Liquor and Gaming NSW

Cockle bay licensed venue incurs first strike for allowing intoxication

Thursday, 6 September 2012    [PDF,52kb]

The NSW Office of Liquor, Gaming and Racing (OLGR) has urged Sydney licensed venues to be vigilant after a local licensee was fined $1,100 and named on the Three Strikes public register for allowing intoxication.

Dockside at Cockle Bay was fined and incurred a first “strike” under the NSW Government’s Three Strikes disciplinary scheme after a licensing police check on the evening of 2 June.

Police reported observing an intoxicated male laying unconscious outside the venue and a number of highly intoxicated patrons at a function inside.

OLGR Director of Compliance Paul Newson said by law licensees must prevent the excessive consumption of alcohol on their premises and need to ensure appropriate responsible service of alcohol practices and be vigilant in monitoring patron alcohol
consumption and behaviour.

“Licensees need to proactively assess their venues and implement appropriate measures to manage risks to protect both individuals and the community from the effects of excessive alcohol consumption on their premises,” Mr Newson said.

“This could include improved security arrangements, better monitoring of responsible service of alcohol practices, and greater vigilance in the screening of patrons prior to entry
and refusal of service if they are approaching intoxication.

“While most licensees do the right thing, this incident should be a warning that licensed premises need to be vigilant in abiding by responsible service of alcohol requirements.

“The NSW Office of Liquor, Gaming and Racing works proactively with licensees and venues that incur strikes to help them reduce the risk of repeat offences and further strikes.”

Under the Three Strikes disciplinary scheme, “strikes” are incurred for a range of serious offences under the Liquor Act when a licensee or approved manager is convicted in court;

pays a penalty notice to the State Debt Recovery Office as occurred in this case; or is issued with an enforcement order by the State Debt Recovery Office for failing to pay a penalty notice.

A first strike is automatically incurred upon conviction or payment of a penalty notice for a single offence and is active for three years from the date of the offence.

A second and third strike can be incurred upon conviction or payment of a penalty notice for further offences committed within three years.

A third strike can result in the imposition of licence conditions, licence suspension for up to 12 months, licence cancellation and a moratorium on a new liquor licence being granted

for the same business operators at the venue for up to 12 months, and/or disqualification of a licensee for any period of time. For registered clubs, a third strike can result in imposition of licence conditions, disqualification of a club secretary, dismissal of any or all of the club directors, and/or the
appointment of an administrator to manage the club.

Sixteen NSW licensed venues have now incurred a first strike with the public register of strikes available for viewing on the OLGR website at

http://www.olgr.nsw.gov.au/liquor_3_strikes_register.asp