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Intro

Disclaimer

This policy is designed to provide information in regard to the subject matter covered, and with the understanding that the Director of Liquor Licensing is not passing legal opinion, interpretation or any other professional advice. The information is provided on the understanding that all persons accessing it undertake responsibility for assessing the relevance and accuracy of its contents.

Background

A BDR is a register of people who are prohibited by current legislation from purchasing packaged (takeaway) liquor from some or all licensed premises in Western Australia. The BDR is maintained by the Department of Local Government, Sport and Cultural Industries (DLGSC) and information held within the register is subject to the DLGSC’s information security and privacy protocols and will only be released in accordance with relevant provisions of the Liquor Control Act 1988 (the Act) or other relevant and applicable legislation.

Trials of the BDR in the Pilbara and Kimberley will be operating for an initial period of 2 years. The trials are intended to prove the technical delivery and effectiveness of the BDR and provide evidence of the longer term potential of the system to complement or replace other strategies to reduce alcohol related harm such as population based liquor restrictions.

The BDR is a significant new initiative intended to target problem drinkers more effectively by reducing their access to takeaway liquor.

The trial of the BDR is an initiative that has the broad support of the State Government and the liquor industry and will be conducted on a voluntary basis. For the trial to be effective it is important that licensees that sell packaged liquor in the relevant regions participate fully in the trial and that the operation and conduct of the BDR is in accordance with this policy and other guidance material provided by DLGSC from time to time.

Currently there are two legislative mechanisms that provide for people to be placed on the BDR. These are Barring Notices and Prohibition Orders. In addition, DLGSC will place people on the register if they elect to self-nominate. It is expected that, subject to the progress of the trial, that other pathways onto the BDR will be developed that support and enforce orders made by Courts or other empowered authorities.

The BDR is essentially a simple tool that is used to alert retail staff when someone is on the BDR and is not permitted to be served packaged liquor for consumption offsite from the licensed premises. The system works by comparing information from scanned identification documents to data held on the BDR, and retail staff will get an immediate indication if a customer is on the BDR or that the sale can proceed. 

The BDR will utilise cloud-based technology with an encrypted local database of persons on the register which will also be held locally at licensed premises to facilitate trade should the external connection be lost or interrupted. The BDR is maintained by DLGSC who have entered into a contract with the Western Australian company Scantek to deliver hardware and other infrastructure to provide for the operation of the system.

The BDR trial may be used to inform other policy decisions and determinations made by the Director of Liquor Licensing and its success will largely be dependent on the continued cooperation and support of licensees and other key stakeholders.

This policy does not apply to the sale of packaged liquor to seafarers from overseas cargo ships berthed in Port Hedland who are transported to the local shopping centre by the Seafarers Centre, Port Hedland or its agent.

Operation of the BDR

DLGSC has provided onsite training and information available to all impacted licensees. DLGSC will also provide necessary manuals and information documentation as well as a dedicated helpline that will operate 7 days a week, and a BDR email and help facility will also be provided.

Expectations of DLGSC

The DLGSC will provide support to licensees during the period of the trial. As a minimum DLGSC will:

  • provide onsite training, demonstrations, and other relevant information to impacted licensees
  • provide procedure documentation and manuals
  • support the operation of the BDR through its management of the contract with Scantek
  • provide an on call 7 day a week help line and dedicated email contact
  • regularly contact licensees to seek feedback and areas for improvement or concern
  • securely maintain data and information stored in the system
  • facilitate an external evaluation of the trial
  • manage communications and provide advertising and educational material for licensees to display at their premises.

Expectations of licensees

It is expected and anticipated that licensees in the relevant regions will participate and collaborate with DLGSC and other stakeholders during the period of the trial. As a minimum:

  • Licensees that sell packaged liquor (excluding clubs in the Pilbara region) will participate in the full period of the trial on a voluntary basis.
  • Licensees will not sell packaged liquor (takeaway alcohol), without first obtaining an approved and scannable form of identification, scanning that document, and receiving an indication that the person is not prohibited from purchasing.
  • Where an indication is received that the person is on the BDR that person is prohibited from purchasing packaged liquor. It is important to note that the licensee may commit an offence should the purchase proceed.
  • The system is used at all times the premises is trading and no attempts are made to interfere or disable any part of the system or its componentry.
  • Trade will be permitted to continue where system functionality is not available provided faults and technical issues are reported to DLGSC or Scantek through the nominated communication channels as soon as possible and are recorded in the incident register.
  • Licensees and staff will not take possession of the identification used for any purchase or any EFTPOS or other purchasing cards for longer than is required to complete the purchase. Cards and identification will  not be stored at licensed premises for any reason.

It is important that all licensees have an appropriate and relevant COVID plan in place to minimise and mitigate any risks related to the use of the system.

Expectation for clubs

The nature of clubs and the requirement for membership makes them different from other licence types and retail outlets. Approved Managers, employees and others in positions of authority in clubs may have a more intimate knowledge of their members. Not all clubs can sell liquor for consumption off licensed premises but where they can this authority only extends to bona fide members.

Given the different nature of clubs scanning equipment will not be installed in these premises for the purposes of the BDR. Rather, an Approved Manager or other person in a position of authority at a club will:

  • examine the details of persons currently subject to Prohibition Orders or a Barring Notice published on the DLGSC's websites/portal to confirm that no members are subject to either of these sanctions
  • the examination of the details of current Prohibition Orders and Barring Notices must be carried out by an Approved Manager or other authorised representative of the club at the end of every calendar month
  • the details of that examination, findings and actions must be recorded in the premises incident register to attest to those actions.

Section 115 of the Act (Licensee Barring's) and the BDR

Section 115 of the Act provides the licensees with the ability to refuse entry to any patron or require them to leave the licensed premises.

The BDR provides licensees with a tool to manage and record these processes. The BDR allows individual licensees to record the details of any barring they have issued in respect of their licensed premises. These details include the name and date of birth of the patron, commencement date and length of the barring. Once entered the barring will automatically expire on the date entered by the licensee.

Should an individual, who is the subject of a barring issued by a licensee present to purchase takeaway liquor the system will alert sales staff.

A separate list is maintained for each licensed premises and information relating to barring’s issued using section 115 of the Act are only accessible by the licensee, and authorised staff, of that premises.

Licensees who use the BDR for recording the details of barring’s issued by them, using section 115 of the Act do so by choice. The BDR provides a tool to facilitate the process and recording however, the DLGSC takes no responsibility for the information entered by licensees or for the decisions made in respect of barring’s issued.

Page reviewed 26 August 2021