Intro
This document summarises the requirements under the Liquor Control Act 1988 (LC Act) for a licensee to keep a register which records if any of the following types of incidents1 occur on a licensed premises or its surrounds: 2
The register must be maintained by the licensee or an approved manager4, in a form acceptable to the Director of Liquor Licensing (DLL),5 which can include in an electronic format. Failure to do so is subject to a penalty of $5000. Information on the register must be retained for 4 years. If an authorised officer6 requests to see the register, it must be made available for inspection or for copies to be made from it. If this does not occur, a penalty of $5000 applies.
The register must include:7
An example incident register is available. Licensees can use a different format if they wish, but it must include all the required information.
Additional reporting requirements apply if, during an incident, physical force is used to restrain someone, remove them from the premises or prevent their re-entry. Approved managers, licensees, and employees/agents of the licensee are authorised to use reasonable force in these circumstances8. In these cases, the licensee must prepare a written statement of the incident detailing:
If a crowd controller was involved, the licensee must:
A copy of the licensee’s written statement of the incident must be included in the register, including the date and time when copies of the statement and note were provided to the crowd control agent which engages each of the crowd controllers.
Note that that the Security and Related Activities (Control) Act 1996 and the Security and Related Activities (Control) Regulations 1997 prescribe the records that must be maintained by crowd control agents. However, if an entry has been made in the incident register, as described above, and a copy has been provided to the agent, then no separate and additional record is required.9
Note that for a crowd controller to be authorised under the Act to remove a person from a licensed premises, they (or the agent that provided their services) must have received written authorisation to do so by the licensee, occupier or manager of a licensed premises. An example of the Crowd controller notice of authorisation form. It is best practice for a copy of such authorisations to be included with the incident register.
Further information on licence requirements is available, or contact 61 8 6551 4888.
The factsheet on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.