It is important to establish reasonable belief that a person is intoxicated before refusing service

Getting drunk and drunken behaviour is viewed to be a common and sometimes expected part of the drinking experience in Western Australia. Changing community acceptance of drunkenness and the problems that go with it is one of the most important parts of creating a less harmful drinking culture.

Creating support and expectations for licensed settings that encourage sensible drinking through the responsible service of alcohol is one strategy to assist in reducing alcohol-related problems on and off licensed premises.

In Western Australia, there are laws in relation to serving alcohol. A licensee, manager or employee (whether in paid employment or as a volunteer) are required to comply with these laws:

Responsible service laws help to reduce the likelihood that others will cause problems for you, your friends or your family.

How can I support responsible service of alcohol?

Can I be refused entry to a licensed premise or service of alcohol if I appear to be drunk?

Answer: Yes. If your speech, balance, coordination or behaviour is noticeably impaired it is reasonable for bar staff to believe that you are drunk and as such are supported by the law to refuse entry or service.

Is it an offence for bar staff to serve alcohol to me when I appear to be drunk?

Answer: Yes. It is an offence to sell or supply alcohol to a drunken person on licensed or regulated premises.

Isn’t it the individual‘s responsibility to stop drinking rather than it being up to the bar staff to refuse them service?

Answer: Alcohol is a drug that affects the central nervous system and brain function. Consuming alcohol can affect the drinker’s ability to think rationally and to reasonably deal with situations or their environment. Bar staff have a legal responsibility to refuse service of alcohol to people who are drunk.

Responsible Service of Alcohol Posters

A selection of posters has been developed for retailers. Select and download the posters which are relevant to your environment, from our Resources section.

In every Australian state there are laws that govern the serving of alcohol and what is required to refuse alcohol to an intoxicated person. They are designed to minimise the potential harm alcohol can cause, and ensure all patrons have a safe and enjoyable experience, wherever they may be.

As an employee who sells alcohol to customers, it is your responsibility to ensure you abide by your state�s Responsible Service of Alcohol (RSA) legislation. If you don�t, and are found to have breached RSA laws, you can be fined along with the licensed premises you work for. While each state is in control of its own RSA laws, having a duty of care by taking all reasonable steps to provide a safe environment for patrons and staff is the general theme. This means not allowing drunk or disorderly people into licensed premises, not serving anyone underage, and to refuse serving alcohol to people who are intoxicated.

What strategies can I use to refuse serving alcohol to someone?

For many people, the thought of refusing service of alcohol to a patron can cause a level of anxiety and stress. Patrons can become agitated if they are refused service, and in some instances, the situation has the potential to escalate into aggression and violence. However there are ways to approach the situation that will ensure you are covered legally, and reduce the chances of the situation becoming dangerous.

1. Early intervention� � Be aware of your surroundings, and take note of people who are heading towards intoxication. Subtly and tactfully inform them they will be refused service if their behaviour deteriorates, and they could be asked to leave.

2. Seek assistance � Before approaching any intoxicated patron, seek approval and assistance from your manager and security staff. This will ensure you are covered should anything go wrong, and if it�s your first time in a situation like this, provide you with guidance so you learn how to deal with them in the future.

3. Be patient and polite � Confidently but politely inform the patron that you can no longer serve them alcohol. Don�t call them names, stay calm and don�t raise your voice. To reinforce the point, you should:

• Clearly explain the reason for the refusal
• Use props such as information posters to back up your refusal
• Explain the law and what it could mean to you if you continue to serve them

4. Don�t delay � If you decide they�ve had enough alcohol, don�t delay your decision to refuse serving them alcohol. Don�t let them finish their drink hoping they will then leave of their own accord, or giving them one last drink. This is not compliant with RSA legislation and you could be held legally accountable.

5. Offer them a drink and an olive branch � Ask them if they would like a non-alcoholic to drink, and reassure them that you will be happy to serve them again in the future (unless they are a repeat offender).

6. Offer assistance � Ask them if they�d like you to call a friend or taxi to get them home. The friendlier you are, and the more supportive you are, the less likely they are to get angry and become aggressive.

7. Ensure the patron leaves within a reasonable period of time � Once a patron becomes intoxicated they must leave the premises and not be allowed back in. While they may have accepted your offer of a non-alcoholic drink, they will still need to leave. It�s your responsibility to ensure they leave safely and do not loiter outside.

8. Keep a record of the incident �� Once the patron has been safely removed from the premises, record the details of what happened in writing. This should include the reasons for refusal of service, what was said by everyone involved, what actions were taken, and if there was any aggressive behaviour. Once you�ve written down the details, ensure management witnesses and signs off on it.

If you refuse serving of alcohol, all parties have rights to be respected

As long as you�re confident in your reasons for refusing service of alcohol, and those reasons are not discriminatory in any way, you have the right to continue with the course of action you�ve decided to take. However, you must be aware that the patron also has rights, and can take the matter to the state�s anti-discrimination commission if they think they�ve been treated unfairly because of their sex, religion, race, or any other form of discrimination.

When you start working at a licensed premises, seek out the venue�s refusal to serve alcohol policy and study it. Knowing how to manage these situations before they occur will ensure you have the best chance of securing a positive outcome for everyone involved. Complete your RSA course (SITHFAB201 – Provide Responsible Service of Alcohol)�online now and obtain your competency card without delay!

At some point all licensees, permit holders and their employees will have to decide whether to refuse to serve alcohol to a patron, or prevent a patron from drinking alcohol.

Before refusing to supply a person with an alcoholic drink, or stopping a person from drinking, we recommend that your staff member engages in a conversation with the person suspected of being unduly intoxicated.

Speaking to a person helps to identify possible causes for signs of intoxication, which is important in meeting your obligations under the Liquor Act. It also ensures that a patron is not being unlawfully discriminated against (based on mental or physical impairment, for example).

Licensees, as part of their risk-assessed management plan, may have a written policy that deals with 'refusal of service'. This gives staff a clear understanding of their responsibilities and the steps to take when refusing to serve patrons. It is important for staff to deliver a consistent message that all patrons understand.

The following are some suggested 'do's and don'ts' of service refusal.

Do's of service refusal

• Do be polite and avoid value judgements. Use tact – politely inform the patron you will not serve them any more alcohol.
• Do point to posters/signs behind the liquor service point to reinforce your decision.
• Do explain the reason for refusal of service (e.g. showing signs of being unduly intoxicated).
• Do offer (if appropriate) non-alcoholic beverages instead, or to phone a taxi or a friend to drive them home. It is harder to get angry with someone offering to do something for you.
• Do make sure that they leave the premises safely and that they do not hang around outside.
• Do enter incidents relating to refusal of service in a log book, especially those involving threats or aggression.
• Do advise management and other bar staff that the person has been refused service to ensure they are not served liquor by someone else.

Don'ts of service refusal

• Don't call your patron a 'drunk' – warn them politely that their behaviour is unacceptable.
• Don't be persuaded to give them 'one last drink' after you have stated that they have had enough.
• Don't agree to let the person finish their drinks (it is an offence under the Liquor Act to allow a minor or unduly intoxicated or disorderly person to consume liquor on licensed premises).
• Don't raise your voice. If they raise theirs, lower yours.
• Don't put off refusal hoping that the patron will leave after the next drink - act while the patron can still be reasoned with.
• Don't judge other people.
• Don't think the matter is over because you have verbally addressed it.

When an unduly intoxicated patron remains on premises

While licensees are responsible for preventing a patron from becoming unduly intoxicated, it is not an offence against a licensee if an unduly intoxicated person remains on the licensed premises, provided they are closely monitored.

As the licensee is responsible for maintaining a safe environment in and around their venue, they should ensure that an unduly intoxicated patron is closely monitored and carefully managed so that the patron:

• has no further access to alcohol
• does not adversely affect the amenity of the nearby area.

Managing unduly intoxicated patrons on premises

Managers should always support the decision of their staff in refusing service to a patron they believe is unduly intoxicated. Overruling a staff member's decision in one situation increases chances of an unduly intoxicated person being served or drinking alcohol in the future. This can increase the risk of significant penalties for the staff and licensee, permit holder or approved manager.

Managing unduly intoxicated patrons must be done assertively and respectfully. If you identify an unduly intoxicated patron is with a friend, consider engaging with that friend to:

• advise that their friend is not going to be served any more alcoholic drinks
• explain why
• seek their assistance in getting the unduly intoxicated patron home safely.

Licensees are afforded some discretion when dealing with intoxicated patrons. For example, you may be concerned that by evicting an intoxicated patron they may not be capable of getting themselves home safely. In situations like this you may choose to:

• allow the patron to wait for friends to finish their drinks before taking them home
• allow the patron to wait for a spouse or friend to collect them, or for a staff member to finish duty before taking the patron home
• provide them with water, coffee, food and time to sober up before tackling public transport.
Caring for a patron after service is refused does not 'balance out' the harm in serving a person to a state of undue intoxication.

Removing unduly intoxicated patrons from the venue

A licensee or permit holders and/or their staff or agent can refuse entry or ask a person to leave if they are unduly intoxicated. If you ask a patron to leave the licensed premises, because they are unduly intoxicated, they must do so immediately. It is an offence for a drunk person to be on a licensed premises.

It is an offence for a patron to fail to leave the premises after being asked to leave, or to enter the premises after being refused entry. In this case, the licensee or permit holders and/or their staff or agent may use necessary and reasonable force to remove the patron.

When OLGR or police identify unduly intoxicated patrons in a licensed venue

If an unduly intoxicated person is found in a venue, police or Office of Liquor and Gaming Regulation (OLGR) investigators will ask:

• why the patron is there
• how they reached their current state
• what action is being taken.

A police officer or OLGR investigator may form the view that the circumstances, and the intoxication level of the patron, may warrant further action.

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