As featured in the latest edition of Bowler Magazine
Queensland clubs have a duty under the Liquor Act 1992 to manage alcohol consumption, prevent intoxication and take appropriate action if guests become unduly intoxicated on premises. Failure to uphold these obligations can compromise the safety of staff and guests, damage your club’s reputation, and lead to hefty fines and other penalties.
A person may be ‘unduly intoxicated’ if their speech, balance, coordination, or behaviour is noticeably impacted, and there are reasonable grounds to believe the cause is alcohol, drugs, or another intoxicating substance.
Penalties
Under the Liquor Act 1992, it is an offence to allow an unduly intoxicated person to consume liquor on a licenced premises. Fines apply where an intoxicated individual is sold or given liquor or is allowed to receive or consume liquor on your premises. Licensees and managers may be fined up to $80,650, while bar staff may be fined up to $12,904. Additionally, the intoxicated patron can be fined up to $8,065.
Additional penalties may apply to Licensees, including:
- the cancellation or suspension of their licence for up to 12 months;
- having the premises or part-premises closed;
- a reduction in their trading hours;
- disqualification from holding a licence for up to five years; and
- further fines.
Refusing Service
Before refusing service, it’s a good idea to engage in a polite conversation with the patron to assess the situation. Interacting with them and observing their speech, coordination, balance and behaviour should indicate whether they are unduly intoxicated. Once you have decided to refuse service, you should deliver the message calmly and consistently and know who to ask for support if required.
Some tips when refusing service to a patron include:
Do:
- be polite and clear;
- keep your tone calm, even if the patron raises theirs;
- use signage to support your decision;
- explain the reason for refusal (e.g. signs of intoxication);
- offer alternatives where appropriate (e.g. non-alcoholic drinks, arranging a ride);
- inform other staff about the refusal;
- seek support from other staff or security;
- ensure the patron leaves the premises safely; and
- document the incident, especially if the patron becomes aggressive.
Don’t:
- use negative labels or make value judgements;
- serve “one last drink” after refusal;
- allow them to finish their drink;
- escalate the situation (e.g. by raising your voice); and
- delay the refusal.
Your club should wish to implement a written policy outlining procedures for refusing service. This can help your staff engage confidently and consistently with patrons, assist with your club’s compliance under the Liquor Act and promote a safer venue for all.
Seek professional advice
If your club is looking to implement a policy for the refusal of service or if you have any questions, we highly recommend contacting an experienced professional for tailored advice.
Please don’t hesitate to contact me on (07) 3324 0353 if I can assist you with this.
