Licensee Update - Office of the Liquor and Gambling Commissioner

COOBER PEDY TRIALLING ALCOHOL REGISTERLicenseesin CooberPedy (right)are triallingan ‘alcoholregister’An ‘alcohol register’ isa new initiative severalCoober Pedy licensees aretrialling to help promotethe responsible service ofalcohol.Licensees in the outback townare recording, and whereappropriate, reporting thesale of large quantities ofliquor to local police. This isa preventative measure tocontrol the transportationof alcohol from Coober Pedyto nearby dry areas such asthe Anangu Pitjantjatjara(APY) Lands and Umoonacommunity.Officer in Charge of the CooberPedy Police Station, SeniorSergeant Mark Weaver, saidpolice recently apprehended a‘grog runner’ travelling fromCoober Pedy to Ernabella, as aresult of the new register.Snr Sgt Weaver said policeseized 43 litres of alcohol fromthe offender after they werenotified of a large purchase ofalcohol at Coober Pedy’s OpalInn Hotel. He said the liquor,which was destroyed at thescene, was purchased by threepeople in an effort to avoiddetection.The success of the trial, whichbegan in June, will be reviewedby Coober Pedy LiquorLicensing Accord stakeholders.Signs notifying patrons ofthe new reporting initiativehave also been provided bythe OLGC to the Coober PedyPolice Station for licenseesto display at their licensedpremises.Like other SA accords, theCoober Pedy Accord helpslicensees to tackle alcoholrelatedproblems throughpartnerships with police, localcouncils and relevant healthagencies.The Accord was establishedin February 2003 after locallicensees approached Liquorand Gambling Commissioner,Bill Pryor, for help to addressliquor related anti-socialproblems in the town.Accord stakeholdersmeet at least two to threetimes per year to assessappropriate cooperative harmminimisationmeasures suchas the alcohol register.Meanwhile, Coober PedyAccord stakeholders havealso come to an agreement inrelation to minors in licensedpremises to assist with truancyproblems in the town. Theagreement will be amendedto include a provision thatminors will not be permittedon licensed premises duringschool hours.www.olgc.sa.gov.au Spring 2007 Licensee Update Page 5

Intoxicated personsIf you believe the customer isintoxicated, politely but firmlyrefuse service.To assess whether a personis intoxicated the followingguidelines should beconsidered:• Whether the person’sspeech is slurred or slow.• Whether a person hasdifficulty walking, standingor moving, or is fumblingwith change.• Whether a person hasdifficulty understandingyou, answering questionsor asking for his or herintended purchase.• Whether a person displaysa change in behaviour(especially anti-social orinappropriate behaviour).• Physical signs includevomiting, violence andabusive language.Steps to help prevent furtherintoxication:• Ask the intoxicated personto leave the premisesimmediately upon thatperson coming to theattention of the staff onduty.• If this request is notcomplied with or thecustomer becomesaggressive, call forassistance from anotherstaff member who may(if required) attempt tocontact a police officer forassistance in removing theperson from the premises.• Refuse to serve the personany alcohol after becomingaware that the person isintoxicated (mandatoryrequirement of section 108of the Liquor Licensing Act1997).A licensee, responsible person,approved crowd controlleror police officer may usereasonable force to prevententry to, or remove fromlicensed premises, any person:• Who is intoxicated orbehaves in a disorderly oroffensive manner.• Whose presence on thelicensed premises rendersthe licensee liable to apenalty under the LiquorLicensing Act 1997.Revellers at last year’s Schoolies FestivalSecondary purchaseLicensees and staff,particularly bottle shopattendants, should be awareof secondary supply (a person18 years of age and over buysalcohol on behalf of a minor)warning signs:• A minor suggesting thepurchase of alcohol to anadult.• Possible evidence ofpooling money by minorsand handing the money toa young adult before theliquor is bought.• An adult purchasing thesame type of alcohol whichwas previously refused to aminor associated with thatadult.• Minors congregatingoutside or adjacent tolicensed premises.• A minor accompanying anadult when the purchase ofliquor is made.www.olgc.sa.gov.au Spring 2007 Licensee Update Page 7

BARRING PROCEDURESA licensees can now barpatrons who pose a risk to publicsafety by reputation, as a resultof a recent landmark LicensingCourt decision.On 4 May 2007, Judge Paul Riceupheld barring orders preventingthree members of the Hells AngelsMotorcycle Club from enteringor remaining on the premises ofAdelaide nightclub HQ.The decision means licensees canrefuse entry to outlaw motorcycleclub members (‘bikies’) who maypresent a danger to patrons and/orstaff because of the reputation oftheir club for violence or criminalactivity (under section 125 of theLiquor Licensing Act 1997).Barring procedureBarring a person from yourpremises is a very straightforwardprocedure; either you, as licensee,or a ‘responsible person’ for yourpremises, must complete an ‘orderbarring person from licensedpremises’ form.The form must be completed in asmuch detail as possible. However,the address of the person beingbarred is not required. A person canstill be barred even if you do notknow their surname.The following is an example of thewording that may be used whenjustifying the barring of a ‘bikie’:“The person is a known member orassociate of an outlaw motorcyclegang and having regard topast behaviour and problemsexperienced at these and/or otherlicensed premises, it is a reasonableapprehension of management that adanger to patrons and staff is likelyto result by allowing entry into thelicensed premises.”The completed formmust then be ‘served’on the person whois being barred. Ifthe person refusesto accept the form,it is still consideredto have been servedprovided you bring itto the person’s attention by eitherphysically touching them with it, ordropping it at their feet. You mayalso serve the barring order byposting it to the person’s address (ifknown).A copy of all orders must be kept onthe premises. If a person has beenbarred for more than six months,a copy of the order must also beprovided to this Office within sevendays of service.Summary Offences ActA licensee, as the occupier of apremises, is guilty of an offenceif he or she permits personsof notoriously bad character tofrequent his or her premises [undersection 21 of the Summary OffencesAct (1953)].In order to avoid prosecution fora breach of this section, you maychoose to bar such persons. The HQdecision has confirmed this wouldbe considered a ‘reasonable ground’to bar a person, provided youknow that a person of notoriouslybad character have repeatedlyfrequented your premises.The following is an example of thewording that may be used whenjustifying the barring of a ‘bikie’under the Summary Offences Act:“The person is a known member orassociate of an outlaw motorcyclegang and is deemed to be a personof notoriously bad character. Toallow the person to frequent thepremises would be in breach ofsection 21 of the Summary OffencesAct 1953.”Page 8 Licensee Update Spring 2007

FROM THE LICENSING COURTThe following disciplinary action, under Section 120 of theLiquor Licensing Act (1997), was recently determined.VIETNAM PALACEThe former licensee of the Vietnam Palace has indefinitelybeen suspended from holding a liquor licence or beingapproved under the Liquor Licensing Act (1997).Despite several reminders, the defendant failed to appear beforethe Court on numerous occasions. However Judge Rauf Souliofound sufficient grounds for disciplinary action were establishedand the matter proceeded in the defendant’s absence.Judge Soulio found that the defendant had allowed therestaurant, previously located in Gouger Street, to deteriorateinto a state of disrepair. He said the former licensee endangeredthe safety, health and welfare of patrons resorting to thepremises by neglecting the management of the business.Judge Soulio also found that proper signage and a copy of theliquor licence were not displayed as required by the Act andconditions of the licence.POKER TOURNAMENTSAn increasing number ofSouth Australian licensedvenues are now stagingpopular poker tournamentssuch as the National PokerLeague’s free ‘TexasHold‘em Poker’ game.The Liquor and GamblingCommissioner has receivedadvice from SAPOL that undercertain conditions pokertournaments may not breachthe Lottery and Gaming Act1936 (LGA) and thereforeparticipants are not liable toprosecution.The OLGC has receivedrequests for approval toconduct such tournaments.Licensees should be awarethat if the tournaments aretaking place on licensedpremises an entertainmentconsent is required for thearea where the tournament istaking place.If the tournaments are nototherwise unlawful underthe LGA then no approval isrequired.Licensees should seek theirown advice on the legality orotherwise of any proposedtournament, clearly statingthe terms and conditions ofthe proposed tournament, toensure that they are not inbreach of the LGA or otherwisein contravention of the law.www.olgc.sa.gov.au Spring 2007 Licensee Update Page 9

ARE LESS RISKY DRINKERSMembers of clubs involvedin the Good Sports programare less likely to drinkalcohol at risky levels, anevaluation has found.An initiative to help sportingclubs better manage alcoholuse, Good Sports involvesclubs moving through a threestage accreditation process.A reduction in harmful alcoholconsumption at sportingclubs is one of the expectedoutcomes of the program.Additional benefits includea safer, more family friendlyenvironment, a decrease inanti-social behaviour and drinkdriving.Results showed:• As little as 13 per cent oflevel three accredited GoodSports club members drinkat risky levels, comparedto 41 per cent of clubmembers not involved inthe program.• Eighteen per cent ofmembers from level twoclubs and 26 per cent ofmembers from level oneclubs reported drinking atrisky levels.The study compared datafrom participating AustralianRules Football (AFL) clubsand combined football andnetball clubs from Victoria,Tasmania and South Australia.Data was also collected fromnon-participating AFL clubs in2005.Good Sports Manager BruceSurman said the resultssupport the view that clubsremaining in the programand progressing through theaccreditation levels are likelyto experience a continueddecline in risky drinking. MrSurman said these clubs canalso expect a reduction in thelikelihood of drink driving.“Self reported data shows thenumber of people driving homefrom sporting clubs, with ablood alcohol concentration(BAC) greater than 0.05 percent, is less for level threeclubs than level one clubs,” hesaid.“No level three club memberswho reported driving homefrom their club had anestimated BAC higher than0.05.”Mr Surman said clubspromoting themselves asGood Sports can attract newmembers, especially juniorplayers and their families,because the program isnot associated with a clubdominated by alcohol anddrunkenness.Good Sports is operatedthroughout SA by DASSA,together with communitypartners around the State. Theprogram receives support frommajor corporate sponsor, theRAA, and regional sponsor TheMotor Accident Commission.Clubs are invited to take partin this free program. For moreinformation contact BruceSurman at DASSA on (08) 82743317, email surman.bruce@saugov.sa.gov.au or visit www.goodsports.com.au.National Health and MedicalResearch Council definitionsof risky drinking levels can befound at www.nhmrc.gov.au.Page 10 Licensee Update Spring 2007

WEST END SAFETY AUDITThe recent West End Safety Audit focused on women’s safetyOLGC staff recentlyparticipated in one of theAdelaide City Council’s keysafety initiatives, the WestEnd Safety Audit.While the focus of the audit,conducted from 11.30pm on30 June to 3am on 1 July, waswomen’s safety, the wellbeingof all city visitors was alsoexamined. A majority of the 24participants, who were dividedinto two female and two mixedgender groups, were youngfemales who study, live, workor visit the West End precinct.Participants assessed thesafety of 22 specific locationsin the West End, includingLight Square.Audit organiser JenniferWest, the Council’s SeniorProject Officer for CrimePrevention, said the audit isan important safety initiativeaimed at making the late nightentertainment areas of the citysafer.Mrs West said the auditinformation will be collatedand a list of possible andrecommended interventionswill be added to the ‘West EndStrategies’ document. Thefindings will also be presentedto the West End ReferenceGroup.She said the completedresults will be analysed, crosstabulating responses fromfemale groups with those ofthe mixed gender groups.“This will provide both aquantitative and qualitativeanalysis of the selected auditlocations and provide detailedinformation about priorities forsafety upgrades or changes tosuch locations,” Mrs West said.Mrs West designed aninnovative ‘crime preventionthrough environmentaldesign’ auditing tool whichused gender as a key factor inassessing safety.“The audit tool providescouncil with community inputinto prioritising changes toenhance safety,” she said.SAPOL was also involved inthe audit. Sgt Rex Ranger, ofSAPOL’s Crime Reduction Unit,was one of four team leaders,while Senior ConstableMichelle O’Reilly and SgtKen Jaensch, of CommunityPrograms, conducted apre-audit safety talk forparticipants.The audit is among a series oflate night audits conducted bythe Council, in collaborationwith SAPOL and the OLGC.www.olgc.sa.gov.au Spring 2007 Licensee Update Page 11

Who’s drinking alcohol?The proportion of the population drinking alcohol at risky orhigh-risk levels has increased by 30% since 2001, and by over50% since 1995: roughly two million Australians (13%) arerisking their health and safety. 48% of adult males and 30%of adult females are at risk of immediate harm due to bingedrinking on at least one occasion during the year.ABS (2006) Alcohol consumption in Australia: a snapshotAlcohol guidelinesThe Department of Health and Ageing advise that there is noamount of alcohol that can be said to be safe for everyone.However, the Australian Alcohol Guidelines provide thefollowing recommendations for low-risk alcohol consumptionfor the general population:• For adult men—no more than 6 standard drinks on any oneday, spread over several hours, and no more than 28 in anyweek, with one or two alcohol-free days per week.• For adult women—no more than 4 standard drinks on anyone day, spread over several hours, and no more than 14in any week, with one or two alcohol-free days per week.For further information, see www.alcohol.gov.auTeenagers and Alcohol: a Guide for Parents, states that‘Teenagers can be vulnerable to the effects of alcohol …thereis no safe level of alcohol consumption for teenagers,especially those under 18’. The guide explains: ‘Alcohol isa potent drug that depresses the nervous system and changesthe way people think and feel.’ (www.alcohol.gov.au)A guide for teachers working with students in the senior yearsSocial activities, including parties and celebrations, are important in thelives of most of us, including young people. The ways in which we celebrateare often marked by the society and culture in which we live. For example,in Australia, social activities among adults often involve alcohol, which, ifnot used responsibly, can lead to risky behaviours. Children and young peopleare vulnerable to forming patterns of behaviour that can lead to harmfulconsequences, both now and in the future, and they can be easily influencedby the role modelling which adults demonstrate in relationto alcohol and other drugs.Compounded by the persuasiveeffects of industry-driven marketingcampaigns and consumerculture, alcohol use is frequentlyperceived as appealing, depictedas enhancing sociability andintimacy. For many young people,alcohol use can be seen as a riteof passage associated with becomingan adult: the need to fitin with their peers can add tothis pressure.Maintaining a sense of wellbeing in all its dimensions is the key to managinglife’s challenges and being successful. Whilst some people may feel this isnot an issue for them or their community, they live in a drug-using world:alcohol and other drugs can affect everyone in society. As young peoplemove into adulthood, they need to acquire knowledge, skills and strategieswhich assist them to have fun and which promote their own and others’safety, health and wellbeing, whilst simultaneously preventing andminimising the potential harm associated with social activities.The purpose of this guide is to build on existing resources and supportteachers in encouraging the wellbeing of young people, both at this timein their lives and for them to take beyond school into their early adultyears. For example, many young people will be experiencing lifestyle changesas they embark on new learning and earning pathways. This may includeincreases in independence, mobility and disposable income; the influenceof new social groups and experiences; and the challenges of finding waysto explore their identity and respond to new life challenges.Schools can play a significant role in equipping young people to makeinformed and considered decisions which reduce the risk to theirhealth and safety.‘SAFER PARTYING’ PACKRationale and introductionwww.drugstrategy.sa.edu.auA ‘Towards Safer Partying’pack, featuring educationalmaterial about drugs andalcohol, has been releasedby the Department ofEducation and Children’sServices.OLGC’s ‘Teenage Parties &Alcohol’ brochure is includedin the kit, in addition toinformation from partneragencies DASSA, EncounterYouth, Red Cross Save-a-mateand SAPOL.A ‘Towards safer partying guidefor teachers working withstudents in the senior years’is the key resource containedin the pack, which will bedistributed to governmentschools with senior secondaryenrolments.Manager of the LearnerWellbeing Project, SheryleeDawe, said the kit is notonly targeted towards youngpeople, but also parents andguardians.“The guide has a strong focuson the involvement of youngpeople in co-planning andco-facilitating approachesto safer partying issues thatare relevant to their schoolcommunity and promotespeer leadership, educationand mentoring as effectivestrategies,” she said.“It acknowledges the roleof adults and parents inmodelling responsiblepractices and providesinformation on a range oftopics such as a parents’guide to teenage partiesaround liquor licensing,talking to young people aboutdrugs, a guide for parentsre young people and alcoholand planning a safer party athome.”Licensees can obtain a copyof the guide from the websitewww.drugstrategy.sa.edu.au.RIVERLAND LIQUOR LICENSING ACCORDThe Riverland Liquor Licensing Accordaims to implement positive, effective andcommunity based harm minimisationmeasures to reduce crime, violence andanti-social behaviour within the Riverlandregion.Established in 2003, the Accord representsa regional, rather than local, partnershipapproach towards alcohol management in theRiverland. Existing liquor licensing accords inSA are generally locality based.The Accord was developed in consultationwith Riverland Police, licensees, councils,businesses, DASSA and the OLGC.Under the accord, forum stakeholders haveagreed to numerous principles relating to theresponsible service of alcohol, illegal sales,staff training, safety and security.As a result of the accord:• There has been increased communicationsbetween licensed venues and RiverlandPolice to identify problem patrons/offenderswithin licensed premises.• Information sessions for Riverland licenseesand clubs have been conducted by the OLGCin conjunction with police.• The Loxton Club introduced a ‘chill room’ ina bid to foster responsible social behaviourat the venue’s regular dance parties. Food isprovided in an alcohol-free room.Page 12 Licensee Update Spring 2007

THEN & NOW… LOXTON HOTEL- Special thanks toLoxton residents Peterand Carla Magarey,Pauline Mitchell and theLoxton Heritage WalkCommittee for supplyinginformation about thehistory of the LoxtonHotel.Almost 100 years sinceits establishment in1908, the Loxton Hotel isstill a popular place andintegral part of the Loxtoncommunity.The historic hotel-motel islocated near the River Murrayin Loxton, approximately 255kilometres north-east ofAdelaide. The Riverland town,which boasts a populationof more than 7000, iscelebrating its centenary (sinceproclamation) this year.The original single-storeyhotel was built in 1908 byOakbank (Adelaide Hills) basedbrewing company J & AGJohnston Ltd. The companyowned the freehold title for thehotel until 1936, however theLoxton Hotel Company heldthe leasehold for many yearsduring this time.Construction work on thehotel began in July 1908 andwas completed in October thatyear. According to a RenmarkPioneer (now The MurrayPioneer) newspaper article,dated December 12 1908, thebar was “at once thrown open”when locals received news, ataround 2pm on December 121908, that the hotel’s liquorlicence had been granted. Tocelebrate the occasion drinkswere free until 6pm.The article went on to say,“Mr George Whitcomb is thelicensee and it is generally feltthat he will prove a good manfor the position. Mr Whitcomb,who hails from Port Wakefield,has been managing a largeproperty at Bookpurnong foran Adelaide ‘syndicate’ who areputting a good deal of moneyinto developmental work.”Numerous changes havebeen made to the premisessince it was founded, withthe second-storey added in1921. A ‘long bar’ was built in1954, which was consideredto be the longest bar in theSouthern Hemisphere at thattime. In 1965 a motel andswimming pool were added,followed by a drive-throughbottle department in 1969.More motel units were builtin 1973, the ‘steak bar’ wasestablished in 1974 and majorimprovements were made tothe hotel in 2000 and 2001 at acost of $2.7 million.The recently-renovatedfront bar, fondly known tolocals as the ‘pigs trough’,is increasingly earning areputation for live music.The hotel has donatedhundreds of thousands ofdollars to local initiatives sinceit became community-ownedproperty in 1946. The LoxtonDistrict Council acquired thehotel in 1996.www.olgc.sa.gov.au Spring 2007 Licensee Update Page 13

PROMOTING A COMMUNITY WAY OF LIFEJeanette BarnesAssistant CommissionerJeanette Barnesrepresented SA at theNational Indigenous IssuesWorking Party (NIIWP)meeting, held in Sydneyfrom 18 to 19 June.Comprised of senior liquorlicensing officials from aroundAustralia, the NIIWP enablesregulators and policy makersto share information aboutliquor-related issues affectingindigenous communitiesand exchange ideas aboutsolutions.Ms Barnes said highlightsof this year’s meeting werepresentations about thesuccessful ‘Strong CommunityLife’ and ‘Midnight Basketball’programs being conducted inQueensland and New SouthWales respectively.The Strong CommunityLife program encouragesindigenous communities,particularly young people, tovalue and promote the positiveaspects of their community.The program indirectlyeducates communities aboutissues, such as alcohol anddrug use, that may detractfrom community life.The program engagedcommunities through localradio, launches of the programand the support of high-profileindigenous people in sportsand the arts.Ms Barnes said QLD will beupdating the progress andoutcomes of the programat the Australasian LiquorLicensing AuthoritiesConference, to be held inAdelaide this November.Meanwhile NSW MidnightBasketball program isessentially a basketballcompetition with a strongeducational component.Run by a not-for-profitorganisation based in theSydney suburb of Redfern, it isa condition of the competitionthat children complete aworkshop before participating.The workshops may be onvarious topics, such as health,personal development,teamwork and alcohol anddrug use.Participating children and theirfamilies are also provided witha meal and returned home bymidnight (hence the name ofthe program).Ms Barnes said MidnightBasketball has proven popularwith local families and youthrelated crime has reducedsince the program’s inception,according to local police.She said organisers are hopingto introduce the scheme toother states.FEES AND CHARGESLicensees are reminded that all fees and charges forliquor and gaming applications have changed. The newfees came into effect on 1 July 2007.For more information please visit our website.www.olgc.sa.gov.au Spring 2007 Licensee Update Page 15

Level 9, East Wing, 50 Grenfell Street, ADELAIDE SA 5000GPO Box 2169, ADELAIDE 5001Phone (08) 8226 8410Fax (08) 8226 8512Email olgc@agd.sa.gov.auwww.olgc.sa.gov.au