A former licensee of Tamworth’s Southgate Inn has been banned from holding a license by the NSW Independent Liquor & Gaming Authority (ILGA) for one year following an incident where a heavily intoxicated person fell, sustaining multiple injuries.
Across a five-hour period on 7 February 2023, around sixteen drinks were served to a man who was then allowed to purchase a bottle of rum from the pub’s bottle shop.
Soon after the purchase, the man fell outside the hotel, where an onlooker said he hit his head and lost consciousness for over a minute.
The man was transported to Tamworth Base Hospital where he was treated for a head laceration, wrist pain, a cervical spine fracture and intoxication. His blood alcohol level was 0.33, close to seven times the legal limit for driving.
Two days after the event, a member of the public made a complaint to ILGA.
Liquor & Gaming NSW (L&GNSW) investigated the complaint which alleged hotel employees breached their Responsible Service of Alcohol (RSA) obligations.
While the licensee, Michael Squires, had held a clean record for over twenty-five years and was not present when the event took place, a decision published on 14 January this year determined that Squires was responsible.
Dimitri Argeres, L&GNSW Executive Director Regulatory Operations said that ultimately the behaviour of bar staff was the responsibility of the licensee.
“It is important that licensees and venue managers train their staff and have procedures in place to ensure the responsible service of alcohol. Licensees must ensure their venue operates safely, even when they are not present,” said Argeres.
Pub owners The Pub Group, also known as TPG Hotels, along with a former barperson claimed that the patron did not appear to be intoxicated, although CCTV footage showed both the man and a friend, who had been served a similar amount of alcohol, swaying and stumbling.
“Apart from breaking the law, the actions of hotel staff in this instance put the patron at risk of significant harm which led to serious injury. As this case shows, venues that fail to abide by RSA requirements can expect to be caught and face significant consequences,” continued Argeres.
Argeres advised that compliance officers from L&GNSW regularly visit venues across NSW to investigate reports and ensure RSA compliance, sometimes utilising covert checks.
In 2024 a Newcastle licensee was similarly banned from holding a liquor licence for two years when a patron was found to have been served the equivalent of over thirty-five standard drinks.
A factsheet designed to assist venues in managing intoxicated patrons is available from L&GNSW here.
