Addressing the harmful use of alcohol - WHO Western Pacific Region

4. Regulating availability
Including these matters in the criteria for granting a licence requires them to be addressed by
licensees in their application for a licence, thereby becoming part of the conditions on which
the licence is held (see Suggested Criteria p. 47).
In addition, legislation often includes requirements or offences related to the control of unruly
or violent behaviour on licensed premises. For example, police may have the power to close
licensed premises for 24 or 48 hours in the case of riot. It may be an offence for licensees to
permit intoxicated, unruly or violent persons on the premises, in which case they and their staff
will need the necessary powers to refuse to admit or to eject the person, such as a definition
of reasonable force, trespass procedures or other means appropriate to the country’s legal
system.
Table 4.10 : Legislative examples
Liquor Act, New South Wales (2007)
Requirement to provide food on licensed premises
1) Liquor may only be sold or supplied on the licensed premises to which an on-premises
licence relates if food of a nature and quantity consistent with the responsible sale, supply
and service of alcohol is made available whenever liquor is sold or supplied under the
authorization of the licence.
2) If any requirements are prescribed by the regulations in relation to the nature and quality of
any such food, those requirements must be complied with.
3) Subsection (1) is subject to such exceptions as may be approved by the Authority in relation
to any particular licensed premises.
Prevention of excessive consumption of alcohol on licensed premises
1) A licensee must not permit:
a) intoxication, or
b) any indecent, violent or quarrelsome conduct, on the licensed premises. Maximum
penalty: 100 penalty units.
2) A licensee or an employee or agent of a licensee must not, on the licensed premises, sell or
supply liquor to an intoxicated person. Maximum penalty: 100 penalty units.
3) A person (other than a licensee or an employee or agent of a licensee) must not, on licensed
premises, supply liquor to an intoxicated person. Maximum penalty: 100 penalty units.
4) If an intoxicated person is on licensed premises, the licensee is taken to have permitted
intoxication on the licensed premises unless the licensee proves:
a) that the licensee, and the licensee’s employees or agents, took the steps set out in
subsection (5) or all other reasonable steps to prevent intoxication on the licensed
premises, or
b) that the intoxicated person did not consume alcohol on the licensed premises.
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