ARTICLE
Peter Andricopoulos- Tasmania Police
HOW FAR DOES A LICENSEES OBLIGATION EXTEND?
During the past 12 months the Southern Licensing Team have fielded a range of questions from various Licensees and their respective employees. One question that is consistently asked is, ‘…how far does a Licensees obligation extend…’? The best answer is simply that Licensees obligations extend to the parameters of relevant legislation i.e. The Liquor Licensing Act 1990, which regulates the sale, supply, promotion and consumption of liquor in Tasmania. This Act has a strong harm minimisation focus, its object being to regulate activities and focus an effort towards harm minimisation arising from the misuse of intoxicating liquor and to facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community. Some Licensees have discussed examples where their staff have gone over and above what is required by the law. Examples include; Staff requesting members of the public to leave an area that are frequenting next door or near the licensed premises even though such persons are not, and never have been patrons of the licensed premises. Those members of the public who ‘hang out’ nearby, engage in anti-social behaviour, cause damage or simply litter in the general area of the nearby businesses. This behaviour tends to reflect poorly of the respective licences establishment hence the request to move on. Another example includes Licensees instructing their staff to wash down and sweep up large areas of the street that the licensed premises is on or near, as well as cleaning nearby businesses shop windows and signs. Crowd controllers instructed to assist nearby businesses that have public order issues but no security of their own. Police can affirm that all these examples are true having witnessed them first hand, but why are the Licensees going to these lengths? Or why do they feel they sometimes have to go to these lengths? Most Licensees when questioned, have answered that they feel they are obliged to do so, or that they may come under the ‘spotlight’ for running a disorderly establishment. Others answer that they find that they have better relations with nearby businesses and other neighbours if they do the ‘extras’. Most would understand the ‘friendly neighbour’ mentality, after all life is always made easier if all the neighbouring and competing interests are getting along in the area. However it must also be remembered that good intentions can still lead to a negative outcome for Licensees. Sending crowd controllers off site for instance can be complicated. Crowd controllers only have their ‘powers’ on a licensed premises. Technically should they get involved physically in a matter out on the street they could be facing allegations of assault etc. Attempting to move on ‘undesirables’ loitering out the front of the neighbouring business can become problematic for a range of reasons including the fact that staff don’t have the legislative power to do so, and the fact that it could also turn physical and escalate to violence rapidly. Should staff be injured in such an example, workers compensation and or Occupational Health and Safety legislation breaches may become protracted and prove costly for a Licensee. It would be timely to mention at this point that a crowd controller was recently attacked by a random passer-by who brandished a knife during the attack. Surveillance footage of the incident revealed that the knife was only centimetres from the crowd controller’s face. To put this attack into context, it occurred whilst the licensed premises was just preparing to open and when interviewed by police the attacker stated a desire to kill the crowd controller, even though they were unknown to each other. Therefore as far as this licensing team are concerned the legislative obligations are the be all and end all when considering the Licensees obligations. Should Licensees choose to do the ‘extras’ it may pay to consider the old saying, “the road to hell is paved with good intentions”.
21 enquiries@tha.asn.au 03 6220 7300
Hospitality Review
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