WA LIQUOR LICENSING ACT 1988 … is an Act to regulate the supply & consumption of liquor, the use of premises on which liquor is sold, & the services & facilities provided in conjunction with or ancillary to the sale of alcohol. Amendments to the Liquor Licensing Act (The Act) in May 1998 included a new primary objective to minimise the harm or ill-health caused to people, or any group of people due to the use of liquor… In recent years, civil suits against licensees have become more frequent in Australia & the need for responsible service is becoming more recognised.
THHBFB09B Provide Responsible Service of AlcoholSIN: E2091 • Element 1: Identify customers to whom service may be refused • Element 2:Prepare and serve alcoholic beverages responsibly • Element 3:Assist customers to drink with in appropriate limits • Element 4: Assist alcohol affected customers
Element 1: Identify customers to whom service may be refused • 1.1 Identify customers to whom service may be refused in accordance with State/Territory legislation, including minors and intoxicated persons. • 1.2 Where appropriate, request and obtain acceptable proof of age prior to service. • 1.3 Refuse service in a polite manner and state reasons for the refusal.
Which customers should be refused service? The biggest decision you will have to make as you serve alcohol responsibly will be whether to refuse service to a customer. There are two types of customers you must refuse service to: 1. Customers who are under the age of 18 2. Customers who are intoxicated, disorderly or quarrelsome
Under-age drinking? • The community sees under-age drinking as a serious problem. That is why significant penalties exist for licensees and employees of licensed premises and the under-age person in question if they consume alcohol on, or obtain liquor from, licensed premises • There are two main areas you need to think about when it comes to under-age customers (or minors): • whether they are allowed by law to stay on the premises • whether they are allowed by law to drink alcohol. • If the customer (minor) is under the age of 18 and is caught consuming alcohol then penalties apply
Juveniles permitted to be present on certain premises • A club license and their presences does not contravene the constitution or rules and is also allowed by the committee of the club and does not contravene a condition of the license • A member of the family of the licensee, manager or occupier of the premises or a lodger of the premises • The place is being used under an occasional license or has a special facility license for the purpose of reception. • The premises has a restaurant license or a part is set aside for the supply of meals and the juvenile isn't being served alcohol. • If the juvenile is accompanied by and under the supervision of a responsible adult • The Juvenile is carrying on lawful business, and does not consume liquor.
Who is a Responsible Adult? Minors must be accompanied by an adult So what constitutes a responsible adult • If that person was an adult who is a parent, step-parent, spouse or legal guardian of the juvenile, or other person in loco parentis to the juvenile (guardian) • The spouse of a juvenile includes a person who is residing with the juvenile in a marriage-like relationship
Identifying Under Age Drinkers Young people who do not regularly go into bars or licensed premises often give themselves away through their conversation—talking about school—and through their inexperience with drinking and ordering alcohol—ordering sweet drinks like Midori, Baileys or alcoholic fruit crushes. However, some are masters of disguise and will try and present fake or fraudulent ID. When checking ID: Look to ensure there are holograms on the card, especially on the picture. Check for any smudges or possible blurring of typed dates of birth. Ask them their zodiac sign, year or month of birth to assist in verifying their legitimate birth date.
Confiscate the ID if it appears to be tampered with and return it to your liquor licensing inspector or the police. If you have any doubts about the person being 18 years of age, refuse service or entry to the establishment. Take the ID card and run your fingers over it, feeling for pin pricks, lifted laminate, glued on photographs and anything unusual. It is an offence for a person to falsely represent themselves to be 18 years of age with the intent to enter a licensed premises or be supplied with liquor. The minor or anyone who tampers with the ID may face fines Penalty $1000
Fines for persons who supply alcohol or permit the supply of alcohol to juvenilesSection 121 • In the case of the licensee or manager in respect of the sale or supply, or allows liquor to be consumed by a juvenile, or allows a juvenile to enter or remain in the licensed premise penalty $10,000 any other person (who commits the above i.e. bar attendant) penalty $4,000 • And in any other case penalty $2,000 • Also if a person acts on behalf of the juvenile and obtains liquor for them penalty $4,000
Juveniles Point 7 - Section 121 • When a juvenile enters licensed premises declared out of bounds an authorized person may require the juvenile to leave the licensed premises and, if the juvenile fails to do so the juvenile commits an offence: and an authorized person or any other person on request may remove the juvenile from the licensed premises using such force as may be necessary Penalty $2,000 • If an adult leaves a juvenile on licensed premises without supervision fine $1,000 • If a juvenile is employed and allowed to serve alcohol penalty for the employer $10,000
How do you know if a person is intoxicated? • How do you know if a person is intoxicated? • Part of the job of serving alcohol responsibly is refusing drinks to customers who have become intoxicated. So you will need to be able to determine this. • A simple test for intoxication is that the person cannot do whatever it is they are attempting to dothen they may be intoxicated
SIGNS OF INTOXICATIONimmediate effects Noticeable Change in Behaviour Becoming loud (laughter or voice) & boisterous or disorderly Becoming bad tempered or aggressive or using offensive language Becoming physically violent Becoming incoherent, slurring or making mistakes in speech Becoming argumentative A Lack of Judgement Being careless with money Annoying patrons & employees Saying silly things Exhibiting inappropriate sexual behaviour Drinking quickly Clumsiness & lack of co-ordination Swaying & staggering or dizziness Slurred speech Falling down Bumping into furniture & customers Spiling drinks Fumbling with change & cigarettes Slow to react reduced movement skills
SIGNS OF INTOXICATIONimmediate effects Decreased alertness • Drowsiness or dozing • Rambling conversation • Loss of train of thought • Difficulty in paying attention to others • Not hearing or understanding what is said Physical signs • Glassy eyes & lack of focus • Smell of liquor • Sweating • Respiration slow or shallow • Vomiting • Delays in answering questions • Asleep • Unconscious possible death Erratic Drinking Patterns • mixing a wide range of drink types • drinking quickly & asking for more immediately • ordering more than one drink for the same person • ordering ‘triple shots’ or extra large drinks
The wide range of characteristics we looked at on the previous overhead can make it difficult when assessing intoxication. • The best way to tell if someone is intoxicated is to look for a combination of intoxicated behaviours—loud, careless with money, staggering, spilling drinks and a strong smell of alcohol.
Signs of Intoxication Long Term Effects • Damaged stomach lining • Depression • Skin problems • Sexual impotence • Sperm damage • Liver damage • Brain damage • Heart and blood disorders • Reduced ability to repel infection • Damage to unborn foetus
Alcohol Affected Customers • Section 108 (3) of The Act refers to the refusal of service to drunk & disorderly patrons if you let these people on your premises $10,000 fine for the manager $4,000 for YOU • Section 115 (3) a person is drunken for the purposes of this Act if the person’s speech, balance, co-ordination, or behaviour is noticeably affected by liquor • The Act also refers to refusal of patrons who are displaying violent, quarrelsome, offensive or disorderly behaviour, or dressing in a way that conflicts with the advertised dress standards of the Hotel
What action should you take with intoxicated customers? In serving alcohol responsibly, sometimes you will need to refuse service. Service is refused for the following reasons: • safety of the customer—in a state of intoxication the customer is more likely to fall, slip, cut or harm themselves. • safety of others—in a state of intoxication the customer is more likely to cause harm to others because they are unaware of their actions. • provisions of the Liquor Act (for each State)—it is illegal to sell alcohol to intoxicated customers • civil liability—if an intoxicated person injures themself or someone else both you and the venue could be sued. • If a customer is displaying intoxicated behaviour, you will have to decide whether to refuse service to them. Remember that you are still providing a service to customers. You do not want to encourage intoxicated behaviour, but nor should you offend or embarrass the customer.
How do you refuse service to a customer? • It is not easy to refuse service to a customer. If it is not done properly, the situation can get out of control. You should have a clear knowledge of what the house policy at your establishment is on how to refuse service. • You should be prepared to carry this out and be ready to call your management if necessary
These steps are designed to help you remember what to do when refusing service. It is called the ‘Take Care’ Method of refusing service • T ell early Watch for the obvious signs of someone becoming intoxicated A void put-downs Don’t try to embarrass the customer • K eep calm make sure that the tone of your voice is not raised or aggressive • E ver courteous Customer service expects that you respect your customers • C larify refusal Explain why service is being refused. Focus on the behaviour, not the person • A lternatives Offer to call a taxi, or switch customer to low or non- alcoholic beverages • R eport to manager Keep other staff informed on what has happened and use a logbook to keep track of any incidents • E cho Reinforce when or if the customer returns why they were refused the first time. Make it clear it ws their behaviour and not them personally
What is a 'refusal of drinks policy'? • For whatever reason you refuse service in your establishment make sure that it is done consistently and suitably by all your staff in a way that minimises conflict. Follow your house policy and ensure all staff understand how to implement the policy. • Remember, you have a moral and legal reason for refusing service to customers. • You can only refuse service on the basis of their intoxicated or unruly behaviour, not because of race, sex, religion, etc. This is discrimination and they have the right to take the matter to the Australian Human Rights and Equal Opportunity Commission
Strategies for Refusing Service • In declining to serve the customer any more alcohol you may choose to offer reasons such as: • “I’m sorry but it is against the law for me to serve you any more alcohol” • “We can lose our licence if I serve you any more alcohol” • “Because of Management’s concern over drinking and driving accidents, we have to be more cautious in serving partons.”
Un-cooperative customers • What you can do if customers persist in wanting to know why you can't serve them: • As a responsible server of alcohol, you need to be diplomatic and calm when dealing with refusal of service to customers. Good conflict resolution and communication skills will help you achieve this. • Focus on their behaviour, stay calm, be assertive not aggressive, avoid personal judgements, state your responsibility under the law. Involve management and security if you need to. Do not be afraid to do this. Management will support your decision
Management of intoxicated violent or quarrelsome patrons • Look for the signs of intoxication • Comment about their behaviour • Ask companions to intervene • Refuse service • Call security/manager/police • Keep an incident log of any event that includes violence, quarrelsome and threatening behaviour. If the customer injures a third party after leaving your premises, the record of events may be of assistance. It may at least identify that you have shown a duty of care to this customer and prevent litigation to you and the establishment
What if intoxicated customers refuse to cooperate with your suggestions? Sometimes, even if you have been polite, helpful and responsible, customers who have been refused service will refuse to accept your suggestions. They might continue to insist on being served. They may even become abusive or violent and cause conflict. Should this happen then you may need to get others involved. If there is any incident, don't forget to write it down in the incident log. Remember to keep using appropriate communication skills and remain calm and non-aggressive.
Working as a team and communicating with your customers and colleagues will help, should you be in a situation where customers are well on their way to becoming intoxicated. • Most customers will do as you say if you talk to them in a respectful manner without demeaning them in any way. Quite simply, if you give them respect (as much as is possible), you will get it back.
Element 2:Prepare and serve alcoholic beverages responsibly • 2.1 Serve alcohol in accordance with provisions of relevant State/Territory legislation, licensing requirements and responsible service of alcohol principles. • 2.2 Prepare and serve standard drinks in accordance with industry requirements. • 2.3 When requested, give accurate information to customers on alcoholic beverages in accordance with enterprise/house policy and government regulation, including: • types • strengths • standard drinks • alcoholic percentages of a range of frequently served drinks. • 2.4 Identify issues regarding service of alcohol to different types of customers and incorporate them into service.
What is Blood Alcohol Concentration -BAC ? • BAC is a measurement of the amount of alcohol in the bloodstream and is measured by the number of grams of alcohol in 100ml of blood. • As soon as a person starts drinking, their BAC begins to rise. It takes 30 to 60 minutes after they have stopped drinking to reach the highest concentration. This means that even though a person may not have had a drink for more than ½ an hour their BAC may still be rising. • BAC can be affected by – • the amount of alcohol consumed & over what period (rate of consumption) • the time since stopping drinking, & whether they’re a regular drinker • weight, fitness, general state of health & mood • gender • time since eating food • any medications or other substances (drugs) being taken
How does Standard drinks relate to BAC? • A standard drink (any drink which contains approx 10grams of alcohol will add about 0.02 to the BAC of an average sized man in one hour. • A standard drink will add approximately 0.03 to the BAC of a standard sized woman in one hour. Thus two standard drinks for a man in one hour will bring him up to 0.04 and the same for a woman will bring her up to 0.06 – she is now over the drink driving limit which is being under 0.05 It is vital to take into account all body considerations – age, height, gender, weight, fitness, disease, drug consumption.
Standard Drink Safe Recommendations For women • Low risk is < 2 standard drinks per day • Hazardous – 2 to 4 standard drinks per day • Harmful is > 4 standard drinks per day For Men • Low risk is <4 standard drinks per day • Hazardous – 4 standard drinks per day • Harmful is > 6 standard drinks pr day
How is alcohol removed from the bloodstream • Alcohol is removed from the bloodstream predominantly via the liver. A healthy liver can, as a general rule, remove one standard drink per hour. • Therefore if you have five standard drinks in an hour it should take five hours for all the alcohol to leave the body.. Beware ..!!!!!!! • Binge drinking will damage the liver and affect how fast it breaks down alcohol and absorbs it.
What are some of the myths about sobering up? FRESH AIR, EXERCISE OR A COLD SHOWER They do not remove alcohol from the blood stream. They may wake you up or create a little more time in which your body can get rid of the alcohol, but they don’t make you less intoxicated. COFFEE Because coffee is a stimulant it does make people more alert. That does not make them less drunk. They are just more alert & drunk. VOMITING Vomiting will not reduce the concentration of alcohol already in the bloodstream. What it may do is prevent any alcohol in the stomach being absorbed into the bloodstream – at best this is likely to be the last drink. MIXING YOUR DRINKS MAKES YOU DRUNK FASTER Mixing your drinks may not make you feel well. However, it is the alcoholic content of the drinks that makes you drunk & decreases your normal abilities.
Element 3:Assist customers to drink with in appropriate limits • 3.1 Encourage customers courteously and diplomatically to drink within appropriate limits. • 3.2 Recognise erratic drinking patterns as an early sign of possible intoxication and take appropriate action. • 3.3 Monitor the emotional and physical state of patrons for signs of intoxication. • 3.4 Where appropriate, offer food and non-alcoholic beverages. • 3.5 Politely decline requests for drinks to be dispensed in a manner which is irresponsible, or which encourages the rapid or excessive consumption of alcohol, and advise customers on the reasons for the refusal where appropriate. • 3.6 Refuse service to intoxicated customers in a suitable and consistent manner, minimising confrontation and arguments and pointing out signage where relevant.
How to drink responsibly You can monitor your drinking if you: • Start with a non-alcoholic drink. • Eat before and while drinking to slow the absorption of alcohol into your bloodstream. • Avoid salty snacks that make you thirsty and make you drink more. • Make every second or third drink non-alcoholic. • Try low alcohol drinks. • Always keep your drink with you to minimise the risk of drink spiking.
Irresponsible drinking behaviour • How fast the customer is drinking • Who is buying the drinks • The types of drinks are being ordered i.e. Jugs, shots, doubles or triples, spirits, easy to drink pre-mixes, or Cocktails, which can contain as much alcohol as five or six standard drinks, depending on the recipe. • Who is drinking with the customer? • Are the customers involved in rounds or ‘shouts’ • Customers who are urging other customers to drink • Drinking games or contests • What food (if any) is being eaten with the alcohol.
Calories Alcohol is high in calories but not in vitamins • 1 pint of beer = 150-180 clrs • 1 sherry = 60 calories • 1 whisky = 58 calories • 1 brandy = 75 calories • 1 glass of white wine = 80 clrs • 1 pint of cider = 200 calories
Server Beware • Beer in Australia is served ‘on tap in 285 ml glasses – in Western Australia, NSW and ACT called a middy, in Vic, Qld and TAS called a “pot” and called a ‘handle’ in NT. • A can of beer contains 375mls • So a can of beer versus a middy of beer is approximately 1 ½ standard drinks in a can • A standard glass of wine equals 100ml – most wine glasses are 160-200mls or greater – possible 2 standard drinks in one glass of wine. • Adding a mixer i.e. coke or ice or water to a spirit does not reduce the alcohol – it simply makes the spirit easier to drink quickly.
Serving Responsibly • There is a huge range of pre-mixed beverages available aimed to capture the younger market. These beverages are often very high in alcohol and can equal up to two standard drinks. • For example, a 275 ml bottle of Smirnoff Double Ice is 7% alcohol volume and Bacardi Breezers are 5.6%. Keep an eye out for any new beverages and check the label to find out the alcohol volume and number of standard drinks.
Strategies to Serve Responsibly • Should all customers be treated the same? People are unique. The way they look, sound and act varies from person to person. When assessing the intoxication levels take this into consideration and don't jump to conclusions with limited information. Instead gather as much information as you can before you reach the conclusion that a person is intoxicated. • There are no hard and fast rules about how alcohol will affect people. Let's look at a range of people characteristics and a few things to consider to help shape your assessment: • Customers with disabilities • Familiarity with specific customers • Physical stature • Demeanour and mood • Social context • Perceived health status • Personality types
Offering food • Serving food helps prevent intoxication because it slows the absorption of alcohol into the bloodstream and customers are less likely to drink if they are eating. • Don't fall into the trap of thinking that 'if I eat a big meal before I go out then I won't get as drunk'. This is a myth. • Having food in your stomach does not stop you from getting drunk, it just slows down the rate at which the alcohol is absorbed. All the alcohol that you drink will eventually be absorbed into the bloodstream no matter how much food is in your stomach. • Many people 'drop in' for a drink straight after work and have a relatively empty stomach. Some establishments offer free or well-priced bar snacks that are appreciated by customers. As a responsible server of alcohol it is your responsibility to promote food when appropriate to do so.
Offering non-alcoholic beverages • Non-alcoholic beverages if developed and promoted properly are also a good alternative. • Gone are the days when the only non-alcoholic drinks served were lemon squash, lemonade, Coke and raspberry. • Today many licensed premises make non-alcoholic cocktails, smoothies, fresh juices and offer a range of exotic bottled juices and soft drinks. Again it is up to the staff to promote these drinks. • Both of these factors benefit the industry because they mean more sales and fewer intoxicated persons on licensed venues therefore giving the industry a better name.
How do you politely decline requests for certain drinks? You may have to decline requests for drinks to be dispensed in a manner that encourages the rapid or excessive consumption of alcohol. These include drinks such as: • test tubes • yard glasses • laybacks • jugs of spirits and mixers • shooters • The establishment should adopt a HOUSE POLICY and ensure that everyone follows it. Staff must provide the reason for refusal, stating that it is against house policy to serve such drinks – (QUOTE “It is against our stated house policy here at ……) and be confident and comfortable in doing so.
Drink Spiking What to look out for • Signs of poor co-ordination, loss of inhibition,confusion,feeling sick or fain, unconsciousness • Afterwards, they may not remember anything • The effects are similar to (excess) alcohol, but comes on faster • The drugs used multiply the effects of alcohol
Drink Spiking What to do • Stay with the person (this has saved many victims from being raped) • If unconscious seek medical attention • Notify bar staff or police ASAP • Get them home or to a safe place • Get a urine test ASAP (within 12-24 hours) through police or your GP. “The proof is in the pee” • Try and keep the suspect drink – it can be tested • If you think you were assaulted try not to wash to preserve evidence for prosecution • Drink spiking is a crime report to a police station as early as possible For further information Alcohol and Drug information or visit www.drugaware.com.au/pages/hotissues.asp
Element 4: Assist alcohol affected customers • 4.1 Assess intoxication levels of customers using a number of methods including: • observation of changes in behaviour • observation of emotional and physical state of customers • monitoring noise levels • monitoring drink orders. • 4.2 When assessing intoxication, take into account factors which affect individual responses to alcohol including: • gender • weight • general health • rate of consumption • food intake • other substances taken.
Element 4: Assist alcohol affected customers • 4.3 Politely make offers of assistance to intoxicated customers as appropriate including: • organising transport for customers wishing to leave • offering non-alcoholic drinks • assisting customers to leave • offering alternatives to alcohol such as food. • 4.4 Where appropriate, give patrons a verbal warning or ask them to leave the premises in accordance with enterprise/house requirements, the specific situation and provisions of State/Territory legislation/regulations. • 4.5 Use appropriate communication and conflict resolution skills in handling difficult situations. • 4.6 Refer difficult situations beyond the scope of individual responsibility to the appropriate person. • 4.7 Promptly identify situations, which pose a threat to safety or security of colleagues, customers or property, and seek assistance from appropriate colleagues according to enterprise policy.
Providing Safe transport • Direct them to the taxi ramp • Arrange another person to take them home – make a phone call for them if necessary • Stay with someone who is badly intoxicated ensure they are taken care of safely or call security to stay with them
Why have a house policy? • A good strong house policy statement is a foundation for all other action • It provides a clear reference for all staff • It documents your compliance with the Liquor Act