Arielle Cruz
In New South Wales, the sale and supply of liquor are controlled by legislation, and sanctions are in place for venues that are poorly run and where irresponsible liquor serving occurs. Each state in Australia has its own Responsible Service of Alcohol (RSA) legislation, and it is an employee's responsibility to ensure they abide by their state's laws. In NSW, supplying alcohol to an intoxicated person is an offence punishable by a maximum penalty of $11,000 or 12 months imprisonment, or both. To avoid such consequences, it is important to know how to refuse alcohol to an intoxicated person.
| Characteristics | Values |
|---|---|
| State laws | In Australia, each state is in control of its own RSA laws, which govern the serving of alcohol and refusing service to intoxicated people. |
| Purpose | To minimise harm, ensure patrons have a safe and enjoyable experience, and reduce alcohol-related incidents and violence. |
| Responsibility | Employees selling alcohol must abide by their state's RSA legislation. Directors should not overrule employees' decisions to refuse service. |
| Penalties | Fines, suspension or revocation of RSA certification, and criminal records may result from breaches of RSA laws. |
| Early Intervention | Be aware of patrons heading towards intoxication and subtly inform them they will be refused service if their behaviour deteriorates. |
| Seek Assistance | Get approval and support from managers and security staff before approaching intoxicated patrons. |
| Don't Delay | Don't wait to refuse service; don't let them finish their drink or give them one last drink. |
| Offer Alternatives | Offer non-alcoholic drinks and ask if they'd like you to call a friend or taxi. |
| Ensure Patron Leaves | Once a patron is intoxicated, they must leave the premises and not be allowed back in. |
| Documentation | After an incident, ensure bar staff, managers, and witnesses make statements and complete the incident register. |
| Training | Inexperienced staff should be guided by experienced staff and complete RSA training (e.g., SITHFAB201). |
| Patron Rights | Patrons have the right to file a complaint with the state's anti-discrimination commission if they feel discriminated against. |
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What You'll Learn
Intervene early
As an employee who sells alcohol, it is your responsibility to ensure you abide by your state's Responsible Service of Alcohol (RSA) legislation. If you breach these laws, you can be fined, and so can the licensed premises you work for. Therefore, it is important to be aware of your surroundings and take note of people who are heading towards intoxication. Subtly and tactfully inform them that they will be refused service if their behaviour deteriorates and that they may be asked to leave.
If you are an inexperienced bartender, do not work without an experienced colleague present to guide you. Adopt a "buddy system" for support. If you decide a patron has had enough alcohol, do not delay your decision to refuse them service. Do not let them finish their drink, hoping they will 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.
Offer them a non-alcoholic drink and reassure them that you will be happy to serve them again in the future (unless they are a repeat offender). Be friendly and supportive to reduce the chances of them getting angry and becoming aggressive. Ask if they would like you to call a friend or a taxi to get them home.
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Seek assistance from colleagues
In New South Wales, there are laws in place to govern the serving of alcohol and what is required to refuse alcohol to an intoxicated person. These laws are designed to minimise the potential harm alcohol can cause and ensure patrons have a safe experience. As an employee, it is your responsibility to ensure you abide by your state's Responsible Service of Alcohol (RSA) legislation. If you breach these laws, you can be fined, and so can the licensed premises you work for.
When refusing alcohol to an intoxicated person, it is important to seek assistance from colleagues. Here are some tips on how to do this:
Firstly, be aware of your surroundings and identify people who are heading towards intoxication. Subtly inform them that they will be refused service if their behaviour continues to deteriorate and that they may be asked to leave. Before approaching any intoxicated patron, seek approval and assistance from your manager and security staff. This will ensure you have support and guidance, especially if it is your first time dealing with this situation.
It is recommended to adopt a "buddy system" for inexperienced staff, pairing them with an experienced colleague. This way, they can learn how to handle these situations effectively and reduce the potential for agitation or aggression from patrons. Directors and managers should not overrule an employee's decision to refuse service of alcohol, and they should support their staff in implementing the venue's refusal-to-serve alcohol policy.
If an incident of intoxication occurs, ensure that statements are taken as soon as possible from the barperson, managers, and any witnesses. It is important to document the details of the incident accurately and complete the incident register accordingly. This will help protect both the venue and the employees in case of any legal repercussions.
Remember, the goal is to create a safe environment for everyone involved, and seeking assistance from colleagues is a crucial step in achieving that. By working together and following the RSA legislation, you can minimise the negative impact of alcohol and promote a positive experience for your patrons.
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Don't delay refusal
When refusing alcohol to an intoxicated person in NSW, it is important to act promptly and not delay refusal. Here are some reasons why delaying refusal is not a good idea:
Legal Accountability
According to NSW's Responsible Service of Alcohol (RSA) legislation, it is illegal to serve alcohol to intoxicated individuals. By delaying refusal, you may be held legally accountable and face fines or other penalties. The licensed premises may also be fined if RSA laws are breached.
Aggression and Violence
Intoxicated individuals may become agitated, angry, or aggressive when refused service. Early intervention is crucial to reducing the potential for dangerous situations. By delaying refusal, you may inadvertently increase the risk of aggression or violence.
Duty of Care
As an employee selling alcohol, you have a duty of care to provide a safe environment for patrons and staff. Allowing intoxicated individuals to continue consuming alcohol may put them and others at risk. By delaying refusal, you may be neglecting your responsibility to ensure the safety and well-being of everyone involved.
Patron's Experience
Refusing service to an intoxicated person is ultimately done to ensure their safety and well-being. By delaying refusal, you may be enabling them to consume more alcohol, potentially leading to negative consequences such as impaired judgment, health risks, or unsafe behaviour. Early intervention can help ensure a positive and enjoyable experience for the patron while minimizing potential harm.
Management Support
In most cases, seeking assistance from your manager or supervisor is recommended before approaching an intoxicated patron. By delaying refusal, you may miss the opportunity to involve management early on, which could provide guidance, support, and approval for your decision to refuse service.
Remember, while refusing service to an intoxicated person can be challenging, it is essential to act promptly and confidently, prioritizing the well-being of your patrons, staff, and yourself. By not delaying refusal, you adhere to legal requirements, mitigate risks, and foster a safe and enjoyable environment for everyone involved.
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Offer non-alcoholic drinks
Offering non-alcoholic drinks is a great way to help an intoxicated person without causing them embarrassment or offence. It is a subtle way to help them sober up, and it can be done in a friendly and supportive manner. This method can also help to reduce the chances of the situation escalating into aggression and violence, which can sometimes occur when refusing service to intoxicated patrons.
When offering non-alcoholic drinks, it is important to be tactful and friendly. You could suggest that they have a soft drink or juice, or even a non-alcoholic version of their favourite drink. Reassure them that you are happy to serve them and that you will be happy to serve them again in the future. This can help to diffuse any potential tension and let them know that you are not judging them.
If you are a server or bartender, you could also offer to call them a taxi or a friend to get them home safely. This is a responsible way to ensure they get home without causing a scene. You could also offer them some food, which can help to soak up the alcohol and prevent further intoxication.
Offering non-alcoholic drinks is a simple and effective way to help an intoxicated person, and it can be a positive and friendly experience for both parties. It is a great first step to take before more drastic measures are needed, and it can help to create a safe and enjoyable environment for everyone.
It is important to remember that, as an employee selling alcohol, you must abide by your state's Responsible Service of Alcohol (RSA) legislation. In Australia, each state has its own RSA laws, but the general theme is a duty of care to provide a safe environment for patrons and staff. This includes refusing service to intoxicated people and taking all reasonable steps to prevent harm.
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Offer to call a taxi
In New South Wales, there are laws in place that govern the serving of alcohol and outline what is required to refuse alcohol to an intoxicated person. These laws are designed to minimise alcohol-related harm and ensure patrons have a safe and enjoyable experience. As an employee who sells alcohol, it is your responsibility to abide by your state's Responsible Service of Alcohol (RSA) legislation.
One effective strategy to refuse alcohol to an intoxicated person is to offer to call them a taxi. Here are some steps to implement this strategy effectively:
Offer an Alternative and Reassurance
When approaching a patron who is showing signs of intoxication, it is important to remain friendly and supportive. Start by asking them if they would like a non-alcoholic drink and reassure them that you will be happy to serve them again in the future. This simple gesture can help defuse tension and reduce the likelihood of the situation escalating.
Suggest Calling a Taxi
After offering a non-alcoholic drink, suggest calling a taxi for the patron to ensure they get home safely. Let them know that you are there to assist and that their well-being is important. Many intoxicated individuals may be receptive to this suggestion, especially if they are feeling tired or unwell.
Seek Assistance from Colleagues
Before offering to call a taxi, it is advisable to seek approval and assistance from your manager and security staff. This ensures that you have support in dealing with the situation and can learn how to handle similar incidents in the future. It also provides guidance on the venue's policies and procedures for managing intoxicated patrons.
Early Intervention
Be mindful of the patron's level of intoxication and intervene early. Subtly and tactfully inform them that, due to their level of intoxication, you will be unable to serve them alcoholic beverages. Explain that you are happy to call a taxi for them, ensuring their safe journey home.
Ensure the Patron Leaves
Once a patron becomes intoxicated, they must leave the premises and not be allowed back in. It is important to ensure that they depart within a reasonable period. This step is crucial for their safety and well-being, as well as for maintaining a safe environment for other patrons and staff.
Remember, it is your legal responsibility to refuse alcohol to intoxicated patrons, and offering to call a taxi is a safe and effective way to handle the situation. Always prioritise the well-being of your patrons and be confident in your decision to refuse service when necessary.
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Frequently asked questions
The maximum penalty for supplying alcohol to an intoxicated person in NSW is $11,000 or 12 months imprisonment, or both.
Here are some ways to refuse alcohol to an intoxicated person:
- 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 that they could be asked to leave.
- Seek assistance: Before approaching any intoxicated patron, seek approval and assistance from your manager and security staff.
- Don't delay: If you decide they've had enough alcohol, don't delay your decision to refuse serving them.
- Offer an olive branch: Ask them if they would like a non-alcoholic drink and reassure them that you will be happy to serve them again in the future.
Here are some tips to de-escalate the situation:
- Offer assistance: Ask them if they would like you to call a friend or a taxi to get them home.
- Be friendly and supportive: The friendlier and more supportive you are, the less likely the patron is to get angry and become aggressive.
The patron has the right to file a complaint with the state's anti-discrimination commission if they believe they have been treated unfairly due to their sex, religion, race, or any other form of discrimination.
