Tasmania Police Report INSPECTOR ADRIAN SHADBOLT Western District Support Services
Young people on Licensed Premises (a) A parent, step-parent or guardian of the minor; (b) The spouse or partner of the minor; (c) A person who, for the time being, has parental responsibility for the minor;
By patron volume, I’m sure larger licensed establishments are well aware of their obligations with respect to entry of young persons on their premises and the sale and consumption of alcohol to those people. As we would all appreciate however, it is incumbent upon all licensed establishment personnel including Crowd Controllers and bar staff that young people; 1. Only access the areas they are permitted to do so; and 2. If entry is allowed, ensure that the young person is accompanied by a responsible adult. Section 61 of the Liquor Licensing Act 1990 (the Act) provides that a Licensee is to prohibit or restrict entry of young people to certain parts of licensed premises; A licensee must ensure that a person under the age of 18 years does not– (a) enter or remain on any part of the licensed premises designated under section 84(1); or (b) enter or remain on any part of the licensed premises designated under section 84(2) except– (i) to have a meal; or (ii) in the company of a responsible adult. Correspondingly, the Act defines a responsible adult as a person of or above the age of 18 years who, in relation to a person under the age of 18 years (the minor ), belongs to one or more of the following classes of persons:
Whilst the Act provides for young people to be on licensed premises in certain situations (i.e. accompanied by a responsible adult and consuming a meal), correct signage must be clearly displayed defining authorised areas. Whilst a young person may be legitimately on the licensed premises, it then becomes incumbent upon licensees and employees to ensure that, the young person does not consume alcohol either by personal representation or via provision by a third party. Bar staff must be vigilant to keep an eye out for adults sourcing and providing alcoholic beverages for young people to consume and have the confidence to challenge that action. Failure to do so makes the licensed (licensee) establishment complicit in the sale or provision of alcohol to a young person and correspondingly, liable to penalty of $2385 (licensee fail to take reasonable steps to prevent an offence). Adult patrons performing the act of providing alcohol to a young person are liable to a penalty of $159 (supply liquor to a young person on a license premises). Young people consuming alcohol on licensed premises are similarly liable for prosecution by virtue of the provisions of the Youth Justice Act 1997 which may mean a caution, diversionary conference or in more serious (frequent) instances, an appearance in the Youth Justice Court.
Time sheet books and crowd control registers are available at special prices to our members: Crowd Control Registers - $20 each Time Sheet Books - $15 each
Please call the office of the Tasmanian Hospitality Association on 6220 7300 or email Madi on madalyn@tha.asn.au to place your order.
August 2017 www.australianhotels.asn.au
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