Workbook
Workbook
Mandatory training for all staff involved in the sale, service or supply of liquor in Western Australia.This course is nationally
accredited.
Course Overview
Welcome to the AHA’s online course in Provide Responsible Service of Alcohol (SITHFAB021).
Assess alcohol affected customers and identify customers to whom sale or service must be refused
Refuse to provide alcohol
This unit describes the performance outcomes, skills and knowledge required to responsibly sell or serve alcohol to satisfy
the requirements for responsible sale and service of alcohol (RSA) under State or Territory legislation.
A harm minimisation approach is central to compliance with liquor licensing legislation which, across all Australian States and
Territories, imposes obligations on all licensed venues to participate in the management of public safety through the provision
of harm minimisation practices, a duty of care and responsible sale and service of alcohol.
Responsible practices must be undertaken wherever alcohol is served and sold, including where alcohol samples are served
during on-site product tastings. This unit, therefore, applies to any workplace situation where alcohol is served and sold,
including all types of hospitality venues, retail liquor outlets and tourism venues such as wineries, breweries and distilleries.
This course applies to all levels of licensees, management, supervisory staff and sales personnel involved in the
management, sale or service of alcohol in licensed premises, including the licensee when involved in sales. Those selling
and serving alcohol may include food and beverage attendants; retail liquor sales persons; winery, brewery and distillery
cellar door staff; supplier sales representatives and the licensee.
Sell or serve alcohol according to provisions of relevant state or territory legislation, licensing requirements and
responsible service of alcohol principles.
Provide accurate information to customers on alcoholic beverages according to organisation or house policy and
government legislation, including types, strengths, standard drinks and the alcoholic percentages of a range of
frequently sold alcoholic beverages.
Assist customers with information on the range of non-alcoholic beverages available for purchase
Identify issues related to the sale and service of alcohol to different types of customers, especially those at risk, and
incorporate them into sales or service.
3) Assess alcohol affected customers and identify customers to whom sale or service must be refused
Assess intoxication levels of customers using a number of methods, including observing changes in behaviour,
observing emotional and physical state of customers, monitoring noise levels and monitoring drink purchases.
When assessing intoxication, take into account factors that may affect individual responses to alcohol.
Identify customers to whom sale or service must be refused according to state and territory legislation, including
minors, those purchasing on behalf of minors, intoxicated persons, and persons affected by the consumption of illicit
and other drugs.
Where appropriate, request and obtain acceptable proof of age prior to sale or service.
Refuse service in a polite manner and state reasons for the refusal.
Speak to intoxicated customers in a suitable and consistent manner, minimising confrontation and arguments and
pointing out signage.
Provide appropriate assistance to customers when refusing service.
Where appropriate, give patrons a verbal warning and ask them to leave the premises according to organisation or
house requirements, the specific situation and provisions of state or territory legislation and regulations.
Use appropriate communication and conflict resolution skills in handling difficult situations.
Refer difficult situations beyond the scope of individual responsibility to the appropriate person.
Promptly identify situations that pose a threat to the safety or security of colleagues, customers or property, and seek
assistance from appropriate colleagues according to enterprise policy.
INSTRUCTIONS TO CANDIDATE
COURSE ASSESSMENT & CERTIFICATION
To complete this nationally accredited course, you must prove your competency by completing the assessment at the end of each module the
course.
The assessment will take place predominantly online with multiple choice questions and you will be advised if you are competent (pass) as you
proceed through the modules, you will need to answer each question correctly before you are able to move on to the next module.
The final module of the course requires you to answer a number of short answer questions which should be answered in your own words. You
will also be required to upload a short audio file of yourself simulating refusal of service.
You can record and upload a short audio of your answer using either a smart phone application or a Desktop computer microphone or
recording application.
Useful Tips
· If you are completing on a desktop computer with no audio recording capabilities, audio recording files can be made on a smart phone
or tablet device and then be emailed to an account for download on the desktop computer. Using the available upload tool in the
training course, search and locate the file you have saved and upload for assessment.
· If using a smart phone or tablet, a recording application such as Voice Memos for Apple devices, or for Android devices. Name the file
and save in a location for upload using the upload tool in the training course.
If you are still experiencing issues or require further support, please don’t hesitate to contact our support team on 9321 7701 or via email
at [email protected]
If there are any questions or simulations that require clarification or more information, your assessor will contact you directly either by email of
phone to advise you of what additional information is required to achieve competence.
Upon successful completion of the assessment questions and exercises your certificate will be e-mailed to this email address.
*Please remember to check your junk/trash/spam folders, in case your email service provider treats the email as junk/trash/spam.
Candidates will receive a statement of attainment for the unit of competence SITHFAB021 - Provide Responsible Service of Alcohol which is a
component of the National Hospitality Training Package - SIT20322 Certificate II in Hospitality.
IMPORTANT TIP
Using the attached workbook, by printing it out or saving to your device, and taking notes as you progress through each module of
your online course will assist you with the successful completion of your assessment.
If you have difficulty understanding content or requirements of the course or assessment the following links and information are provided for
your assistance;
1. Google Translate will translate language and provide audio from text which can be copied and pasted directly from the
AHA training webpage
2. Phone the AHA Training Department on 9321 7701 during office hours (9am-5pm Monday-Friday)
3. Email the AHA Training Department direct at any time, providing your contact details and the nature of your enquiry.
VERIFICATION OF IDENTITY
Upon completion of this course you must provide evidence that you are the person whom has completed the assessment.
You will be required to upload a scanned copy or photo of your Drivers Licence or Passport (file must be jpg, gif or pdf) at the end of the course
to verify your identity.
At the completion of the course a declaration must be completed stating that you have undertaken this course and assessment yourself without
assistance.
APPEALS
The Australian Hotels Association WA (AHA) assesses training and issues AQF certification in accordance with the current Standards for
Registered Training Organisations (RTO) and is responsible for the quality of training and assessments in accordance with these standards
Any person wishing to appeal a decision made by the AHA assessors, shall have access to the AHA Appeals and Complaints Policy. All
complaints and appeals must be submitted in accordance with this policy.
If you experience technical issues or require assistance with any aspect of your course or assessment please contact the AHA training
department via email or phone
1. Legislation
In Western Australia the Act of Parliament which regulates the sale, supply and consumption of liquor is theLiquor Control
Act 1988 (the Act) which is freely available for download in both PDF and word format.
The Liquor Control Act is: "An Act to regulate the sale, supply and consumption of liquor, the use of premises on which liquor
is sold, and the services and facilities provided in conjunction with or ancillary to the sale of liquor, to minimise harm or ill-
health caused to people, or any group of people due to the use of liquor, to provide for orders that may prohibit persons from
being employed at, or from entering, licensed premises, to repeal the Liquor Act 1970, and for related matters."
Acts, (not including Schedules to Acts) can only be amended by another Act of Parliament and set out the legal/statement of
the Law.
The Liquor Control Regulations 1989 are also available for download. The Regulations contain current information related to
the Act, providing guidelines that dictate how provisions of the Act are implemented.
Following the State election in 2017 the Department Local Government, Sport & Cultural Industries (DLGSC) was created,
combining a number of former state government departments including the Department of Racing, Gaming and Liquor (RGL).
As a division of The Department Local Government, Sport & Cultural Industries, RGL is responsible for administering the
Liquor Control Act 1988, regulating and maintaining the integrity of lawful racing, gambling and liquor activities for Western
Australians to participate in.
Additionally, policy guidelines are published by the DRGL on a range of topics such as mandatory training, harm minimisation
and juveniles to name a few. For full details see the DRGL website: www.rgl.wa.gov.au
Important Note
As regulations and legislation change on a regular basis, it is recommended that licensees and their staff maintain their
knowledge of the relevant legislation. This can be done through a number of avenues;
Objects of an Act could best be defined as the clauses that underpin the Act which are provided to assist the courts and
others in the interpretation of legislation.
The underlying principle regarding the Objects of the Liquor Control Act is to ensure there is a balance between the
expectations of the community, the requirements of consumers, the needs of industry along with the need for appropriate
regulation and control over the sale and supply of liquor.
Section 5 of The Liquor Control Act provides the "Objects of the Act", with Subsection (1) listing the primary objects as:
The minimisation of harm or ill-health caused to people by the use of liquor is a key focus of the Department of Racing,
Gaming and Liquor, however in considering any application a weighing up exercise is required to determine an appropriate
balance between the three primary objects.
Subsection (2) further explains the following secondary objects also apply:
a. to facilitate the use and development of licensed facilities, including their use and development for the performance of
live original music, reflecting the diversity of the requirements of consumers in the state:
b. [Deleted]
c. [Deleted]
d. to provide adequate controls over, and over the persons directly or indirectly involved in, the sale, disposal and
consumption of liquor, and
e. to provide a flexible system, with as little formality or technicality as may be practicable, for the administration of this Act
Subsection (3) clarifies the relationship between the primary and secondary objects:
Section 5(3)
If, in carrying out any of its functions under this Act, the licensing authority considers that there is any inconsistency between
the primary objects referred to in subsection (1) and the secondary objects referred to in subsection (2), the primary objects
take precedence.
This section looks at the key elements of each object and examines in more detail the potential harms that can be caused by
excessive consumption of liquor.
Regulation
To regulate the consumption, sale and supply of liquor on and from licensed premises – to ensure alcohol is ordered, stored
and sold to consumers by appropriate means. Adequate regulation is required to make sure that alcohol (which is a
controlled substance) is sold, supplied and consumed in a responsible manner.
This also means a licensed premise is subject to review and inspection by an authorised officer, which could be an inspector
or officer from the Health Department, Local Council, Shire, Police or Department of Racing, Gaming and Liquor.
Harm Minimisation
To minimise harm or ill-health caused to people, or any group of people due to the use of liquor. As the premises that sells or
supplies alcohol a degree of responsibility is attached for the behaviour of the patrons in and around a licensed premises and
also for their actions as a result of the consumption of alcohol.
The harms that can be caused by the abuse of alcohol are numerous, as are the various impacts on industry, communities,
different people or groups of people.
The lists below examine those various groups identified in the RSA Unit of Competency and considers the potential impact of
excessive drinking on those various groups, agencies, communities, and individuals.
At risk Groups
These groups in particular are identified and considered by authorities to be at a heightened risk of individual and community
harm related to excessive consumption of liquor. Harm such as; fetal alcohol spectrum disorder (FASD) which refers to a
range of problems caused by exposure of a foetus to alcohol during pregnancy, along with a prevalence of domestic and
community violence, addiction issues, chronic health conditions such as liver and kidney disease, in addition to family and
community breakdown.
The effects of excessive alcohol consumption are not limited to “at risk groups” - other groups of people and agencies also
feel the cumulative effects of alcohol abuse. Consider the impact on your local neighbourhood, wider community and local
government who may be effected by issues like excessive noise, vandalism, and the other consequences of antisocial
behaviour. Police, ambulance and health authorities need to deal with some of the more acute consequences such as
assaults, domestic violence, and road trauma.
The economic effects of excessive or irresponsible consumption range from a downturn in business associated with
reputational damage to individual venues and surrounding businesses in the locality that may be part of a night time
economy, through to additional costs on state and federal health budgets.
Individual Impacts
In addition to the various health and social impacts on the individual who might be abusing alcohol there are a wide range of
effects felt by associated individuals who are impacted by excessive drinking. Impacts like the strain on or breakdown of
relationships between friends and family, the financial consequences caused by loss of employment, or reduced productivity
and earning capacity of an individual drinking to excess.
Individual health conditions on the problem drinker start with the short term effects of a hangover through to the serious
consequences of chronic health conditions such as liver or kidney disease. Alcohol has also been shown to have casual links
to some cancers. Health conditions are not limited to the physical. The compounding effects of prolonged abuse can
manifest into or exacerbate mental health conditions such as depression.
Consideration of Industry
Cater to the requirements of consumers for liquor & related services, with regard to the development of Liquor, Tourism &
other related industries.
While it is important to acknowledge and implement measure to minimise the various negative impacts that alcohol abuse
can have on the community, it is equally important to recognise and balance those considerations against the vital role that
hospitality and tourism plays in the Australian economy.
Hospitality and tourism are amongst the largest employers and contributors to the State's economy. Additionally it is vital to
consider the pivotal role hospitality venues play in the social fabric of the wider community. Imagine a city with no cafes,
restaurants, pubs, clubs or hotels.
Duty of care
What is it? Our legal obligation (through action or omission) to have regard for the wellbeing of others. A duty of care is
established when there is a relationship such as that between a customer and supplier, or a host and their guest.
How do we do it? Provide a safe and clean environment for customers and staff.
The WA Occupational Safety and Health Act requires employers to provide a safe work environment. Employers must
consult and develop safe systems of work and provide supervision, instruction and training.
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.
Duty of care responsibilities and levels of liability in the workplace will vary depending on a person’s position and role within
the business. The list below outlines some of the key responsibilities relative to employees’ level.
Service Staff have a responsibility to:
Management and Licensees can be held accountable and liable for the actions (or inaction) of their staff. This is a concept
known as vicarious responsibility.
For example if staff continue to serve someone past the point of intoxication, then management or the licensee can be held
accountable and fined accordingly.
This is especially the case if it can be demonstrated that staff were not adequately trained.
Harm Minimisation
What is it? Minimise negative impacts on the broader community caused by the use of liquor from our premises.
How do we do it? Implement and enforce house rules, policies and procedures to minimise the potential for harm caused by
the operation of our venues.
Burden/Standard of Proof
What is it? Provide reasons for decisions & proof of our innocence
Incident Reports: Required by the Liquor Control Act to be completed in specified circumstances such as refusal of
service. Must be produced on demand by an authorised officer.
Training Register: Required by the Liquor Control Act to be completed detailing service staff RSA certification. Must be
produced on demand by an authorised officer.
House Management Plan detailing a venues procedures for harm minimisation, in conjunction with a venues House
Management Policy and Code of Conduct. These 3 documents are central to a venue's Harm Minimisation strategy,
and are required by the Liquor Control Act to be available for inspection and must be produced on demand to an
authorised officer. A template set of Harm Minimisation documents are available for purchase from the AHA.
Induction Training for all new staff that is specific to their role and includes relevant health and safety information.
Security incident reports: Required to be completed by licensed crowd controllers in certain circumstances.
Witness accounts: Where incidents take place it is important to determine who witnessed the incident. This can be
staff, contractors or patrons.
Closed circuit TV recording
*It is important to note that some of these documents are required to by law to be maintained on a regular basis and
produced on demand.
5. Effects of Alcohol
a substance intended for human consumption which at 20 degrees Celsius contains more than*1.15% ethanol by
volume, or such other proportion as is prescribed
any other substance prescribed as being liquor for the purposes of this Act; and
any thing that, for the purposes of sale, is held out to be such a substance
*IMPORTANT NOTE: The Liquor Control Regulations have now prescribed the percentage of ethanol by volume lowering it
to 0.5% ethanol by volume.*
Alcohol is the most widely used drug in Australia. As a drug alcohol is classed as a depressant, meaning that it depresses the
central nervous system slowing down a person’s reactions. Other effects of alcohol can be to alter mood, thinking and
behaviour.
As an introduction to this part of the course it is important to consider that the excessive consumption of alcohol has a
number of adverse effects including but not limited to the following:
Acute physical effects could include; vomiting, dehydration, headaches, alcohol poisoning, alcohol related
accidents and injury
Chronic long lasting physical and mental effects could include; depression, liver disease, renal failure, heart
disease, cancer, diabetes, obesity, foetal alcohol spectrum disorder and alcohol addiction
Personal and social impacts could include; alienation of family and/or friends, loss of employment
Impact of families due to alcohol abuse could include: domestic violence, financial pressure, family break-up and
depression
Impact on the local community could include: alcohol related crime and noise/disturbance to local residents
Overall costs to the economy could include; policing, health services and the provision of social services
Public education programs and support of community action to reduce alcohol-related harms, such asalcohol think again
campaigns.Preventative health strategies should be embedded into broader alcohol harm reduction strategies. For example:
In relation to Foetal Alcohol Spectrum Disorder the key areas of focus should include:
Licensees and their staff are obliged to operate their premises in a manner 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 affect people, property and businesses due to the manner in which the licence is operated.
House Management Plans include provisions for (including, but not limited to) the following:
Staff training
Responsible service strategies
Responsible service procedures
Noise reduction procedures
Security policies
Transport alternatives
Refusal of service
Dealing with juveniles
Dealing with community complaints
Community consultation
Dress Code
Code of Conduct
Hours of operation
Crowd Controllers
It is important for licensed venues to develop their own plans and policies as all venues have unique issues that
affect their premises.
House policies are important as they set the standards for a venue; they detail a venue's Harm Minimisation Strategy
and provide consistency of service delivery across the venue for customers and staff.
In accordance with the Liquor Control Act, licensees have an obligation to ensure that they manage their premises in a
manner that is consistent with the objects of the Act and that the safety, health and welfare of persons who resort to the
licensed premises are not at risk.
One management strategy that supports these obligations is to track and make a record of incidents at the premises.
Further, if a crowd controller physically restrains, removes or prevents a person from entering the premises, the following
information must be recorded;
a statement/explanation outlining the manner in which the person was physically restrained, removed or prevented from
entering and the reasons for physical contact being used; and
the name, address and licence number in respect of each crowd controller who made physical contact.
Each crowd controller who used physical contact should verify the accuracy of the above information and the
licensee/manager is to note in the register those crowd controllers who confirmed this and those who did not (if applicable).
If the crowd controller/s are employed by a crowd control agent, a copy of the incident report must be provided to the agent
and the date and time this was provided is to be noted in the register.
An example of an incident report form that is acceptable to the Director of Liquor Licensing can be downloaded here or from
the Department’s website by clicking here. Licensees who wish to use a form in any other format must ensure that it contains
all of the prescribed information as detailed above.
Incidents should be recorded in the register as soon as practicable after the incident occurs. What is practicable will depend
on the individual circumstances of the premises, such as opening hours and the nature of the incident. A 24-hour timeframe
may be reasonable for some premises whereas the next working day will be better suited to premises that do not trade on a
daily basis. The incident register is to be retained for a period of four years.
The incident register may be kept in any way the licensee considers appropriate, including by electronic means, however all
incident report forms should be stored together on the licensed premises and be readily accessible for inspection by an
authorised officer (ie. an Inspector from the Department of Local Government, Sport and Cultural Industries, a member of the
WA Police or any other officer authorised by the Director of Liquor Licensing).
In addition, a licensee, or the employee of the licensee, must allow an authorised officer to take copies of, or extracts from,
any part of the register. Failure to do so is an offence under the Act. The penalty for non-compliance is $5000 for failing to
maintain the register and $5000 for failing to make the register available for inspection and/or to allow an authorised officer to
make copies of the register.
1. Employee’s name
2. Date employment commenced at licensed premises
3. Course provider name
4. State or Territory in which training was undertaken
5. Date of training certificate
It should be noted that while there is no requirement to keep a copy of the training certification with the Training Register, it is
nevertheless a requirement for the licensee to keep a copy on the premises. This can either be hard copy or stored
electronically provided it is available for inspection when required.
An approved standard format for this training register can be downloaded by clicking here.
Each record must be maintained in the Register for a period of four years or for the duration of employment of the trained
employee.
The Training Register must be made available for inspection by an authorised officer (that is; a Department inspector
or some officer authorised by the Director of Liquor Licensing; or a member of the Western Australian Police).
Failure to make the register available is an offence under the Act. The penalty for non-compliance is $5,000 for
failing to maintain the register and $5,000 for failing to make the register available for inspection.
9. Directors Guidelines
The Director of Liquor Licensing provides a suite of guidelines known as Director’s Policies. These policies do not constitute
formal legal advice, but are intended to assist licensees and their staff in the compliant operation of licensed premises.
The Director is not passing legal opinion or interpretation or other professional advice. The information is provided on the
understanding that all persons undertake responsibility for assessing the relevancy and accuracy of its contents.
The Director’s Polices provide guidance on the Department’s position and on a range of regulations and legislative
requirements as they relate to licensed premises in WA, from the operation of charter boats, through to responsible
promotion of liquor, or juveniles being allowed on licensed premises.
The Directors policies are regularly updated and are an ideal source of information to keep you up to date of regulatory
changes that may impact on your role in the operation of a licensed premises. The full suite of current Director’s Policies can
be found by clicking here.
1. Standard Drinks
One standard drink always contains the same amount of alcohol regardless of container size or alcohol type (ie, a middy/pot
(285 mils) beer, a nip – 30 mils spirit, or a small glass - approx. 100 mils wine).
A standard drink contains 10 grams of alcohol. A standard drink is a unit of measurement. In the same way one metre
measures a particular distance travelled, one standard drink measures a particular amount of alcohol consumed.
In Australia there is a wide range of vessels or glasses, and their associated measures will vary especially in draught product
such as beer or cider.
Beer for example can be purchased in a wide range of glassware all with different names which have no real reference to
their size. Depending on where you are in Australia you can buy a draught beer in a pony, a pot, a middy, a schooner, a jug, a
pitcher, a pint, or an imperial pint, which is different to a SA pint. All of which is very confusing, and why we use the “standard
drink” system.
Instead of counting glasses or containers, drinkers can count standard drinks as a way of keeping track of how much alcohol
they consume. Counting standard drinks is a much more reliable measure of how much alcohol is consumed compared to
counting glasses, bottles, or cans.
Counting glasses, bottles, or cans of alcohol can be misleading because they can contain varying amounts of
alcohol.
It is also important to note that a “standard drink” is different to industry standard pours when it comes to the
number of standard drinks in a glass of liquor. Wine for example is most often poured at 150ml per glass, which
equates to 1.5 std drinks.
The consumption limits in the Australian Alcohol Guidelines are based on the standard drink concept.
2. Standard Drinks Guide
Standard drinks guidelines are developed and promoted by government agencies and industry to help ensure community
understanding of the concept.
Using the table provided below, how many mls is in a standard drink for the following liquor types:
Answers
As a general rule alcohol is absorbed and is removed from the body in following ways:
Absorbed Removed
It takes approximately 1 hour for the average healthy person to process one standard drink.
The percentage of alcohol in the blood is called the Blood Alcohol Concentration (BAC). The BAC measures the number of
grams of alcohol in 100mL of blood at the time of the test.
In Western Australia, it is illegal to drive when Blood Alcohol Concentration (BAC) is 0.05 or greater, or above 0.00 for
probationary drivers.
As a general rule for the average person, if they decide to drink and drive the following should be taken into account:
Men should have no more than two standard drinks in the first hour and then no more than one standard drink per hour
after that
Women should have no more than one standard drink in the first hour and one standard drink per hour after that
Please note the above is a guide only as a persons BAC will depend greatly on the factors described above. For more
information on alcohol and driving go to the WA Road Safety Commission website.
Alcohol belongs to the depressant category of drugs because it affects the central nervous system and causes it to function in
a different way.
Combining alcohol with any other drug can be dangerous or cause discomfort. The negative effects of one drug may be
greatly increased by the other; it can also reduce the effectiveness of medications such as antibiotics.
Mixing alcohol with drugs which depress the body’s systems, such as sleeping pills, tranquillisers and marijuana, can
increase loss of judgement and coordination and even cause breathing failure through a combined accidental
overdose.
Certain drugs such as amphetamines/stimulants can mask the effect of the alcohol and cause a person to feel that they’re not
intoxicated, causing them to potentially drink more to dangerous levels potentially leading to alcohol poisoning.
This can place that person at risk of an alcohol-drug related injury as they may feel over-confident and think that they are fine
even though they are in fact quite intoxicated.
Keep an eye out for the following signs/behaviours, as this can be an indication of mixing alcohol with drugs:
Drowsiness/looking sleepy/dizziness
Nervous and or anxious behaviour
Shortness of breath
Excessive sweating
Dilated (large) pupils
Slow or shallow breathing
Erratic or aggressive behaviour
It is important to note that a person can be refused service if you suspect they are under the influence of another substance.
Assess alcohol affected customers & identify customers to whom sale or service must be refused
An authorised person to refuse a person entry to the licensed premises or a part of the premises; or
An authorised person to require a person to leave the licensed premises or a part of the premises; or
If the requirement to leave the premises is not complied with - an authorised person, or any other person on the request
of an authorised person, may remove the person from the licensed premises or a part of the premises using such force
as may be reasonably necessary; or
An authorised person to refuse to sell liquor to the person.
Drunk
Displaying violent, quarrelsome, disorderly or indecent behaviour
A juvenile
Outside a licensed area
Requesting service outside permitted trading times
The following are additional legal reasons that an authorised person MAY CHOOSE to refuse entry or service. It is important
to note that in the following circumstances refusal is an option and not compulsory:
The person is not dressed in conformity with the licensee's requirements for a standard dress; or
The person is someone who the authorised person has reasonable cause to believe:
The person is or is known to be, or is an associate of, a reputed thief, prostitute, supplier of unlawful drugs; or
Cannot or will not pay; or
Is, or is known to be, quarrelsome or disorderly; or
Is seeking to obtain liquor by begging; or
The person is convicted of an offence involving unlawful drugs or violence that is punishable by a term of
imprisonment exceeding 3 years; or
Is or appears to be a person whose presence, or to whom the provision of service, on the licensed premises will
cause the licensee to commit an offence under this Act
It is very important to know the difference between who you MUST refuse service to and who you MAY or MIGHT refuse
service to.
While onsite service and consumption of alcohol is under the direct control of the licensee and their staff, home delivery of
packaged (takeaway) liquor can pose a challenge that needs to be addressed.
The laws surrounding internet or phone sales and delivery of packaged liquor vary from state to state, with an ever
increasing prevalence of internet shopping it is important that venues develop a robust policy around best practice for alcohol
delivery, including but not limited to the following practices:
A ‘same day’ delivery refers to any liquor that is delivered on the same calendar day that it was purchased. The following
conditions apply to same day deliveries:
• The customer, or a person nominated by the customer at the time of purchase, must be present to accept the
delivery and must be over the age of 18.
• The person will need to show a current ID document (see the list under acceptable forms of ID below) to confirm they
are the purchaser or the nominated person. This will also confirm their age.
• If the person accepting the liquor is not the purchaser/nominated person and/or is not over the age of 18, the liquor
cannot be delivered.
A ‘next day’ delivery refers to any liquor that is delivered at least the calendar day after the day it was purchased. Such
deliveries may be left unattended at the property or delivered to an adult.
Delivered to an adult
Whilst any adult can accept a next day delivery, the delivery agent must still ensure that the person accepting the liquor is
over the age of 18, by sighting a current ID document (see the list under acceptable forms of ID below) to confirm the
person’s age.
Unattended delivery
Next day deliveries can also be left unattended at the property, however only in the following circumstances:
• at the time of purchase, the customer must agree for the liquor to be left unattended at the property.
• The liquor cannot be left in a place that is visible to passers-by to the property. The person who delivers the liquor will
need to ensure that it is not left in a place where people walking or driving past the property can easily see it. This would
include common areas of a strata complex where other residents/visitors can easily see the liquor. If there is any doubt, it is
recommended that the liquor not be left unattended.
Acceptable Forms of ID
• a Proof of Age card issued in WA or the equivalent from another Australian state/territory;
Labelling
This is to ensure that delivery agents do not have the burden of proving that the liquor is not being carried around for the
purpose of sale (unlawfully) as per section 109(6) of the Act. This requirement also acts as a safeguard to ensure that the
liquor is delivered to the correct address.
Time of Delivery
Liquor can only be delivered during the licensee’s permitted trading hours and never between the hours of midnight – 9am for
same day deliveries nor between midnight – 6am for next day deliveries. Delivery occurs when the liquor is physically
handed to the person receiving it or placed on the property for unattended deliveries.
Apart from the provisions of section 115(7), where a person should be removed for 24 hours, the Act may allow discretion by
the licensee or approved manager should they wish to refuse service in line with the seriousness of the disturbance caused.
This means that should any person be removed from a licensed premise they are not permitted to re-enter the premise for 24
hours. However, this does not limit the ability of the licensee to refuse service or entry to that person for an extended period
should they deem it to be appropriate in the circumstances.
It is important to ensure that a decision to refuse or ban a patron is communicated to all service staff and crowd controllers.It
is critical that management reinforce policies set by the establishment as they need to demonstrate leadership by example.
Where this occurs, the manager/licensee must complete an incident report in line with state requirements.
Under the Liquor Control Act a juvenile is generally not permitted to enter a licenced premise unless they fit into the following
examples. The Liquor Control Act however, is very clear that while juveniles may legally be allowed on licensed premises
under certain circumstances, it is still an offence for a juvenile to purchase alcohol or consume alcohol on licensed premises.
A juvenile is anyone under the age of 18. Generally juveniles are allowed on licensed premises if they are accompanied by a
responsible adult.
It is important to note that juveniles are also permitted on licensed premises if they are unaccompanied by a responsible adult
under the following circumstances;
For the purpose of obtaining a meal (sitting down and consuming what would be considered a substantial meal)
Lawful duties (such as an apprentice chef)
Specific underage function (the venue is required to adhere to certain conditions)
As a member of a family that resides on the premises
As a lodger
Responsible Adults
For the purpose of the Liquor Control Act, Who is a responsible adult?
In Loco Parentis
The person, not being the parent of that child, that may assume the position of loco parentis (or in the place of a parent) and
so incur an obligation to make provision for the day to day needs of the child.
In consideration of the above categories and the potential for a young adult to claim they are a responsible adult, the
questions that should be considered is; “would that person act as though they were a responsible parent to that juvenile?”
House polices regarding juveniles on licensed premises are essential for any venue, as the law varies from state to state and
may allow juveniles to be on licensed premise unaccompanied in certain circumstances.
Such house polices help to provide clarification and interpretationof the law for the staff as it relates to licensee's approach to
juveniles on the venue.
Each venue will take a different approach to juveniles according to their licence category and operational parameters, for
example a Night club is going to have a different approach to juveniles than a family restaurant or a licensed cafe.
Examples of juvenile house polices could include any of the following, depending on the nature of the venue operation;
Juveniles are only permitted if they are under the direct supervision of a parent or guardian
Juveniles are not permitted in the bar area
Juveniles are not permitted to remain on the premises after 9pm
Juveniles are only permitted in the dining area
Due to the nature of our operation no juveniles are permitted in this venue
Juveniles are only permitted unaccompanied if they are attending the restaurant for the purpose of a meal
Juveniles must be identified to all service staff
Important Note: Save or print a clear image of this page as you will need to refer to on or more of the images to
answers some assessment questions at the end of this module
A licensee has the right to require any person to produce evidence of age before gaining entry to the licensed premises.
The following forms of identification are acceptable in Western Australia as evidence of age:
A Proof of Age Card or Photo card is a personal identity card which is available to anyone 18 years or over. Applications for
proof of age cards can be made at any Department of Planning and Infrastructure licensing centre or licensing agent.
A Photo Card issued by any Australian state or Territory similar to the NSW/WA Photo Card
WA Proof of Age Card (note these cards were no longer issue after 2015, however they do not have an expiry date)
A current hard copy proof of age card (known as a “Keypass identity card”)
Applications for a Keypass ID card can be made at your nearest Australian post outlet oronline
If you suspect on reasonable grounds that a proof of age document produced by an individual is forged, false or counterfeit
you have the authority to confiscate the ID/document.
The suspected false ID must be handed over to the Police or returned to the individual within 72 hours of being confiscated
from the individual.
IMPORTANT NOTE: The law in WA does not allow you to confiscate documents that you suspect belong to another person,
it is also important not to confiscate passports
5. Definition of Drunk
Section 3A of the Liquor Control Act provides a clear legal definition of the term drunk.
S3A (1). “A person is “drunk” for the purposes of this Act if;
2. If an authorised officer or a person on whom a duty is imposed decides that a person is drunk at a particular time, then, in
the absence of proof to the contrary, that person is to be taken to be drunk at that time.
The definition removes the defence that allows offenders to create a reasonable doubt, by suggesting that the impairment
may have been caused by other factors such as drugs, fatigue, or mental abnormality, essentially it is up to the server and /
or authorised officer to make a determination.
For example, if you or a police officer decide based on reasonable observations that a person is drunk then in the eyes of the
law that person is deemed to be drunk. It is this definition that enables patrons to be refused service or removed from
licensed premises if they are affected by substances such as illicit drugs.
It is also important to note that in WA it is illegal to allow a drunk person to remain on licensed premises.
Section 115 of the Liquor Control Act 1988 further explains it is an offence to:
6. Signs of Intoxication
Speech
Balance
Stumbling
Swaying
Leaning on objects to steady them self
Staggering or falling over
Coordination
Behaviour
Smell of alcohol
Bloodshot eyes
Sweating more than usual
When we engage a person in conversation we are better able to determine their level of intoxication, based on a combination
of potential signs and their reaction to our questions.
Observation of patrons is especially important in spotting early signs of intoxication as this is essential in preventing patrons
from becoming overly intoxicated where a patron’s behaviour may deteriorate to a point where they become a danger to
themselves or others.
Early signs tend to be more behavioural such as; over confidence or overly friendly approaching others in the bar, talking
louder than might be required, excessive use of inappropriate language, erratic drinking behaviour such as drinking quickly or
switching drinks from beer to spirits etc.
Later signs tend to be more the physical manifestations where balance or coordination or speech is noticeably impaired such
as falling over, stumbling, fumbling or slurring their words.
It is also important to engage with a patron exhibiting one or more of these signs to determine if in fact they are the result of
intoxication, or is there a reasonable explanation such as disability, illness, health condition or other factor.
Below is a list of some health conditions or factors which may cause a person who isNOT drunk to appear as though they
were drunk:
Multiple Sclerosis
Cerebral Palsy
Acquired Brain Injury
Speech impediment
Stroke
Tiredness
Prescription Medication
Low Blood Sugar
Concussion
Psychiatric disorder
While the definition of Drunk and the principals of RSA allow servers to refuse service where they observe signs of
intoxication it is also important to determine if those signs are legitimately the result of another factor which will inform the
decision on what is the most appropriate course of action.
7. Video
Please watch the video below - assessment questions relating to the video will be asked on the next page.
Manage intoxicated persons - refuse to provide alcohol
1. Prior to Refusal
It is unavoidable that anyone who serves alcohol will at some stage be faced with a situation where they have to deal with a
difficult or disruptive customer, and/or refuse service to an intoxicated person.
Refusing service to the customer can be an awkward situation and strategies can be employed to minimise the potential for
conflict.
It is essential that you keep control of your emotions at all times, ensuring you keep a calm, clear voice to maintain control of
the situation and prevent it from escalating.
Prior to Refusal
Establish a rapport by engaging in conversation with your patrons, this is not only essential to providing good customer
service, but allows you to better observe any changes in a person’s behaviour or demeanour or other early signs that might
indicate that they are nearing intoxication.
Observe your patrons, looking for early signs of intoxication. Recognising early signs of intoxication where a person is not yet
deemed to be drunk allows you to control or slow down service of alcohol.
It is imperative to be tactful and polite in dealing with our customers especially when trying to slow or control service of liquor.
Suggesting alternatives such as water, soft drinks, tea, coffee, non-alcoholic options may be appropriate, or perhaps letting a
customer know that they "will need to make that drink last for a while so that I don’t need to refuse service”.
Remember just because someone is not drunk does not mean they are below the legal limit to drive. Where you note a
customer has had a lot to drink but is not exhibiting signs of intoxication it may be appropriate to ask how they are getting
home. Will they need you to call a cab or arrange for someone to pick them up?
As with most things in hospitality, communication is key to a positive outcome. This not only relates to friendly professional
communication with your customers, but importantly between you and your colleagues and this is especially the case when
monitoring patrons.
2. Refusing Service
When refusing service it is important to remain courteous and professional as this limits the potential for conflict, however it is
equally important to remember that as the server you are the person in control.
Remember that refusal of service is a potential “flashpoint” and some customers may become unreasonable or aggressive in
response. With this in mind it is important that you do not take any action that may escalate the situation or put yourself in
danger.
Do not put off refusing service hoping that the patron will leave after the next drink, it is not appropriate or legal to serve
another drink if you consider the customer to be intoxicated. Hoping the customer will “go away” will not work in most cases.
Always adhere to company policy regarding refusal of service and seek assistance from colleagues where it is appropriate. It
is imperative that you develop and practice a number of strategies and approaches to refuse service that you are comfortable
with.
Try not to talk to them in front of others as some people may not respond very well to this - take them away from friends
and any potential audience.
Using a firm and controlled voice let the patron know that, by law, you cannot serve another drink. Use the Act to your
advantage by explaining the consequences – loss of employment, fine for customers, staff and management.
Use RSA posters and signs to reinforce your message. Where you have signs around your venue displaying RSA
messages, it helps to use RSA signage to reinforce your message and to further explain your point regarding the law.
Always avoid value judgements. Never talk down to a patron or use a condescending tone as this will often provoke an
aggressive response and escalate the situation. It is better to politely but firmly let them know that their behaviour is
unacceptable.
Don’t match a patron’s raised voice or aggressive tone, remember you are the one in control so remain calm. Talk
slowly and without raising your voice be assertive, not aggressive.
Avoid the use of physical force to deal with the problem. You have the right to use reasonable force, however this
should be a last resort as use of physical force may escalate the issue and raise the risk of assault.
Ideally, the use of reasonable force should not be resorted to if you are alone. If forced removal is required because a
person is refusing to leave, this is normally a situation best left to management, security or crowd controllers.
In most cases you will not be alone, utilise your colleagues, managers or crowd controllers to provide assistance where
appropriate. This should always be done in line with company policy.
RSA signage is compulsory in some states, but while it is not required in WA it can be a useful tool when refusing service.
The full range of RSA signage can be found by following this link.
3. After Refusal
Following refusal there are a number of considerations including attention to the policies & procedures of your venue, legal
requirements and our duty of care to staff and patrons alike. While individual venues will have different procedures and
practices that are required to be followed there are standard practices and legal requirements that guide those procedures.
Inform all staff that a person has been refused, ensure all departments are aware the person cannot receive further
drinks and ensure they leave the venue if required to do so.
Notify the manager, supervisor, other staff and security in accordance with venue policy.
Investigate or assist the patron to identify safe options for them to get home. These could include an offer to order a
taxi, or talking to friends of the patron to ensure they get home safely.
Record any refusals or removal in the relevant incident report or register. In WA venues are required to record refusal of
service, refusal of entry and removal from licensed premises.
Make sure your customer leaves the premise safely and any patron who has been required to leave does not loiter
outside in the vicinity of the premises. This is especially important where a patron has been removed because they are
argumentative or aggressive. In WA it is an offence under the Act to remain in the vicinity of the licensed premises.