Liquor and Gaming NSW

​Tumut Star hotel incurs first strike for allowing intoxication

Monday, 29 October 2012    ​[PDF,58kb]

 

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

The Tumut Star Hotel was fined and incurred a first ‘strike’ under the NSW Government’s Three Strikes disciplinary scheme after a police check on April 14, 2012, observed an intoxicated man, aged 18-22.

OLGR Director of Compliance Paul Newson said by law licensees must prevent the excessive consumption of alcohol on their premises, 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 protect both individuals and the community from the misuse and abuse of alcohol on their premises," Mr Newson said.

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

"While most licensees do the right thing, this incident should be a warning that licensees need to actively ensure responsible service of alcohol at their venues.

"The NSW Office of Liquor, Gaming and Racing is available to work 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; 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 first strike may result in the imposition of specific licence conditions by the Director General of NSW Trade & Investment, of which OLGR is a part. Additional conditions may

include the requirement to engage a Responsible Service of Alcohol marshal and the banning of glass or other breakable containers on the premises.

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.

 

Twenty five 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