the liquor licensing process and responsible
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THE LIQUOR LICENSING PROCESS AND RESPONSIBLE MANAGEMENT OF LICENSED PREMISES Introduction This text is designed to assist people applying for Liquor Licences or Manager’s Certificates and to provide guidelines for the responsible management of licensed premises. CONTENTS The Sale of Liquor Act 1989 … … … … … … … page 1 Types of Licence … … … … … … … … page 2 Authority Structure … … … … … … … … page 3 The Licensing Process … … … … … … … … page 5 The Licence … … … … … … … … … page 8 Renewals … … … … … … … … … page 9 Management of Licensed Premises … … … … … … page 10 Types of Manager’s Certificates… … … … … … … page 11 … … … … … … … page 11 … … … … … … … page 11 … … … … … … page 12 Responsibilities & Obligations of the Duty Manager … … … … page 13 Offences & Penalties … … … … … … … … page 16 … … … … … … … … page 17 … … … page 19 The Certification Process Renewals … … Temporary and Acting Managers… Other Legislation Other Agencies with Right of Entry onto Licensed Premises … … … … … … page 20 The Host Responsibility Policy … … … … … … page 21 Host Responsibility in Practice … … … … … … … page 23 The Toxicity of Alcohol … … … … … … … … page 25 Consumption Rate … … … … … … … … page 27 Absorption Rate … … … … … … … … page 28 Processing Rate … … … … … … … … page 29 … … … … … … … … page 30 … … … … … … … … page 33 … … page 34 Host Responsibility Intoxication … Server Intervention … … Legal Requirements for Alcohol Service & Consumption Revisited 1 THE SALE OF LIQUOR ACT 1989 The 1989 Sale of Liquor Act was a vast change from previous liquor legislation in New Zealand. It had previously been very difficult to get a liquor licence and there were restrictions to hours and whether a bar was a “public” bar or not etc. Now, it is relatively easy to get a liquor licence – and it is also easy to have one taken away from you if the Act is not complied with. The Sale of Liquor Act places a huge responsibility for patron health and safety on the Licensee and the Duty Manager who is acting for him/her, by way of requiring management of drinking practices and behaviour of patrons. The 1989 Act has undergone major changes following the Amendment Act in 1999. Many of these amendments came into force on or before the 1st December 1999. Further changes came into operation from 1st April 2000. The major changes have been: Lowering the drinking age to 18 years The provision of Sunday trading Permitting supermarkets to sell beer Doubling of the fines for offences Introduction of the evidence of age document Increased requirements regarding Host Responsibility Granting of licences by District Agencies Objective The objective of the Act is to establish a reasonable system of control over the sale and supply of liquor to the public, with the aim of contributing to the reduction of liquor abuse, so far as can be achieved by legislative means. Application This applies to any sale of liquor of greater than 1.15% alcohol/vol to the public. But not to: Wholesalers and distributors Perfumeries Pharmaceuticals Private homes Home stays of less than 10 guests The House of Representatives, Police, Armed Forces, Penal Institutions and Fire Service canteens Principle The underlying principle of the Act is that the sale of liquor to the public requires a licence. The Liquor Licensing Authority have decreed: “a liquor licence is a privilege not a right”. 2 TYPES OF LICENCE On An ON licence is required for sale and supply of alcohol for consumption on the premise. These may be Hotel, Tavern, Restaurant, Entertainment venue (nightclub) or Conveyance (e.g. for a charter fishing boat) types of On licence. A restaurant may choose to have a BYO only licence, which allows the consumption of liquor on the premise but not its sale. Off An OFF licence is required for the sale and delivery of alcohol for consumption off the premise. These may be Bottle Store, Supermarket, Over the Counter Sales or Club types of Off licence. A Club Off licence restricts who sales may be made to – see later in this chapter. A sports club cannot hold an Off licence. A caterer wishing to cater alcohol as well as food must also hold a caterer’s Off licence. An Auctioneer wishing to sell alcohol at an auction must hold an auctioneer’s Off licence. Club A Club must hold a club licence for the sale and supply of alcohol for consumption on the club premises. A club cannot hold an On licence. Clubs are restricted as to whom they may sell alcohol to. A club holding a permanent charter granted under old licensing acts is entitled to sell and supply liquor in accordance with their own charter to their own members without the need for a club licence. They are still liable to other requirements of the Sale of Liquor Act 1989. Special A Special licence can be sought for sale and supply of alcohol for consumption on or off the premise to any person attending the event or series of events covered by the licence. It can be for any occasion or event or series of occasions or events in respect of any sort of premise or conveyance. There are two types of Special licence. A Special licence sought under section 73 of the Act allows a usually unlicensed premise to sell and supply liquor for consumption on the premise for that occasion or event, such as for a community hall. One sought under section 74 of the Act allows already licensed premises to override or extend the usual conditions of their existing licence. For example: To extend the hours of operation for that event or occasion To extend the floor plan of the premise for that occasion or event 3 To change the designation of the premise for that occasion or event To change whom they are authorised to sell to for that occasion or event However, a Special licence is not to be used simply to get round existing conditions. It must be for some sort of social gathering other than that which the licence is usually for. Since April 2000 it has also been possible for a Special licence to permit the sale of liquor for consumption off the premise – for example, so that a winery can sell wine at a home show or similar event. Temporary Authority There is also another way to sell and supply liquor temporarily, without a licence. If you are taking over a licensed premise, you can apply for a Temporary Authority to operate under the existing base licence until your own On or Off licence is determined. This authorises you to operate only under the conditions of that licence, and only for a period of three months. (Don’t confuse this with the Temporary Manager mentioned later) AUTHORITY STRUCTURE LLA WELLINGTON COMMITTEE The Act authorised the establishment of the Liquor Licensing Authority or LLA. They have the overall responsibility for liquor licensing. They consist of up to 4 people, with the chairperson being a District Court Judge. It is a National body set up within the Tribunals Division of the Justice Department, in Wellington. They are responsible for determining the following: Opposed applications for new or renewal of On, Off, and Club licences and Manager’s Certificates Cancellation or suspension of licences and certificates Appeals of DLA decisions Opposed applications for variation of conditions These would be determined at an LLA hearing at which the applicants have the opportunity to defend themselves against the objection. They will also give direction to the DLAs as instruction or give an opinion such as when a court case precedent has set an example of how a certain matter should be dealt with. 4 DLA LOCAL COMMITTEE Each Local Authority – that is, City or District Council (not Regional Councils) is the District Licensing Agency or DLA for that area. They are the district agents for the LLA. Some or all of the Councillors will be on the DLA committee and they will make a policy on how they will apply the Act and may hold hearings about contentious decisions. The DLA has the authority to determine the following: Unopposed applications for new and renewal of On, Off or Club licences and Manager’s Certificates and Special licences and Temporary Authorities. Conducting enquires and making reports to the LLA If Special licences or Temporary Authorities have been objected to, the decision will be made at a DLA hearing, where the applicants have the opportunity to defend themselves against the objection. Liquor Licensing Inspector The DLA appoint at least one Liquor Licensing Inspector who receives information relevant to the applications, processes them and reports to the DLA with recommendations for determination. The Liquor Licensing Inspector is required to inquire into and report on new and renewal applications for licences and Manager’s Certificates and to inspect licensed premises to monitor compliance with the Act and conditions of licence and report to the DLA or LLA. The Liquor Licensing Inspector has right of entry onto any licensed premise at any reasonable time – i.e. if the premise is open for business, and can require to see any relevant documents needed to complete their duties, but they must show their warrant to gain entry. They can also recommend variations of conditions on a licence if a change in practice is sought, and can apply to the LLA for a suspension or cancellation of any licence or Manager’s Certificate. Police MOH The Police also have a statutory role under the Act to inquire into and report on all applications and to monitor licensed premises to ensure compliance with the Act and conditions of the licence and to report to the DLA or LLA. The police also have right of entry onto licensed premises at any reasonable time and the right to see any relevant documents. They can seize liquor, close the premise in the case of rioting and can apply to the LLA for a suspension or cancellation of a licence or certificate. They must advise the LLA or DLA of any conviction of the Licensee or manager of a related offence. They now have powers to issue infringement notices to minors caught in a restricted area or drinking in public. The Medical Officer of Health, or MOH (from the Ministry of Health) also has a statutory role as a reporting agency, but have no 5 enforcement authority. A Health Promotion adviser of the Public Health Service will usually represent the MOH in reporting on liquor licence applications. They are mainly interested in how the way the premise operates is affecting the public health of the community and are thus most interested in the Host Responsibility Policy of the premise. They also have the authority to close a licensed premise for health reasons through the Health or Food Acts. THE LICENSING PROCESS Application procedure Applications for licences are required to be lodged with the DLA on a prescribed form as set out in the Sale of Liquor Regulations. A fee, also set by the Regulations is required for each application. For On, Off and Club licences, public notification in a newspaper of the DLA’s choice is also required to give the public an opportunity to object to the application, under certain conditions. The first notice must be lodged within 20 working days of the application being made. A second one must be lodged between 5 and 10 days after the first one. A copy of the notice is also to be clearly displayed at the premises. The public notifications will need to be given to the DLA to support the application. Certain information is required to accompany the application, to provide evidence that the criteria to be considered in assessing the licence are met. Criteria Criteria are matters given in the application by which the reporting agencies determine that the applicant is likely to practice in accordance with the Act and what they should be authorised to do and what conditions should be imposed to control sale and supply of liquor. The criteria considered are: Suitability of the applicant to hold the responsibility. Legal entities that can hold a liquor licence include: - An individual over 20 years of age - A company - A partnership - A club committee (for a club licence) - A licensing trust - A Local Authority - A government agency - A trustee - A manager acting under the Protection of Personal & Property Rights Act 1988 Management of the premise Hours of operation requested Designation of areas Provision of food and low & non-alcoholic drinks Provision of transport options 6 Other Host Responsibility practices Strategies to prevent sales to prohibited persons Note: Host Responsibility provisions are not required for Off licences as there is no consumption on the premises. To make these determinations, the reporting agencies require the following information to accompany the application: Copies of the application Certificate of incorporation – if the applicant is a company Property order – where necessary Club constitution – if the applicant is a club A photograph of the premise A map showing the premise location Scale plans of the premise showing the principle entrance, facilities and area designations if relevant A letter of permission from the landlord A copy of the tenancy agreement showing the terms of tenure A Host Responsibility Policy A menu A management plan Application for a Certificate of Compliance with the Resource Management Act 1991 and the Building Act 2004. Copies of the application and relevant accompanying information are sent to the Police, Licensing Inspector and MOH (depending on the licence type) for them to enquire into and report on the application. They will report to the DLA recommending either objection or not, to the granting of the licence – as follows: LICENCE TYPE REPORTING AGENCY ON POLICE LICENSING INSPECTOR MOH OFF POLICE LICENSING INSPECTOR CLUB POLICE LICENSING INSPECTOR MOH SPECIAL POLICE LICENSING INSPECTOR TEMPORARY AUTHORITY POLICE If there are no objections by any of the reporting agencies or the public, the DLA will make the determination to grant the licence. If there are any objections, applications for On, Off or Club licences are forwarded to the LLA for determination at a hearing; Special licences and Temporary Authorities are determined by the DLA at a hearing. 7 Due to these reporting requirements, processing liquor licences takes approximately one month. It can take much longer if there are objections. Be sure you allow this time before you expect to start your business. You cannot commence trading before your licence has been issued. SUMMARY SO FAR APPLY FOR LICENCE Showing evidence of criteria required to be met and making public notification of application for On, Off or Club licences INVESTIGATION OF ENTITLEMENT MADE BY REPORTING OFFICERS Police – all licence types Licensing Inspector – all license types MOH – On and Club licences only REPORTING OFFICERS MAKE RECOMMENDATION TO DLA To grant or in objection PUBLIC MAY MAKE OBJECTION UNDER CERTAIN GROUNDS DLA DETERMINE LICENCE TO BE GRANTED If there have been no objections by reporting officers or public OR APPLICATION GOES TO LLA FOR TRIBUNAL HEARING If there have been objections in the case of On, Off or Club licences or Manager's certificates OR APPLICATION GOES TO DLA HEARING If there have been objections in the case of a Special Licence or Temporary Authority LICENCE IS GRANTED OR REFUSED 8 THE LICENCE If granted, the licence certificate is then made up according to the layout prescribed in the Regulations, including the following sections: Authorisations Authorisations is the “what” and “who to” of the licence. It will say something like: “John Brown is authorised to sell and supply liquor to any persons on the premise known as “John’s Place” situated at 2 Smith Street.” There used to be different categories of people to whom a Licensee was authorised to sell. These were: Persons present for the purposes of dining Persons present for the purposes of entertainment Persons residing on the premise Mostly these have gone now, but may still be seen on some old licences or in the conditions section of some new licences. For example; hotels have particular conditions relating to the hours of operation, as they are effectively able to supply accommodation guests 24 hours a day, but will have limited hours for sale and supply to public patrons. Clubs are only authorised to sell to: Club members Their accompanied guests Members of affiliated clubs with reciprocal visiting rights Conditions Conditions are the “how” this may be allowed to occur – the limitations on the sale. These will differ to some degree depending on the licence type and the considered risk of excessive consumption or adverse effect upon the general public. For instance, a nightclub would tend to have stricter conditions than a family restaurant. Conditions are likely to include the following: Provision of food * Provision of low and non-alcoholic drinks Provision of transport options * Hours of opening and restricted days Designation of areas Strategy to prevent sales to prohibited persons Requirement for a Host Responsibility Policy * Signage *except Off licences Clubs will also have extra conditions: Appointing a secretary Notifying the DLA if the secretary changes Proceeds from the sale of alcohol goes to the club 9 RENEWALS If a licence application is determined favourably, it is granted for an initial probationary period of 1 year. Then it comes due for renewal. Although many DLAs will remind you of renewal times and send renewal application forms, it is not their obligation to do so. The duty to renew a licence belongs to the Licensee. It is essential to lodge a renewal application before the licence expires or you may find yourself operating without a licence (see the penalties section later). The renewal procedure is very similar to the application procedure. The appropriate forms can be obtained from your DLA and must be lodged with the accompanying fee. There will however, be less other information to provide at renewal. Public notification will be required at renewal, as at application, but public notification of a renewal must be within 10 working days of the application being lodged. Criteria The same reporting procedures apply and the renewal will be determined the same way as an application. Criteria to be considered for renewal are: The suitability of the Licensee The conditions attached to the licence The manner in which the Licensee has conducted the sale and supply of liquor If determined favourably, the renewal will be granted for a period of 3 years. Variations At renewal, the Licensee may apply to have the conditions of the licence varied, if for example, he/she wants to change the floor plan, area designation, hours of operation etc. These changes must be reflected in the public notification to give the opportunity for public objection. The Licensee can apply for a variation of conditions of the licence at any other time also, but this process is as if it was a renewal and therefore incurs the same cost. Similarly, the DLA or LLA can impose changes of conditions if the original ones have not been complied with. For example, if the Licensee has been caught with too many minors on the premises, the Licensing Inspector or Police may recommend a change to a stricter area designation to prevent continuation of the problem. If the Licensee agrees to these variations the renewal may still be determined by the DLA. However, if the Licensee objects, the renewal will be determined at an LLA hearing where there is the chance to defend the position. As a form of penalty, the LLA can also choose, on the recommendation of the Police or Licensing Inspector, to renew the licence for a period of time shorter than 3 years, whereby renewal costs will be incurred much sooner. 10 Suspension of Cancellation If the licensed premise has been conducted in breach of any of the provisions of the Act or of the conditions of licence or otherwise in any improper manner: OR If the conduct of the Licensee is such as to show that he or she is not a suitable person to hold the licence OR If the licensed premise is being used in a disorderly manner so as to be obnoxious to neighbouring land users or the public: The Licensing Inspector or Police can apply to the LLA for the licence to be suspended or cancelled or to have any conditions varied or revoked. Also, if, at any time, the Licensee is convicted of any of the four most serious offences under the Sale of Liquor Act : Sale and supply to a minor Sale and supply to an intoxicated person Allowing a person to become intoxicated Unauthorised sale and supply The Police can immediately apply to the LLA to suspend or cancel the licence, as their suitability to hold a licence is now in serious doubt. This penalty is on top of whatever the conviction penalty was. MANAGEMENT OF LICENSED PREMISES On and Off licensed premises must have a Bar Manager on duty at all times. Clubs must have such a manager available. Other than for special circumstances, Duty Bar Managers must be certified as such and suitably qualified. A recent amendment to Sale of Liquor legislation has brought in the requirement for Certified Bar Managers to have a Licence Controller Qualification certificate (LCQ). To obtain an LCQ, the applicant must have a Record Of Learning (ROL) from the NZ Qualifications Authority (NZQA) showing they have completed the NZQA units 4646 and 16705; or a satisfactory pass mark on a Transition Test, if earlier training was not NZQA units. Detailed information can be found on the Hospitality Standards Institute (HSI) website www.hsi.co.nz., or call your Liquor Licensing Inspector at the Council. Be sure when you enrol in a training course that it is these NZQA units and that you “hook on” to the NZQA so that your training is recorded. Keep this record of learning as well as the certificate from the training provider. You will also need to keep your LCQ and Manager’s Certificates, when you get them, in a safe place. You only get one original. 11 TYPES OF BAR MANAGER’S CERTIFICATE General A General Bar Manager can be the Duty Manager in any type of licensed premise. Club A Club Bar Manager can only be the Duty Manager in a Club. THE CERTIFICATION PROCESS Application Procedure Criteria Applications for Manager’s Certificates are required to be lodged with the DLA on a prescribed form as set out in the Regulations. A fee, also set by the Regulations is required for each application. No public notification is required for Manager’s Certificates. Certain information is required to accompany the application, to provide evidence that the criteria to be considered in assessing the Certificate are met (such as the LCQ to verify training). Criteria are matters given in the application by which the reporting agencies determine that the applicant is likely to practice in accordance with the Act. The criteria considered are: Character and reputation Training and experience Convictions Matters relating to other reports Involvement in the club (in the case of a Club Manager) NOTE: there is no minimum age limit for Manager’s Certificates Copies of the application and relevant accompanying information are sent to the Police and Licensing Inspector for them to inquire into and report on the application. They will report to the DLA either objecting or not objecting to the granting of the Certificate – as follows: If there are no objections by either of the reporting agencies, the DLA will make the determination to grant the Certificate. If there are any objections, applications are forwarded to the LLA for determination at a hearing. Again, the processing time is approximately one month. RENEWALS If a Certificate application is determined favourably, it is granted for an initial probationary period of 1 year. Then it comes due for renewal. Although many DLAs will remind you of renewal times and send renewal application forms, it is not their obligation to do so. The duty to renew a Certificate belongs to the Manager. It is essential to lodge a renewal application before the Certificate expires or you may find yourself having to repeat or update the training requirements of the Certificate. 12 The renewal procedure is very similar to the application procedure. The appropriate forms can be obtained from your DLA and must be lodged with the accompanying fee. There will however, be less other information to provide at renewal. Criteria The same reporting procedures apply and the renewal will be determined the same way as an application. Criteria to be considered for renewal are: The character and reputation of the Manager Any convictions since the certificate was last issued or renewed The manner in which the Manager has managed the sale and supply of liquor If determined favourably, the renewal will be granted for a period of 3 years. Variations As a form of penalty, the LLA can choose, on the recommendation of the Police or Licensing Inspector, to renew the certificate for a period of time shorter than 3 years, whereby renewal costs will be incurred much sooner. Be sure the licensee officially notifies the appointment of any new manager to the LLA , DLA and Police. Failure to do so can lead to any sale by that manager being deemed unauthorised, and the licensee liable to offence. See the penalties section later in the book. Suspension & Cancellation If the manager has failed to conduct the premise in a proper manner; OR The conduct of the Manager is such as to show that he or she is not a suitable person to hold the Certificate; The Licensing Inspector or Police can apply to the LLA for the Certificate to be suspended or cancelled. Also, if, at any time, the Manager is convicted of any of the four most serious offences under the Sale of Liquor Act : Sale and supply to a minor Sale and supply to an intoxicated person Allowing a person to become intoxicated Unauthorised sale and supply The Police can immediately apply to the LLA to suspend or cancel the Certificate, as their suitability to hold a certificate is now in serious doubt. This penalty is on top of whatever the conviction penalty was. TEMPORARY AND ACTING MANAGERS Temporary Manager In the case of an emergency, when no Certified Manager is available, the Licensee can appoint any staff member capable of doing the job, as a Temporary Manager. However, if the situation lasts longer than 48 hours, that person must lodge an application for a Manager’s 13 Certificate with the DLA. They can then continue as a Temporary Manager until their Certificate is granted. (Don’t confuse these with Temporary Authorities mentioned earlier) Acting Manager In the case of a situation when no Certified Manager is available for a short definite time, the Licensee can appoint any staff member capable of doing the job, as an Acting Manager for up to 3 weeks at a time but for no longer than 6 weeks in one year. An Acting Manager does not have to apply for a certificate. The Licensee must notify the Police, DLA and LLA, in writing, of the appointment of any Temporary or Acting Manager after 48 hours and the Police, DLA and LLA have the right of objection to that appointment. The Temporary and Acting Manager has the same responsibilities, obligations and liabilities as a Certified Manager. RESPONSIBILITIES AND OBLIGATIONS OF THE DUTY MANAGER At any time a licensed premise is open, there must be an appointed Certified, Temporary or Acting Bar Manager on duty and in control of compliance with and enforcement of the provisions of the Act and the conditions of the licence and the conduct of the premise with the aim of contributing to the reduction of liquor abuse. On duty doesn’t specifically mean on the premises, but it does mean in control and responsible for sale and supply. So at quiet times you may be in the back office, on the toilet or at the bank for example, but if you are found to be away too long there is the risk of an offence being committed. Conditions Firstly, the Duty Manager is responsible for ensuring that the conditions on the licence are complied with. These will vary from licence to licence but are likely to include some version of the following: Food A substantial range of snack food meals must be available and promoted at any time an On, Club or Special licence is in operation. This includes such foods as nachos, pizzas, pies etc. Chippies and nuts will not be sufficient to meet these criteria. The food must be as obviously available as any liquor. Obviously, the requirement for a restaurant is greater as their principle purpose is the sale of food. If the main kitchen closes during the evening, some food preparation facilities must still be available for making snack meals of some sort. This is not a requirement for Off licences. Low and non-alcoholic drinks It is a condition of every licence type that a reasonable range of low and non-alcoholic drinks be available and promoted at any licensed premise. These options must be as obviously available as any liquor. You may want to have special deals for designated drivers or establish a “buddy system” for people who are assisting with transporting drinkers to avoid drink driving. 14 Transport Options Transport options to assist patrons in avoiding drink driving must be available and promoted at any time an On, Club, or Special licence is in operation. This could be a courtesy van, a free taxi phone or the display of business card of a "dial a driver" scheme. Hours of operation All licenses will have restricted hours of operation on them concurrent with the local DLA policy. For instance; in some cities, 24 hour licences are available, in others, licences are limited to certain hours. In South Taranaki most On licences are limited to a maximum of 7am to 2am the following day. Some licences may be even more restricted. For example, if they are operating under a Resource Consent with conditions limiting hours further. Regardless of the hours of operation, a licensed premise is deemed to be a licensed premise 24 hours a day. That means that you cannot have "private functions" on a licensed premise after hours without the need for a Special licence. Sale and supply of liquor and being on licensed premises after the hours of operation are serious offences. Restricted days Hotel and tavern style On licences may not sell or supply liquor to any person unless that person is on the premise for the purpose of dining, or is an accommodation guest of the Hotel; AND Off licences may not open for business on any of the following days: Christmas Day Good Friday Easter Sunday ANZAC Day up until 1pm (a restaurant will already be only serving to persons on the premise for the purposes of dining and an entertainment style licence will only be serving to persons who are on the premise for the purposes of entertainment.) These restricted days begin at midnight. So for example, where you might usually be licensed to 2am, on the Thursday before Good Friday you must close at midnight. This obviously applies to the other restricted days also. Designation of areas Certain types of licence may be designated with certain restrictions as to whom can be present there. For instance: In an undesignated area, persons of any age not otherwise prohibited may be present. In a supervised area, persons of less than 18 years may only be present if accompanied by their parent or legal guardian. In a restricted area, no person under the age of 18 years may be present at all. Liquor sales staff of less than 18 years of age may be employed in an undesignated or supervised area but not a restricted area. 15 Entertainment staff must always be of over 18 years regardless of the designation. Prohibited people By definition, prohibited people under the conditions of the Act are: Minors - persons under the age of 18 years The only approved proof of age documents are: - A New Zealand photo driver's licence - A passport - A HANZ 18+ card Intoxicated persons Unauthorised persons - that is, any person to whom you are not authorised to sell or supply liquor under the authorisations section of the licences or any of the conditions of the licence. For example: a non-club member or anyone after hours. There may also be other people who are effectively prohibited, but don't legally come under the definition of prohibited persons. These are people whom you have banned under the Trespass Act, and persons demonstrating insulting, violent or abusive behaviour, as this is an offence. Host Responsibility It is a requirement of any On, Club or possibly Special Licence to have in place a Host Responsibility Policy to contribute to the reduction in liquor abuse. This subject will be covered in depth in the second half of this text , but the basic inclusions in a Host Responsibility Policy are: Provision of food Provision of low and non-alcoholic drinks Transport options A strategy to prevent sales to prohibited people A strategy to ensure a safe drinking environment Signage Although you may have many different types of signage at your licensed premise, there are certain signs which you must have and certain places they must be, to comply with the Act. They are: The licence - this must be situated in the principle entrance. Duty manager's name - to be prominently displayed. The hours of operation – these must be visible from outside the premise. Availability of Host Responsibility provisions which includes promotion of safe drinking environment - to be prominently displayed. Instructions regarding prohibited persons - to be prominently displayed. 16 The Act There are offences in the Act that may not be specified in the conditions of the licence but which are still the responsibility of the Duty Manager to control. These include: OFFENCES AND PENALTIES Sale or supply of liquor from unlicensed premises 3 months prison & Sale or supply of liquor by an unlicensed occupier 3 months prison & Allowing a premise to be used as a place of resort for consumption of liquor Unauthorised supply of liquor Licensee or Manager 7 days loss of licence & This may be sale or supply to persons unauthorised by the licence or sale outside the licensed hours Allowing people other than staff onto premises outside the licensed hours PENALTY $ 40,000 PENALTY $ 40,000 PENALTY $ 20,000 PENALTY $ 20,000 PENALTY $ 10,000 Sale of liquor to minors (under 18 years) Licensee or Manager 7 days loss of licence & PENALTY $ 10,000 Any other server PENALTY $ 2,000 Minors may not be legally allowed on the premise depending on the designation on the licence. Permitting minors to be in a restricted area Licensee or Manager PENALTY $ 2,000 (unless they are staff employed other than for the sale and supply of liquor) Permitting minors to be in a supervised area unaccompanied by a parent or legal guardian. Licensee or Manager PENALTY $ 2,000 (unless they are staff) Anyone is allowed in an undesignated area, but a minor may only consume liquor if it has been supplied by their parent or legal guardian. Sale of liquor to intoxicated persons Licensee or Manager Any other server Allowing a person to become intoxicated Licensee or Manager Any other server PENALTY $ 10,000 PENALTY $ 2,000 PENALTY $ 10,000 PENALTY $ 2,000 Allowing an intoxicated person to remain on the premises PENALTY $ 4,000 Allowing insulting, disorderly or violent behaviour PENALTY $ 4,000 Promotion of excessive consumption of liquor PENALTY $ 5,000 Licensee failing to appoint a Duty Manager or display signage PENALTY $ 5,000 Service of spirits in larger than a 500ml vessel PENALTY $ 2,000 Failure to admit a Police Officer or Licensing Inspector (or to provide required documents) PENALTY $ 2,000 17 There are also offences and penalties the customer may be liable for: Being found on a premise being used as a place of resort Being a minor purchasing liquor from an unlicensed premise Being a minor in a restricted area Being a minor in a supervised area unaccompanied by a parent or legal guardian PENALTY $ 2,000 PENALTY $ 2,000 PENALTY $ 1,000 PENALTY $ 1,000 Purchasing liquor to supply a minor who is not your child PENALTY $ 2,000 Being a minor in a restricted area, or in a supervised area unaccompanied by a parent or legal guardian, or purchasing liquor, or consuming liquor in a public place Police Infringement Notice: PENALTY $ 200 Being a minor giving false representation of age. If written: PENALTY $2000 If verbal: PENALTY $1000 It is also the duty of the Licensee and Certified Manager to ensure that all staff are aware of legal and moral responsibilities and compliance requirements so that the team functions effectively and efficiently. If you are ever unsure if you should serve a customer alcohol, then maybe you shouldn’t. You have the right of refusal of service at any time, as long as you are not breaching the Human Rights Act, explained in the next section. OTHER LEGISLATION There are other pieces of legislation that you also need to be aware of as they also relate to the running of licensed premises. Fire Safety & Evacuation of Buildings Regulations These give the requirements for when an evacuation scheme must be approved by a Fire Safety Officer. Smoke-free Environments Act This states that there is to be no smoking in any area of a licensed premise that is completely or substantially closable. Also, that the sale of tobacco products to anyone less than 18 years old is prohibited. These matters are dealt with by the District Health Board. Food Hygiene Regulations Host Responsibility requires the provision of food. This in turn brings in the requirement for registration as a food premise under these regulations. An Environmental Health Officer will make routine inspections to ensure that the required standards of food safety and hygiene are being met. There may also be bylaw requirements, e.g. re training. Hazardous Substances & New Organisms Act This controls the use and storage of things such as LPG and other gas cylinders. A Council Hazardous Substances Officer or an Independent Test Certifier may visit to check these are safe. People who handle hazardous substances are required to be approved by an Independent Test Certifier. 18 Resource Management Act Councils are required to control land use to prevent adverse effects to communities. This may lead to some licensed premises having their hours limited if they are in or near a residential zone to minimise noise etc. The RMA also restricts noise specifically. No one may allow noise of an unreasonable or excessive nature at any time of day or night. If a Council Noise Control Officer visits the licensed premise and requires that noise levels be reduced or ceased, this must be complied with to prevent seizure of the equipment or prosecution – usually of the Duty Manager. Summary Offences Act It is illegal for any person under 18 years of age to consume liquor in a public place unless accompanied by his or her parent or legal guardian. The police can now issue instant infringement notices to such minors carrying a penalty of $200. It is illegal for any person to consume liquor in any vehicle carrying passengers for reward, unless that vehicle holds a liquor licence or is exempt under the Sale of Liquor Act. Gaming Act It is illegal to give alcohol (and some other things) as a prize. Also, South Taranaki District Council has a sinking lid policy for gaming machines in our district, due for renewal May 2007. This means we will not support any new applications for poker machines. Human Rights Act This protects the rights of every person against discrimination for reasons relating to the following: Sex, which includes pregnancy and child related matters Marital and relationship status Religious belief Ethical belief Colour Race Ethnic or national origins Disability and health – physical and mental Age – except where the SOLA controls specifically Political opinion Employment status Family status Sexual orientation ANZAC Day Act Where ANZAC Day falls on any day other than a Sunday, it shall be deemed to be a Sunday up until 1 pm in the afternoon, thereby incurring any conditions that would usually apply on a Sunday until that time. Your Sunday trading restrictions should appear on your premises licence, check these to see how ANZAC day affects you. Trespass Act This gives you the right to require someone to leave and/or stay off the premises. This is what you ban people or issue a “bluey” under. It also gives some right to use reasonable force to remove someone from the premises. However, be aware of your obligations under the Human Rights Act and common assault laws. 19 Building Act This regulates things such as fire fighting systems, escape routes, plumbing and drainage & ventilation systems, general building maintenance, safety barriers, access for the disabled and occupancy loading. These matters are the building owners responsibility but as you are the one on site, you can assist in ensuring that any problems are brought to the building owner’s attention and dealt with. Heath & Safety in Employment Act This requires all occupiers of buildings to take all practicable steps to identify existing and potential hazards and eliminate, isolate or minimise the risk from them. You may be visited by an OSH inspector from the Labour Department relating to these matters. Bylaws Some areas may have Liquor Bans due to local Bylaws. These preclude the carrying or consumption of liquor in public places and may affect how you need to manage your patrons. OTHER AGENCIES WITH RIGHT OF ENTRY ON TO LICENSED PREMISES Relating to the above pieces of legislation, there are agencies other than the Police or the Licensing Inspector who have right of entry on to the licensed premise for the purpose of doing inspections under their various legislations. Fire Service Environmental Health Officer to inspect or advise regarding evacuation schemes. They also have the power to close a licensed premise in the event of risk to safety from overloading or non-complying safety measures against fire. to inspect food preparation and storage areas for compliance with the Food Hygiene Regulations relating to food safety and hygiene. OSH (Occupational Safety & Health) from the Labour Department relating to physical hazard safety. Building Inspector from the Council relating to building safety. Hazardous Substances Officer from the council or; Enforcement Officer either from OSH or on contract to OSH relating to hazardous substances Noise Control Officer on behalf of the Council for noise control 20 HOST RESPONSIBILITY Host Responsibility is the term given to the strategies that ensure you operate your premise in a responsible manner making it a comfortable, inviting and safe drinking environment. Obviously it relates more to those premises with consumption on the premise, but Off licences are also required to provide low and non-alcohol alternatives and to prevent sales to prohibited people and to have all choices as obviously available as alcohol. Previously in New Zealand, Host Responsibility was a subject that may or may not have been required to be included in consideration of Liquor Licences and Manager’s Certificates, depending on the DLA. Now, with amendments to the SOLA in 2000, Host Responsibility is a national requirement with consistent application around the country and it affects all Licensees and Duty Managers. Aim The aim of Host Responsibility is to assist servers to accept and demonstrate responsible practices when serving alcohol, as well as improving business performance. Objectives These objectives are for you as the server: To establish a responsible drinking environment. To develop competence in estimating how much a customer can consume without becoming intoxicated. To develop competence in preventing a customer from becoming intoxicated. To develop competence at intervening by refusing to serve alcohol when appropriate. The decision about whether to sell or supply alcohol to a customer should consider the effects of that sale or supply on the server, the licensee, the customer and the community as a whole. REASONS FOR HOST RESPONSIBILITY There are three main reasons why you should adopt Host Responsibility practices whole heartedly, other than just because you are legally obliged to: Risk Management By employing Host Responsibility strategies to prevent liquor abuse you can also protect yourself from conviction. This can in turn protect your business, livelihood; current and future job opportunities and bank balance by ensuring you can keep your Licence or Manager’s Certificate, have them renewed without trouble and have no trouble getting Special Licences. You can get value out of the large set up costs and high overheads of running a business and protect financial and your own health vulnerability. You also avoid: hassles of having to deal with minors and intoxicated people, having to constantly retrain new staff because others have left for more enjoyable work, losing customers due to an unenjoyable environment feeing harassed by the Authorities because you have a bad reputation 21 Customer Focus You need to keep existing customers coming back for more and spending as much as possible, and you need to constantly attract new customers – stealing them from your competition preferably. To do this you must offer more or different attractions than your competitors. People don’t go out just to drink. They can do that more cheaply at home. They go out for the other services you provide. But they will only go to you if you offer the best of what they want. Small extras may not pull in much money by themselves, but they can encourage more people to spend more money on other things. You must establish: Who your customers are and what do they want? Who are your desired new customers and how can you attract them to your premise? But don’t assume that these answers will stay the same, your approach will need to be constantly changing to match customer desire and trends of the industry. Profit Yes, you’re in the business to make money – fair enough. But you have to ensure that you can stay in business and can compete successfully in the market. Your priorities may vary depending on whether you are a Licensee or Duty Manager, but you are still relying on your professional reputation to ensure your job and/or your livelihood is protected and prosperous. You can still cater to the people who just want to drink, but you will make more money if you get them to spend money on your other choices as well as alcohol than if you are forced to close down – even if only temporarily. Remember the veto vote: if, of a group of people out drinking, one wants something else, the whole group will go where that person can get that something else. If you offer more, you will get more people, even if they don't all take up the offer of your points of difference. If you can offer more or different than your competitors, you will get their profits as well as their customers. THE HOST RESPONSIBILITY POLICY To practice Host Responsibility consistently, and as a requirement for getting a liquor licence, the Licensee will need to have developed a Host Responsibility Policy. This is a formal description and explanation of the strategies you have in place to meet your Host Responsibility obligations. It may be worded like a mission statement. It can be in any style appropriate to your premise as long as it covers the five main features of Host Responsibility: food, low and non-alcoholic alternatives, transport options, prevention of sales to prohibited people and responsible service. You can also 22 include things like dress codes, other promotions you may have, introduction to yourselves, the premise and why you’re the best place to be. It is not required to be on public display, but this is strongly advised. It is necessary that all staff are familiar with it and how to apply it. A sample Host Responsibility Policy might be something like: Welcome to the Hawera Haven Hotel. As well as providing you with the best food, wine and imported beer selection in the Taranaki Region, we, the management, have a legal obligation to ensure you sample our fare in a safe and responsible environment. Therefore, we do not serve alcohol to people under the age of 18. Please do not be offended if we ask to see ID. We cannot allow entry to anyone who appears to be intoxicated. If you arrive intoxicated, or we feel you have become intoxicated, you will be asked to leave. We are happy to help you arrange transport home. Please don't drive under the influence of alcohol. Non-alcoholic beverages are free to designated drivers and there is a telephone available should you need to call for alternate transport. We cannot serve alcohol to people showing signs of intoxication and we will not let you become intoxicated. We therefore encourage you to partake of our wonderful platters and freshly brewed specialty teas and coffees before you select your wines or beers. See the blackboard for our full range of offerings. We hope you enjoy your visit. Please come again and bring a friend! It is a tool that you can all use to: fulfil the object of the Sale of Liquor Act in relation to yourselves, the premise you work in, your customers and the community, by providing a safe drinking environment to comply with the Act and the conditions of your licence and to ensure your job is enjoyable and the business profitable. 23 HOST RESPONSIBILITY IN PRACTICE What this actually involves is providing and actively promoting the following: Food Even if your premise is not a restaurant, if you have an On Licence you must have at least a reasonable range of snack meals available at all times the premise is open for sale of alcohol. This doesn’t mean you have to have a chef and five course menu available but it must be something more substantial than chippies or peanuts. Foods such as nachos, pies, pizzas and toasted sandwiches etc. have been deemed acceptable, but the choice is yours as long as they are promoted and provided to prevent intoxication and liquor abuse. There are now many freezer to fryer and microwave snack meal options available that do not mean you have to prepare and waste food that is not purchased. Advertise your food, let your patrons know what you are offering, how much it will cost and how long the wait will be. Offer tempting nibbles to whet their appetites and interest them in ordering food. Get staff to make food suggestions to patrons: "would you like a cheese board with that?" Keep the selection simple and change options frequently rather than offering a confusing choice all at once. If snack meals are not the way you want to go, have ready made up platters of ploughman's lunches, antipasto or tapas. Remember though, as you provide food you'll also need to have a Food Premises Registration Certificate in accordance with the Food Hygiene Regulations 1974. Low & Non-alcohol Drinks You must always have low and non-alcoholic alternatives available for drivers and to pace the consumption of drinkers. Give people a choice. Advertise great coffee and real, fresh fruit juices and give water automatically. A jug of water and glasses at the bar/counter can allow customers to have a glass while they wait to be served also. In a tavern the selection must be even more varied as liquor consumption is expected to be higher. There are lots of smart sodas now, so people don’t need to lose face if they are not drinking alcohol. Or, you can make mocktails and have special deals for drivers. These options must be as obviously available as your alcohol choices. You can offer low alcohol beers or wine spritzers as an alternative and serve single nips of spirits with mixer in a tall glass. These greatly reduce the overall alcohol content of a drink. Places like HANZ and ALAC have brochures with recipes for non alcoholic cocktails freely available - just phone and they'll send them to you, or download them from their websites. 24 Transport Options You must provide some information at least about options available to customers to prevent them drink/driving. Some clubs will actually provide a courtesy vehicle and have active buddy-driver systems. These are not so easy in a pub, but you can still have a taxi phone and business cards on display for dial-a-driver schemes. Some taxi companies will offer special deals if you promote their services exclusively. Responsible Service You are required to ensure alcohol is served in a responsible manner with regard to providing a safe and comfortable drinking environment. Prevention of Sales to Prohibited People You are required to ensure the prevention of underage drinking, liquor abuse, drink driving and intoxication for the safety of the customer and the community as well as yourselves and the premise. Minors To ensure you do not sell or supply liquor to any person under the age of 18 years, you are advised to ask to see ID. It is not safe to rely on guessing someone’s age. The approved forms of ID are the New Zealand driver’s licence, a passport or a HANZ 18+ card. These all have the owner’s date of birth, photo and other details you can use to verify that the person in front of you is over 18 years of age. Other forms of ID cannot be used as a form of defence should you make an error and are facing an offence. Be sure you compare the photo with the person carefully and that the ID form appears legitimate. It is recommended that you ask for ID all the time as a form of habit, even if you have seen ID from an individual before. This provides a good example to staff, shows the customer you are serious and prevents forgetting to ask when you should. ID should be shown upon entry to the premises if possible as it is much easier to prevent entry than to remove someone. However, bar staff should not rely on door staff having checked ID as they have no legal obligation to do so, but to allow a minor to remain on the premises or to serve them has heavy penalties for the server and the Duty Manager. Unauthorised Persons For most premises, unauthorised persons are those found on the premise after hours or in the wrong designated area. Club licences specifically only authorise sale and supply of liquor to members, their accompanied guests and visiting members from affiliated clubs. Managers need to be aware at all times who is on the premises and have a solid familiarity with the conditions of the premise licence. Intoxicated Persons Determining whether a person is intoxicated is probably one of the most difficult parts of operating or managing a licensed premise. Everybody has a different definition of what is intoxication and it can be different for each person or even the same person at different times. For this reason, a whole section of the book is devoted to explaining intoxication. 25 THE TOXICITY OF ALCOHOL All alcohols are essentially toxic to humans, but most healthy humans can tolerate ethyl alcohol in small amounts. To consume more than a body can tolerate is to intoxicate that body. The only difference between a toxin and a straight out poison is the dose that causes ill effects. The Impacts of Alcohol on the Human Body Most foods are absorbed into the body via the intestinal walls. However, when alcohol is consumed, some will be absorbed through the mucus membranes of the mouth and oesophagus, some through the stomach wall and most through the intestinal wall. It is also a fairly simple molecule and requires no breaking down to pass through these walls. This leads to a much faster effect than other things consumed. Once into the blood stream the alcohol then travels around the body easily entering every cell and inflaming every organ. The first stop is the liver, which will attempt to detoxify the alcohol. If the liver is not completely successful, any remaining alcohol is free to travel around the rest of the body. Alcohol is a depressant. This means that it slows or minimises the functioning of every part of the body. These effects may be minor or major depending on the amount consumed and the length of time over a life span that alcohol has been abused. Some effects are acute and related to consumption of alcohol on one occasion. Some effects are chronic and related to prolonged excessive consumption over time. General effects on the human body include: Change in ear fluid causing a loss of balance A by-product of the metabolism of alcohol causes blushing, a feeling of warmth, headaches and increased blood pressure Increase in urinary output leading to dehydration Gastric ulcers Liver damage Any organ inflammation Developmental damage to foetuses Sterility Impotence / shrunken testicles General ill health Haemorrhoids Distorted self image The brain is especially sensitive to alcohol as it contains a lot of water, which is replaced by the alcohol. Thus the alcohol can have a very direct effect on all brain functions. If so much alcohol has been consumed that the functions of the brain stem are affected, depression of vital functions such as those of the heart and lungs can occur and coma and death can follow. 26 Alcohol Abuse Alcohol abuse includes the concept of continued use despite having problems associated with consumption. Problems can include those for the drinker, their family and/or the community. For example: health, accident, financial, employment, violence or driving crimes, family problems or quality of life type problems. It is estimated that alcohol abuse costs New Zealand about $3 billion per year for these problems (Rural Bulletin 5/2000 p21). Different Effects on Different People Age Age can affect the effects of alcohol in two ways; behaviourally and physically. Young drinkers are much more likely to binge, drinking large amounts at one time – much more than their bodies can handle. Whereas more mature drinkers are more likely to pace themselves. However, once a person becomes elderly, their body may not be functioning as efficiently as it once did, and that person will find that it takes less alcohol to get intoxicated than it did when they were younger. Gender Males have more gastric and liver enzymes to detoxify alcohol with than women, all other things being equal. Body Structure A large person, due to body structure - not just fattiness, will be able to tolerate more alcohol than a smaller framed person due to the slight dilution effect of having more body water. This can give further advantage to some men over some women. Experience/Tolerance Tolerance to alcohol (or other drugs) is a phenomenon whereby higher doses are needed to produce the effects or to prevent withdrawal symptoms. So, a regular heavy drinker may need more and more to get the “buzz” they were seeking. But also, an experienced drinker’s body learns to camouflage the behaviour related to intoxication. So, an experienced drinker may have consumed quite a lot, but not be showing much sign of intoxication. Race American Indians and Japanese men seem to have a lowered tolerance to alcohol, equivalent to that of Western Women rather than men. This is due to them having less gastric and liver enzymes, or rather, the same amount as women tend to have. Drugs The effect here depends on the drug taken: (i) Another depressant such as sleeping pills, marijuana or drugs with alcohol in them such as cough syrup, will increase the depressant effect overall. (ii) Narcotic drugs are much more complex to detoxify, so the liver will deal with the alcohol first leaving the narcotic waiting in the wings to be 27 dealt with. This delay vastly increases the potential lethal dose of the narcotic. (iii) A long time alcohol and/or drug abuser will eventually find that they become much more susceptible to the toxic effects of what they have taken. So, if they continue to take the same amounts, the toxicity level – and therefore potential harm – increases. Someone under the effects of drugs or medication as well as alcohol may undergo sudden change in behaviour, depending on the drug. They may become irrational or violent, or simply fall asleep or pass out. They may have blood-shot eyes and constricted or dilated pupils – again depending on the drug. There may be motor function failure. The body is likely to want to vomit to expel the toxins. Behavioural changes could be very varied depending on the combination, but all should be considered potentially dangerous, for the customer and/or yourself and other patrons, or the outside community. It is the job of the Duty Manager, to be able to use these factors to do something about how intoxicated customers get. Some things you can have some control over, some things you can’t - but you can still be aware of them in your decision about what to serve that person and how much to serve them over time. CONSUMPTION RATE Obviously, one of the main things about whether your customers become intoxicated that you can have an effect on is how much and how fast they drink alcohol. Factors Which Affect the Consumption Rate Alternatives Offered Environment If you offer your customers alternatives such as food and low or nonalcoholic drinks, the consumption rate of alcohol will go down and they are less likely to become intoxicated. The environment that people drink in is one of the things which can influence the problems that alcohol can cause by influencing what they drink, how much they drink, what other things they consume instead of or as well as alcohol, other activities they may do at the same time, their moods, whether they are driving home afterwards and how they behave toward you, their friends and other people in the premises or later, elsewhere. 28 If the environment is comfortable and relaxing, and there are distractions such as pool or darts or dancing to watch or participate in, customers are likely to drink more slowly, or drink thirst quenching nonalcoholic drinks. Also, something as simple as a place to put down the glass can slow down people’s consumption rate. Drinker's friends can provide an environment of peer pressure to drink hard and fast that you may need to watch out for also. Mood Service A person who intends to get intoxicated or drown their sorrows will actually absorb alcohol faster than at other times. They are also more likely to consume the alcohol faster. So, if you can improve their mood by your friendly service or attitude or by the welcoming atmosphere of the premise, you may be able to control this person’s consumption rate too. Your service style and frequency can affect all the above consumption rate factors. The customer can only drink what or as fast as you offer them. But you can also influence what they want by the way you offer your alternatives, distractions and atmosphere. ABSORPTION RATE The absorption rate of alcohol is the speed at which the alcohol passes through the stomach or intestinal linings into the blood stream. It has already been consumed, but there are still things you can do to slow down your customers becoming intoxicated by affecting the absorption rate of the alcohol into the blood. Factors Which Affect the Absorption Rate of Alcohol into the Blood Dilution If the alcohol is diluted in the stomach or intestine with food and/or non-alcoholic drinks, it will take longer to absorb through the wall linings into the blood. As far as food goes, the higher in fibre the better for alcohol dilution. Pace of Consumption Obviously, the faster the alcohol is consumed, the faster it can be absorbed. See notes above for factors which affect consumption rate. Alcohol Strength Drinks with an alcohol content of about 15–16% alcohol/volume will be absorbed the fastest. Alcohols with a lower or very high alcohol strength will be absorbed more slowly. Sugar Level Drinks with a high sugar content will be absorbed more slowly, due to the complexity of the sugar molecule. Carbonated Drinks Drinks made with carbonated mixers will be absorbed more quickly as the carbonation assists the absorption process. Someone intending to deliberately get drunk, if depressed or irate, may actually absorb alcohol faster, as the mood alters the stomach lining slightly. Mood 29 So, if you offered a single nip of spirit in a tall glass mixed with fresh fruit juice, with a plate of hot chips; the absorption of alcohol would be a lot slower than just handing over a bottle of RTD. PROCESSING RATE Once in the blood, the alcohol is free to intoxicate every cell and every organ of the body. It’s first port of call is the Liver, whose job it is to detoxify the blood. The liver recognises that alcohol is not a nutrient and therefore undesirable and begins to process it from the blood, but it can only do this at a certain rate of one standard unit of alcohol per hour. That is equivalent to 8gm or 10ml of alcohol per hour. Any more than this and the alcohol bypasses the liver to circulate freely around the body until it once again returns to the liver for another attempt at detoxification. The amount of alcohol absorbed which is greater than the amount the liver can detoxify at that time and which is therefore free to intoxicate the rest of the body is known as the BLOOD ALCOHOL CONTENT (BAC) Behavioural Changes For Increasing BAC Levels BAC (mg/100ml) STAGE EFFECTS AND SYMPTOMS More talkative, feeling of wellbeing, slightly slowed reaction times. 0-30 ANIMATION Increased self-confidence and lowered inhibitions. Loss of attention, train of thought. Impaired judgment and control. Decrease in coordination and sensory perception. 25- 75 EUPHORIA Emotional instability, loss of judgement. Decreased perception. Starting to lose coordination. Seriously impaired reaction time. Nausea or need to lie down. 60- 140 EXCITEMENT Disorientation, mental confusion and dizziness. Exaggerated emotions. Paranoia, fear, anger. Extreme difficulty with balance, very slurred speech. Sleep. 100- 175 CONFUSION 160- 225 STUPOR 220- 300 COMA Total apathy toward surroundings. Unable to mentally process. Finding standing and walking almost impossible. Vomiting, incontinence, sleep or stupor. Coma and anaesthesia. Depressed reflexes. Hypothermia. Impaired circulation and respiration. Possible death. Respiratory paralysis. Body doesn't do anything at all! 300 + DEATH 30 Factors Which Affect the BAC Amount Consumed And Pace of Consumption The amount consumed and the pace at which it was consumed are the strongest factors affecting the BAC. If the amount and rate of consumption can be processed by the liver, there will be no resulting BAC in circulation, and therefore, no intoxication. Drugs Other drugs or medications may also be intoxicating to the body and require detoxification by the liver, as discussed in the section on “different effects on different people”. See discussion under “different effects on different people”. The body of an experienced drinker will develop a tolerance to alcohol to a certain extent. It has learned how to deal with it as a familiar substance and so the liver will work harder to maintain a lower BAC. The body will not be able to keep this up for ever though. Tolerance Level of Fitness/Health A fit, healthy body and liver will be able to process alcohol more efficiently than an unfit or unhealthy one. Gender See discussion under “different effects on different people”. Thus, a woman must drink less than a man of the same weight over the same time, to maintain the same BAC as him. Drink Driving Legal Limits The legal BAC limit for a driver over 20 years of age is 80. That is: 80mg alcohol per 100ml blood. For a driver under twenty it is 30mg/100ml. These equate to breath alcohol readings of 500mcg and 150mcg alcohol per Litre of breath. Someone with a BAC of 120 would be starting to show signs of intoxication to the level where they might be called “merry”. So, you would not be able to identify if a customer was just over the legal driving limit unless you had noted how much they had had to drink and over what timeframe. An 18 – 20 year old can only consume 40% of what an over 20 year old driver can drink to stay within the legal limit. INTOXICATION Ok, so now we understand just what intoxication in the human body is and how, as Bar Managers, you can do something about preventing it. But when is a person under the influence of alcohol actually intoxicated? Intoxication is not defined in the SOLA, so your definition of intoxication could be different to the person sitting next to you. Many a Bar Manager has ended up with a prosecution relating to intoxicated customers because he or she has a different definition of what is intoxication to the Police or Licensing Inspector – yet another reason to operate in partnership with them so everyone is working with the same guidelines. The LLA have issued the following comments about defining intoxication: 31 “A person should be considered to be intoxicated if at the time the person is observably affected by alcohol and/or other drugs to the extent that their speech, balance, co-ordination or behaviour is clearly affected”. “…some degree less than absolute incapacity from drunkenness”. “…displaying obviously impaired behaviour”. To be able to determine if their behaviour is impaired by alcohol, you need to know what they are like before they have the alcohol. So, you need to observe the behaviour of each customer from the moment they enter your premise, watching for any signs of changes in their behaviour which could indicate intoxication. Some of the signs to look out for are: Lowered inhibitions (getting extra friendly, becoming louder or quieter than before, challenging people to fights or contests etc.) Impaired judgement (saying the drinks are watered down, shouting strangers drinks, becoming argumentative, irrational, belligerent, annoying, altered self-image) Impaired reactions (having more than one cigarette lit at once, loss of train of thought, slurred speech, eyes glassy and un-focused) Impaired co-ordination (misses mouth with drink, stumbles and sways, drowsy, fumbling and messy) On the following page is a poster used as an example of signs to look out for when deciding if a patron might be defined as intoxicated. Remember though that people could be showing any of these characteristics and still be quite sober. It is a change to or from these behaviours that might indicate intoxication, not simply their presence. But the poster does give an idea of what to look out for and something to remember when noting your patrons’ behavioural changes as their alcohol consumption continues. 32 33 SERVER INTERVENTION Server intervention is what you do to pace consumption of a patron who is starting to show signs of intoxication to ensure that you don’t have to take any stronger method of control. It involves: Observing customer’s behaviour before and during service Communicating with them to gather information about their mood, what they’ve already eaten or drunk, are they driving? Assessing how much you can serve to maintain a low BAC Watching for changes in behaviour and signs of intoxication Working as a team with other staff to ensure everyone knows what is going on with all customers, and to back each other up. Offering low or non-alcohol alternatives Offering food Offering distracting entertainment You can use your other staff to help with server intervention. Get table clearers and security staff to say things like "I'm just taking these glasses to the kitchen, can I get you a plate of …. while I'm there?" Some people find it useful to use the traffic light system to determine what service might be appropriate to someone starting to show signs of intoxication. A person declared to be “green” shows no signs of intoxication. They may be served alcohol, but try to keep them on green. A person declared to be “amber” is starting to show signs of intoxication. It is necessary to use server intervention to slow down their alcohol consumption to prevent them becoming intoxicated to the degree you have to do something about them. A person declared to be “red” is showing many signs of intoxication and must not be served any more alcohol or you will be required to have them removed from the premise to prevent committing the offence of allowing an intoxicated person to remain on the premises. Security In many premises it can be advantageous to have door staff. It can be much easier to prevent prohibited or undesirable people getting in than removing them once they are discovered inside. There are training courses available for door staff run in South Taranaki. Contact us for details. Refusing Service of Alcohol Refusal of service is what you have to do when to serve the customer more alcohol would be an offence, but you may not yet need to remove them from the premise. Remember, you have right of refusal of service at any time, and you are not required to offer an excuse for doing so. But ensure you could not be deemed to be breaching the Human Rights Act. To take the blame off yourself when refusing service, use phrases like “I can’t …” rather than “I won’t…”. Point at your signage, so the 34 customer knows it’s the law, not just you making a personal attack. Be careful, as a 'red' person may not easily accept reasonable explanations. You should: Alert back up staff so everyone refuses service of alcohol, not just you Be firm and non-judgmental in your advice of your decision to the customer Don’t argue or bargain Minimise confrontation Watch your body language Communicate and record your actions Say what you have to say and then move away. They can’t argue with you if you’re not there. Be a broken record. Every time they offer an excuse or plead for one more drink, just repeat what you’ve already said. E.g. “I’m sorry, I can’t serve you any more alcohol…”. Some people find it easier if they have practised their catch phrases in advance, then you don’t get caught unprepared in a difficult situation. But don’t forget, you’re only refusing service of alcohol; you can still serve them any of your alternatives. These requirements came from changes to the SOLA from 1.12.99 and are mandatory now, whereas previously they may have only been required sporadically around the country by local DLA Policy. The term Host Responsibility still does not actually appear in the Act but its conditions appear on all On Licence types to some degree. However, it is the intention of the Host Responsibility philosophy that it should not be done simply because by law you have to, but that it should be a tool with which you can increase business opportunity also, and contribute to the reduction of liquor abuse in the community. LEGAL REQUIREMENTS FOR ALCOHOL SERVICE AND CONSUMPTION REVISITED Your main requirements are to control compliance with the conditions of the licence and the Sale of Liquor Act. Most Serious Offences The most serious offences a Licensee or Duty Manager may be liable for in regard to the sale and supply of liquor are: Sale to minors Sale to intoxicated persons Allowing a person to become intoxicated Unauthorised supply – which could be sale to a non-club member, out of hours sale or supply to any other person you are not authorised to sell to e.g. someone not on the premises for the purposes of dining or entertainment – depending on the individual Licence. Other Offences Be reminded that sale of spirits in any vessel larger than 500mls is also an offence. 35 And so is promotion of excessive or rapid consumption of alcohol. Beware the hook in this offence, customers don’t actually have to be consuming excessively or rapidly – you are still committing the offence if you simply promote it. There has been little case law to set the limits on this offence as yet and so there is much confusion as to just what is allowed and what isn’t. This is yet again another reason to establish a working relationship with your local Police and Licensing Inspector to find out their opinions and tolerances so that you don’t risk losing your Manager’s Certificate or Licence. But don’t forget that you can have promotions that assist Host Responsibility, like beer and steak deals or cheap drinks for designated drivers, pool or darts challenges and entertainment nights. Promoting your premises as more than just a place where customers can buy alcohol can be a great business move. Become the place to go for dining or even just the best bar snacks, have mocktail nights or be a pub at night but a lunch-time meeting venue during the day etc. Signage Use your signage to show legal obligations and use them as a tool to back you up. The required signs are: The Licence The Duty Manager’s name Hours of opening Host Responsibility signage such as menus for food and low and non-alcohol alternatives and relating to transport options and the desired atmosphere Prohibited persons signage regarding minors and intoxicated persons such as “no ID, no entry” or “no ID, no service”, or “the beer should be drunk, not you”. You may of course have other signage up as well, such as your Host Responsibility Policy or dress codes. The Health and Safety in Employment Act, previously mentioned, also applies here. Every occupier of a premise is required to identify any hazard to any person legally on the premise and take all practicable steps to minimise, isolate or eliminate that hazard. This can be as simple as putting up “wet floor” signs but also includes preventing glassware leaving the premises, cleaning up vomit immediately, preventing violence in and outside your premise and ensuring the premise is not overcrowded. The server, Duty Manager and Licensee are all responsible for controlling service and consumption (if the premise holds an On or Club Licence) to people to prevent liquor abuse and its effects on individuals, their families and the community. You have a legal and moral responsibility to the server, the premise, customers and the local community to ensure alcohol is sold and supplied in a responsible manner and/or from a safe drinking environment to contribute to the reduction in liquor abuse and its effects on the whole community.
