Liquor & Gaming NSW has announced it be taking a “supportive and educative approach” to compliance in the wake of the COVID-19 reawakening.
L&G notes the pandemic has created an “exceptional set of circumstances” that has and will have major impact on licensed premises, requiring flexibility on the part of the regulator.
It notes the risk profile of venues has changed and that many licence conditions are irrelevant in the current environment.
On 14 May the NSW Minister for Health and Medical Research issued the Public Health (COVID-19 Places of Social Gathering) Order (No 2) 2020, outlining requirements for food and drink venues permitted to serve alcohol.
This dictated the current allowance for up to ten patrons for foodservice, with alcohol to be sold only with food. It also governs regulations on selling food or drinks to consume off-premise, and venues being used for private functions, such as weddings.
Venues opening for the limited capacity period will see a more flexible approach to enforcement of any regular licence conditions, with a primary focus during ongoing enforcement activity to be on matters posing significant risk to public safety and community wellbeing.
This flexibility will include the presence of security guards and RSA marshals, and roles designed to minimise harm during normal operations, such as glass collectors. Patron ID scanner use will be expected at certain times.
“While legislative requirements remain in force, Liquor & Gaming NSW will have regard to the unprecedented pressures on industry and take a reasonable and proportionate response to compliance,” offers the L&G Statement of Intent.
What will also remain a priority for inspectors will be the sale or supply of alcohol to intoxicated persons or minors – considered to be some of the most serious offenses under the Liquor Act 2007, attracting significant penalties potentially including imprisonment.
Takeaway and delivery services providing alcohol may continue even for venues without the normal authorisation for consumption off-premise, but this must occur from the registered address of the licensed premise.
Also, L&G expects these venues to have a system of controls in place to ensure liquor is not sold to minors or intoxicated persons.
Inspectors will reportedly take into consideration genuine attempts by operators to comply with licence conditions and other requirements, and the softer approach will remain in place while the Public Health Order 2020 remains in force.
Refer to the Liquor & Gaming NSW website for more information on appropriate evidence of age and prevention of intoxication, which may assist in preparing policies and procedures and clarifying legislative obligations.
