INSPECTOR RUTH ORR Northern Districts Support Services Tasmania Police Report
I would like to take this opportunity to introduce myself as the new Inspector in charge of Northern District Support Services. This division encompasses a number of areas including Road Safety & Public Order Services, with responsibility for Licensing for the Northern District covered within that section. I took up my new position in May 2018, and have spent the first few weeks in the role getting to know my personnel, their areas of concern and meeting other stakeholders. Fostering sustainable working relationships is a key aspect to my role and something I thoroughly enjoy. The importance of engagement, relationship building and sharing of information amongst stakeholders cannot be under estimated. In terms of licensing issues, after discussing current topics and trends with my members, the same general concerns seem to arise. The main area of concern is responsible service of alcohol (RSA) compliance. I would also like to inform licensees that over the next few months and, especially during the upcoming summer period, members of Northern Licensing will be conducting impromptu audits across all licensed premises in the North. All licensees should be mindful of their obligations under the Liquor Licensing Act 1990, having particular regard for Sections 46 and 46A, which stipulate the obligations of licensees and permit holders, in terms of the 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 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. 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 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 authorised officer on demand. (3) The Commissioner may exempt the holder of a special licence from the requirements of this section if satisfied that it is not against the public interest to do so. (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. Legislation in respect to liquor regulates the sale, supply, promotion and consumption of alcohol, with a strong harm minimisation focus. Alcohol, even in small amounts, impacts upon a person’s ability to think and function. Subsequently, a person’s judgement and decision making skills are affected which can lead to risk taking behaviour. The consumption of alcohol exposes a person to the risk of harm and injury. This may be as a result of not paying enough attention to vehicles or other moving objects around them, becoming involved in verbal or physical altercations or driving a car. To ensure that the best interests of the individual and the community generally are maintained, it is vital that the liquor and hospitality industries facilitate and comply with the responsible service of alcohol.
August 2018 www.tha.asn.au
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