Strategies to Manage Alcohol-Related Harm

Everyone deserves to enjoy a safe time at a venue and there are different strategies on managing alcohol-related that can assist in providing this. During Licensee training, you will learn about these strategies in greater depth and also how to implement them.  

Refusing Entry

The first strategy is refusal of entry. As a licensee, you have the common law right and authority under section 77 of the Liquor Act 2007 to refuse entry to or evict individuals from your venue, provided the actions are not discriminatory. Grounds for refusal or eviction include:

• Intoxication
• Violent, quarrelsome, or disorderly behaviour
• Smoking in smoke-free areas
• Suspected use or possession of illicit drugs
• Actions that would cause the licensee to breach liquor laws

If someone refuses to leave when asked, they may commit an offence under the Inclosed Lands Protection Act 1901 and face civil liability for trespass.

Criteria for Refusal of Entry

Rules should focus on behaviour, not personal characteristics, and comply with the NSW Anti-Discrimination Act 1977. Establish and apply clear, non-discriminatory house policies or codes of conduct that outline acceptable behaviour. These should:

• Be behaviour-focused
• Apply equally to all patrons
• Be prominently displayed
• Warn that non-compliance may result in refusal of entry

It is recommended to display a sign at your venue's entrance, such as: "This venue reserves the right to refuse entry or withdraw permission to remain on the premises at any time."  

Ejecting patrons from premises

Under section 77 of the Liquor Act 2007, licensees, staff, and NSW Police can refuse entry or remove individuals from licensed premises for reasons including:

• Intoxication
• Violent, quarrelsome, or disorderly behaviour
• Smoking in smoke-free areas
• Suspected possession or use of illicit drugs
• Actions causing the licensee to breach liquor laws

Licensee Responsibilities

You must establish procedures to assist staff in managing refusal of service and ensuring compliance with the law, particularly regarding intoxicated, disorderly, or underage customers.

Steps for Managing Intoxicated Patrons

If someone appears intoxicated due to alcohol consumption:

• Refuse service
• Ask the person to leave
• If refusal to leave occurs, contact NSW Police for assistance

Communicating with the Patron

When removing a customer, clearly explain:

1. The reason for their exclusion, using terms from the Liquor Act (e.g., "intoxicated" or "disorderly").
2. They must move more than 50 meters away from the premises.
3. They are banned from the 50-meter vicinity for 6 hours.
4. They cannot re-enter the premises for at least 24 hours.
5. Non-compliance constitutes an offence.

Exceptions to the 50-Meter Rule

Customers with a lawful excuse—such as residing nearby, obtaining transport, or fearing for their safety—are exempt from the rule.

Record Keeping

Managers should record incidents promptly in the incident register to maintain proper documentation.  

Fail to quit

Fail to quit refers to a customer who refuses to leave a licensed venue when asked to do so. Fail to quit is an offence under section 77 of the Liquor Act 2007 for failing to leave a licensed premises (of the vicinity of) when requested. If the customer refuses to leave, contact NSW Police for assistance in removing the person. Police can issue the person found guilty of an offence for non-compliance with the direction to leave with an on-the-spot fine for each offence, with a maximum court fines of 50 penalty units.

Barring customers

While most customers behave responsibly, some may exhibit violent or inappropriate behaviour. Under section 77(3) of the Liquor Act 2007, customers can be temporarily barred for 24 hours for:

• Intoxication
• Violent, quarrelsome, or disorderly behaviour
• Smoking in a smoke-free area
• Use or possession of prohibited drugs

As a licensee, you can impose longer or indefinite barring periods under common law.

Making Barring Effective

To ensure barring has a meaningful impact, you should:

• Establish clear guidelines for acceptable and unacceptable behaviour.
• Define consequences for unacceptable behaviour, including barring terms.
• Communicate rules and consequences clearly to customers.
• Apply barring rules consistently and fairly.

Benefits of a Barring Strategy

• Deters troublemakers and reinforces acceptable behaviour.
• Enhances safety and creates a welcoming environment.
• Reduces staff disruptions and improves workplace safety.
• Contributes to a more enjoyable venue atmosphere.

Anti-Discrimination Compliance

• Decisions to bar or ban must comply with the Anti-Discrimination Act 1977 (NSW).
• Rules should be based on behaviour, not personal characteristics (e.g., race, gender).
• Penalties must be consistent for the same behaviour, avoiding personal bias.

Practical Steps

• Develop and check barring procedures with a legal advisor to ensure enforceability.
• Collaborate with local liquor accords to establish consistent barring terms across venues, helping customers understand and comply with expectations.
• Follow step-by-step guidelines on refusal of entry and patron barring, including advice on legal rights, privacy, and anti-discrimination issues.

Adopt standard barring terms and strategies with other venues in your area through the local liquor accord to maintain a unified approach and improve compliance.  

Banning order

A banning order is a formal directive issued by the Authority, prohibiting a specific individual from entering or remaining on licensed premises.

When to Use a Banning Order

Banning orders are suitable when:

• A person repeatedly disregards imposed barring or banning periods.
• No liquor accord exists to enforce multi-venue barring.
• Venues cannot agree on barring or banning a customer.
• The individual’s behaviour has been disruptive enough to warrant legal action.

Who Can Apply for a Banning Order?

Applications can be made by:

• Licensees participating in a local liquor accord.
• The Secretary, NSW Department of Customer Service.
• NSW Police.

Penalties for Non-Compliance

A person under a banning order must not enter, attempt to enter, or stay on licensed premises. A violation can result in a maximum penalty of 50 penalty units. Under the Liquor Act 2007, patrons can be banned for up to 6 months across multiple licensed venues for repeated intoxication, violence, or disorderly behaviour in or near licensed premises. In Sydney CBD and Kings Cross precincts, NSW Police can issue temporary banning orders lasting up to 48 hours, while the Authority can impose long-term banning orders of up to 12 months for serious cases.  

Place restriction order

As a last resort for serious matters that lead to prosecution, licensees can also consider requesting placement of a restriction order under the Crime (Sentencing Procedure) Act 1999. This procedure involves the NSW police and seeks to ban a person from certain places for 12 months when that person is convicted for a minimum sentence of 6 months. Further information on place restrictions orders can be sought from your local NSW Police licensing officer.