The NSW government is introducing a major change in licensing laws allowing operator discretion on removing intoxicated persons, in the pursuit of greater safety and reduced violence.
The change will require modification of the Liquor Act as it applies to the treatment of intoxicated patrons, which is slated to be introduced to parliament in the coming week.
“It’s a change to allow venues the option of either putting someone out of their venue if they’ve had one drink too many, or keeping them in the venue, keeping them safe while they perhaps get transport, while they sober up,” said John Graham, Minister for Music and the Night-time Economy, at an announcement on Saturday.
Existing NSW laws on intoxicated patrons leave no doubt that the licensee or staff are legally required to remove them from the premises, or risk ramifications.
Guidelines produced by Liquor & Gaming NSW (L&G) advise notifying the police if an intoxicated patron refuses to leave. Another option available to operators is a temporary ban.
The law mandating the expulsion of an intoxicated patron is intended to promote the responsible service of alcohol (RSA), but it has long been criticised as effectively forcing people who are by nature in a vulnerable state onto the street, where they are at risk of being involved in violence – whether as instigator or victim – or be endangered by hazards such as traffic. Women also stand a greater chance of becoming a victim of sexual assault.
The proposed change aims to better protect these compromised patrons, allowing licensees the discretion to prioritise patron safety and wellbeing over the immediate removal of someone who has had too much. They can be supervised, on the premises, while transport is summoned or they sober up sufficiently.
Rules will apply, notably a restriction on intoxicated persons entering the gaming room or being served more alcohol.
“There’s no vibrancy without safety,” added Graham.
“So as we increase vibrancy it’s imperative we also improve safety, and this measure will protect people when they’re at their most vulnerable.
“This is a practical step because in many cases the most dangerous place an intoxicated person can be is out on the street late at night.”
The policy change is a key component of the latest round of vibrancy reforms, which are said to focus on increasing safety for patrons and workers, removing the need for venues to choose between avoiding liability and looking after patrons.
“We have long advocated providing hotels and other licensed premises the option of managing patrons who are at risk of harm on their premises until transport or other assistance is provided, and the Government should be applauded for this reform,” says AHA NSW director of Liquor and Policing, John Green.
Minister for Gaming and Racing David Harris further suggests this change to the approach, along with other measures introduced such as improved sexual harassment and assault training for hospitality workers, will “make it easier for venue operators to keep people safe”.
Further initiatives in the third tranche of the vibrancy reforms include:
- Making extended trading hours incentives more accessible for regional venues
- Streamlining the process to remove outdated license conditions
- Special Event Extended Trading for up to 24 hours prior to an event
These build on changes coming from the first two tranches of vibrancy legislation, which focused on rejuvenating the state’s night-time economy by removing unnecessary restrictions on hospitality operators.
L&G will work with the hospitality industry to get appropriate measures in place and support venues in providing advice and guidance to staff and management.
