Inspector Ruth Orr - Tasmania Police ARTICLE
With the coming spring and the temperature heating up, it is predicted that patrons will start to venture out more to licensed premises in the North. The festive season is also not far away and many people will be out celebrating Christmas and the new year. Recent statistics indicate that whilst reports of public place assaults remain around the same as last year, incidents of this nature have predominantly been occurring in and around licensed premises, particularly in the Launceston CBD. One of the contributing factors in these matters is often the consumption of liquor. Tasmania Police is committed to reducing public place assaults and making public places safer for all Tasmanians. With this in mind there has been an increased focus by uniformed foot patrols in and around licensed premises in Launceston. Northern District Licensing will also be out conducting regular compliance checks in the near future. Two of the main areas of focus will be Responsible Service of Alcohol (RSA) and surveillance compliance. As all licensees would be aware, they must comply with their out of hours permit conditions. Most permits stipulate that surveillance footage is required and must be kept for a period of 14 days. The surveillance footage must be of sufficient quality to be able to identify persons if necessary. Failing to comply with these conditions is a breach of the out of hours permit which can attract significant monetary penalties. Licensees are also reminded that Crowd Controllers working at venues must maintain a Crowd Control register. Failing to comply rests with the Licensee. All licensees must be mindful of their obligations under the Liquor Licensing Act 1990 particularly Sections 46 and 46A - RSA, Compliance and Responsible Service and Sale of Liquor. Section 46 & 46A of the Liquor Licensing Act 1990. 46. Licensees and permit holders to retain control on sale and consumption of liquor A licensee or permit holder must ensure that the business carried on
person – (a) has successfully completed an approved course; or (b) has been an employee of the licensee for, in aggregate, less than 3 months and is – (i) undertaking an approved course; or (ii) formally enrolled in an approved course that is scheduled to start within 3 months from the day on which the person is permitted to serve the liquor. Penalty: Fine not exceeding 20 penalty units. (1A) An applicant for a liquor permit or a permit holder must successfully complete an approved course, if the Commissioner so directs. Penalty: Fine not exceeding 20 penalty units. (2) To demonstrate compliance with subsection (1) or (1A) , a licensee or permit holder must – (a) keep such records on the licensed premises or permit premises as the Commissioner, by written notice served on the licensee or permit holder, may from time to time require; and (b) produce all or any those records to the Commissioner or an authorized officer on demand. (4) In this section – approved course means a course of instruction or training in the service of liquor, approved by the Commissioner; employee includes a person engaged under a contract for services. I would also like to draw to the attention of Licensees and their obligations under section 79D of the Liquor Licensing Act 1990 which prohibits behaviour and language such as: A person must not, on licensed premises or permit premises – (a) act in a violent, quarrelsome or disorderly manner; or (b) use disgusting, profane or foul language. It is the responsibility of a licensee acting under the authority of Section 80 of the Act to remove these persons; (1) A person must leave licensed premises when required to do so by– (a) the licensee or a person acting with the authority of the licensee.
the licensed premises or permit premises is carried on in such a way that the licensee or permit holder can exercise effective control over the sale and any consumption of liquor on the premises. Penalty: Fine not exceeding 50 penalty units. One penalty unit is $159.00 dollars 46A. Licensees and permit holders to ensure responsible sale and service of liquor (1) A licensee must not allow a person to sell or serve liquor on the licensed premises unless the
October 2019 www.tha.asn.au
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