.asp

    In addition to separating the services of gambling and liquor consumption from each other, because one is normally associated with the other, the new law aims to increase profits of businesses because now they can remain open and trade even after midnight when they cease to serve alcohol. The Government also aims to address concerns of people gambling while drunk, which in itself can lead to various other social problems. New laws also place greater responsibility on training providers and carry heavy fines for providers who do not abide by the regulatory framework provided for RSA and RCG training. A fine of $11 000 will be applied for training providers who do not conduct their activities as provisioned by regulations. According to NSW Government Site:

    Training providers are now subject to significant new penalties of up to $11,000 for fraudulent activities relating to the provision of responsible service of alcohol (RSA) or responsible conduct of gambling (RCG) training. The new offences strengthen the regulatory framework for RSA and RCG training in NSW, following an Independent Commission Against Corruption inquiry that identified fraudulent and corrupt activity in this, and other, training sectors. Approved training providers now face penalties of up to $11,000 for breaching conditions of approval, or if they issue an interim certificate to a person who has not successfully completed an approved course. These new penalties also apply to non-approved persons who offer to provide training or imply that they are qualified to offer approved RSA or RCG training.

    Source:http://www.olgr.nsw.gov.au/clubs_liquor_gaming_machine.asp

    New legislature also has amendments for Hotel Gaming machine Thresholds, which government hopes will ease hotels permit transfer process. According to the NSW Government Site:

    A hotel’s gaming machine threshold now decreases when transferring poker machine permits from the hotel. Changes to the Gaming Machines Act 2001 better aligns poker machine permit trading with gaming machine entitlement trading.

    Source:http://www.olgr.nsw.gov.au/clubs_liquor_gaming_machine.asp