NSW RSA Course Handbook
NSW RSA Course Handbook
NSW RSA Course Handbook
Version: 4.0
© State of New South Wales through Liquor & Gaming NSW 2019.
Liquor & Gaming NSW has provided this work to certain training organisations for the purpose of training
persons intending to work in the NSW liquor industry. Those training organisations may modify, update and
use this work solely for that purpose. All other users must contact Liquor & Gaming NSW for permission to
use this work, except as permitted by the Copyright Act 1968 (Cth).
Attribution: You must always provide credit to Liquor & Gaming NSW.
Non-Commercial: You must not use the material for commercial purposes.
No-Derivatives: You must not distribute modified versions of the work.
Disclaimer
This work has been produced by Liquor & Gaming NSW (L&GNSW) to support learning by providing
knowledge requirements under NSW State liquor laws for employees in the sale, supply or service of
alcohol. The information is current at the date of writing (stated above). You are reminded that the relevant
laws and policies will change over time, and that you must make your own enquiries before relying on
information in this work.
Introduction
Session 2: Intoxication
Session 3: Minors
Next steps
1. to ensure that you have the knowledge and skills to meet your responsibilities under the law
2. to understand and appreciate the importance of your role as a staff member in the NSW
liquor industry
Whether you are a bar attendant, a restaurant server, a retail assistant in a bottle shop, security
personnel, or working in any other role within the liquor industry, responsible service of alcohol is
about meeting your responsibilities under the NSW liquor laws and helping to minimise alcohol-
related harms.
By joining the liquor industry, you’ll have the power to positively impact your workplace, your
customers, and the broader community when you promote the sale, service and supply of alcohol
in a responsible and professional manner.
The level of investment that you have in your role as a responsible member of the liquor industry
can directly contribute to the minimisation of alcohol-related harms and help to improve the
wellbeing and social lives of people across NSW.
When you practice RSA well, you help ensure patrons do not become intoxicated and then
become a problem for themselves, other customers, staff, and the local community.
As well as reducing the risk of alcohol-related violence, injuries and health issues, serving alcohol
responsibly can create a great atmosphere and bolster the reputation of your business and
neighbourhood. It provides a place where people can come together to celebrate, share and
socialise in a safe environment. It can also support local businesses, provide employment and
increase tourism in areas around popular venues.
This course handbook contains information and guidance on working in the liquor industry in
NSW. Together, this guide and the national unit of competency (SITHFAB002 – Provide
Responsible Service of Alcohol), will provide you with the skills and knowledge you need to serve
alcohol responsibly and make a positive contribution to the liquor industry and your local
community.
This includes service staff, food and beverage attendants, retail liquor salespersons, winery and
brewery staff, promotional staff, RSA marshals, licensees, club secretaries, and sales
representatives working for suppliers. It also applies to security staff and crowd controllers
monitoring customer behaviour.
There are no exemptions to the requirement for undertaking RSA training. If you are new to the
liquor industry, have come from interstate, or are returning to a job after your previous RSA
competency has lapsed, then this training applies to you. Note that interstate RSA holders can
complete the online NSW RSA Bridging Course in lieu of completing the full RSA course. More
information can be found here: https://www.service.nsw.gov.au/transaction/apply-rsa-competency-
card-nsw-rsa-bridging-applicants
RSA training is integral to better managing the negative impacts alcohol can have on our
community. You are required to meet a range of obligations under the NSW liquor laws as well as
being able to serve alcohol responsibly and minimise harm. RSA training is the foundation that
qualifies you to sell, serve or supply liquor in accordance with the law.
Note: New mandatory training for same day alcohol delivery people under Liquor Amendment
(Night-Time Economy) Act 2020.
From 1 December 2021, if you intend to work in the same-day delivery business as a service
provider, their employee or their delivery agent, you will need to have completed a new mandatory
Responsible Supply of Alcohol training (RST) and an online knowledge test. This training will
provide guidance about:
• how to comply with the new obligations for responsibly delivering alcohol
• how to recognise intoxication and reduce the risk of supply of liquor to minors
• ensuring personal safety when delivering alcohol
From 1 July 2021, this training will be offered online by Liquor & Gaming NSW and other service
providers. All same day delivery people that complete the training will also need to undertake an
online knowledge test with Liquor & Gaming NSW and register their successful completion.
More information
Find out more about the mandatory Responsible Supply of Alcohol training (RST)
and what’s changing under the Sydney 24-hour economy liquor reforms here.
There’s a good reason why you should care about the responsible service of alcohol. When poor
customer behaviour is left unchecked, it has the potential to result in serious injuries or other
harms such as assault, drink driving and property damage.
You can do a lot more than just sell and serve drinks when you work in the NSW liquor industry.
When you do RSA well, it helps to:
Meaning - RSA
Responsible Service of Alcohol (or RSA) means selling, serving and supplying
liquor in a responsible manner and in accordance with the law.
The law states that businesses, community organisations and individuals that sell alcohol have
RSA obligations to:
• minimise the harms associated with alcohol abuse and alcohol-related problems
• encourage responsible attitudes towards the sale and consumption of alcohol
• ensure the sale and consumption of alcohol contributes to, and does not detract from, the
amenity of community life
RSA applies to any workplace that serves, supplies or sells alcohol, including all types of
hospitality venues, events, vessels, retail liquor outlets, caterers, wineries, breweries and
distilleries.
Some of the most significant changes occurred in 1996 when the liquor laws were amended to
introduce the concept of “harm minimisation” – i.e. minimising the harm associated with the
misuse and abuse of alcohol – as one of the key purposes of the liquor laws.
The move to a harm minimisation approach in the liquor laws followed increasing concern about
the extent of alcohol-related crime and violence, particularly in and around licensed premises.
However, the misuse and abuse of alcohol can have a devastating effect on individuals, their
families, and on society in general. This is because alcohol is a drug that can have negative
effects if not used carefully and moderately.
People who drink regularly at higher levels are more at risk of health problems such as cancer,
heart disease, chronic ill health, premature death and mental health problems.
The binge consumption of alcohol also increases the risk of injury to both the drinker and others. It
can lead to crime and violence such as physical and sexual assaults, domestic abuse and
property damage.
To give you an idea of the scale of the problem, almost five million Australians aged 14 years and
over were victims of alcohol-related incidents in 2013. In the 2017 to 2018 period, there were
almost 50,000 hospitalisations due to alcohol-related injuries in NSW alone1. In an Australian drug
ranking study in 2019, alcohol was ranked as the most harmful drug overall for the individual and
for harms to others2.
Alcohol misuse and abuse also increases the costs incurred by the health system, police, the
justice system, road authorities and reduced productivity. In 2010, the total cost of alcohol-related
issues to Australia was estimated to be $14.35 billion3.
1
Health Stats NSW: Alcohol attributable hospitalisations: detailed findings available at:
http://www.healthstats.nsw.gov.au/Indicator/beh_alcafhos/beh_alcafhos?&topic=Alcohol&topic1=topic_alcohol&code=beh_alc [accessed 1 Mar
2020]; National Drug Strategy Household Survey 2016: detailed findings available at: https://www.aihw.gov.au/reports/illicit-use-of-drugs/2016-
ndshs-detailed/contents/summary [accessed 1 Mar 2020];
2
Bonomo et al., 2019, The Australian drug harms ranking study. Journal of Psychopharmacology, 0269881119841569: detailed findings at:
https://www.ncbi.nlm.nih.gov/pubmed/31081439 [accessed 1 Mar 2020]
3
The societal costs of alcohol misuse in Australia: Trends & issues in crime and criminal justice 2013: detailed findings at:
https://aic.gov.au/publications/tandi/tandi454 [accessed 1 Marm 2020]
In NSW, this is known as the NSW liquor laws, and comprises of the Liquor Act 2007 and the
Liquor Regulation 2018.
As a frontline staff member, it is important you are aware of your obligations under these laws, as
there are consequences to both you and your employer if you do not comply with them.
More Information
The following section contains references to “penalty units”. When a law has been
breached, a fine is applied. The current dollar value of a penalty unit is $110 and
breaches can attract fines of up to 100 penalty units, equal to $11,000.
Unit values are reviewed annually. In NSW, the value of a penalty unity is set out in
the Crimes (Sentence Procedure) Act 1999. View the current penalty unit value at:
https://www.legislation.nsw.gov.au/#/view/act/1999/92/part2/div4/sec17
The Act regulates where, when, and how alcohol can be sold on licensed premises, such as by
outlining the trading conditions that apply to a business or event. It also regulates who can serve
and consume alcohol, such as only persons over the age of 18.
The Act allows additional measures and controls to be applied to licensed premises in certain
cases to address specific risks.
1. To regulate and control the sale, supply and consumption of alcohol in a way that is consistent
with the expectations, needs, and aspirations of the community
2. To facilitate the balanced development of the liquor industry, in a way that is in the public
interest, through a flexible and practical regulatory system with minimal formality and
technicality
3. To contribute to the responsible development of related industries such as the live music,
entertainment, tourism and hospitality industries
The Act also outlines the amount a person can be fined for breaching each requirement.
Fines are shown as penalty units, which are then calculated into dollars using the current ‘unit
amount’ determined by the NSW government each year.
If you are in any way involved in the sale, supply or service of alcohol, you should familiarise
yourself with the key provisions of the Liquor Act 2007 below:
Parts and What is covered in this part of the Act? Maximum penalty Reference
sections of the for breaches
Liquor Act 2007
PART 2 Outlines the main offences relating to sale and https://www.legislatio
supply of liquor. n.nsw.gov.au/#/view/
act/2007/90/part2
Key section to be aware of as a frontline worker:
Section 73 You cannot sell or serve alcohol to anyone who • 100 penalty units. https://www.legislatio
(Division 1) is intoxicated, and that you also can’t allow n.nsw.gov.au/#/view/
intoxicated people to remain on licensed act/2007/90/part5/div
premises. 1/sec73
Section 117 This section makes it illegal for anyone to sell or • 100 penalty units https://www.legislatio
supply alcohol to people under 18 on licensed • imprisonment for n.nsw.gov.au/#/view/
premises. 12 months; or act/2007/90/part7/div
• both penalty and 1/sec117
imprisonment.
PART 8 This part covers liquor accords which are https://www.legislatio
voluntary partnerships across industry, n.nsw.gov.au/#/view/
community and government that develop local act/2007/90/part8
strategies to address local alcohol-related issues,
anti-social behaviour and violence.
PART 9 Outlines possible disciplinary action that could be https://www.legislatio
taken when individuals or businesses break the n.nsw.gov.au/#/view/
law. act/2007/90/part9
PART 9A Outlines an integrated incentives and demerit https://www.legislatio
points scheme introduced on 1 January 2021 that n.nsw.gov.au/view/p
rewards well managed venues and imposes df/asmade/act-2020-
sanctions on those that breach the liquor laws. 40
This scheme replaced the Three Strikes, Violent
Venues and Minor Sanctions schemes.
For example, the Liquor Regulation 2018 provides more specific detail on a range of things such
as RSA training, the issuing of competency cards and harm minimisation measures. Important
details regarding the requirement to make drinking water available free of charge, not to sell or
supply prohibited liquor products and the mandatory messages which are required in any liquor
promotions are outlined in the Regulation.
As staff involved with the sale, service and supply of alcohol, the following excerpts from the
Liquor Regulation 2018 apply to you. Note that the regulations have the same legal power and
enforceability as the Act itself.
Parts and What is covered in this part of the Maximum penalty for Reference
sections of the Regulations? breaches
Liquor Regulation
2018
PART 2 Outlines the different fees that can apply, such https://legislation
as applying for a liquor licence or obtaining a .nsw.gov.au/#/vi
NSW competency card. ew/regulation/20
18/473/part2
PART 3 Covers liquor licence applications, including the https://legislation
process that needs to be followed and what .nsw.gov.au/#/vi
applicants need to do before they apply. ew/regulation/20
18/473/part3
For example, for certain licence types
applicants are required to notify neighbours,
police and other parties when applying for a
liquor licence and they must also conduct a
community impact statement.
PART 4 Covers the requirements for different licences https://legislation
and licensed premises. .nsw.gov.au/#/vi
ew/regulation/20
For example, where gambling is and isn’t 18/473/part4
allowed, the granting of pop-up licences and
what signs need to be displayed.
Clauses 63-65 These clauses state that staff, RSA marshals • 10 penalty units, or https://legislation
(Division 2) and crowd controllers or security personnel .nsw.gov.au/#/vi
working at licensed premises must not sell, ew/regulation/20
Find out more about what’s changing under the 24-hour economy liquor reforms
introduced under the Liquor Amendment (Night-time Economy) Act 2020.
After experiencing increasing levels of alcohol-related violence and anti-social behaviour, special
licence conditions were introduced in the prescribed precincts. These are:
Top tips
If you are based in Sydney, check to see if your workplace is part of a prescribed
precinct. You will need to be familiar with any restrictions and requirements.
These laws were further reformed on 14 January 2020, with some of the conditions being removed
or relaxed.
The new approach is expected to open new business opportunities in suitable areas of the
precincts, while continuing to manage higher risk locations.
New laws will enable a ‘Cumulative Impact Assessment’ to be issued which will provide a more
sophisticated way of managing areas of the precincts with higher concentrations of licensed
premises, where cumulative impacts and risks of alcohol-related harms are greater. The
Cumulative Impact Assessment will inform liquor licence decisions and replace the blanked ban on
new licences in the precincts.
Consultation on the draft Cumulative Impact Assessment for the precincts ILGA must consult with
relevant stakeholders such as the local council, peak industry bodies, NSW Police, Ministry of
Health, local businesses and residents before issuing a Cumulative Impact Assessment. The
assessment must be published on the Liquor & Gaming NSW website and reviewed periodically.
Find out more about the Cumulative Impact Framework and other changes introduced
under the Liquor Amendment (Night-time Economy) Act 2020.
More information
Learn more about special licence conditions for premises in Kings Cross or Sydney CBD
entertainment precincts.
Kings Cross: https://www.liquorandgaming.nsw.gov.au/operating-a-business/liquor-
licences/liquor-licence-conditions-and-precincts/kings-cross-precinct
Sydney CBD Entertainment precinct: https://www.liquorandgaming.nsw.gov.au/operating-a-
business/liquor-licences/liquor-licence-conditions-and-precincts/sydney-cbd-precinct
NSW legislation website to review part 7 of Liquor Regulation 2018:
https://www.legislation.nsw.gov.au/#/view/regulation/2018/473/part7
It is important to be aware of the conditions on your workplace’s liquor licence so you can
understand and meet your responsibilities.
The licence category needs to align with the primary purpose of the business. For
example:
• the primary purpose of a restaurant or café is the provision of food and selling
alcohol is secondary
• the primary purpose of a small bar is the sale and supply of alcohol and selling
food is secondary.
This table shows the various licences and what types of businesses and activities they are for.
There are limited circumstances when a licence is not needed, such as where alcohol is sold by
non-profit organisations at certain fundraising events. RSA requirements still apply to these
events, including the need for persons serving alcohol to be RSA trained.
More information
Find out more about different licence types:
https://www.liquorandgaming.nsw.gov.au/operating-a-business/liquor-licences/liquor-licence-types
Outdoor dining trial: https://www.liquorandgaming.nsw.gov.au/news-and-media/outdoor-
dining-and-other-initiatives-supporting-hospitality2 and on the NSW Government website
Pop-up bars and events: https://www.liquorandgaming.nsw.gov.au/operating-a-
business/liquor-licences/liquor-licence-types/pop-up-licence
These reforms introduced on 11 December 2020 cut red tape, remove outdated conditions on live
entertainment, and incentivise venues to put on live music and other arts and cultural events. This
builds on the NSW Government’s efforts over recent years to support a vibrant and safe 24-hour
economy and improve the way the industry is regulated.
This includes venues that hosted live music as part of the Great Southern Nights event in
November 2020, and public entertainment venues such as music halls, concert halls, dance halls
and other spaces used primarily for live music, liver performances or creative and other cultural
uses. Venues that have poor compliance history will not receive the incentives. Venues do not
need to make an application to Liquor & Gaming NSW.
Key changes and incentives to support live music and performance venues that commenced on
11 December 2020 include:
• automatic removal of a range of historically imposed conditions that limit music and
entertainment on licensed premises
• fee reductions – apply to a broad range of live music and performance venues across NSW to
have their annual liquor licence fee reduced by 80% in 2021. A list of all venues across NSW
The list of eligible live entertainment venues in the City of Sydney LGA is published on the
Liquor & Gaming NSW website.
The Liquor Amendment (Night-Time Economy) Act 2020 introduces an enhanced regulatory
framework for the sale and supply of liquor via same day delivery in NSW to manage the risks of
delivery to minors or intoxicated people. The framework lifts regulatory standards for the alcohol
delivery market, so it is more comparable to the requirements imposed on licensed premises and
addresses these key risks of harm.
• licensed takeaway liquor providers that offer online sale and deliveries in NSW
• food delivery providers that deliver alcohol in addition to, or as a part of food deliveries
• individuals offering same day delivery of alcohol.
From 1 June 2021, employees and delivery agents delivering the alcohol will need to ensure:
• they verify the age of any person appearing under 25 years by checking their evidence of age
and identity at the point of delivery
• a declaration is completed for a person that appears to be older than 25 and cannot produce
their evidence of age and identity to confirm age
• they verify the identity of a person nominated to receive a delivery
• liquor is not supplied to an intoxicated person (also applies to next day or longer deliveries)
• liquor is not delivered to a person in an alcohol-free zone, prohibited or restricted area
• liquor is not delivered between 11pm on Sunday and 9am on Monday morning and between
12pm and 9am every other day of the week
• they maintain records of non-delivery if there is concern the recipient is a minor, is intoxicated,
or where it cannot be confirmed they are the nominated recipient
From 1 June 2022, same day delivery providers will be required to verify the age of the customer
at the time the order is placed on-line. Additional time has been provided prior to the
commencement of this provision to enable businesses to make the necessary system changes.
From 1 December 2021, if you intend to work in the same-day delivery business as a service
provider, their employee or their delivery agent, you will need to have completed the mandatory
Responsible Supply of Alcohol Training (RST) and the Liquor & Gaming NSW knowledge test.
The RST course will be available from 1 July 2021. Same day delivery providers can develop and
deliver an RST course as per the RST Course Handbook developed by Liquor & Gaming NSW.
From 1 July 2021, Liquor & Gaming NSW will deliver the RST course and knowledge test online.
* From 1 December 2021, same day delivery providers may be liable for offences committed by
employees or delivery agents if they cannot confirm that a person has successfully completed an
RST course and the Liquor & Gaming NSW RST knowledge test prior to conducting deliveries.
More information
For more information on the Liquor Amendment (Night-time Economy) Act 2020 in
relation to:
Live music and performance venues:
https://www.liquorandgaming.nsw.gov.au/news-and-media/live-music-and-entertainment
24-hour economy liquor reforms – what’s changing:
https://www.liquorandgaming.nsw.gov.au/news-and-media/24-hour-economy-liquor-
reforms-whats-changing/_nocache
Same day alcohol delivery one-page overview:
https://www.liquorandgaming.nsw.gov.au/__data/assets/pdf_file/0003/946713/cp6360-
same-day-alcohol-delivery-final.pdf
Breaching the law or licence conditions can result in fines of up to $11,000 issued to you and your
licensee, or 12 months in prison, or both. The licensed premises you work for could also be
subject to further penalties and regulatory action.
For example, you as a frontline staff member could be fined if you sell, supply or serve liquor on
any licensed premises during restricted trading hours.
Top tips
When you start a new job in the liquor industry, check to see what licence conditions
apply to your new workplace. The rules might be different to what you’re used to.
More information
Learn more about statutory licence conditions for each licence type:
https://www.liquorandgaming.nsw.gov.au/resources/licence-conditions
The public licensing register shows the conditions imposed on a specific licence:
https://www.onegov.nsw.gov.au/PublicRegister/#/publicregister/search/Liquor
Liquor & Gaming NSW also provides support to the Independent Liquor & Gaming Authority.
In practical terms, Liquor & Gaming NSW is responsible for decision making on licences,
regulation, and enforcement of the NSW liquor laws, while the Independent Liquor & Gaming
Authority determines the more complex licence applications and any disciplinary action.
Liquor & Gaming NSW is the government department you will probably have the most interaction
with regarding your competency card. It provides a range of services, including:
Liquor & Gaming NSW Inspectors, together with the NSW Police Force share the responsibility for
enforcing the liquor laws in the community. However, L&GNSW Inspectors have wide-ranging
enforcement powers under the liquor laws similar to that of NSW Police and can enforce the liquor
laws individually, or in consultation with the Police.
In undertaking its statutory functions, the Independent Liquor & Gaming Authority must:
NSW Police also provide information that helps Liquor & Gaming NSW and the Independent
Liquor & Gaming Authority make decisions on licensing applications. NSW Police have wide-
ranging enforcement powers under the liquor laws and can:
Module summary
To recap, the key topics covered in Module 1: NSW liquor laws were:
OR
• you took the steps set out in Liquor & Gaming NSW’s Prevention of intoxication on licensed
premises guidelines.
OR
• the intoxicated person did not consume liquor on the licensed premises.
On a vessel:
If an intoxicated person is on a vessel to which an on-premises licence applies, it is considered
that the licensee has permitted intoxication unless they – or you as a frontline staff member – can
prove:
• the person was not intoxicated when the person boarded the vessel
• the person was refused further service of liquor
OR
• you took the steps set out in Liquor & Gaming NSW’s Prevention of intoxication on licensed
premises guidelines in relation to a vessel.
OR
More information
See the Prevention of intoxication on licensed premises guidelines that have been
developed by Liquor & Gaming NSW. The guidelines contain practical steps to manage
and reduce the risk of intoxication on licensed premises:
https://www.liquorandgaming.nsw.gov.au/documents/gl/gl4002-prevention-of-
intoxication-on-licensed-premises-guidelines.pdf
Not only can serving alcohol to an intoxicated person result in potential harms, permitting
intoxication can result in you, your manager and/or the licensed premises being penalised.
Top tips
If an intoxicated customer is hassling you to serve them a drink, the law won’t show you
any leniency if you give in. You will be fined for serving an intoxicated person no matter
how persistent they are.
Use this to your advantage. You can say something like, “It’s not my call– it’s the law. I
can get a huge fine and lose my job if I serve you.” This shows them that it’s out of your
hands.
Let’s start by taking a look at what intoxication is and how to assess it.
When alcohol is consumed, it is absorbed into the blood stream. Blood alcohol concentration or
BAC is a way of measuring the amount of alcohol in a person's body. A BAC of 0.05 is equal to
50mg of alcohol per 100 ml of blood.
A person’s BAC levels will start to rise as soon as they start drinking alcohol and will reach its
highest level about 30-60 minutes after they stop drinking.
When alcohol flows to the brain, it dampens your arousal, motor and sensory centres, affecting
coordination, speech, cognition and the senses. The first adverse effect of alcohol consumption is
the loss of inhibitions and fine motor skills. When a person’s ability to think or act appropriately is
lost due to alcohol consumption, they can be considered intoxicated.
The immediate effects of alcohol on the brain are often less apparent in people who drink
regularly, as they display a degree of tolerance.
Tolerance means that more alcohol needs to be consumed before its effects are felt. Tolerance
occurs because the liver becomes more efficient at breaking down alcohol. Despite this tolerance,
the long-term effects remain damaging, particularly as the drinkers who have greater tolerance for
alcohol are those who subject themselves to higher blood alcohol levels more frequently.
Sobering up, or reducing blood alcohol concentration, takes time. Nothing can speed up
this process – not fresh air, exercise, coffee, vomiting or cold showers.
Approximately 10% of alcohol leaves the body via the breath, sweat and urine. Most alcohol is
broken down by the liver, which can only eliminate about one standard drink per hour.
Picture this
You’ve been catching up with a couple of friends at the pub on a Friday evening. It’s late
and you’re getting ready to head home. Your friends head to the bathroom while you
stay at the table and text your partner.
Two young men come into the beer garden. They are arguing loudly about something.
Or maybe they’re agreeing – it’s hard to tell the difference. As they pass you, one of
them says, “Who do ya reckon’s better? Chris or Liam?”
Meaning - Intoxication
In NSW, a person is considered intoxicated if:
You should be sure of your reasons for refusal of service and these reasons should not be
discriminatory, for example due to race, sex, or disability. A person has the right to take the matter
to the Anti-Discrimination Board if they feel they have been subjected to discrimination.
Forming a reasonable belief about whether or not someone is intoxicated can come from many
sources, including:
• monitoring the amount and type of alcohol a person or group have consumed
• monitoring the person’s behaviour and emotional state
• talking to the person and their friends
• getting a second opinion from workmates or supervisors.
The effects of alcohol and the signs of intoxication will be different for each person, but there are
common signs and indicators that you can watch out for.
These symptoms or signs are not exhaustive, and not necessarily conclusive of intoxication.
Speech
• slurring words • incoherent or • not understanding • difficulty paying
• rambling or muddled speech normal attention
unintelligible • loss of train of conversation
conversation thought
Balance
• unsteady on feet • staggering • cannot stand, or • bumping into or
• swaying • difficulty walking falling down knocking over
uncontrollably straight • stumbling furniture or people
Coordination
• lack of • dropping drinks • difficulty counting • inability to find
coordination • fumbling change money or paying one’s mouth with a
• spilling drinks • difficulty opening glass
or closing doors
Behaviour
• rude • physically violent • using offensive • inappropriate
• aggressive • loud / boisterous language sexual advances
• belligerent • confused • annoying / • drowsiness or
• argumentative • disorderly pestering others sleeping at bar or
• offensive • exuberant • overly friendly table
• bad tempered • loss of inhibition • vomiting
• drinking rapidly
https://www.liquorandgaming.nsw.gov.au/documents/gl/gl4003-intoxication-
guidelines.pdf
Picking up on these signs and acting on them early can help to prevent intoxication and reduce the
risk of harm to the affected customers and those around them.
It is important that you actively watch out for erratic drinking patterns and take appropriate action
to encourage responsible drinking.
We will cover ways that you can approach customers to encourage responsible drinking and
preventing intoxication later in the guide.
Combining alcohol with any other drug can be dangerous. The negative effects of one drug may
be greatly increased by the other. Combining alcohol and other drugs can also reduce the
effectiveness of medications such as antibiotics.
Mixing alcohol with other drugs that act as a depressant e.g. sleeping pills, heroin and cannabis,
can:
Certain drugs, such as stimulants, may mask the effects of alcohol and cause a person to feel that
they’re not intoxicated. This can place them at risk of injury as they may feel overconfident and not
realise, they are intoxicated.
If you think that someone has been affected by drugs, you should stop serving them alcohol
immediately.
Illicit and illegal drugs can have an unwanted effect on health and behaviour. However, you must
also consider that many people are prescribed drugs for conditions such as heart complaints,
blood pressure and pain relief, which can also have adverse effects if mixed with alcohol.
• acute infections
• acquired brain injury
• brain trauma/tumours
• diabetes/hypoglycaemia
• epilepsy
• head injuries
• pneumonia
• seizures and post-seizure states
• stroke.
Remember that you must comply with the NSW Anti-Discrimination Act 1977 and Commonwealth
discrimination laws when assessing intoxication.
If the person has a medical condition or disability, it is likely that they or their friends will be able to
tell you. However, you must always be conscious of and sensitive to a person’s right to privacy.
Top tips
Determining whether someone is intoxicated, affected by drugs (illicit or prescribed), or
has a physical or intellectual disability can sometimes be challenging. While being
sensitive to their right to privacy, their friends might be able to tell you if they have a
medical condition or disability. Either way, if you observe them drinking alcohol, it could
be reasonable to form a belief that they are intoxicated due to alcohol consumption if
they are showing the signs of intoxication.
So long as you are not being discriminatory, it is alright to form the belief that someone is
intoxicated due to the effects of alcohol even if you are wrong.
More information
There are training courses on disability awareness which can help you better determine
whether the signs you see are due to intoxication or a disability.
By supporting responsible consumption and preventing intoxication, you can lower the risk of
alcohol-related violence and help to promote a safe venue or event for customers, colleagues,
neighbours and yourself.
While implementing the steps in the guideline is not mandatory, it is recommended. Following the
steps can help you provide evidence that you have minimised the risk of intoxication and that
intoxication was not permitted on the licensed premises.
Because liquor is sold in a diverse range of circumstances, you should also consider whether
other measures – in addition to the steps outlined in the guidelines – are needed at your premises
or event to minimise the risk of intoxication. Your workplace’s policies should provide you with
procedures to follow to help prevent intoxication.
More information
Click here to download a copy of the Prevention of intoxication on licensed premises
guidelines. The guidelines contain practical steps to manage and reduce the risk of
intoxication on licensed premises:
https://www.liquorandgaming.nsw.gov.au/documents/gl/gl4002-prevention-of-
intoxication-on-licensed-premises-guidelines.pdf
When you are serving alcohol on licensed premises, you’ll be able to use your RSA knowledge to
provide accurate information to customers, including:
The strength of a drink is measured by how much alcohol (or ethanol) is present, and it is
represented as a percentage. For example:
So, different amounts of each type of drink equate to one standard drink, such as:
It is important to remember that one standard drink is not the same as a standard serve or glass-
size. For example:
• a glass of wine is often sold as a 150ml serving but one standard drink of wine is 100ml,
therefore a standard serving of wine would equal 1.5 standard drinks
• cocktails usually contain multiple shots of different spirits. A cosmopolitan cocktail that contains
60ml of vodka and 30ml of Cointreau would equal 3 standard drinks
• most ready-to-drink bottles or cans of mixers or boutique beers contain more than one
standard drink. Check the packaging for accurate information
Your workplace may use a measuring instrument for pouring spirits, however, this is not legislated
in NSW unless it is a specific condition of the liquor licence.
More information
The Australian Government standard drinks guide can be used to help identify how
many standard drinks have been consumed.
https://www.health.gov.au/health-topics/alcohol/about-alcohol/standard-drinks-guide
• whether your customer has had a change in their life – death in the family, birthday, celebration
• whether your customer was affected by alcohol when they arrived
• whether your customer smells of alcohol
• the length of time they have been drinking
• whether your customer has a medical condition or disability
• your customer’s physical size, fitness, and gender
• whether your customer has eaten a meal.
If you suspect someone is intoxicated but aren’t sure, you could try starting a conversation to see
if they show any further signs. For example:
One lady became so intoxicated she was carried from the venue. In the early hours of
the morning, she was found unconscious near a pool of vomit.
Another drinker was found by roadworkers, passed out in his own vomit in the middle of
the street. The workers moved him to the footpath.
Both patrons were lucky not to have been injured or even killed.
After this event, the licensee received a range of penalties including a fine and stricter
conditions on his liquor licence.
Serving a small group 86 glasses of liquor is a far cry from encouraging responsible
drinking. This resulted in patrons requiring hospitalisation but could have resulted in death.
Where liquor is sold and supplied for consumption on premises, the law states there must be
drinking water available for customers. It must be free of charge and available during all trading
hours. To comply with this requirement, licensed premises can provide water:
Licensed premises that do not offer free drinking water to customers can face fines.
• water
• soft drinks
• mocktails
There is also an increasing range of low-alcohol beers, wines, and boutique drinks available on
the market.
If a person consumes alcohol faster than one standard drink per hour, their blood alcohol
concentration (BAC) is likely to rise more rapidly.
Providing customers with a range of food options on the premises helps to slow down their alcohol
consumption and potential intoxication.
In some cases, for example in a restaurant or café, the sale of alcohol is only for consumption on
the licensed premises along with a meal (where the primary purpose of such on-premises licences
is the provision of food). Such a meal must be considered ‘substantial’ and available at all times
when liquor is sold, and of a nature and quantity consistent with the responsible sale, supply and
service of alcohol.
Under NSW law, the person must also be asked to leave the premises.
Your licensee, manager, and the venue or event will be held liable for the actions you do or don’t
take as an employee.
You must also refuse alcohol service where alcohol appears to be purchased on behalf of a minor.
• obnoxious behaviour
• behaviour that poses a safety risk to the person or others
• physical and verbal acts of aggression or violence
• indecent acts
• harassment
• offensive actions.
An intoxicated person cannot remain in the premises and you cannot serve them. Both you and
your manager, or the licensee, can be fined if an intoxicated person is permitted to remain on the
premises.
A person can be refused entry to a licensed premises or as they attempt to purchase alcohol.
Once refused entry or service, they must be asked to leave the premises. If the person refuses to
leave the licensed premises, contact NSW Police. Bear in mind that you have a duty of care,
which will be explained in section 2.4.5. Ensure the customer’s safety.
More information
Learn more about refusing entry or removing patrons from premises:
https://www.liquorandgaming.nsw.gov.au/working-in-the-industry/serving-alcohol-
responsibly/ejecting-and-banning-patrons
Good communication between staff, management and any security personnel can ensure
everyone is aware of difficult customers or potentially difficult situations so any problems can be
resolved before they escalate.
When monitoring or making a decision to refuse service and remove a customer, it’s important to
communicate with your colleagues. This keeps everyone in the loop and helps you provide a safe
venue or event for customers and staff.
There are, however, some basic steps that should always be followed. These include:
• follow your workplace policy – while all staff should be capable of and experienced in refusing
service, the policy should detail staff and management responsibilities
• be respectful of the customer and avoid embarrassing them by being rude or abusive
• speak to the customer when they are on their own
• be calm but firm – don’t give in and allow “one more for the road”
• advise other staff and security that service has been refused.
When you refuse service to a customer, it’s important to be clear about what is happening, and
also to remain respectful and polite throughout. This helps to prevent the situation from escalating.
Some points to remember:
Case study
"Selling more alcohol to already intoxicated patrons is highly
irresponsible and can have tragic consequences."
In January 2019, a 46-year-old man drinking at a NSW bowling club was denied service
due to being intoxicated. He refused to go.
A staff member sold the man a takeaway beer as an incentive for him to leave. He
drank it at the club. A little later, another staff member sold him more takeaway beer,
this time outside legal trading times.
A short time after leaving the club, the man crashed into a power pole as he drove
home. He died in the accident.
Allowing intoxication can have serious consequences on individuals, their families and
the community as a whole.
It’s not just a rule for the sake of a rule.
• introduce yourself – tell them your name and your role and ask for their name
• approach the customer in a friendly and respectful manner. Patronising or authoritarian
attitudes can evoke anger and make the person aggressive. This is a common response to
threats to one’s dignity. Try not to speak to the customer in front of others
• when talking to the person: use their name; use slow, distinct speech; use short simple
sentences; avoid emotion and involved discussions; use appropriate eye contact (you may
need to limit the amount for cultural reasons); and adjust speaking pace to match the customer
• give the clear, concrete statement that by law they cannot be served another drink
• point out appropriate signage where possible
• notify your manager or supervisor and security (if present). Also notify other staff that you have
refused service to the person. If a shift change is nearing, notify the new staff
• give a clear instruction that the person must leave the premises. If necessary, guide them to
the exit, ensuring that they have all their personal possessions.
You have a duty of care to customers you refuse service to, so make sure you offer appropriate
assistance when you are removing them from the premises such as calling them a taxi or locating
their friends.
If a situation is beyond the scope of your responsibility or poses a threat to customers or staff, you
should get assistance from your manager or security personnel.
Safe transport options, particularly late at night, should be promoted to customers to reduce the
potential for drink-driving, violence, assault and sexual assault. Depending on the nature and
location of the licensed premises, safe transport options can also reduce the potential for noise
disturbances when customers leave the premises.
• courtesy buses – these show a commitment to customer safety and community amenity. It
assists in reducing anti-social behaviour in the vicinity of the premises, especially late at night.
• taxis or uber rides – wherever possible, licensed premises should promote the use and
availability of taxis and uber rides. Options include:
− offering to call a taxi for customers
− having a free phone available for customers to call a taxi
− displaying signage
− promoting taxi voucher schemes
• leave the premises and vicinity immediately and stay at least 50 metres away
• not re-enter or remain in the vicinity for 6 hours
• not re-enter the premises for 24 hours.
Always ensure the customer leaves the premises. If they refuse to leave, you should contact
police for their assistance in removing them from the premises. You or your manager should also
record the incident in the venue’s incident register as soon as possible.
Exceptions to the 50-metre vicinity rule include situations where the customer has a lawful excuse,
such as:
• obtaining transport
• residing in the area
• fearing for their safety if they leave the vicinity.
Top tips
Pointing to a sign can help if you have a customer who refuses to leave. Seeing what
staying around can cost them could be the encouragement they need to move on.
Strategies need to be in place within the premises that establish clear guidelines for acceptable
and unacceptable behaviour and the consequences of unacceptable behaviour, for example, the
barring terms.
Care must be taken to ensure that when you refuse someone entry or eject them from the licensed
premises, either under the liquor laws or by common law, your actions are consistent with the
NSW Anti-Discrimination Act 1977 and Commonwealth discrimination laws.
• outline the definition of intoxication and understand your responsibilities under NSW liquor laws
• assess a person and form a reasonable belief about whether the person is intoxicated
• use various methods to prevent intoxication
• refuse service and entry in a responsible manner.
Module 3: Minors
In general, the younger and smaller a person is, the less tolerant they are to alcohol. This means
that minors are at a greater risk from the effects of alcohol. Additionally, puberty is often
accompanied with risk-taking behaviours like binge drinking, dangerous physical activities, and
risky sexual behaviour such as having unprotected sex.
This is why it’s critical to be rigorous and proactive in your approach to preventing underage
drinking.
Meaning - Minor
A minor is anyone under the age of 18 years.
• recognising your responsibilities in relation to minors and preventing underage drinking under
NSW liquor laws
• being equipped with tips and techniques to help you identify minors and prevent underage
drinking
• being able to identify acceptable proof of identity and conduct thorough documentation checks
• following the correct procedure for dealing with false or misleading proof of identity documents
It is also against the law for anyone to obtain alcohol on behalf of a minor; this is known as
“secondary supply” or “second-party sales”.
It is a serious offence to serve alcohol to a minor on a licensed premises and action can be taken
against you as well as the premises and your manager.
In addition to legal and ethical considerations and the potential harm you could cause, you could
receive a fine or lose your job and source of income if alcohol is served to a minor.
4
See: https://www.police.nsw.gov.au/crime/drugs_and_alcohol/alcohol/alcohol_pages/alcohol_and_young_people
Hotels Minors cannot access bar areas and gaming machine areas.
Exceptions Hotels may have pre-approved authorisation areas where minors are allowed in the company of
a responsible adult, for example, bistros, beer gardens and lounge areas. These are called
“minors area authorisations.”
Minors are allowed in a hotel’s dining area, so long as that area is always used primarily for the
consumption of meals at tables.
Registered Minors cannot enter or remain in bar areas and gaming machines areas.
clubs
Exceptions Minors are allowed in club dining areas and any part of a club’s premises where a non-restricted
area authorisation is in force, but they must be in the company of a responsible adult.
Clubs can also have a club functions authorisation which allows minors to attend functions such
as weddings or cultural activities in certain parts of the club’s premises.
Clubs may also have a junior members authorisation that allows under-18s club members to
access otherwise restricted areas to allow participation in sporting activities or sports-related
prize-giving ceremonies.
Additional There are exemptions that may apply for a minor being in an unauthorised area in a licensed
exceptions for premise unless they are in the company of a responsible adult, for example:
hotels and • minors performing in a bar area
registered clubs • minors travelling through a bar area
• apprentices and trainees.
Nightclubs Minors cannot ordinarily be in a nightclub that operates under an on-premises licence.
(now called public
entertainment
venues)
Exception There is an exception for minors to be able to enter and remain in a nightclub if they are in the
company of a responsible adult.
Small bars From 11 December 2020, small bars that regularly provide meals between their opening time
and 10pm are able to allow minors during these times in the company of a responsible adult.
Small bars can also apply to the Independent Liquor & Gaming Authority for a minors
authorisation to allow minors on the premises in the company of a responsible adult, if –
• they regularly provide meals between their opening time and 10pm, and want to allow
minors on their premises during their extended trading hours between midnight and 5am, or
• don’t regularly serve meals but want to allow minors on their premises in the company of a
responsible adult between the opening time and midnight.
Appropriate signage must be displayed on premises allowing minors inside at all times
Ask yourself
Emily is 17 years old. She is with her boyfriend Jake, who is 21 years old. Emily and
Jake want to listen to live music at the local pub. Jake has suitable ID and is able to get
into the venue without any issues. Emily does not have identification.
Is Jake able to act as Emily’s ‘responsible adult’?
• be aware of people at a bar or liquor store who might be purchasing for others
• watch for minors hanging around outside licensed premises, especially liquor stores
• have security or floor staff monitor areas that are out of sight of the service points
• take wine glasses away from minors at a dining table in a restaurant
• do not allow minors to be served liquor, even by their parents
• keep in mind that some food dishes have alcohol in them.
In NSW, parents and guardians cannot give permission for alcohol to be served to their underage
children on licensed premises. Care must be taken to ensure that minors, including those in the
company of a responsible adult, are not supplied alcohol on licensed premises.
A valid defence of second-party supply is when the person who sold or supplied alcohol to a minor
is the minor's parent or guardian, or someone who has been authorised by the minor's parent or
guardian to sell or supply alcohol to them.
However, this defence never applies if you sell, serve or supply alcohol to a minor on
licensed premises.
This is the responsibility of security or door staff in the first instance, but it is also the responsibility
of any member of staff who sees a customer entering the premises if you have any doubts about
their age.
It is up to you to ensure a customer is genuinely over the age of 18. Identifying a minor might
sound easy but estimating or judging someone’s age is not an accurate or safe strategy. The only
way to be sure you are not permitting a minor to enter the premises is to conduct a thorough
inspection of their proof of age identification.
If you are serving alcohol and haven’t personally seen a customer’s ID, and you have suspicions
they are underage, ask to check their ID yourself. Do this even if security checked ID at the door
or if the customer says they’ve already been checked.
Video
Think you can guess a person’s age? Watch this:
https://www.youtube.com/watch?v=crVfJQWG4kc
• requiring any person appearing under 25 years of age to produce proof of age ID
• requiring close scrutiny to check the authenticity of the ID
• only accepting forms of ID recognised by NSW liquor laws
• requesting a second form of ID when in doubt.
• a driver or rider licence issued by an Australian State or Territory or any foreign country
• Australian passport or a foreign passport
• NSW Photo Card issued by Roads and Maritime Services (RMS) NSW
• proof of age card issued by a public authority of the Commonwealth or of another Australian
state or territory for the purpose of attesting to a person's identity and age
• Keypass (over 18) identity card issued by Australia Post.
• Australia Post digital ID (from 18 January 2021)
The NSW Photo Card is available to people aged 16 and over so take extra care when checking it.
Security features for driver licences for persons under 18 years include:
If the card has a signature, have the person sign a piece of paper and check if the signatures
match. If you’re still unsure, ask the person for a secondary identification.
It is often best practice to request secondary ID if you’re still not convinced the customer is who
they say they are. Secondary ID could include:
• corporate/school/work ID card
• bank or credit card
• Medicare card.
Top tips
Don’t wait for the problem to come to you. If you suspect a customer in the licensed
premises you’re working at to be underage, ask for their ID even if they’ve already been
checked. You might catch someone who snuck their way in.
Customers might choose to present a NSW Digital Driver Licence, so it’s important you know how
to check these. Here are a few tips:
If you have any issues with the above and you suspect the customer is displaying a genuine NSW
Digital Driver Licence, you should ask to check another form of ID.
In NSW, if you are shown a fake ID, you will need to:
You may not confiscate an ID if you suspect it is false or being used fraudulently. Only NSW
Police and certain government agency employees can confiscate ID.
Step Action
Step 1 - Be alert and Regularly monitor the venue inside and out. If there is a group of young people who
proactive are underage loitering, a quiet word will often be enough to send them on their way.
Step 2 - Stand your Inform the minor that the liquor laws prevent the sale of alcohol to them as a minor.
ground Refusal may be embarrassing, so be tactful and professional.
Politely emphasise your legal obligations when refusing to serve someone or not
Step 3 - Avoid blame allowing them into the venue or event. If asking for ID to establish a person’s age, let
them know it is the venue’s policy to make this request of customers.
Step 4 - Ask for evidence If you suspect someone of being underage, politely ask for ID. To be sure, you
of age should request anyone who looks 25 years or younger.
3.2.6. Schoolies
Celebrating the end of school, HSC exams and Year 12 is known as ‘Schoolies’ or ‘Schoolies
week’ and occurs in late November to the middle of December. Across NSW, young people flock
to key areas around the State to celebrate this milestone. For licensed premises, this can be a
challenging time, as alcohol is often part of the celebrations.
Meaning - Schoolies
A tradition wherein high school graduates go on a week-long holiday after their final
exams.
• Byron Bay
• Port Macquarie
• Foster
• Port Stephens
• Newcastle
• Sydney’s Northern Beaches
• Mollymook.
Diligence and teamwork are critical during this potentially risky period. Beyond the usual
measures, which should always be in place, staff can minimise harm and underage drinking by:
• understand the NSW liquor laws that relate to minors and your responsibilities under them
• request acceptable proof of age identification and conduct thorough documentation checks
• prevent underage drinking, including second-party sales.
In this module, we will explore some of the mandatory and voluntary initiatives to help you
understand why they’re important and how they minimise harm. We will also cover what you can
do in your workplace.
By ensuring harm minimisation measures are in place and you always practise responsible
service, you help create a safe, fun and sociable environment where customers want to return and
where you want to work.
• mandatory training
• trading hours
• signage
• advertising and promotion
• remote sales.
Your training must be done through a provider who is approved by Liquor & Gaming NSW.
Depending on your role, you will need to undertake the following training:
Role Training
National Provide Responsible Service of Alcohol (RSA -
Selling, serving or supplying alcohol SITHFAB002) along with the NSW Responsible Service of Alcohol
(RSA) training.
Working with gaming machines NSW Responsible Conduct of Gaming (RCG) training.
NSW Licensee training, and, for some licensed premises that
To be a licensee, approved manager or
operate in a potentially higher risk environment such as after
club secretary of most licence types
midnight, the NSW Advanced Licensee training.
Effective training:
• helps you to understand your roles and responsibilities under the NSW liquor laws
• helps you to learn the practical skills behind RSA and harm minimisation
• leads to a safe environment for you, other staff and customers.
You will also undertake additional training in your workplace. This might be:
• an induction session before starting your first shift, to learn about the business and specific
requirements of their responsible hospitality practices
• regular staff meetings to discuss issues and incidents, provide current information, review
policies, and encourage teamwork
• regular refresher training to keep up to date
• practical tips and training ahead of high-risk periods or events such as schoolies, big sport or
racing events etc
More information
You can use the Liquor & Gaming NSW training selector tool to check your training
requirements:
https://www.liquorandgaming.nsw.gov.au/working-in-the-industry/training-to-work-in-the-
industry/getting-trained/licensee-and-advanced-licensee-training
Hours of operation can vary for public holidays – see the table on the following page.
Never make exceptions and serve customers after your closing time, as you would be breaking
the law.
Top tips
Keep a close eye on the time towards the end of trading hours. Serving alcohol to a
customer after close can result in serious penalties. You could set an alarm close to
closing time on your phone if you might get distracted from checking the time.
4.1.2.1 Staffies
Venues are allowed to have “staffies” drinks for a maximum of two hours after the cease of trading
on any day of the week.
This applies to staff and anyone providing services or entertainment on the premises immediately
before cease of trading. Staffies enables workers to wind down and socialise with their colleagues
in a relaxed environment at the end of their shifts. Bear in mind that not all venues have staffies,
but if yours does, it’s important to always follow your organisation’s procedures.
A Community Impact Statement will be required as part of the application process to allow the
community to comment. This is because the Government recognises the higher risks posed by
late-trading, and the importance of any community impacts being carefully considered, even for
smaller venues.
Monday – Saturday Sunday Good Friday Christmas Day New Year’s Eve
Registered clubs
Normal on premises trading Normal on premises trading
(established after 1 July 5am – midnight 10am – 10pm Normal trading
No takeaway sales No takeaway sales
2008)1
Packaged liquor licence1 5am – midnight 10am – 11pm No retail trading permitted No retail trading permitted Normal trading
Normal trading:
Midday – 10pm Midday – 10pm
Midday – 10pm
Small bar licence2 Midday – 2am Midday – 2am Midnight – 5am, if Midnight – 5am, if
authorised by an extended authorised by an extended Midnight – 5am, if
trading authorisation trading authorisation authorised by an extended
trading authorisation
1
There may be an 11pm restriction (10pm on Sunday) for some premises, and 11pm restriction applied to all takeaway alcohol sales from these licences
2
Trading after midnight is subject to a venue’s local government development approval of consent.
3
Alcohol can be sold from one hour before the vessel starts its voyage until 30 minutes after the voyage ends
4
Sunday trading hours for caterers are between 5am – 10am or 10pm - midnight.
5
Normal trading for caterers, airports and vessels (and accommodation premises for sale to residents and their guests on Good Friday).
Note: Most licensed premises must adhere to trading time restrictions
T
NSW Responsible Service of Alcohol – Course Handbook 52
4.1.3. Signage
The law requires signage to be displayed both inside and outside the venue or event. Visible
signage helps customers to follow the rules and staff to monitor and enforce them (where
necessary).
A new suite of liquor and gaming signage designed to meet Australian Standards in relation to
colour and pictograms is visually appealing, and easy to understand. The new signage stock was
introduced on 18 January 2021. Licensed premises and businesses selling liquor online will have
until 19 July 2021 to transition to the new signage. Licensees can download and print approved
signage or continue to ordering from the Liquor & Gaming online shop.
Sign Requirement
Sign 1L – Under 18’s not to be served alcohol
• this sign is required in all licensed premises
• it must be displayed wherever alcohol is sold on the premises,
such as at each bar and counter
• where there is no bar or counter, for example in a small
restaurant, the sign must be prominently displayed at or near
every entrance.
–––
More information
From 18 January 2021, standard signage required to be displayed in licensed venues or
for training purposes can be downloaded and printed from the Liquor & Gaming NSW
website. This will allow businesses to print signs in-house or work with their own
professional printers to comply with regulatory signage requirements.
The new Liquor & Gaming online shop offers more reliable ordering and reduced wait
times. All regulatory signage will continue to be available from the shop, as an optional
print supplier from 18 January 2021.
Undesirable promotions, or ones that are not properly managed, can contribute to alcohol-related
harm and anti-social behaviour which impacts individuals, families and communities.
The Liquor Act 2007 details the types of promotions that may be restricted or prohibited, being
ones that:
• are likely to have a special appeal to minors because of the use of designs, names, motifs or
characters
• are indecent or offensive
• involve providing liquor in nonstandard measures, or using emotive language that encourages
irresponsible drinking and is likely to result in intoxication
• encourage irresponsible, rapid or excessive consumption of liquor
Inappropriate and unacceptable promotions are activities that risk the safety of customers. Some
examples include:
More information
Learn more about liquor promotions: https://www.liquorandgaming.nsw.gov.au/working-
in-the-industry/serving-alcohol-responsibly/liquor-promotions
Remote alcohol sales, particularly online sales, are a potential source of supply for minors and
intoxicated people. Therefore, the licence holder is currently required to display:
When taking an order (via phone, fax or mail) from a new buyer, the licence holder must ensure
the buyer provides a date of birth to confirm that they are over 18 years old. This only needs to be
done on the first order with the customer.
The licensee must give written instructions to the person delivering the order, e.g. a courier,
requiring the liquor be delivered:
• to the adult who placed the order – their name should be included in the instructions
• to another adult at the delivery address accepting the delivery on behalf of the adult who
placed the order, or
• in accordance with the customer's instructions (for example, delivery to another address), but
only if the delivery is made the day after either the order is taken or the sale was made online.
If you are a courier or delivery person, you must use the following checklist to make sure you meet
your requirements:
This isn’t just good practice. Supplying alcohol to a minor as a delivery driver could result in a
maximum penalty of $11,000 or 12-months imprisonment, or both.
In November 2020, the Liquor Amendment (Night-Time Economy) Act 2020 introduced an
enhanced regulatory framework for the sale and supply of liquor via same day delivery in NSW
which included:
• From 1 June 2021, significant changes to apply to same day alcohol delivery requirements for
service providers, their employees and delivery agents
• From 19 July 2021, licensed premises and service providers selling liquor online must display
the new signage requirements. Refer to Section 4.1.3 on page 53 for more information
• From 1 December 2021, same day delivery service providers, their employees and delivery
agents must have completed a new Responsible Supply of Alcohol Training (RST) and a
Liquor & Gaming NSW RST online knowledge test to work in the industry. Liquor & Gaming
NSW will deliver the RST course and knowledge test online from 1 July 2021.
• From 1 June 2022, same day delivery providers will be required to verify the age of the
customer at the time the order is placed online.
More information
For more information on the Liquor Amendment (Night-time Economy) Act 2020 in
relation to same day alcohol delivery refer to:
A plan of management is specific to each business and demonstrates how a licensee intends to
remain compliant with the law. Venue- or business-specific risks are first identified then managed
by using appropriate strategies and approaches.
The plan should be a working document that is regularly reviewed to ensure continued validity. For
example, if a new risk is identified, there is a strategy in place for managing it. As a frontline
worker, you may be involved in reviewing this plan.
• a list of customers who are not to be served alcohol, such as minors and intoxicated persons
• expected standards of behaviour from customers
• drink limits
• approach to dealing with problem customers.
Policies, procedures, and voluntary conditions should be reviewed regularly to ensure they are
effective.
Top tips
You need to understand all plans, policies, and procedures within your workplace and
regularly check with your manager for updates. You can suggest ideas, improvements,
or changes to these.
All licensed premises are encouraged to maintain an incident register, and there are some
instances where licensed premises are required to keep one. An incident register helps provide a
more detailed understanding of events that may impact adversely on the safety of their licensed
premises, staff and customers.
You should be familiar with how to complete an incident register if one is maintained by your
workplace. Information that should be recorded in the register includes:
More information
Learn more about using incident registers and their benefits:
https://www.liquorandgaming.nsw.gov.au/working-in-the-industry/licensees-and-
approved-managers/incident-registers
There are certain circumstances where it is mandatory for venues to employ an RSA marshal, but
licensed premises may also elect to employ them voluntarily to assist with harm minimisation.
Liquor accords identify alcohol-related problems in the area and come up with practical solutions
to solve these.
It’s a great idea for your workplace to be part of a local liquor accord.
More information
Liquor & Gaming NSW provides a range of educational resources and tools to support
liquor accords.
Find out more:
https://www.liquorandgaming.nsw.gov.au/operating-a-business/running-your-
business/liquor-accords
4.2.8. Self-exclusion
Self-exclusion is when a customer excludes themselves from a licensed venue by entering into a
formal agreement with a licensee or licensed venue. Self-exclusion agreements are a crucial
strategy in harm minimisation.
Customers may self-exclude because of liquor or gambling issues. Many people enter into a self-
exclusion agreement when they are undertaking a rehabilitation program.
Under the self-exclusion agreement, you can lawfully stop a customer from entering or remaining
on the licensed premises. You have the legal power to use ‘reasonable force’ to:
• any image, colour, club patch insignia or logo, even as little as 1% of the symbol or image
• any abbreviation, acronym or other form of writing that indicates membership.
Module summary
To recap, the key topics covered in Module 4: Harm minimisation strategies and approaches were:
• understand and support the implementation of the mandatory harm minimisation strategies in
NSW
• understand the purpose and benefits of voluntary harm minimisation strategies in your
workplace
• understand what best practice strategies you can use personally.
Liquor & Gaming NSW promotes voluntary compliance while applying escalating enforcement
action that targets industry workers and businesses who demonstrate more serious, repeat or
sustained contraventions or other misconduct inconsistent with community expectations and the
public interest.
Encouraging the responsible development of industry and promoting voluntary compliance and
best practice through industry engagement and guidance is a key feature of Liquor & Gaming
NSW’s regulatory approach.
To ensure compliant and vibrant industries, engagement must be underpinned by a flexible and
robust compliance framework that can apply escalating enforcement action to target specific
misconduct.
Liquor & Gaming NSW approaches enforcement in a way that is in proportion to the seriousness
of any non-compliance of the NSW liquor laws, the associated harm, a licensee’s compliance
history, aggravating or mitigating factors, and community expectations of behaviour. The more
serious the offence or more wilful the behaviour, the more serious the response.
Through this approach, Liquor & Gaming NSW aims to achieve future compliance, signal general
deterrence and instil public confidence in the regulation of industry.
• receive complaints via various channels, including members of the public, and
• work in conjunction with NSW Police to conduct regular overt or covert inspections of venues.
Liquor & Gaming NSW can enforce the NSW liquor laws through a range of actions, including:
These regulatory actions are used to promote changes in attitudes and behaviours, rather than
simply applying a punishment.
Penalties for offences under the Liquor Act 2007 can comprise of up to:
• $11,000 for individuals
• $27,500 for corporations
• 12 months’ imprisonment
Penalties to individuals include RSA workers who have served alcohol to a minor or an intoxicated
person.
Another thing to be aware of is “vicarious liability”. This means that when you commit an offence,
not only could you be penalised, but your licensee is also accountable for your actions and can
additionally be penalised.
Liquor & Gaming NSW can also suspend or revoke your RSA certification, or disqualify you from
holding an RSA certification for up to 12 months for serious breaches of the RSA laws.
More information
Find out more about penalties for RSA breaches:
https://www.liquorandgaming.nsw.gov.au/community-and-stakeholders/underage-
drinking/underage-drinking-fines
A licensee may choose to terminate your employment if you commit an offence that results in
them being penalised and the risk of harm to customers, colleagues and the community.
Enforcement action taken against you under the liquor laws can have lasting consequences and
lead to:
Ask yourself…
Could you afford a fine of up to $11,000?
Would you have other employment options if your RSA was revoked and you were no
longer able to work in your current role or in a licenced venue?
How would you feel if your actions resulted in a fine for your licensee?
The NSW government operated three regulatory schemes aimed at ensuring licensed premises
operate lawfully, responsibly and safely. These were:
Under the scheme, licensed premises received a grade depending on the number of alcohol-
related violence incidents occurred at the licensed premises over the past year
Licensees who repeatedly commit serious offences or allow offences to occur on their premises
could lose their liquor licence temporarily or permanently.
Escalating sanctions could be triggered if a person was convicted of selling liquor to a minor on a
licensed premises.
The aim of the new system is to make it easier for venues to understand and comply with their
obligations. Under the new system, demerit points are incurred automatically for the most serious
liquor law breaches for example permitting intoxication or violence. A double demerit point system
will also be in effect for selling or supplying liquor to a minor. This is because of the seriousness of
the issue and reflects the Government’s continued emphasis on minimising the related risks of
harm to minors.
Demerit points can also be imposed by the Independent Liquor & Gaming Authority if there are
serious recurring issues with venues encouraging the following:
• risky drinking
• frequent intoxication and/or violence at the venue
• patrons committing serious indicatable offences, or
• putting the public’s health or safety at risk
Demerit points will be attached to licensees and managers of licenced premises (this excludes
registered clubs). Demerit points will automatically be removed after three years.
However, the Independent Liquor & Gaming Authority can consider an application to remove
demerit points in two circumstances:
• for Category 1 demerit points, where the licensee or manager has not committed a prior
demerit offence in the past 10 years, or
Well-managed venues will be rewarded with a 5% liquor licence fee discount after maintaining a
clear record with no demerit points for three years and a 10% discount after five years.
Venues where demerit points have been incurred or imposed will be ineligible for these discounts
and will have to pay additional licence fees as part of annual compliance loadings.
Each demerit point incurred will require the payment of additional annual compliance loading fee
paid once, the year after the demerit point was incurred or imposed. These venues will also be
liable for location risk loading and patron capacity risk loading elements.
You can also refer to the flowchart on the following page to see how the scheme works.
While the consequences of a regulatory system will generally directly affect the licensee, manager,
and business as a whole, you can also experience indirect consequences such as reduced
working hours if the venue has to close earlier.
Ask yourself…
How would you feel if your actions resulted in the closure your workplace for 28 days?
How would you cope with little or no income while the venue is closed?
With this is mind, it is of paramount importance that you always sell, serve and supply alcohol in a
responsible manner and discuss any concerns relating to the risk of harm and non-compliance
with your manager.
Picture this
A new security staff member has started at the bar where you work. As you walk
through the venue collecting glasses one busy Saturday evening, you see him talking to
a group of young people who you recognise from the school you used to go to. You’re
certain at least a couple of them are underage. Shortly afterwards, they are at the bar
ordering drinks.
You speak to the security guard and he tells you the group is with him and not to worry
about it. If anyone catches them, he’ll take responsibility.
You’re uncomfortable with this situation but you don’t say anything. You don’t want your
new colleague to hate you for telling the boss and you’re not the one who’ll face the
consequences anyway. It’s not like you’re the one serving them.
Turns out there the consequences affect you after all.
A parent of one of the underage drinkers finds out your bar served her daughter and is
furious. She contacts the police, who check the CCTV footage and see that minors were
indeed served on the premises. The licensee is penalised under the Minors Sanctions
scheme and is forced to close the venue for a week. He in turn is angry that his staff
allowed minors to be served on the premises and fires everyone who was working that
shift.
This might not seem fair, but the responsible service of alcohol is everyone’s
responsibility. If your boss fires you because you allowed minors to be on the premises
even if you didn’t serve them, you might not have any recourse. At the very least, you
wouldn’t have any shifts when the venue has been shut down.
This doesn’t even take into account the harm that could be caused as a result of the
underage drinking.
Module summary
To recap, the key topics covered in Module 5: Compliance and enforcement were:
It is a good idea to undertake all training you require, such as Responsible Conduct of Gambling
or Privacy, at once before you apply for your NSW competency card. That way you can be issued
with all your endorsements in one visit – saving you time and money.
Note: all competencies expire on the same date, calculated five years from the first competency
gained.
Obtain an NSW RCG endorsement on your competency card by completing the training in a
classroom environment through a Liquor & Gaming NSW approved training provider.
Privacy training
If you work in the Kings Cross precinct and wish to operate an ID scanner, you will also need to
obtain a privacy endorsement by completing the Privacy training course online.
More information
Find out everything you need to know about all the courses available to you, including
RCG, privacy, and licensee training:
https://www.liquorandgaming.nsw.gov.au/working-in-the-industry/training-to-work-in-the-
industry/getting-trained
As soon as possible, take your interim certificate along with your identification documents to a
Service NSW service centre to apply for a competency card.
Check the Service NSW or Liquor & Gaming NSW website for current requirements, which include
proof of identity documents.
To maintain currency, at the end of this period you will be required to undertake mandatory online
RSA refresher training which will allow you to renew your competency card for an additional five
years.
It is important to have a clear understanding from your manager on the tasks you can undertake if
you are under 18 years of age.
More information
Find a participating Service NSW service centre:
https://www.service.nsw.gov.au/
Intoxication guidelines
https://www.liquorandgaming.nsw.gov.au/documents/gl/gl4003-intoxication-guidelines.pdf
For the most up-to-date advice on COVID-19 restrictions, please visit the NSW Government
website at:
https://www.nsw.gov.au/covid-19
RSA videos
Liquor & Gaming NSW have a range of videos available outlining typical scenarios which may
support your learning of RSA:
Impacts of alcohol
This short video explores the impacts of alcohol. When misused, alcohol can be the cause of harm
in venues, communities and homes. Find out how an RSA frontline worker can help minimise the
impacts of alcohol misuse.
https://www.youtube.com/watch?v=Bio2aKM6D7c