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Liquor Licensing Control Act 1988

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Liquor Licensing Control Act 1988 Overview of Licences and Summary of Mandatory Knowledge for Approved Managers – PowerPoint PPT presentation

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Title: Liquor Licensing Control Act 1988


1
Liquor Licensing Control Act 1988
  • Overview of Licences and Summary of
  • Mandatory Knowledge for
  • Approved Managers

2
Objects of the Act",
  • The minimisation of harm or ill health caused by
    the use of liquor.
  • to regulate the sale, supply and consumption of
    liquor
  • to regulate, and to contribute to the proper
    development of, the liquor, hospitality and
    related industries in the State
  • to cater for the requirements of the tourism
    industry
  • to facilitate the use and development of licensed
    facilities reflecting the diversity of consumer
    demand
  • to provide adequate controls over, and over the
    persons directly or indirectly involved in, the
    sale, disposal and consumption of liquor, and
  • to provide a flexible system, with formality of
    technicality as may be practicable, for the
    administration of the Act

3
Liquor Licences and Permits
  • Hotel
  • Night Club
  • Casino
  • Special facility
  • Liquor store
  • Small Bar
  • Club and club restricted
  • Restaurant
  • Producer
  • Wholesaler

4
Obtaining a Liquor Licence
  • The following will be taken into consideration
    for anybody applying for a Liquor License
  • the creditworthiness of that person
  • the character and reputation of that person
  • the number and nature of any convictions of that
    person for offences in any jurisdiction an
    extension of the previous point
  • the conduct of that person in respect to other
    businesses or to matters to which this Act
    relates and does the person have the skills and
    required business ethics to be involved in the
    sale of alcohol
  • any report submitted, or intervention made,
    under section 69, The commissioner of police or
    other agencies may be requested to provide
    reports as evidence
  • The licensing authority may require a person
    wishing to be appointed to a position of
    authority in the conduct of a liquor licence to
    demonstrate relevant knowledge or undertake
    training relevant to managing licensed premises.

5
Licence maybe granted to
  • (a) to a natural person
  • (b) to a body corporate
  • (c) to an unincorporated body of persons in
    accordance with section 35A or
  • (d) jointly to two or more of the above.
  • 2. Where a licence is granted to 2 or more
    persons, those persons are jointly and severally
    liable -
  • (a) as licensee and
  • (b) in respect of any civil or criminal
    liability that attaches to the licensee under
    this Act.

6
The most common offences committed under the
Liquor Control Act are those that involve
  • Juveniles
  • Overcrowding
  • Trading outside permitted hours
  • Trading contrary to a condition of the licence
  • Unauthorised alterations
  • Trading without an approved manager

7
Noise and Behaviour
  • Licensees are obliged to operate their licensed
    premises in a manner that 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 effect people, property
    and businesses due to the manner in which licence
    is operated.

8
Obligations of Licensee
  • All licensees must provide free, potable drinking
    water for consumption on the premises during all
    hours that liquor is available.
  • Members of the Police Force have the power to
    close licensed premises if they believe that the
    closure is in the best interests of the
    community.
  • The manager may declare special events and the
    Director licensing issue ETPs for these
    events.(Extention to Trading Permit)
  • Police will have enhanced power including that of
    destroying opened and unopened liquor immediately
  • The Liquor Licensing Act obligates those people
    involved in the running of licensed premises to
    refuse service to drunken persons and to those
    people it deems it would otherwise be
    inappropriate to sell alcohol to.

9
Obligations of Licensee
  • Legislation will enable the Director of Liquor
    Licensing to ban a person from entering or being
    employed on, licensed premises under a
    prohibition order.
  • Persons removed from, or refused entry to
    licensed premises must leave the area of the
    premises, including car parks. Failure to do so
    immediately may result in Police action including
    a move on notice.
  • Incident register
  • All licenses must maintain an incident register
    to be available for inspection at all times. For
    format, see RGL website.
  • Liquor accords
  • Parties to liquor accords may request the
    Director to vary, impose or cancel conditions on
    any licence.

10
Internet sales
  • Licensees can sell over the internet if
  • They have a valid licence
  • Do not sell to juveniles
  • Provide specific information (see Sale of
    liquor on internet policy at www.rgc.wa.gov.au)
  • Do not sell prohibited alcohol products

11
There are numerous Acts and Regulations that
licensees need to be aware of, these include
  • Liquor Control Act
  • Security and Related Activities (Control) Act
  • Racial Discrimination Act
  • Equal Employment Opportunity Act
  • Occupational Safety and Health Act
  • Health Act
  • Fair Trading Act
  • Gaming Commission Act
  • Local Government Act

12
Responsibilities and Liabilities
  • Duty of Care
  • A duty of care is a duty owed by one person to
    another and based on the particular relationship.
    A duty of care is not a one sided obligation if
    you owe a duty of care to an individual, they
    also owe a duty of care to you.
  • To be liable for negligence in relation to
    another person, an individual must owe a legal
    duty of care to that other person.

13
Negligence
  • Negligence is the basis of most personal injury
    cases. Its four elements are as follows
  • 1. The defendant owed a duty of due care (that
    is, bound to act as a reasonably prudent person
    under the circumstances) to the plaintiff
  • 2. The defendant breached that duty
  • 3. The defendant's breach was the legal and
    proximate cause of injury to the plaintiff
  • 4. The plaintiff suffered damages as a result
    of the defendant's actions.
  • These elements are often summarized as the
    formula of "duty, breach, causation, and
    damages."
  • Obviously, whether any given injury can be
    brought as a negligence claim depends upon
    whether a lawyer can convince a court that the
    defendant owed the plaintiff a duty of due care
    to not inflict the particular injury at issue.

14
Misrepresentation
  • In contract law, a misrepresentation occurs when
    a party to a contract makes a representation by
    words or conduct that conveys a false or
    misleading understanding. For example, under
    certain circumstances, false statements or
    promises made by a seller of goods regarding the
    quality or nature of the product that the seller
    has may constitute misrepresentation.
  • There are three different classification of
    misrepresentation.
  • Innocent Misrepresentation When the
    representation is made with an honest belief that
    it is true.
  • Negligent Misrepresentation When the
    representation is made carelessly.
  • It is a requirement that the maker of the
    representation knew or ought to have known that
    the representations were likely to be acted upon.
    Naturally, the representations must be false, and
    made negligently, i.e. without taking appropriate
    care.
  • Fraudulent Misrepresentation When the
    representation is made with intent to deceive and
    with the knowledge that it is false.

15
Occupational Safety and Health Act
  • Employers have a duty under the Occupational
    Safety and Health Act to provide a safe
    workplace. They must develop safe systems of work
    and provide supervision, instruction and
    training. They must consult with employees and
    safety and health representatives on occupational
    safety and health matters.
  • 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.

16
For an employee to succeed in a damages claim in
which it is alleged that the system of work was
unsafe four elements must be proved
  • Foreseeability That the employer's operations
    involved a risk of injury that was reasonably
    foreseeable.
  • Preventability That there was a reasonable
    practicable means of obviating that risk.
  • Causation That the employee's injury was caused
    by the risk in question.
  • Reasonableness That the failure of the employer
    to eliminate the risk showed a want of reasonable
    care for the employee's safety.

17
Risk Management
  • The investment made in obtaining a liquor licence
    is quite considerable and the potential for
    exposure to risk can be significant if the
    licence is not operated in accordance with the
    requirements of the Liquor Control Act.
  • Generally, risk management is the process of
    measuring, or assessing risk and then developing
    strategies to manage the risk. In general, the
    strategies employed include
  • Transferring the risk to another party.
  • Avoiding the risk.
  • Reducing the negative effect of the risk, and
  • Accepting some or all of the consequences of a
    particular risk.
  • This section discusses some strategies to manage
    the risks associated with operating licensed
    premises.

18
Customer Service
  • To be successful in any business you must provide
    for the needs of your customers,
  • Once you have a clear understanding of the type
    of business you wish operate and the way you wish
    to operate it, you then need to determine if this
    fits with your customer's needs. You will need to
    have an understanding of
  • Who - your customers are
  • What - they come for
  • When - they come
  • Why - they come to you
  • Where - they come from

19
Customer Service
  • If your customer's expectations do not match your
    vision you will need to re-evaluate the operation
    of the business. This means that you will need to
    do one of two things
  • Change the business to meet the expectations of
    existing customers or
  • Change the business to attract new customers
  • At the end of the day it is up to the business
    operator to make the changes required for the
    business to succeed.

20
Responsible Service of Alcohol
  • The reasons for providing responsible service of
    alcohol are both moral and legal. Moral reasons
    relate to your concern for the wellbeing of
    another person. Legal reasons include concerns
    over negligence in civil matters along with the
    liability and legislative requirements under the
    Liquor Control Act. This is now clearly
    demonstrated with the object of the Act that
    refers to harm minimisation.

21
Elements and Performance Criteria
  • Identify customers to whom service may be refused
  • Prepare and serve alcoholic beverages responsibly
  • Assist customers to drink within appropriate
    limits
  • Assist alcohol affected customers
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