6. Management of alcohol

Licence conditions

The sale and supply of alcohol is governed by the Liquor Act 1982 and the Registered Clubs Act 1976, administered by the Department of Gaming and Racing. The Licensing Court, the Liquor Administration Board, inspectors with the Department of Gaming and Racing and the NSW Police are all in various ways responsible for the day-to-day application and enforcement of the Acts.

Liquor harm minimisation is a primary object of the legislation - that is, the minimisation of harm associated with the use and misuse of liquor such as harm arising from violence and other anti-social behaviour.

A liquor license is required at any event where alcohol is to be sold. This includes events where alcohol is included in the ticket price or, for example, where a donation is required for entry to the venue or to obtain alcohol.

Non profit organisations are able to apply to the Licensing Court (www.olgr.nsw.gov.au) for one of two types of function licences - a permanent function licence or a temporary function licence. These licences allow alcohol to be sold at a function approved by the Court.

Alcohol can also be sold or supplied at functions and events through the use of an existing caterer's or hotelier's licence, or through the use of a permanent liquor licence that already exists at the venue where the event will be held (such as a public hall or university licence).

BYO and non-BYO events

If patrons attending the event are allowed to bring alcohol onto the premises, they may be breaking the law by drinking in a public place. Local councils often make regulations - 'Alcohol-free Zones’ - prohibiting the drinking of alcohol in certain public places, such as foot paths, parks, ovals, and public facilities. Enquiries should be made with the venue owner/operator and the local council.

It is recommended that an event be licensed rather than allow BYO liquor. This will give more control over the level of alcohol consumption at the event and a greater chance to monitor and direct the behaviour of the crowd.

Responsible service of alcohol

The Department of Gaming and Racing conducts the 'No More. It's the Law.' responsible serving program to promote awareness of the intoxication provisions of the liquor laws, specifically that intoxication is not permitted in licensed venues and alcohol will not be sold to intoxicated people. Any person who sells or supplies liquor to an intoxicated person on licensed premises commits an offence, with a maximum penalty of $5,500. Also, a licensee who allows an intoxicated person onto licensed premises, or does not request intoxicated persons to leave the premises, also commits an offence. Patrons also have certain responsibilities under the liquor laws and may face penalties if they refuse to leave premises when requested.

Licensees have responsibility to ensure that liquor is sold responsibly and lawfully at their functions. Requirements may include:

• The display of signs and posters referred to in the Licensing Court's Harm Minimisation Practice Direction
• The use of licensed security personnel to patrol the functions, where necessary
• The availability of food whenever alcohol is available
• The availability of low alcoholic and non alcoholic drinks wherever full strength alcohol is available, preferably with differential pricing so as to encourage patrons to consume low or non-alcoholic beverages.

Licensees who are operating functions on a regular basis will probably be required to undertake an approved responsible service of alcohol training course.

Secondary Sales to Minors

'Second party sales' to young people under 18 years is prohibited. This is when an adult supplies alcohol to a minor, or buys alcohol on behalf of a minor. This offence carries a maximum penalty of $5,500, or $11,000 and/or 12 months prison in serious breaches (e.g. when large amounts of alcohol or young children are involved).

Before serving a patron, staff must ensure that the person is 18 years or older. If there is any doubt, staff must request identification. Acceptable forms of identification under the liquor laws are a driver's licence, passport or Proof of Age Card - but only if they have a photo and signature on them. Licensees, club secretaries and their staff must ask for proof of age from customers they believe might be under 18 years of age.

A system of coloured bracelets, tickets or stamps can assist event and bar staff to efficiently identify under-age patrons and ensure that they do not gain access to liquor or the liquor consumption areas.

Beverage options

It is important to consider what types of alcoholic and non-alcoholic drinks will be available. Low alcohol beer, juice, soft drinks and drinking water should be available whenever full strength beer, wine and spirits are served.

Consideration should also be given to pricing structures as these may influence the type and quantity of alcohol consumed. Discounting alcoholic drinks and 'all inclusive' event tickets may encourage intoxication and subsequently lead to other problems. This is not recommended, and may even be against the law.

Beverage containers

Many alcohol-related injuries are caused by glass containers and cans. Restricting alcohol to plastic containers and opened cans helps to prevent injuries and significantly reduce cleaning costs.

All spirits must be measured by an approved measuring device to ensure consistent nip measures of 30mL or 15mL. Otherwise, spirits must be served in a pre-mixed form or package , such as a 375mL can.

Trading hours

Different types of liquor licences are subject to different trading hours. However, all licensees must trade within the hours imposed on the licence.

If no specific hours are fixed by the Licensing Court, trading hours for a function licence are deemed to be from 30 minutes before the commencement of the function and until one hour after the conclusion of a function, or where the function continues past midnight on any day, no later than 3 am. The local police and the local council should be advised of the proposed trading hours.

Alcohol consumption areas

Event managers need to define the areas where alcohol will be sold and supplied as well as the area in which patrons will consume the alcohol. Details of the methods used to define each area must also be provided (e.g. fencing, railings, planter boxes, barrier mesh). These details must be clearly shown on the site plan.

Download management of alcohol form  (pdf)

Download details of underage drinking offences (pdf)

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