Licensee Update March 2007

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SOUTH AUSTRALIA’S SOUTH AUSTRALIA’S Licensee Update Licensee Update MARCH 2007 MARCH 2007 WHAT YOU NEED TO KNOW Crowd controller approvals Clipsal 500 & Easter trading Gaming machine trading ... and much more.

Transcript of Licensee Update March 2007

SOUTH AUSTRALIA’SSOUTH AUSTRALIA’S

Licensee UpdateLicensee UpdateMARCH 2007MARCH 2007

WHAT YOU NEED TO KNOW

Crowd controller approvals

Clipsal 500 & Easter trading

Gaming machine trading

... and much more.

Page 2 Licensee Update March 2007

SOUTH AUSTRALIA’S

LICENSEE UPDATETHE OFFICIAL PUBLICATION OF THE OLGC

ISSUES ...FEATURES ...

REVIEWS ...

EditorJosie [email protected]

Writers and contributorsSarah Hozier, Warren Lewis, Peter Kurko, Christine Hart, Phil Harrison, Amanda Underwood, Paula Davies, Vicki Varricchio, Damian Creaser

PhotographyCover photograph ‘Riding Through Vineyards’ (Sub-Event Stage 5, Jacob’s 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.

The Licensee Update is a regular information newsletter 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

12 Gaming machine - trade round

13Gaming requirements

5 Safer Raves - guidelines for licensees

8 Come in SpinnerPlaying Two-up

9 Good Sports: new accreditation

10 Licensing Court

14 Then & now: Blinman

15Community Events

Taxi rank

March 2007 Licensee Update Page 3www.olgc.sa.gov.au

EDITOR’S 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, Jacob’s 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 Australia’s 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.

Page 4 Licensee Update March 2007

IMPORTANT INFORMATION FOR CROWD CONTROLLERS - SECURITY REFORMS UPDATERESULTING 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 person’s 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 person’s 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 person’s 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).

To providea good night out,

in the safest possible manner.

www.olgc.sa.gov.au 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 patron safety and maintain the high standards of Adelaide’s nightlife.

They may not be new but their popularity is increasing. Raves, or dance parties, began in Adelaide as unorganised gatherings in the late 1980s. In the past they were unlicensed and unregulated events with patron numbers ranging from a few hundred to several thousand. On many occasions Police, Fire, Ambulance and local council authorities were not alerted to the fact that an event was taking place. Patrons were exposed to a range of risks, including venues with poor access for emergency services, potential for over-crowding, sub-standard facilities and inadequate security.

By the late 1990s dance parties were becoming more mainstream and attracted the attention of some licensees who assisted with the holding of the events. Large events with licensed and unlicensed areas were held in places like the Adelaide Entertainment Centre, Thebarton Theatre and the Old Adelaide Gaol. Not all events were official, however the growing popularity meant patrons’ expectations were changing and key dates were becoming associated with particular venues or promoters.

In 1996 Drug and Alcohol Services SA (DASSA) in partnership with this Office, SA Police, SA Ambulance and, what was then, the Dance Music Industry Association (DMIA) collated existing legislation and advice from these agencies to create a single document of guidelines for hosting safer dance parties and raves. The guidelines were developed in response to the increasing popularity of events at that time and the evident risks to patrons if these events were not responsibly managed.

The Premier’s Drug Summit in 2002 set in motion a joint project which aimed to educate promoters, youth media (such as Fresh FM and Onion magazine), community groups and their audiences on initiatives to improve safety in dance party environments.

One of the major achievements of this project was the cooperation between DASSA, local promoters and youth media who contributed to the review of the dance party guidelines.

These guidelines recommend that dance parties and raves be held in licensed premises where

existing regulatory requirements ensure a high standard of health and safety in regard to the physical environment and patron safety.

The guidelines are grouped into easy to read recommendations and cover topics such as:

chill-out areas, amenities and other facilities

availability of drinking water and food

liquor licensing

venue capacity and crowd management

security / door staff and insurance

community education and consultation

emergency service consultation (Police, Ambulance, Fire, State Emergency Service)

transport options, traffic management and signage.

These measures are consistent with what is already expected in licensed venues. Hosting a safer dance party can be achieved by good communication between licensees and promoters. Ultimately both parties are working to the same end, to provide a good night out in the safest possible manner.

The guidelines are available from the DASSA website (publications section): www.dassa.sa.gov.au/webdata/resources/files/Dance_Party_Guidelines.pdf.

Licensees can also access information for effective alcohol and illicit drug

management policies from the DASSA web site(www.dassa.sa.gov.au).

Page 6 Licensee Update March 2007

EASTER TRADING HOURS 6th to 9th April 2007

LIQUOR LICENCES

Check your licence conditions for trading authorisations. If in any doubt then contact

this Office.

HOTELS & CLUBS

Good Friday:No ‘bar’ trade between midnight on the Thursday before Easter and 5.00am Easter Saturday, unless an extended trading authorisation is in force permitting trade until 2.00am on Good Friday

Liquor may be sold at any time with meals provided by the licensee in a designated dining area

Liquor may be sold at any time to a lodger

Easter Saturday:Normal trading from 5.00am

Easter Sunday/Monday:Normal trading

RESTAURANTS

Good Friday:Liquor may only be sold with meals provided by the licensee

Easter Saturday:Liquor may only be sold with meals provided by the licensee before 5.00am, otherwise normal trading

Easter Sunday/Monday:Normal trading

MOTELS (RESIDENTIAL)

Good Friday:Normal trading to a lodger - otherwise liquor may only be sold with meals provided by the licensee in a designated dining area to a non-lodger

Easter Saturday:Liquor may only be sold with meals provided by the licensee in a designated dining area to a non-lodger before 5.00am, otherwise normal trading

Easter Sunday/Monday:Normal trading

DIRECT SALES

No dispatch or delivery of liquor on Good Friday - otherwise normal trading.

PRODUCERS

Normal trading throughout this period

ENTERTAINMENT VENUES

Good Friday:No ‘bar’ trade between 9.00pm on the Thursday before Easter and 5.00am Easter Saturday, unless an extended trading authorisation is in force permitting trade until 2.00am on Good Friday

No trade between 9.00pm Good Friday and 5.00am Easter Saturday

Liquor may be sold at any time with meals provided by the licensee in a designated dining area

Easter Saturday:Normal trading from 5.00am

Easter Sunday/Monday:Normal trading

SPECIAL CIRCUMSTANCES

Check your licence conditions - if you have any queries about whether you can trade on the Thursday before Easter, Good Friday or Easter Saturday please contact this Office.

RETAIL LIQUOR MERCHANTS

Good Friday:No trading

Any other day over Easter:Liquor may be sold between 8.00am and 9.00pm each day or such period specifically authorised by the licensing authority as shown on the licence

WHOLESALE LIQUOR MERCHANTS

Good Friday:No retail trading

Any other day over Easter:Normal trading

GAMING MACHINE LICENCES

Gaming cannot be conducted at any time over the24 hour period of Good Friday.

If you have any questions regarding trading hours on Easter Saturday please check your licence conditions or contact this Office.

www.olgc.sa.gov.au March 2007 Licensee Update Page 7

OUR FESTIVAL STATE

KNOW THE CODE ... ATTENTION ALL BOOKMAKERS AND STAFF

Anzac day trading25th April 2007

Trading is as per the conditions of your licence

for a public holiday.

With the many upcoming festivities it is important to ensure that the conditions of your licence are understood and observed by all staff. Be vigilant about the presence of minors, the responsible service of alcohol and the responsible promotion of gambling products.

Clipsal5001st to 4th March 2007

Lowndes will be there … so will Skaife, the Kelly brothers, Courtney, Whincup, Winterbottom, Murphy, Tander and Ingall. They’re all coming to Adelaide for round one of the 2007 V8 Supercar Championship Series and according to motor racing’s legendary Murray Walker, it’s the greatest touring car event in the world!

Four fabulous days of V8 Supercar action, four massive on-circuit concerts, air displays, and the best support race program in the nation. More than 270,000 fans over four days can’t be wrong.

During the period of the Clipsal500 unrestricted

trading in liquor will be permitted throughout the State from 12.01 am on Tuesday 27 February to midnight Monday 5 March 2007 for hotels, clubs (including limited clubs) retail liquor merchants, restaurants, residential and special circumstances licence categories.

Limited clubs will also be able to supply liquor to an unlimited number of guests introduced bya member.

Please be aware that if there are any specific restrictions on the hours you may trade (including planning & development restrictions, but excluding extended trading authorisations) these will continue to apply to the hours which you may trade during this period.

Licensees are reminded that Police will have a wide ranging authority to direct licensees in respect of noise

or behavioural problems that may arise during this period.

NOTE: Extended gaming hours beyond those approved on the licence are not permitted.

With the 2007 Adelaide Cupand Oakbank Racing Carnivals

fast approaching, it is timely to remind all bookmakers and their staff of their obligations when accepting bets from patrons.

MinorsSection 60 of the Authorised Betting Operations Act 2000 prohibits bookmakers from accepting bets from minors.

If you suspect a patron to be underage, you must request and view a “proof of age card” or current driver’s licence before accepting the bet.

IntoxicationClause 6 of the Bookmakers Responsible Gambling Code of Practice requires bookmakers to take all practicable steps to prevent a person who appears to be intoxicated from placinga bet.

Signs of intoxication can include loud and boisterous behaviour, slurring or mistakes in speech, clumsiness (eg. fumbling with money), swaggering or swaying, a degree of confusion and a difficulty in responding to questions (see article on page 12 for more information).

If you have any doubts about your responsibilities please contact the Racing Services section on 8226 8600.

Kalgoorlie Two-Up school, 2002

Page 8 Licensee Update March 2007

COME IN SPINNER! is sometimes referred to as the “Digger’s gambling game”. It

has been played by our soldiers during war-time, particularly in the first half of the twentieth century, both on our shores and abroad. It may be said that the game portrays an essential part of our character and history.

Possibly a modified version of the 18th century English school-yard game ‘pitch and toss’, Australian records of the game can be traced back to the goldfields of the 1850s. Evidence of this is the Kalgoorlie (WA) ‘Two-up school’ which operated until 2002. The building (pictured below) still survives.

The game is associated with our national identity, forged during times of conflict and particularly the campaign leading up to Gallipoli. Its recognition as part of ANZAC Day commemorations is tribute to this.

1. Two pennies (originally King George pennies) were placed on a ‘kip’ (a flat board or wooden paddle) by the ‘ringer’ (person in control of the ring).

2. The ringer handed the loaded kip to a ‘spinner’ (person who tossed the coins).The ringer and spinner stood in the ring (a flat surface anywhere from 3 to 7 metres across, either circular or square).

3. The ‘boxer’ (usually the game or ‘kit’ owner) would sit outside the ring and act as manager of the game. He determined what currencies could be used and what the exchange rates were. He also called “come in spinner” to start the toss.

4. Bets were called on the outcome: HEADS (two heads) or TAILED-THEM (two tails). There would be much shouting and jostling around the ring.The spinner was always allocated ‘HEADS’.The ringer and the boxer would not bet, neither would the ‘cockatoo’ (the lookout).

5. The spinner tossed the coins up in the air. The coins must spin above the spinner’s head and land within the ring. The ringer determined if the toss was legal or a ‘foul toss’ (in which case the spinner had another turn). The process is repeated until a result is obtained.

6. If the toss was legal the ringer would call the result, money would change hands and it would all start again. The spinner could pass on the kip at anytime but had to pass it over if the result was ‘TAILED THEM’.

7. At the end of a game (which could last 3 or 4 hours) the players might ‘sling’ (give money to) the boxer as compensation for use of the kit and ring.

Originally bets were only placed on the outcome of a toss. However side bets were sometimes placed on other factors, such as whether the spinner could achieve a HEADS result in consecutive spins.

Playing for ‘odds’ is a recent addition to the game and was introduced in South Australia when the Casino was granted its licence in 1985.

In South Australia the SKYCITY Adelaide Casino is the only venue licensed, under the Casino Act 1997, to conduct the playing of Two-up. On 13 December 1985, the then Premier, John Bannon made the first official throw of the coins in the Two-up ring when declaring the Adelaide Casino open for business.

Outside of the Casino, the playing of Two-up is covered by Section 59AA of the Lottery and Gaming Act 1936.

The game can only be played on ANZAC Day, on the premises of a branch or sub-branch of the Returned Services League (RSL) or any premises owned or occupied by the Defence Forces of Australia.No licence is required.At any other time or place the playing of Two-up is illegal.

The Act prohibits, at any time:

payment for the right to participate in Two-up other than by the placing of bets.

commission on bets or winnings being given to any person whether or not a participant in the game

minors from playing Two-up (participants must be over 18 years).

For more information visit the Australian War Memorial site (http://www.awm.gov.au).

Strong policy and communication

Jeff Wright (President – MGDBL) & Noeleen Hendy (MGDBL) are presented with Level 3 Accreditation by Philippa Schacht (GOOD SPORTS)

www.olgc.sa.gov.au March 2007 Licensee Update Page 9

ACCREDITATIONS ARE GROWING

Good Sports also offers Responsible Service of Alcohol training (at reduced prices for clubs that are registered with the program).Courses will be held:

Monday 26th February at City of Salisbury Council Offices (Salisbury)Tuesday 6th March at Drug & Alcohol Services SA (Parkside)

For more information on course dates and registration contact Good Sports on 8274 3317 or visit the website.

••

The Good Sports program (managed by

Drug and Alcohol Services South Australia) works with community sporting clubs to create safer environments for participants, families and supporters by helping sporting clubs to manage the responsible sale and consumption of liquor. It is a national program operating in most states of Australia.

Over 200 community sporting clubs across metropolitan and regional South Australia are now benefiting from the program.

Now, thanks to the ongoing efforts of the staff and clubs involved, the Good Sports program in South Australia has recently accredited its first Level 3 club. Congratulations to Mount Gambier & District Baseball League (MGDBL).

Jeff Wright, MGDBL President says, ‘We are proud to be the first club in South Australia to achieve Level 3 accreditation.’

’We asked the question “How do we start to change the club culture?” The answer for our club was the Good Sports program.

We saw the program as being underpinned by a

clear mission, vision and values statement and strong policy and

communication. We saw how this could help turn our club around quickly.’

Jeff highlights the many benefits the league has experienced since joining the Good Sports program.’

‘Our club now has non-smoking club rooms and the responsible service of alcohol creates a more comfortable and family friendly environment. We have seen an increase in the number of volunteers, youth players and family spectators which has had a positive effect on our memberships and canteen takings.’

The league has now implemented safe transport strategies into their alcohol management policy. ‘As a sporting community collective we can do our bit in the reduction of accidents on our roads with responsible service of alcohol and encouragement of alternative travel arrangements,’ Jeff said.

‘We are confident these practices are making the Mt Gambier &

District Baseball League a better place to play sport and socialise.’

‘I would encourage all clubs to become involved in Good Sports and hope they experience the same problem we now have - how to fit the increased number of teams onto our current grounds!’

If your sporting club would like to find out more or get involved with Good Sports, please contact your local community partner by accessing the contact details provided on the OLGC website (via Community Programs) or by visiting www.goodsports.com.au.

Page 10 Licensee Update March 2007

FROM THE LICENSING COURT

OPEN FOR BUSINESS - HOTEL LICENCES

The following disciplinary actions under Section 120 of the Liquor Licensing Act 1997 were recently determined.

Newmarket Hotel

An associate of the former licensee was fined $3000

for assuming a position of authority as a shareholder in Adelaide City Entertainment Pty Ltd (former licensee of the Newmarket Hotel) without the approval of the licensing authority.

The director of the former licensee company has been disqualified from being licensed (or being approved under the Act) for:

permitting two unauthorised shareholders to be in a position of authority without approval

allowing an unlicensed person to be remunerated from business proceeds

contravening the Copyright Act 1968 by playing music without permission of the artists.

Great River Korean BBQ Restaurant

The licensee and its director were reprimanded for endangering

the safety, health and welfare of patrons by allowing the premises to deteriorate into a state of disrepair. This included allowing emergency exit lights to remain inoperable.

Other breaches included:not displaying the liquor licence at or near the main entrance to the licensed premises as required by Section 109 (1) of the Act

the sole director of the licensee company was not approved by the licensing authority as a person in a position of authority, contravening Section 98 of the Act.

The director of Leungmoon Pty Ltd (the licensee company) was fined a total of $8000. The company also received a reprimand.

Rise Nightclub

Disciplinary action was taken against the director

of Disco (SA) Pty Ltd (trading as Rise) for allowing two people to assume positions of authority without the approval of the licensing authority.

Following a Police investigation, it was shown that the director abdicated his obligations under the Act by allowing proceeds of the business conducted under the licence to go to unapproved persons.

The director has had his approval revoked. He is also disqualified from obtaining or holding a licence or being approved under the Act for a 15 year period.

Hotel licence conditions contain clear obligations

regarding trading hours and the provision of meals.

During recent visits by SAPOL’s Licensing Enforcement Branch, 12 hotels were found to be closed during obligatory trading hours.

Under Section 32(2) of the Liquor Licensing Act 1997 a hotel licensee is responsible for the licensed premises being:

open to the public for the sale of liquor on every day (except Good Friday, Christmas Day or Sunday) between 11am and 8pm

able to provide a meal, at the request of a member of the public, between noon and 2 pm and between 6pm and 8pm, on any day on which the licensed premises are open to the public for the sale of liquor.

If you wish to close your hotel for any reason, reduce your hours of trading or vary the requirement for the provision of meals, you may apply to this Office for an exemption under Section 32(3) of the Act.

The licensing authority may exempt the licensee from the obligation to keep the premises open, to an extent the authority considers appropriate in the circumstances.

Similarly, a licensee may be exempted from the requirement to provide meals if there are justifiable reasons.

These requirements of your hotel licence must be met unless (and until) an exemption has been given by this Office. In the June 2006 publication we provided detailed information about granting of exemptions.

Please refer to that edition, contact this Office or visit our website for further information.

www.olgc.sa.gov.au March 2007 Licensee Update Page 11

INSPECTORS’ REVIEW

Is your boardroom in order?Approval of committee members & responsible persons for clubs and limited clubs

Recent inspections by this Office have revealed that

there are persons in positions of authority in clubs, such as committee members, who are not approved by the licensing authority.

If you have a club or limited club licence you should be aware that:

It is a requirement of a Club Licence that all members of the Management Committee are approved under the Liquor Licensing Act 1997 as fit and proper persons to hold that position.

Each time a person is elected to the Management Committee an application needs to be sent to this Office for that person to be approved. Use a Person Approval at a Club form. The

application fee of $85.50 (plus $14.50 if a badge is required) is required with the application.

It is a condition of approval of a Limited Club Licence that the Liquor and Gambling Commissioner be notified of any changes to the committee.

If the Commissioner considers a committee member of a limited club not a fit and proper person to hold that position, he will notify the club and require that immediate action be taken to remove that person from the committee.

All clubs and limited clubs are required to have an approved Responsible Person on the premises at all times the club is open to the public (unless the club has an exemption under Section 97(2) of the Act).

A club should have enough responsible persons to cover its operations.

A Responsible Person can be either a committee or non committee member. The responsible person must wear the ID badge issued by this Office while on duty.

To be approved as a Responsible Person an applicant may be required to complete training in Liquor Licensing Laws and Responsible Service of Alcohol.

All forms and information sheets are available from this Office and on the website.

Hiring out of premises - what to consider.

In the case of a Club Licence the licensee is permitted to

supply liquor to non-members attending private functions at the club.

However, a Limited Club Licence only allows liquor to be supplied to a member of the club and up to five invited guests of a member on the licensed premises. Therefore, a club that holds a Limited Club Licence cannot cater for private functions under that licence.

A limited club has several alternatives to consider when contemplating hiring premises for private functions.

The club applies for a limited licence for the duration of the event, which requires that the normal limited club licence be suspended for that time. Responsibility for the event, in

this situation, lies solely with the club as limited licence holder.

The club applies to this Office for approval to suspend its normal trading licence and the person hiring the premises applies to this Office for the limited licence and takes on the responsibility of operating and managing the event.A limited licence must be obtained for an event which involves any of the following:

the sale of liquor

an admission fee or donation for entry is charged (even if the event is BYO liquor)

the requirement to pay for an item (eg. food or entertainment) and liquor is available.

»

»

»

The club applies for approval to suspend its limited club licence (and not operate within the terms of that licence) for the duration of the event. No limited licence for the event is required (by either the hirer or the club) if:

liquor is being provided for consumption (or BYO applies) at no charge to guests, andthere is no admission charge, donation or otherwise.

»

»

For more information about any of these options, or

other limited licence enquiries, contact our Limited Licence Officers on 8226 8410.

Page 12 Licensee Update March 2007

GAMING MACHINE ENTITLEMENTS - THIRD TRADING ROUND

RESPONSIBLE SERVICE OF ALCOHOL

The third round of the gaming machine entitlements trade

arising from the Gaming Machines (Miscellaneous) Amendment Act 2004 (Amendment Act) (the ‘third trade’) is to be held on 16 April 2007.

If you are currently the holder of a gaming machine licence, you should by now have received a Bulletin concerning the third trade, providing more detail about your eligibility, the trading process, and the requirements should you wish to participate. If you have not received the bulletin, you will find a copy of it on our website under “Gaming Administration” at www.olgc.sa.gov.au.

Licensees are reminded that the exemption allowing for the storage of machines in excess of gaming machine entitlements, under regulation 12 of the Gaming Machines Regulations 2005, will expire on 16 June 2007.

Further information about the trade, and the priorities associated with the trade, will be provided to all current gaming machine licensees in due course, together with a prescribed application form (please note that no applications will be accepted or processed prior to the commencement of the trade).

Please note that you do notneed to take any action at this time.

If you require any further information about this matter, please contact either Ms Paula Davies, Manager Gambling Administration, or Ms Natasha Neame, Gambling Administration Support Officer on (08) 8226 8410.

Disorderly behaviour is often a direct consequence of intoxication.

Be alert during festivities. The combination of excitement, heat and alcohol can create

difficult situations and opportunities for harm. As part of responsible service of alcohol your staff should be able to identify stages of intoxication, and know when to act or request assistance, to minimise risks to patrons.

Signs of intoxication & potential responses

Stage 1: May be aggressive and/or show signs of anxiety. Appears:

reasonably normal but excitablesteady on feet (balanced)reasonable hand-eye co-ordination, although may show signs of deliberate carefulnessclear speech & able to follow instructions

Monitor actions.

Stage 2: May be anxious or aggressive. Appears:slightly disorientated, not mentally alertsomewhat unsteady on feet (unbalanced)slurred speechsome difficulty following instructions

Keep calm. Steer away from drinking environment for a short time, may remain with trusted friend or family member, in a quiet area.

•••

••••

Stage 3: Greatly disorientated and anxious. May be aggressive and violent (or depressed). Appears:

unsteady on feet (wobbling and unbalanced)difficulty talking; incoherentdifficulty following instructions, slow responsesstrong alcohol breath and may vomitpoor co-ordination of eyes and limbsmay have breathing difficulties

If possible, remove from licensed area to a safe place - either into the care of trusted friend or family member. Monitor behaviour.

Stage 4: May have aggressive/defensive reactions, moody and may be crying. Appears:

very unbalanced (stumbling)unable to comprehend or follow instructionsstrong alcohol breathdifficulty breathingdrowsyincontinenteyes unfocused and limbs uncontrolled

Should not be left alone or allowed to remain in a vulnerable situation. Medical treatment may be required.

Stage 5: Medical care/attention required. Appears:comatose/unconscious

seriously unwell - vomiting continuallyno response, poor physical condition

Admit to a hospital or contact emergency service.

••••••

•••••••

••

www.olgc.sa.gov.au March 2007 Licensee Update Page 13

TOSS THE BOSS

ONE ROOM IS NOT ENOUGHReminder to venues operating with a gaming area

Voluntary checklists have been designed to assist you to understand and comply with legislative requirements.

It is recommended that audits be conducted on a regular basis(eg. every 3 or 4 months).

Copies of the checklists are available from our website(Forms & Publications section).

For further information on the checklists or any other gaming issues contact Gambling Administration on (08) 8226 8410.

SELF-ASSESSMENT COMPLIANCE

AUDIT CHECKLIST

Reminder to all liquor and gaming venues,

bookmakers,licensed racing clubs

and TAB outlets.

This game involves the flipping of a coin to determine if a patron wins a free drink.

Licensees should be aware that the SA POLICE Licensing Enforcement Branch considers that this game may be unlawful.

Section 51 of the Lottery and Gaming Act 1936 states that any game of chance that is played in a public place (licensed premises) may be unlawful if it involves coins, cards or tokens.

For example, playing poker in a hotel is unlawful whether played for money, matches, tokens or points. ‘Toss the Boss’ may be unlawful as it involves a coin to determine a winner.

Inspectors have recently noticed that some venues are operating with only their gaming

room open, particularly early in the morning (ie. before 11am).

Holders of a gaming machine licence are reminded that they are required to comply with the Attachment B conditions of their licence, specifically condition (y) which provides that:

The licensee must ensure that:any person who is not a minor, can purchase and consume a beverage

(whether alcoholic or not) in a designated gaming area without being required to play

gaming machines (provided the person is not the subject of a barring order made under

the Gaming Machines Act 1992 or Independent Gambling Authority Act 1995)

at all times when the premises are open to the public, a patron must be able to purchase and consume a beverage (whether alcoholic or not) in an area that is not the designated gaming area (ie. that includes an area where minors are permitted).

In summary, at all times when the premises are open to the public, a patron must be able to purchase and consume a beverage (whether alcoholic or not) in an area that is not the designated gaming area.To operate at any time with only the gaming room open is a breach of your licence which may result in the Commissioner taking disciplinary action againstthe licensee.

If you require any further information about this matter, please contact Gambling Administration on(08) 8226 8410.

‘Toss the Boss’ may also be considered similar to Two-up which is defined by the Act as an unlawful game. Any similar game may also be considered as an unlawful game, and therefore be in breach of Section 59.

For more information, please contact the Lottery Licensing section on 8226 8500.

Licensees should also consider whether this type of activity promotes the rapid and excessive consumption of alcohol, which would breach the Code of Practice under the Liquor Licensing Act 1997.

Photographs of Blinman Mine 1871 and North Blinman Hotel 1871 & 1936 used with permission from State Library SA; Photograph of North Blinman Hotel 1997 used with permission from SA Tourism Commission.

1936

1997

1871

Blinman Mine, 1871

Page 14 Licensee Update March 2007

THEN & NOW ...NORTH BLINMAN HOTEL

Situated 485km

north from Adelaide and only 60 km out from Wilpena - the pastoral town of Blinman is at ‘the top of the Flinders Ranges’ on the traditional land of the Andjnamutana people.

The town was named after Robert Blinman - a shepherd who discovered copper there. The town quickly became the location of the biggest copper mine in the Flinders.

Blinman mine (pictured below) was operated from 1859 until 1908. It survived through drought (1864 to 1868) snow in 1880 and fires in 1891. But in 1903 the focus of mining in the Arkaroola region was shifted from minerals to gems, such as rubies and sapphires, contributing to the decline of the copper industry.

Over the past 150 years the township has been a centre for horse races,

cricket matches, Aboriginal gatherings and even a golf tournament in 1908. Today the area still embraces tourism and the spirit of adventure.

In May the annual LandRover jamboree meets on this edge of the Flinders. The steep terrain, criss-crossed by dry creek beds and gorges, is perfect for enthusiasts - expert and novice alike. There is also an annual ‘cook out’ which involves a campfire cooking competition held over the October long weekend. This event is sponsored by the ‘local’: North Blinman Hotel.

North Blinman Hotel first opened in April 1869 to support the pastoralists and miners.

The exterior of the hotel was rendered in the 1920s and recent renovations (completed in 2002) combine modern facilities with charm from a ‘bygone’ era and outback character.

The bar area is of particular interest as it has been carefully

restored to reveal the original brickwork which was all locally made.

The hotel is a blend of history, modern convenience and perfect location. It is situated within easy reach of attractions such as the Brachina Gorge Geological Trail, Blinman Pools, Arkaroola Wilderness Sanctuary and the majestic Parachilna Gorge.

A fully licensed restaurant offers fine dining with modern Australian cuisine and a range of excellent beverages including some exclusive South Australian wines and beers. Blinman is a town where you can dine with panoramic views of the ranges and soak up the tranquillity.

OLGC staff, Darren Loffler & Kerrin Fleischfresser, at Police Expo 2006

DON’TLOSE YOURSTANDARDS

Alcohol

Alcohol

OLGC staff, Josie Manto & Sarah Hozierat Schoolies Festival ‘06

www.olgc.sa.gov.au March 2007 Licensee Update Page 15

COMMUNITY EVENTS

SAFER CELEBRATIONS

By raising awareness of responsible drinking

practices across the community, in particular involving young people, we hope to provide a safer partying atmosphere for everyone.

Staff from this Office have attended various events to promote the Safer Celebrations message, educating the public about the legislation and promoting the responsible consumption of alcohol.

is an event, organised by Encounter Youth, which aims to provide school leavers with a safe festival atmosphere to celebrate the completion of their secondary education. Over 100 police and 500 volunteers help to make Schoolies a safe and fun event for everyone, particularly the 10,000 young people who annually flock to the south coast.

OLGC staff headed down to Victor Harbor again this year to provide free drinking water, lollipops and information to encourage safer consumption of alcohol by young people.

A number of other health related agencies also attended the festival. Our staff observed young people having fun, enjoying each other’s company and meeting up with old friends. OLGC will continue to work with the Encounter Youth group to ensure that future Schoolies Festivals remain safe and fun.

was a fun-filled family day, held on 10 December at the Fort Largs Police Academy. OLGC staff members volunteered their time for this event, talking about liquor licensing regulations, handing out ‘safer celebrations’ packs and discussing community and parental responsibilities.

Of particular interest were the ‘beer goggles’ which simulated a BAC of .08. We asked patrons to put the goggles on and then participate in some simple tasks involving co-ordination. Patrons were surprised by the outcomes, which highlighted the dangers of drink driving.

‘It was interesting to hear what people thought the laws were and to then be able to educate them,’ one staff member commented. ‘Most people are really well informed about their responsibilities, some had even obtained limited licences in the past.’

At , our staff, along with volunteers from other agencies, braved the noise and crowds to provide a “Chill Safe Space” for those who wanted some relief from the hectic pace.

The event also provided an opportunity to remind patrons to celebrate safely.

If you would like to obtain a “Safer celebrations” pack (containing safe partying tips and standard drink information) please contact the Learning & Communications Unit on 8226 8463 or visit the Drug and Alcohol Services website www.dassa.sa.gov.au (Alcohol - go easy campaign)

OFFICE OF THE LIQUOR AND GAMBLING COMMISSIONER

Level 9, East Wing, 50 Grenfell Street, ADELAIDE SA 5000GPO Box 2169, ADELAIDE 5001Phone (08) 8226 8410Fax (08) 8226 8512Email [email protected]

Responsible service of alcohol

Remember, it is an offence to sell orsupply liquor to an intoxicated person.

,,

Liquor Licensing Act 1997, Section 108