Many people have concerns about the possible misuse of personal information. They worry that stored personal information could be hacked, stolen or inappropriately accessed or misused, causing harm through financial, credit card or identity fraud.
Licensees should ensure that they only collect the information that is necessary to implement the multi-venue barring policy, this helps to lower the risk of privacy complaints being lodged.
It is a matter for each licensee to determine their privacy obligations and each licensee must ensure they comply with State and Federal privacy laws.
We strongly recommend that an accord or licensee seeks independent legal advice before implementing a barring system.
NSW Privacy and Personal Information Protection Act 1998 (PPIPA): individual licensees are not bound by PPIPA and may collect, use and disclose personal information without breaching its terms. The NSW Police Force is also exempt from compliance with the PPIPA, except in relation to its administrative and educative functions.
This means that a licensee who is a member of a local liquor accord that bars a person from the venue may share the name of the person and a photograph with other licensees who are part of that liquor accord, without breaching the PPIPA (note that however, Commonwealth law may apply).
PPIPA does apply to public sector agencies such as the Secretary of the NSW Department of Customer Service and local councils, who are eligible to be part of an accord. It is recommended licensees exclude these agencies from personal information about barred persons.
Commonwealth Privacy Act 1988: Whilst NSW privacy laws are not generally applicable, some licensees may have obligations under the Commonwealth Privacy Act 1988. Under the Privacy Act, licensees with a turnover of more than $3 million are required to comply with the Australian Privacy Principles (APP) that restrict the collection and disclosure of personal information (Schedule 1 to the Act).
Particularly relevant, under APP 6, an organisation is prohibited from using or disclosing personal information about an individual for a purpose other than the primary purpose of collection. Where a multi-venue barring policy is in place, venues may be able to use and disclose an individual’s details provided that the information was primarily collected in order to implement this policy.
To remove any doubt, and to comply with other aspects of the APPs, patrons should be informed of this at the time of collection.
It is up to each individual licensee to assess whether they are required to comply with the APPs and, if so, to determine what steps need to be taken in this regard.
There is also nothing to prevent accord members agreeing that measures be taken to protect the privacy of the barred person, even if those measures are not legally required.
Tips for complying with the Privacy Act
- Tell people when you collect personal information what you expect to do with it.
- Use personal information only for the reason you collected it, or in ways people would think reasonable, unless:
- you have their consent
- have given them an opportunity to opt-out
- the use is authorised by another law.
- Share personal information only for the reason you collected it, or in ways people would think reasonable, unless you have consent or the disclosure is authorised by another law.
- If people ask, give them a chance to see any information you hold about them and keep personal information secure, accurate, and up-to-date.
- Take reasonable steps to secure the information.
- Destroy or de-identify the information when it is no longer required.
Under the Work Health and Safety Act 2011 and the Liquor Act 1992, liquor licensees have a legal obligation to provide a safe environment for patrons, staff and the areas surrounding their licensed premises.
Creating a safer environment will not only lessen the risk of legal, health and social concerns but people will see you are committed to the responsible service of alcohol. If increased safety is assured, patrons will want to spend more time at your venue which means more profit to you.
Providing a safe environment and 'preserving amenity'
Under a new section of the Liquor Act 1992 (section 142ZZB), a licensee or permittee must provide and maintain a safe environment in and around the premises and take all reasonable steps to ensure:
- use of the premises does not adversely affect the amenity of the nearby area
- behaviour of persons entering or leaving the premises does not adversely affect the amenity of the nearby area
- relevant offences in or around the premises are prevented where the licensee or permittee knows or has reason to believe the offence is being or about to be committed.
A 'relevant offence' is one that may be reasonably expected to have an adverse impact on the health and safety of a person in or around the premises or the amenity of the area in which the premises are located.
The new requirements relating to preserving amenity and preventing the commission of offences clearly state that a licensee is to take 'reasonable steps', requiring a licensee to act in a manner that would be considered 'reasonable' in ensuring the local area is not disturbed and to prevent offences from occurring. Note: The Commissioner for Liquor and Gaming will issue a guideline on these requirements to help licensees comply with their responsibilities.
Risk management resources
No more risky business is a ready-made safety audit tool for licensees to use when reviewing the safety in and around a licensed venue. You can use it to establish a risk profile of your business and assess whether your venue is complying with basic legislative requirements and licence conditions. 'No more risky business' can also be used by an externally-appointed safety auditor.
Safety issues
Important safety issues for licensees to consider include the following (click on any of the shaded items below for more information):
Monitor and record entertainment noise 3m from the source, every hour, to ensure it does not exceed the noise levels outlined on your liquor licence. When providing entertainment you can minimise potential community impact by closing the doors and windows of your premises.
A licensee who has earned the respect of patrons through fair treatment and a sociable, no-nonsense manner will have fewer problems and the support of other customers in dealing with problems, which do arise from time to time. You should aim at a balance between social interaction with patrons and detached
authority when trouble arises, so that everyone understands who will have the last word.
Measures to control patron behaviour
- Refuse entry to unduly intoxicated people and minors.
- Consider engaging a security firm to provide appropriately licensed personnel to avoid, reduce or address violent or otherwise poor patron behaviour.
- Discourage unsafe practices that are likely to cause harm.
- Do not allow people to leave your premises with open containers of alcohol, such as a stubbies, cans or glass. This could be interpreted as tolerating patron consumption of liquor in a public place or while driving, both of which are against the law. By allowing a patron to remove liquor you may also
be breaching the Liquor Act or a condition of your licence. - Supervise taxi ranks outside of your premises. If fights tend to break out among people waiting in line, pre-plan by advising the taxi company of your closure times. Can taxis be alerted prior to closing to be available for patrons?
- Discourage groups of people from lingering and keep noise levels to a minimum. Disturbing neighbours can result in reduced trading hours or cancellation of your licence.
Licensees may refuse service to patrons because the:
- law requires it (e.g. if the person is a minor or unduly intoxicated or disorderly)
- safety of the patron is in jeopardy (e.g. from the consumption of liquor)
- safety of others is in jeopardy (e.g. from the consumption of liquor by a particular patron)
- licensee considers it warranted (provided it is not discriminatory).
Read more about refusal of service.
A RAMP outlines how a licensee will manage the premises in a way that will minimise harm caused by alcohol abuse and misuse.
Consider displaying your RAMP on your premises. This will show your patrons you are committed to the responsible service of alcohol.
Read more about the requirements for a RAMP.
- Trained staff provide an appearance of professionalism which demonstrates your commitment to the responsible service of alcohol.
- Staff who are informed and well trained will be less likely to place you in jeopardy of losing your licence.
- Staff who are friendly and well-mannered create an atmosphere that patrons respond to positively, and can decrease the risk of patron and staff assaults.
- Run regular staff meetings to discuss issues (e.g. how they have dealt with difficult patrons, responsible service of alcohol, etc.).
- Ensure all staff take responsibility for monitoring patron behaviour and potential consumption of liquor by unduly intoxicated patrons.
- Ensure staff regularly clear away empty glasses and open bottles.
- Record incidents in the register of crowd controllers. This will be especially helpful if court proceedings are necessary.
- Ensure a staff member on duty has first-aid training to deal with emergencies such as heart attacks and even simple injuries such as sprained ankles, cuts from broken glass and heat exhaustion.