In every Australian state there are laws that govern the serving of alcohol and what is required to refuse alcohol to an intoxicated person. They are designed to minimise the potential harm alcohol can cause, and ensure all patrons have a safe and enjoyable experience, wherever they may be. Show
As an employee who sells alcohol to customers, it is your responsibility to ensure you abide by your state�s Responsible Service of Alcohol (RSA) legislation. If you don�t, and are found to have breached RSA laws, you can be fined along with the licensed premises you work for. While each state is in control of its own RSA laws, having a duty of care by taking all reasonable steps to provide a safe environment for patrons and staff is the general theme. This means not allowing drunk or disorderly people into licensed premises, not serving anyone underage, and to refuse serving alcohol to people who are intoxicated.  What strategies can I use to refuse serving alcohol to someone?For many people, the thought of refusing service of alcohol to a patron can cause a level of anxiety and stress. Patrons can become agitated if they are refused service, and in some instances, the situation has the potential to escalate into aggression and violence. However there are ways to approach the situation that will ensure you are covered legally, and reduce the chances of the situation becoming dangerous. 1. Early intervention� � Be aware of your surroundings, and take note of people who are heading towards intoxication. Subtly and tactfully inform them they will be refused service if their behaviour deteriorates, and they could be asked to leave. 2. Seek assistance � Before approaching any intoxicated patron, seek approval and assistance from your manager and security staff. This will ensure you are covered should anything go wrong, and if it�s your first time in a situation like this, provide you with guidance so you learn how to deal with them in the future. 3. Be patient and polite � Confidently but politely inform the patron that you can no longer serve them alcohol. Don�t call them names, stay calm and don�t raise your voice. To reinforce the point, you should:
4. Don�t delay � If you decide they�ve had enough alcohol, don�t delay your decision to refuse serving them alcohol. Don�t let them finish their drink hoping they will then leave of their own accord, or giving them one last drink. This is not compliant with RSA legislation and you could be held legally accountable. 5. Offer them a drink and an olive branch � Ask them if they would like a non-alcoholic to drink, and reassure them that you will be happy to serve them again in the future (unless they are a repeat offender). 6. Offer assistance � Ask them if they�d like you to call a friend or taxi to get them home. The friendlier you are, and the more supportive you are, the less likely they are to get angry and become aggressive. 7. Ensure the patron leaves within a reasonable period of time � Once a patron becomes intoxicated they must leave the premises and not be allowed back in. While they may have accepted your offer of a non-alcoholic drink, they will still need to leave. It�s your responsibility to ensure they leave safely and do not loiter outside. 8. Keep a record of the incident �� Once the patron has been safely removed from the premises, record the details of what happened in writing. This should include the reasons for refusal of service, what was said by everyone involved, what actions were taken, and if there was any aggressive behaviour. Once you�ve written down the details, ensure management witnesses and signs off on it. If you refuse serving of alcohol, all parties have rights to be respectedAs long as you�re confident in your reasons for refusing service of alcohol, and those reasons are not discriminatory in any way, you have the right to continue with the course of action you�ve decided to take. However, you must be aware that the patron also has rights, and can take the matter to the state�s anti-discrimination commission if they think they�ve been treated unfairly because of their sex, religion, race, or any other form of discrimination. When you start working at a licensed premises, seek out the venue�s refusal to serve alcohol policy and study it. Knowing how to manage these situations before they occur will ensure you have the best chance of securing a positive outcome for everyone involved. Complete your RSA course (SITHFAB201 – Provide Responsible Service of Alcohol)�online now and obtain your competency card without delay!
Many people have concerns about the possible misuse of personal information. They worry that stored personal information could be hacked, stolen or inappropriately accessed or misused, causing harm through financial, credit card or identity fraud. Licensees should ensure that they only collect the information that is necessary to implement the multi-venue barring policy, this helps to lower the risk of privacy complaints being lodged. It is a matter for each licensee to determine their privacy obligations and each licensee must ensure they comply with State and Federal privacy laws. We strongly recommend that an accord or licensee seeks independent legal advice before implementing a barring system. NSW Privacy and Personal Information Protection Act 1998 (PPIPA): individual licensees are not bound by PPIPA and may collect, use and disclose personal information without breaching its terms. The NSW Police Force is also exempt from compliance with the PPIPA, except in relation to its administrative and educative functions. This means that a licensee who is a member of a local liquor accord that bars a person from the venue may share the name of the person and a photograph with other licensees who are part of that liquor accord, without breaching the PPIPA (note that however, Commonwealth law may apply). PPIPA does apply to public sector agencies such as the Secretary of the NSW Department of Customer Service and local councils, who are eligible to be part of an accord. It is recommended licensees exclude these agencies from personal information about barred persons. Commonwealth Privacy Act 1988: Whilst NSW privacy laws are not generally applicable, some licensees may have obligations under the Commonwealth Privacy Act 1988. Under the Privacy Act, licensees with a turnover of more than $3 million are required to comply with the Australian Privacy Principles (APP) that restrict the collection and disclosure of personal information (Schedule 1 to the Act). Particularly relevant, under APP 6, an organisation is prohibited from using or disclosing personal information about an individual for a purpose other than the primary purpose of collection. Where a multi-venue barring policy is in place, venues may be able to use and disclose an individual’s details provided that the information was primarily collected in order to implement this policy. To remove any doubt, and to comply with other aspects of the APPs, patrons should be informed of this at the time of collection. It is up to each individual licensee to assess whether they are required to comply with the APPs and, if so, to determine what steps need to be taken in this regard. There is also nothing to prevent accord members agreeing that measures be taken to protect the privacy of the barred person, even if those measures are not legally required. Tips for complying with the Privacy Act
In restaurants and near cash registers, we’ve all seen signs that state: “We reserve the right to refuse service to anyone.” But who can business owners really refuse service to? It’s certainly not just anyone. Here’s a breakdown of what is and isn’t covered by this familiar phrase. Sign available at MyDoorSign. Can business owners really refuse service to anyone?Under federal anti-discrimination laws, businesses can refuse service to any person for any reason, unless the business is discriminating against a protected class. At the national level, protected classes include:
Some states, like California, have more protected classes than the federal baseline. In addition to the above factors, California adds:
Contact your state attorney general or consult a lawyer for details on how your state handles its particular antidiscrimination law. So who can businesses refuse service to?These signs also don’t allow business owners to refuse service based on arbitrary reasons outside of the protected classes (though pointing out signs to cries of “No fair!” might avoid any further action on the part of spurned patrons). Instead, reasons must be legitimate enough to hold up in court. In general, refusal of service is justified in cases where a customer’s presence interferes with the safety and well-being of other patrons and the establishment itself. The most basic examples of this include patrons who are unreasonably rowdy, patrons lacking adequate hygiene, and those accompanied by large groups of non-customers. Whether it’s coming from the Fonz or anyone else, these signs are fair. From Daniel X. O’Neil. Or consider this more nuanced example: In 2001, a California court ruled that a motorcycle club had no discrimination claim against a sports bar that denied members entry because they were wearing their club colors. The sports bar wasn’t denying the club members entry because they didn’t like their logo, but because management thought that allowing the colors to be worn could lead to fights with rival clubs inside the bar. Though no such fight had ever occurred, preventing hypothetical violence is considered a legitimate business interest. And what about those “No shirt, no shoes, no service” signs?If a business owner determines that lack of shoes or shirt poses a danger to the patron or other customers, or if it’s merely enough to make others uncomfortable, this sign is both legal and completely justified. When such signs go beyond these more traditional clothing requirements or are geared toward a specific group, they’re bound to be controversial. In Brooklyn, Ultra-Orthodox Jewish businesses came under fire for posting modesty signs stating, “No shorts, no barefoot, no sleeveless, no low cut neckline allowed in this store.” The city sued the group of stores located along a two-block stretch of a Satmar Hasidic section of Williamsburg saying, “It seems pretty clear that it’s geared toward women dressing modestly if they choose to come into the store, and that would be discrimination.” Hasidic advocates said that the signs were no different than dress codes at places like the Four Seasons. But allowing grocery and hardware stores to set the same standards as upscale restaurants and private clubs isn’t entirely logical, whether or not it’s legal. Door policies at nightclubs seem pretty discriminatory. How do they get away with it?While it can be unlawful to refuse service, it is not unlawful for most businesses to provide discounts based on certain characteristics in order to attract the desired clientele. This is why a club that overtly denied admittance to anyone but Koreans was fined $20,000 this year, but anti-feminist attorney Roy Den Hollander, who has been crusading against “Ladies’ Nights,” has been shot down since he started bringing suits to court in 2010. Many club-goers may be familiar with long waits and seemingly discriminatory door policies. From sax m. Unfortunately, while it’s no mystery that clubs discriminate based on both gender and physical appearance, changes in this policy are unlikely to come about anytime soon. By enacting strict door policies, nightclubs aim to create an environment that best fits its image and, it follows, best for business. Gay bars, for example, can argue that too many straight people of the opposite sex will make patrons uncomfortable and hurt business, while the clubs that Hollander sued might claim that they give discounts to women to draw the men that bring in the most profits. Plus, doormen and bouncers can cite a number of reasons to deny access—from an imaginary guest list to the wrong shoes—making it difficult to prove legitimate discrimination. Like this topic? Check out our related products:
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What is the most valid reason for refusing service to a patron?
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