Licensee Update March 2007

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  1. 1. SOUTH AUSTRALIASSOUTH AUSTRALIAS Licensee UpdateLicensee Update MARCH 2007MARCH 2007 WHAT YOU NEED TO KNOW Crowd controller approvals Clipsal 500 & Easter trading Gaming machine trading ... and much more.
  2. 2. Page 2 Licensee Update March 2007 SOUTH AUSTRALIAS LICENSEE UPDATE THE OFFICIAL PUBLICATION OF THE OLGC ISSUES ... FEATURES ... REVIEWS ... Editor Josie Manto Writers and contributors Sarah Hozier, Warren Lewis, Peter Kurko, Christine Hart, Phil Harrison, Amanda Underwood, Paula Davies, Vicki Varricchio, Damian Creaser Photography Cover photograph Riding Through Vineyards (Sub-Event Stage 5, Jacobs Creek Tour Down Under 2004) by Milton Wordley; permission from South Australian Tourism Commission (SATC). Insert on facing page from Glasses of red wine (Yalumba Winery, Barossa) by Adam Bruzzone; permission from SATC. Page 7: Official Clipsal500 images used courtesy Clipsal500 Marketing. Pages 12 & 13: Images by Blue Razoo. Page 14: North Blinman photographs used with permission from the State Library of South Australia and SATC. Disclaimer This newsletter is intended to provide accurate and authoritative information in regard to the subject matter covered, and with the understanding that the Office of the Liquor and Gambling Commissioner is not passing legal opinion or interpretation or other professional advice. If you require a more detailed understanding of the legislation, it is recommended that you seek legal advice. TheLicenseeUpdateisaregularinformationnewsletter forwarded to all licensees in South Australia. The editor welcomes all comments, story ideas and suggestions. 3 New managed city taxi rank 4 Crowd controller approvals update 6 Easter trading hours 7 Coming events 11Inspections of licensed premises 12Gaming machine - trade round 13Gaming requirements 5 Safer Raves - guidelines for licensees 8 Come in Spinner Playing Two-up 9 Good Sports: new accreditation 10Licensing Court 14Then & now: Blinman 15Community Events
  3. 3. Taxi rank March 2007 Licensee Update Page EDITORS DROP NEW MANAGED TAXI RANK IN THE CITY AT WEEKENDS Welcome to the first edition of the Licensee Update for 2007. This edition is available earlier this year to ensure valuable information reaches you in a timely fashion. South Australians will be spoiled this summer and autumn with a wide variety of events, from spectacular international events such as WOMADELAIDE and the Adelaide Fringe festival in March, to exciting sporting events such as the Tour Down Under and One Day International Cricket held in January, Jacobs Creek Golf Open in February and the glitter of the Adelaide Cup and Clipsal500 as well as the World Police and Fire Games in March. These events (and others) provide many opportunities to showcase South Australias unique natural resources and relaxed atmosphere. This edition includes information on trading hours for the Clipsal500 celebrations and also the Easter weekend. It is important that you and your staff have a clear understanding of your licence conditions and how these events affect your business. Please contact our staff if you have any queries. Also, a number of instances recently have highlighted the need to consider the Liquor Licensing Act Code of Practice when promoting alcohol products or organising entertainment. To assist with the responsible service of alcohol we have included some hints for identifying intoxicated patrons. We take a look at the game of Two-up and travel into the rugged beauty of the Flinders Ranges to visit Blinman in Then & Now. Crowd controllers working in licensed premises are reminded that they will need to be approved by this Office to continue working in that capacity. Remember, the legislation came into effect on 1st February 2007. I hope this edition provides you with useful information on current issues and helps all licensees and other clients with the efficient management of their business. JOSIE MANTO Since Friday 9 February 2007, an additional Managed Taxi Rank has been available in the city at weekends (in addition to the one at the Casino). The Managed Taxi Rank has a concierge and a security officer on duty. It operates: Friday: 11pm to 4am (Saturday) Saturday: 11pm to 4am (Sunday) Outside of these hours, the taxi rank operates as an ordinary taxi rank (with no concierge or security officer) from 8pm to 8am daily. The Managed Taxi Rank has additional lighting, increased signage and is also monitored by an additional CCTV camera. It aims to encourage late night patrons to leave the City in a safe manner.
  4. 4. Page 4 Licensee Update March 2007 IMPORTANT INFORMATION FOR CROWD CONTROLLERS - SECURITY REFORMS UPDATE RESULTING FROM A RECENT CROWN LAW ADVICE, SUPERSEDING ALL PREVIOUS INFORMATION RELEASED The procedures for prevention of persons from entering, or removal or persons from, licensed premises are contained in Schedule 1A of the Liquor Licensing (General) Regulations 1997. These procedures should be supported by responsible venue management policies and adequate staff training. An authorised person includes the licensee, responsible person, police officer and approved crowd controller. As of 1 February 2007 all crowd controllers employed to control crowds at licensed premises, or licensed events are not permitted to use force to remove persons from, or prevent their entry to licensed premises unless they are approved by the Liquor and Gambling Commissioner. Approved crowd controllers are permitted to be approved as responsible persons for the licensed premises and also to operate in both capacities at the same time. Approved crowd controllers can only use force to remove a patron from licensed premises under the direct supervision of the responsible person or licensee, whereas a responsible person does not require supervision. A person who is working as both an approved crowd controller and responsible person at the same time will not require supervision when using force to remove persons or prevent their entry, however he or she will be subject to random drug and alcohol testing. While it is possible to work as both an approved crowd controller and responsible person at the same time, there are important differences between the roles. An approved crowd controller would generally be involved in managing crowds over the period of a shift and his or her powers are not limited to removal of persons or prevention of entry. A responsible person may from time to time be involved in the removal or prevention of entry of a person. However, if the responsible persons role extends to general crowd control functions over a significant period of a shift that person would need to be approved as a crowd controller. A responsible person working as a crowd controller without a crowd controller licence may be subject to disciplinary action by the Commissioner for Consumer Affairs for operating as a crowd controller unlicensed. There may also be disciplinary action brought by the Liquor and Gambling Commissioner against the responsible person or licensee for inappropriate supervision and management of the business. A responsible persons main role is to supervise and manage the business. If a regular part of their duties involves the management of crowds (including eviction) they are participating in a regulated activity and must be licensed under the Security and Investigation Agents Act. Approved crowd controllers and responsible persons are required to observe the procedures prescribed in the regulations for the removal of persons or the prevention of entry. Both approved crowd controllers and responsible persons must wear the appropriate identification badge when performing these duties on licensed premises. If a person is performing duties as both a responsible person and an approved crowd controller, then both badges must be worn. Any premises that are subject to an exemption to the requirement to have a responsible person on duty at all times, and engage approved crowd controllers will be required to have responsible persons present to supervise any forcible removal. A person can only be approved if he or she is currently licensed with OCBA. An application fee of $85.00 is payable to the Office of the Liquor and Gambling Commissioner at the time of application. Any suspension of licence by OCBA will result in OLGC approval also being suspended. OLGC may revoke an approval independent of any decision made by OCBA. The following procedures are requirements. Before using force an authorised person must, if practicable, advise the offending person that he or she are, under the Act, authorised to use reasonable force to prevent entry to, or the removal of persons from, the premises and that he or she will use force if necessary if the offending person refuses to leave the premises. While using force to prevent a person from entering, or remove a person from, licensed premises, an authorised person may not hold the person above the persons shoulders, or undertake any other action which could prevent or restrict the inhalation of air by the person or cause the person to suffer asphyxia. The laws of self defence are not affected by these requirements. As soon as reasonably practicable following an incident involving the use of force each authorised person involved in the incident (other than a police officer) must report the incident to the licensee in writing, and must include in the report the details in an incident register (Form 9).
  5. 5. To provide a good night out, in the safest possible manner. March 2007 Licensee Update Page 5 SAFER DANCE EVENTS & RAVES - GUIDELINES FOR LICENSEES Special thanks to Damian Creaser, Population Health Programs Division, DASSA; Photographs courtesy of Josh Fechner. With dance parties, raves, and dance music in general dominating entertainment choices, a collaborative approach is the best way to ensure p