Liquor Licensing Control Act 1988Overview of Licences and Summary of

Mandatory Knowledge forApproved Managers

Develop and update legal knowledge for business compliance

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Objects of the Act",

The minimization 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 industryto facilitate the use and development of licensed

facilities reflecting the diversity of consumer demandto 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

Liquor Licences and Permits

Hotel Night Club Casino Special facility Liquor store Small Bar Club and club restricted Restaurant Producer Wholesaler Occasional licences

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.

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.

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.

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 alterationsTrading without an approved managerNoise 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.

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 ETP’s 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.

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 registerAll licenses must maintain an incident register to be

available for inspection at all times. For format, see RGL website.

Liquor accordsParties to liquor accords may request the Director to

vary, impose or cancel conditions on any license. Internet sales

Licensees can sell over the internet if:

They have a valid license 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

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 Workers Compensation Act Food Regulations Act Environment Protection Act

Each of these Acts can have an impact on the operation of licensed premises, and as with any business, owners and managers should be proactive in ensuring compliance to facilitate ongoing operation of the business.

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.

Negligence

Negligence is the basis of most personal injury cases. Its four elements are as follows:

The defendant owed a duty of due care (that is, bound to act as a reasonably prudent person under the circumstances) to the plaintiff

The defendant breached that dutyThe defendant's breach was the legal and proximate

cause of injury to the plaintiffThe 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.

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.

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.

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.

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.

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 areWhat - they come forWhen - they comeWhy - they come to youWhere - they come from

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.

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.

Elements and Performance Criteria Identify customers to whom service may be refusedPrepare and serve alcoholic beverages responsiblyAssist customers to drink within appropriate limitsAssist alcohol affected customers