SAMPLE. NSWTOPL002A Comply with hotel law and legal requirements. Learner guide. NSW Accredited Unit of Competency. Version 1.0

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1 NSW Accredited Unit of Competency NSWTOPL002A Comply with hotel law and legal requirements Learner guide Version 1.0 Training and Education Support Industry Skills Unit Meadowbank Product code 5586

2 Acknowledgments TAFE NSW Training and Education Support, Industry Skills Unit Meadowbank would like to acknowledge the support and assistance of the following people in the production of this learner guide: Writers and Contributors We would like to thank the NSW Office of Liquor, Gaming and Racing for their time, advice, assistance in the development and quality assurance of this unit and the resources provided. Steve Winbank, TAFE NSW Northern Sydney Institute, Ryde College Rod Slater, Slater and Alias Solicitors Reviewer Buck Findlay, TAFE NSW Western Sydney Institute Open Training and Education Network Project Manager Julie Gay R/Education Programs Manager Training and Education Support Industry Skills Unit, Meadowbank TAFE NSW Enquiries Enquiries about this and other publications can be made to: Training and Education Support Industry Skills Unit, Meadowbank Meadowbank TAFE Level 3, Building J, See Street, MEADOWBANK NSW 2114 Tel: Fax: TAFE NSW (Training and Education Support, Industry Skills Unit Meadowbank) 2012 Copyright of this material is reserved to TAFE NSW Training and Education Support, Industry Skills Unit Meadowbank. Reproduction or transmittal in whole or in part, other than subject to the provisions of the Copyright Act, is prohibited without the written authority of TAFE NSW Training and Education Support, Industry Skills Unit Meadowbank. ISBN: TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 3 of 94

3 The information provided is designed and intended to present general information on legal topics and to the best of the knowledge of TAFE NSW is current at the time of publication. The contents do not constitute legal advice, are not intended as a substitute for legal advice, and should not be relied upon as such. You must not rely on the information provided as an alternative to legal advice from your lawyer or other professional legal services provider. If you have any specific questions about any legal matter you should consult your lawyer or other professional legal services provider. Page 4 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

4 Table of contents INTRODUCTION... 9 UNIT OF COMPETENCY OVERVIEW Unit description Unit elements and performance criteria Required skills and knowledge Assessment SECTION 1 HOTEL LAW AND LEGAL REQUIREMENTS TYPES OF LAW HISTORY OF NSW LIQUOR AND GAMING LAWS LIQUOR ACT (2007) Objects of the Act P1 s Terms and definitions used within the Act P1 s GAMING MACHINE ACT (2001) Harm Minimisation s Definitions s LIQUOR AND GAMING REGULATORS NSW Office of Liquor, Gaming and Racing (OLGR) Casino, Liquor and Gaming Control Authority (CLGCA) Director-General Compliance officers NSW Police LIQUOR ACCORDS LA P Local solutions for local liquor problems Establishing a local liquor accord LA s Eligible parties in a local liquor accord LA s Funding of liquor accords LA s SECTION 2 HOTEL LICENCE FEATURES AND CONDITIONS HOTEL LICENCE P3 D General provisions of a hotel licence LA s Trading hours LA s Extended trading authorisation LA s Restrictions on granting extended trading authorisation LA s Miscellaneous conditions LA s SPECIAL LICENCE CONDITIONS LA S Daily 6 hour closure/licence freeze Incident Registers LA s DISCIPLINARY COMPLAINTS AND ACTION LA P Disciplinary investigations and inquires LA s Grounds for making complaint LA s Disciplinary powers of the Authority LA s Disciplinary action LA s Licence conditions for declared premises LA s SECTION 3 LICENCE APPLICATIONS AND GRANTING OF LICENCES BECOMING A LICENSEE IN NSW LA P4 D Applying for a hotel licence LA s Disclosure of persons interests LAP3 D TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 5 of 94

5 Corporate Licence LA s Removal of licence to other premises LA s Transfer of hotel licence LA s Reporting responsibilities LR c COMMUNITY IMPACT P4 D2 S Advertising the application for a licence LR c SECTION 4 REGULATIONS AND CONTROL OF AN ON-PREMISES VENUE CONTROL OF BUSINESS P4 D Absence of licensee LA s Transfer of licence LA s Cessation and resumption of trading LA s Temporary premises LA s REGULATION OF LICENCES PREMISES P Conduct on licensed premises P5 D Prevention of excessive consumption of alcohol LA s Production of licence on licensed premises LA s Prohibition on extension of credit for gambling LA s Misrepresentation or misdescription of credit transactions LA s Sale of stolen goods and possession, use or sale of drugs on licensed premises LA s Directions to licensees and staff of licensed premises LA s Venue dress code LA s EXCLUSION OF PERSONS FROM LICENSED PREMISES P5 D Self-exclusion of patrons from licensed premises LA s Non-voluntary exclusion LA s Banning orders LA s Disturbance complaints LA s Closure orders LA s82 to s LATE HOUR ENTRY DECLARATIONS LA P4 D Late hour entry declaration LA s Effect of late hour entry declaration LA s Relevant provisions LA s89-s Entry curfews LA s RESPONSIBLE SALE AND PROMOTION OF LIQUOR LA P Availability of free drinking water LR c After hours trading LA s Take-away liquor outside trading hours LA s Sale of undesirable liquor products LA s Undesirable liquor promotions LA s Sale of liquor via the internet or other media LA s SECTION 5 PROVISIONS RELATING TO MINORS MINORS CONSUMING LIQUOR LA P7 D Offences relating to sale/supply of liquor to minors LA s Offences relating to consumption by minors LA s Minors selling/supplying liquor on license premises LA s MINORS ON LICENSED PREMISES LA P7 D Definition of a bar area LA s Minor s authorised areas LA s Alcohol-free entertainment for minors in hotels LA s Minors must be refused entry to licensed premises LA s OTHER PROVISIONS IN RELATION TO MINORS P7 D Page 6 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

6 Minors required to provide information LA s Minors must not use false evidence of age LA s SIGNAGE Mandatory signs Signs to be displayed Breath Analysis Equipment LA s Liquor licence LR c Name of the premises LR c SECTION 7 GAMING MACHINE REGULATIONS OPERATION OF GAMING MACHINES IN HOTELS GMR C Hotel gaming rooms GMR c Local Impact Assessment (LIA) GMR c Transfers of poker machine entitlements GMA s CENTRALISED MONITORING SYSTEM GMR PART 8 D Fees and consequences of non-payment GMR P Responsible gambling GMA s Self-exclusion GMA s OTHER PROVISIONS RELATING TO GAMING MACHINES Records and requirements relating to prize winners GMA s47b Authorised progressive gaming machines and systems GMR c Hotel player cards, accounts and machine gaming tickets GMR P Participation in player reward schemes GMR s Player accounts GMR c Player activity statements GMR c Weekly account limits GMR c Disclosure of information in relation to players GMR c Gaming machine tickets GMR P Records of gaming machine tickets GMR c Redemption of gaming machine tickets GMR c Records to be made on redemption GMR c SECTION 8 ADDITIONAL LEGISLATIVE AND REGULATORY REQUIREMENTS ADDITIONAL LEGISLATIVE CONSIDERATIONS Security Industry Act (1997) and Security Industry Amendment Act (2005) Public Health (Tobacco) Act (2008) Work Health and Safety Act (2011) ADDITIONAL REGULATORY CONSIDERATIONS Local Government regulations Insurance Food laws in NSW About HACCP Consumer protection CONCLUSION SECTION 9 ATTACHMENTS INTOXICATION GUIDELINES LIQUOR PROMOTION GUIDELINES LIQUOR ACTIVITY OR PROMOTION RISK ASSESSMENT GUIDE SECTION 10 REFERENCE LIST Texts and journals TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 7 of 94

7 Websites RESOURCE EVALUATION FORM Page 8 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

8 Section 1 Hotel law and legal requirements Types of law In Australia there are two types of law: Common Law Common law is established by the courts. Common law comes from decisions made by the courts using previous case decisions as precedents. Parliament (Statute Law) There are two levels of parliament, Federal and State. Federal Parliament in Canberra and State Parliament in the capital city of each State and Territory. Statute Law produces the Acts and Regulations that are passed by the Parliament or approved by the Governor General. Federal Government has exclusive power to pass certain laws such as defence, immigration and certain taxes, e.g. tobacco, liquor and petrol. Abbreviations used in these notes P D s c = part of an Act, e.g. P1 = division of a part of an Act, e.g. P3 D2 = part of a section in an Act, e.g. s32 = clause in Legislative Regulations, e.g. c32 GMA = Gaming Machines Act, GMR = Gaming Machines Regulation, GMTA = Gaming Machines Tax Act 2001 LA = Liquor Act 2007 LR = Liquor Regulation 2008 OLGR CLGCA DG CIS LIA = Office of Liquor, Gaming and Racing = Casino, Liquor and Gaming Control Authority = Director-General = Community Impact Statement = Local Impact Assessment TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 17 of 94

9 History of NSW Liquor and Gaming Laws While the majority of people consume alcohol responsibly, Governments have always recognised the negative impact that alcohol can have on the community. As a result the sale and supply of liquor is appropriately controlled, and sanctions apply where licensed venues are poorly run and irresponsible liquor serving occurs such as intoxication (i.e. drunkenness) and minors obtaining liquor. For example the Liquor Act (1912) stated that a licensee was prohibited from permitting drunkenness on the licensed premises and the onus was on the licensee and employees to establish that they took all reasonable steps to prevent the drunkenness. Nearly a century on this requirement is still in the NSW liquor laws. Until the 1970s, registered clubs were regulated under the Liquor Act (1912). In 1976, the Registered Clubs Act was introduced in response to community concerns about the management of clubs and the inappropriate use of members' property. The Registered Clubs Act commenced on 1 July The Act contains an extensive range of controls applying to the management of registered clubs, and the sale and supply of liquor on club premises. Since the Liquor Act (1982) and the Registered Clubs Act (1976) were introduced, there have been many significant amendments made in response to changing community attitudes and Government policy regarding the operations of hotels and licensed venues. In 1996 both Acts were changed to introduce "harm minimisation" (i.e. minimising the harm associated with the misuse and abuse of liquor) as a primary object of both Acts. The move to a harm minimisation approach in the liquor laws followed increasing concern about the extent of alcohol-related crime and violence - particularly in and around licensed venues. In 2008, new liquor laws commenced, further strengthening harm minimisation controls over the way liquor is sold and consumed and consolidated the regulation of liquor in all premises, including registered clubs, into one Act the Liquor Act (2007). The Liquor Act (2007) and Liquor Regulations were designed to provide reforms for a number of industry sectors, including changes to trading entitlements and a more streamlined and flexible approach to licensing. NSW gaming laws came in effect in 2001 with mandatory training of hoteliers, managers and staff of hotels and registered clubs in New South Wales operating gaming machines with the aim of encouraging a responsible, caring and professional approach to the responsible conduct of gambling. The Gaming Machine Act (2001) and the current Gaming Regulations provide a framework to minimise harm associated with the misuse and abuse of gambling activities and foster responsible conduct in relation to gambling as well as ensuring the prudent development and integrity of the gaming industry. Page 18 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

10 The NSW gaming machine laws require hoteliers, secretary managers and gambling providers generally to consider the broader implications of their gambling businesses, and the possible effects on the surrounding community. Social responsibility is essential to minimise the harm associated with problem gambling and to foster venues where responsible gambling is not only promoted but also accepted as best practice. Both Acts and Regulations place obligations on the Office of Liquor, Gaming and Racing, the Casino, Liquor, Gaming Control Authority, the Director-General, the Commissioner of Police, police, compliance officers, licensees and others in regard to responsible practices in the sale, supply, service and promotion of liquor and the prevention of activities that encourage misuse or abuse of alcohol and the provision of responsible gaming practices with its emphasis on reducing harm associated with problem gambling. Liquor Act (2007) Objects of the Act P1 s3 A primary object of the Liquor Act is harm minimisation, that is, the minimisation of harm associated with the misuse and abuse of liquor (such as harm arising from violence and other anti-social behaviour). Other primary objectives are: (a) to regulate and control the sale, supply and consumption of liquor in a way that is consistent with the expectations, needs and aspirations of the community (b) to facilitate the balanced development, in the public interest, of the liquor industry, through a flexible and practical regulatory system (c) to contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries. Terms and definitions used within the Act P1 s4 "accommodation premises" means premises that provide temporary accommodation to travellers and includes a bed and breakfast establishment, but does not include a boarding house, lodging house, nursing home, caravan park. "adult" means a person of or above the age of 18 years. "Authority" means the Casino, Liquor and Gaming Control Authority constituted under the Casino, Liquor and Gaming Control Authority Act "bar area", in relation to a hotel or club premises, means any part of the hotel or club premises in which liquor is ordinarily sold or supplied for consumption in the hotel or on the club premises, but does not include: TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 19 of 94

11 (a) a dining area in the hotel or on the club premises, or (b) any part of the hotel in which liquor is, sold or supplied exclusively to residents, or (c) any part of the hotel in which a minors area authorisation or minors functions authorisation is in force. or (d) any part of the club premises in respect of which an authorisation under section 22 of the Registered Clubs Act 1976 specifying the part as a nonrestricted area is in force, or (e) any part of the club premises in respect of which: (i) has a junior members authorisation under section 22A of the Registered Clubs Act 1976 (ii) has a club functions authorisation under section 23 of that Act. "beer" means liquor that is beer, ale, lager, pilsener, porter, stout or any other fermented malt liquor or any fermented liquor made from hops or that for the purposes of sale is held out to be beer. "close associate" means a close associate within the meaning of the Casino, Liquor and Gaming Control Authority Act "club premises" means the premises to which a club licence relates. "dining area", in relation to licensed premises, means a part of the licensed premises used permanently and primarily for the consumption of meals at tables. "Director" means the Director-General. evidence-of-age document means any of the following documents that bears a photograph of the person and indicated (by reference to the person s date of birth or otherwise) that the person has attained a particular age, but does not include any such document that has expired or otherwise appears not to be in force: (a) a motor vehicle driver or rider s licence or permit issued by the Roads and Traffic Authority or by the corresponding public authority of another State or Territory or under the law of another country (b) a Photo Card issued under the Photo Card Act 2005 (c) a proof of age card (however described) issued by a public authority of the Commonwealth or of another State or Territory for the purpose of attesting to a person s identity and age (e) an Australian or foreign passport (f) any other class of document prescribed by the regulations for the purposes of this definition. Page 20 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

12 "financial institution" means a bank or authorised deposit-taking institution "function" means any dinner, ball, convention, seminar, sporting event, race meeting, exhibition, performance, trade fair or other fair, fete or carnival, or any other event or activity, that is conducted for public amusement or entertainment or to raise funds for any charitable or other purpose and, in relation to a surf lifesaving club, includes any gathering of members of the club (and their guests) organised by the club for social "hotel" means the premises to which a hotel licence relates. "hotelier" means the holder of a hotel licence under this Act. "inspector" means an inspector within the meaning of the Casino, Liquor and Gaming Control Authority Act "licensed premises" means the premises to which a licence relates. "licensee" means the holder of a licence. "liquor" means: (a) a beverage which, at 20Â Celsius, contains more than 1.15% ethanol by volume, or (b) anything that is not a beverage referred to in paragraph (a) but, for the purposes of sale, is held out to be beer or spirits, or (c) any other substance prescribed by the regulations as liquor. "local consent authority", in relation to licensed premises or proposed licensed premises, means: (a) the local council in whose area (within the meaning of the Local Government Act 1993) the premises are, or will be, situated, or (b) if consent to the carrying out of development on the land concerned is required from a person or body other than the council--that person or body. manager" of licensed premises means: (a) a person appointed by the licensee under section 66 to manage the licensed premises, or (b) in the case of a registered club that has only one set of premises--the secretary of the registered club. "minor" means a person who is under the age of 18 years. "owner" of premises means the person entitled to the rents or profits of the premises. TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 21 of 94

13 "person authorised to sell liquor" means: (a) a licensee (b) a person who is authorised by the law of another State or Territory to sell liquor (c) any person who sells or supplies liquor (whether in New South Wales or elsewhere) but is not required by this Act to hold a licence in respect of the sale or supply of liquor in New South Wales. "premises" includes: (a) a building or structure, or (b) land or a place (whether built on or not), or (c) a vehicle, vessel or aircraft. public entertainment venue means any of the following: (a) a cinema (b) a theatre (c) premises in respect of which the primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment. "resident" of licensed premises means a person (other than the licensee) who resides, or is staying overnight in, a part of the premises that has been set aside for the purposes of accommodation. "responsible adult", in relation to a minor, means an adult who is: (a) a parent, step-parent or guardian of the minor (a) parent, step parent or guardian of the minor (b) the minor's spouse or de facto partner (c) for the time being standing in as the parent of the minor. "responsible person" for licensed premises means any of the following: (a) the licensee (b) the manager of the premises (c) an employee or agent or person acting on behalf of the licensee or manager. Page 22 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

14 Gaming Machine Act (2001) Harm Minimisation s3 Under a hotel licence, separate approval by the Casino, Liquor & Gaming Control Authority can be sought for a hotel to operate up to 30 gaming machines. Again the primary object of the Gaming Machine Act is harm minimisation, that is, the minimisation of harm associated with gambling and the responsible conduct of gambling activities that operates in a hotel. Other primary objects of the Gaming Machine Act are: (d) the fostering of responsible conduct of gambling activities (e) the reasonable development (in the public interest) commitment to the integrity of the gaming industry. Definitions s4 approved gaming machine means an approved poker machine or an approved amusement device. approved poker machine means a poker machine declared under section 64 to be an approved poker machine and includes: (a) any subsidiary equipment approved by the Authority for use in connection with the poker machine (b) any component of the poker machine (other than a component prescribed by the regulations as not being part of the poker machine). Authority means the Casino, Liquor and Gaming Control Authority constituted under the Casino, Liquor and Gaming Control Authority Act centralised monitoring system (or CMS) means a system that: (a) monitors the operation and performance of approved gaming machines (b) facilitates the calculation and collection of tax under the Gaming Machine Tax Act 2001 that is payable in respect of approved gaming machines (c) is capable of performing other related functions. financial institution means: (a) a banking business within the meaning of the Banking Act 1959 of the Commonwealth or a bank constituted under a law of a State or Territory (b) a building society within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012 Page 23 of 94

15 (c) a credit union within the meaning of the Financial Institutions (NSW) Code or a law of another State, or of a Territory, that corresponds to that Code. gaming machine area in relation to a registered club, means any part of the premises of the club in which approved gaming machines are located. operate an approved gaming machine includes use or play the gaming machine. poker machine means a device that is designed: (a) for the playing of a game of chance or a game that is partly a game of chance and partly a game requiring skill (b) for paying out money or tokens or for registering a right to an amount of money or money s worth to be paid, and includes any subsidiary equipment. subsidiary equipment means: (a) centralised cash control equipment (b) any equipment, device or system (or any component of a system) that affects: (i) the playing or result of any game playable on a poker machine or approved amusement device, or (ii) the meters of a poker machine or approved amusement device, and includes any other equipment, device or system prescribed by the regulations. Page 24 of 94 TAFE NSW (Training & Education Support, Industry Skills Unit Meadowbank) 2012

17978 Hotel Licensees Course. Complete package of 3 resources SAMPLE

17978 Hotel Licensees Course. Complete package of 3 resources SAMPLE Resource package 17978 Hotel Licensees Course Complete package of 3 resources NSWTOPL002A Comply with hotel law and legal requirements SITHFAB009A Provide responsible service of alcohol SITHGAM006A Provide