Liquor and Gaming NSW

Kempsey licensed venue fined $1100 and incurs 'strike' over intoxicated customers

Thursday, 12 July 2012   [PDF,57kb]

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

The West Kempsey Hotel 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 April 25.

Police reported observing a number of intoxicated patrons both inside and in the vicinity of the hotel and that only three responsible service of alcohol (RSA) staff were working at the hotel on Anzac Day and no security officers.

OLGR Director of Compliance Paul Newson said licensees must prevent the excessive consumption of alcohol on their premises with appropriate responsible service of alcohol practices and vigilance in monitoring patron alcohol consumption and behaviour.

“Licensees need to proactively assess their venues, particularly to meet the additional challenges associated with busy days like Anzac Day, 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.

“Licensees and approved managers should review their business practices, including their alcohol and security management plans, to reduce the risk of community harm and liquor offences and strikes being incurred.

“The NSW Office of Liquor, Gaming and Racing is can work 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 when a licensee or approved manager is convicted in court, or pays a penalty notice to the State Debt

Recovery Office as occurred in this case, for one of a range of serious offences under the Liquor Act.

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.

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