LIQUOR REGULATIONS 2006
PART 1 — PRELIMINARY
Short title
1. These Regulations may be cited as the Liquor Regulations 2006.
Interpretation
2. In these Regulations a reference to “the Act” is a reference to the Liquor Act 2005.
PART 3 — STANDARDS FOR LICENSED PREMISES
Licensing Standards Manual
13. (1) The Chief Executive Officer shall cause a book, to be called the Licensing Standards Manual, to be prepared.
(2) The Chief Executive Officer shall set out in the manual the general standards that, have effect as the standards to be met in relation to the premises in respect of which licences are sought.
(3) In relation to premises in respect of which a general licence or a BYO licence or a restaurant licence is sought the Chief Executive Officer may include in the manual general standards in relation to —
(a) the materials that may be used in the surfacing of floors, walls and ceilings;
(b) the materials that may be used in the surfacing of bars, counters, tables, fitments and items of furniture to be used in connection with the service or consumption of liquor or meals;
(c) the treatment of walls and ceilings in bar‑rooms and dining rooms to reduce noise;
(d) the means to be adopted for heating, cooling, ventilating and lighting the premises;
(e) the material that may be used in the surfacing of walls and floors in outdoor areas to be used for the sale of or consumption of liquor or food;
(f) the furnishing of the premises including the seating accommodation to be provided and the manner in which that seating is to be distributed over the premises;
(g) the equipment and facilities to be provided for the preparation of meals;
(h) the quantity and quality of cutlery, crockery and glassware to be provided and kept available in the premises;
(i) the provision of toilet facilities for members of the public;
(j) the location and construction of facilities for the storage of liquor;
(k) the provision of areas suitable for dancing; and
(l) other general standards that the Registrar deems appropriate to recommend.
(4) In relation to premises in respect of which a manufacturer’s licence is sought the Chief Executive Officer may include in the manual general standards in relation to —
(a) the location and construction of facilities for the storage of liquor;
(b) the location and construction of facilities for the sampling of liquor;
(c) the means to be adopted for the display of liquor for sale; and
(d) other general standards that the Chief Executive Officer deems appropriate to recommend.
(5) In relation to premises in respect of which a club licence is sought the Chief Executive Officer may include in the manual general standards in relation to —
(a) the materials that may be used in the surfacing of bars, counters, tables, fitments and items of furniture to be used in connection with the service or consumption of liquor or meals;
(b) the materials that may be used in the surfacing of walls and floors in areas adjacent to bars and counters used in connection with the service of liquor;
(c) the location and construction of facilities for the storage and display of liquor;
(d) the treatment of walls and ceilings to reduce noise; and
(e) other general standards that the Registrar deems appropriate to recommend.
(6) In exercising its powers under subregulations (1) to (5) (inclusive) the Chief Executive Officer may, under the same subregulation, include in the manual different general standards in respect of different types or classes of premises or premises situated in different parts of Norfolk Island.
(7) The Chief Executive Officer may include in the manual details of the prescribed course referred to in paragraph 45(1)(e) of the Act.
Form of Licence
14. A licence issued under the Act shall be in the approved form.
PART 4 — responsible SERVING OF LIQUOR
Responsible practices in the service, supply and promotion of liquor
15. (1) Each licensee and special event permit holder must behave responsibly in the service, supply and promotion of liquor.
(2) A licensee or special event permit holder must not engage in a practice or promotion that may encourage rapid or excessive consumption of liquor.
Examples—
· promoting the consumption of drinks known as ‘laybacks’, ‘shooters’ or ‘test‑tubes’
· promoting ‘free drinks for 2 hours’, ‘3 drinks for the price of 1’ or ‘all you can drink for $10.00’.
(3) Each licensee and special event permit holder must engage in practices and promotions that encourage the responsible consumption of liquor.
Examples—
· promoting the consumption of light or low alcohol drinks
· promoting a “designate driver” program whereby a person designated to drive persons from the licensed premises is provided with free or low priced soft drink in consideration of their agreeing not to consume alcoholic drink.
· serving food with drinks to slow the rate of consumption of drinks and the absorption of alcohol
· supplying liquor in standard or recognisable quantities
· serving half measures of spirits on request.
(4) Each licensee and special event permit holder must provide and maintain a safe environment in and around the licensed premises.
Examples—
· arranging the supply and convenient positioning of public telephones displaying
· taxi and emergency numbers
· providing lighting outside the external doors of the premises
· not promoting activities that might encourage harassment by patrons of the staff or other patrons.
Note: Persons planning a function which may infringe this regulation, should discuss the activity with the chief inspector or an inspector to ensure adequate measures have been put in place to prevent rapid or excessive consumption of liquor by those attending.
Penalty: Suspension of licence for a period not exceeding one month.
Establishment of a house policy
16. The applicant for a licence under the Act is encouraged to establish and maintain a house policy.
What is a house policy?
17. A house policy is a document that contains general information on the manner in which the business is operated. It should broadly outline the applicant’s business philosophy and what the applicant intends to achieve in relation to atmosphere, entertainment, patron enjoyment and customer service.
The creation and adoption of a house policy is considered by the Chief Executive Officer to be a desirable strategy to encourage responsible service of alcohol practices from staff.
Where to get advice
18. The Chief Executive Officer and the Registrar encourages all applicants and existing licensees and staff to develop and implement House Policies. Once a draft document has been prepared, the Registrar will provide comments back to an applicant and staff.
Refusal of service
19. (1) Staff of licensed premises may refuse service to patrons at any time
For example: patrons not meeting management's dress regulations.
(2) Staff must refuse service to patrons who are minors or unduly intoxicated or disorderly.
Why service is refused
20. A licensee and staff of a licensee are entitled to refuse service to a patron for the following reasons:‑
(a) safety of the patron
(b) safety of others
(c) contravention provisions of the Liquor Act and Regulations
For example: If the person is a minor or unduly intoxicated or disorderly.
(b) civil liability
When refusing service to a patron
21. A licensee or the staff of a licensee in refusing service are, so long as may be reasonable in the circumstances, required to comply with the following‑
(a) Use tact. Politely inform the patron that they will not be served any more alcohol. Don't speak to the patron in front of others if it can be reasonably avoided.
(b) Repeat firmly, that by law they cannot be served another drink. Management policy may be to offer a non‑alcoholic drink or to suggest ordering food.
(c) Notify the manager/licensee/supervisor or security or if necessary the chief inspector, an inspector or a member of the Police Force. Also notify other bars in the premises that service to the patron has been refused. The chief inspector, inspector or a member of the Police Force may be notified of the action in order to that, if it is thought appropriate, other licensed premises may be warned of the action.
(c) If considered necessary, management may impose a short term ban.
PART 5 – MISCELLANEOUS
Persons serving liquor
23. (1) All licensees and persons who serve liquor to members of the public are required to have passed a course on the responsible serving of liquor prescribed or approved by the Chief Executive Officer.
(2) A licensee who serves or who permits a person to serve liquor in breach of subregulation (1) commits and offence.
Penalty: 3 penalty units
(3) Subregulation (2) does not come into effect until the day that is 3 months after the commencement of the Act or such later date being a date that is not later than a further 6 months as may be prescribed.
NOTES
The Liquor Regulations 2006 as shown in this consolidation comprises Regulations No. 2 of 2006 and amendments as indicated in the Tables below.
Enactment | Number and year | Date of commencement | Application saving or transitional provision |
Liquor Regulations 2006 | 2, 2006 | 28.4.2006 | |
| | | |
Goods and Services Tax Act 2007 | 4, 2007 | 2.4.2007 | |
________ |
Ordinance | Registration | Commencement | Application, saving and transitional provisions |
Norfolk Island Continued Laws Amendment Ordinance 2015 (No. 2, 2015) (now cited as Norfolk Island Continued Laws Ordinance 2015 (see F2015L01491)) | 17 June 2015 (F2015L00835) | 18 June 2015 (s 2(1) item 1) | Sch 1 (items 344, 345, 382–396) |
as amended by | | | |
Norfolk Island Continued Laws Amendment (Statutory Appointments and Other Matters) Ordinance 2018 | 28 Sept 2018 (F2018L01378) | Sch 1 (item 38): 29 Sept 2018 (s 2(1) item 1) | — |
Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 | 12 Aug 2019 (F2019L01048) | Sch 1 (items 50–52): 13 Aug 2019 (s 2(1) item 1) | — |
Table of Amendments
ad = added or inserted | am = amended | rep = repealed | rs = repealed and substituted |
Provisions affected | How affected |
2 | am | Ord No 2, 2015 (as am by F2019L01048) |
Part 2 | rep | Ord No 2, 2015 (as am by F2019L01048) |
3 | am | Act No. 4, 2007 |
| rep | Ord No 2, 2015 (as am by F2019L01048) |
4 | am | Act No. 4, 2007 |
| rep | Ord No 2, 2015 (as am by F2019L01048) |
5 | am | Act No. 4, 2007 |
| rep | Ord No 2, 2015 (as am by F2019L01048) |
6 | rep | Ord No 2, 2015 (as am by F2019L01048) |
7 | rep | Ord No 2, 2015 (as am by F2019L01048) |
8 | rep | Ord No 2, 2015 (as am by F2019L01048) |
9 | rep | Ord No 2, 2015 (as am by F2019L01048) |
10 | rep | Ord No 2, 2015 (as am by F2019L01048) |
11 | rep | Ord No 2, 2015 (as am by F2019L01048) |
12 | rep | Ord No 2, 2015 (as am by F2019L01048) |
13 | am | Ord No 2, 2015 (as am by F2018L01378) |
15 | am | Ord No 2, 2015 (as am by F2018L01378) |
17 | am | Ord No 2, 2015 (as am by F2018L01378) |
18 | am | Ord No 2, 2015 (as am by F2018L01378) |
21 | am | Ord No 2, 2015 (as am by F2018L01378) |
22 | rep | Ord No 2, 2015 (as am by F2019L01048) |
23 | am | Ord No 2, 2015 (as am by F2018L01378) |
Schedule | am | Ord No 2, 2015 (as am by F2018L01378) |
| rep | Ord No 2, 2015 (as am by F2019L01048) |
| | | | |