Liquor Regulations 2006

No. 2, 2006

Compilation No. 2

Compilation date:                              13 August 2019

Includes amendments up to:            Norfolk Island Continued Laws Ordinance 2015 (No. 2, 2015) as amended up to Norfolk Island Legislation Amendment (Fees and Other Matters) Ordinance 2019 (F2019L01048)

LIQUOR REGULATIONS 2006

TABLE OF PROVISIONS

PART 1 ‑ PRELIMINARY

1.      Short title

2.      Interpretation

PART 3 – STANDARDS FOR LICENSED PREMISES

13.       Licensing Standards Manual

14.       Form of Licence

PART 4 – RESPONSIBLE SERVING OF LIQUOR

15.       Responsible practices in the service, supply and promotion of liquor

16.       Establishment of a house policy

17.       What is a house policy

18.       Where to get advice

19.       Refusal of service

20.       Why service is refused

21.              When refusing service to a patron

PART 5 ‑ MISCELLANEOUS

23.       Persons serving liquor

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.

Table of Amendments