Liquor Licensing Control Act 1988

1
Liquor Licensing Control Act 1988

• Overview of Licences and Summary of
• Mandatory Knowledge for
• Approved Managers

2
Objects of the Act",

• The minimisation of harm or ill health caused by
  the use of liquor.
• to regulate the sale, supply and consumption of
  liquor
• to regulate, and to contribute to the proper
  development of, the liquor, hospitality and
  related industries in the State
• to cater for the requirements of the tourism
  industry
• to facilitate the use and development of licensed
  facilities reflecting the diversity of consumer
  demand
• to provide adequate controls over, and over the
  persons directly or indirectly involved in, the
  sale, disposal and consumption of liquor, and
• to provide a flexible system, with formality of
  technicality as may be practicable, for the
  administration of the Act

3
Liquor Licences and Permits

• Hotel
• Night Club
• Casino
• Special facility
• Liquor store
• Small Bar
• Club and club restricted
• Restaurant
• Producer
• Wholesaler

4
Obtaining a Liquor Licence

• The following will be taken into consideration
  for anybody applying for a Liquor License
• the creditworthiness of that person
• the character and reputation of that person
• the number and nature of any convictions of that
  person for offences in any jurisdiction an
  extension of the previous point
• the conduct of that person in respect to other
  businesses or to matters to which this Act
  relates and does the person have the skills and
  required business ethics to be involved in the
  sale of alcohol
• any report submitted, or intervention made,
  under section 69, The commissioner of police or
  other agencies may be requested to provide
  reports as evidence
• The licensing authority may require a person
  wishing to be appointed to a position of
  authority in the conduct of a liquor licence to
  demonstrate relevant knowledge or undertake
  training relevant to managing licensed premises.

5
Licence maybe granted to

• (a) to a natural person
• (b) to a body corporate
• (c) to an unincorporated body of persons in
  accordance with section 35A or
• (d) jointly to two or more of the above.
• 2. Where a licence is granted to 2 or more
  persons, those persons are jointly and severally
  liable -
• (a) as licensee and
• (b) in respect of any civil or criminal
  liability that attaches to the licensee under
  this Act.

6
The most common offences committed under the
Liquor Control Act are those that involve

• Juveniles
• Overcrowding
• Trading outside permitted hours
• Trading contrary to a condition of the licence
• Unauthorised alterations
• Trading without an approved manager

7
Noise and Behaviour

• Licensees are obliged to operate their licensed
  premises in a manner that that does not have a
  negative impact on the surrounding community.
  This means that the Licensee is not only
  responsible for what happens on their premises,
  but also for issues that effect people, property
  and businesses due to the manner in which licence
  is operated.

8
Obligations of Licensee

• All licensees must provide free, potable drinking
  water for consumption on the premises during all
  hours that liquor is available.
• Members of the Police Force have the power to
  close licensed premises if they believe that the
  closure is in the best interests of the
  community.
• The manager may declare special events and the
  Director licensing issue ETPs for these
  events.(Extention to Trading Permit)
• Police will have enhanced power including that of
  destroying opened and unopened liquor immediately
  
• The Liquor Licensing Act obligates those people
  involved in the running of licensed premises to
  refuse service to drunken persons and to those
  people it deems it would otherwise be
  inappropriate to sell alcohol to.

9
Obligations of Licensee

• Legislation will enable the Director of Liquor
  Licensing to ban a person from entering or being
  employed on, licensed premises under a
  prohibition order.
• Persons removed from, or refused entry to
  licensed premises must leave the area of the
  premises, including car parks. Failure to do so
  immediately may result in Police action including
  a move on notice.
• Incident register
• All licenses must maintain an incident register
  to be available for inspection at all times. For
  format, see RGL website.
• Liquor accords
• Parties to liquor accords may request the
  Director to vary, impose or cancel conditions on
  any licence.

10
Internet sales

• Licensees can sell over the internet if
• They have a valid licence
• Do not sell to juveniles
• Provide specific information (see Sale of
  liquor on internet policy at www.rgc.wa.gov.au)
• Do not sell prohibited alcohol products

11
There are numerous Acts and Regulations that
licensees need to be aware of, these include

• Liquor Control Act
• Security and Related Activities (Control) Act
• Racial Discrimination Act
• Equal Employment Opportunity Act
• Occupational Safety and Health Act
• Health Act
• Fair Trading Act
• Gaming Commission Act
• Local Government Act

12
Responsibilities and Liabilities

• Duty of Care
• A duty of care is a duty owed by one person to
  another and based on the particular relationship.
  A duty of care is not a one sided obligation if
  you owe a duty of care to an individual, they
  also owe a duty of care to you.
• To be liable for negligence in relation to
  another person, an individual must owe a legal
  duty of care to that other person.

13
Negligence

• Negligence is the basis of most personal injury
  cases. Its four elements are as follows
• 1. The defendant owed a duty of due care (that
  is, bound to act as a reasonably prudent person
  under the circumstances) to the plaintiff
• 2. The defendant breached that duty
• 3. The defendant's breach was the legal and
  proximate cause of injury to the plaintiff
• 4. The plaintiff suffered damages as a result
  of the defendant's actions.
• These elements are often summarized as the
  formula of "duty, breach, causation, and
  damages."
• Obviously, whether any given injury can be
  brought as a negligence claim depends upon
  whether a lawyer can convince a court that the
  defendant owed the plaintiff a duty of due care
  to not inflict the particular injury at issue.

14
Misrepresentation

• In contract law, a misrepresentation occurs when
  a party to a contract makes a representation by
  words or conduct that conveys a false or
  misleading understanding. For example, under
  certain circumstances, false statements or
  promises made by a seller of goods regarding the
  quality or nature of the product that the seller
  has may constitute misrepresentation.
• There are three different classification of
  misrepresentation.
• Innocent Misrepresentation When the
  representation is made with an honest belief that
  it is true.
• Negligent Misrepresentation When the
  representation is made carelessly.
• It is a requirement that the maker of the
  representation knew or ought to have known that
  the representations were likely to be acted upon.
  Naturally, the representations must be false, and
  made negligently, i.e. without taking appropriate
  care.
• Fraudulent Misrepresentation When the
  representation is made with intent to deceive and
  with the knowledge that it is false.

15
Occupational Safety and Health Act

• Employers have a duty under the Occupational
  Safety and Health Act to provide a safe
  workplace. They must develop safe systems of work
  and provide supervision, instruction and
  training. They must consult with employees and
  safety and health representatives on occupational
  safety and health matters.
• Employees must take reasonable care to protect
  themselves and others from hazards in the
  workplace. They must cooperate with employers,
  follow safe work procedures and use protective
  equipment.

16
For an employee to succeed in a damages claim in
which it is alleged that the system of work was
unsafe four elements must be proved

• Foreseeability That the employer's operations
  involved a risk of injury that was reasonably
  foreseeable.
• Preventability That there was a reasonable
  practicable means of obviating that risk.
• Causation That the employee's injury was caused
  by the risk in question.
• Reasonableness That the failure of the employer
  to eliminate the risk showed a want of reasonable
  care for the employee's safety.

17
Risk Management

• The investment made in obtaining a liquor licence
  is quite considerable and the potential for
  exposure to risk can be significant if the
  licence is not operated in accordance with the
  requirements of the Liquor Control Act.
• Generally, risk management is the process of
  measuring, or assessing risk and then developing
  strategies to manage the risk. In general, the
  strategies employed include
• Transferring the risk to another party.
• Avoiding the risk.
• Reducing the negative effect of the risk, and
• Accepting some or all of the consequences of a
  particular risk.
• This section discusses some strategies to manage
  the risks associated with operating licensed
  premises.

18
Customer Service

• To be successful in any business you must provide
  for the needs of your customers,
• Once you have a clear understanding of the type
  of business you wish operate and the way you wish
  to operate it, you then need to determine if this
  fits with your customer's needs. You will need to
  have an understanding of
• Who - your customers are
• What - they come for
• When - they come
• Why - they come to you
• Where - they come from

19
Customer Service

• If your customer's expectations do not match your
  vision you will need to re-evaluate the operation
  of the business. This means that you will need to
  do one of two things
• Change the business to meet the expectations of
  existing customers or
• Change the business to attract new customers
• At the end of the day it is up to the business
  operator to make the changes required for the
  business to succeed.

20
Responsible Service of Alcohol

• The reasons for providing responsible service of
  alcohol are both moral and legal. Moral reasons
  relate to your concern for the wellbeing of
  another person. Legal reasons include concerns
  over negligence in civil matters along with the
  liability and legislative requirements under the
  Liquor Control Act. This is now clearly
  demonstrated with the object of the Act that
  refers to harm minimisation.

21
Elements and Performance Criteria

• Identify customers to whom service may be refused
• Prepare and serve alcoholic beverages responsibly
• Assist customers to drink within appropriate
  limits
• Assist alcohol affected customers