THE APPLICATION OF THE SECURITY INDUSTRY ACT 2003 TO LIQUOR LICENSEES The only times it is compulsory for a liquor licensee to employ crowd control services is as the result of a direction from the Liquor Licensing Board or if a venue is hosting a prohibition function as described in the Licensing Standards Manual. In all other circumstances it will be a matter for a licensee to determine whether an employee’s activities are captured by the definition of ‘security activity’ under the Security Industry Act 2003. The Act requires a person or company who employs a crowd control employee to hold a Security Master Licence. Licensees need to consider whether their use of security services is at the level to justify this additional regulation expense. Subcontracting security services relieves the licensee of this responsibility. Where a person, who in the normal course of their duties undertakes activities that are not crowd control activities, is briefly required (due to exceptional circumstances) to perform duties regarded as crowd control activity, the licensee must record the details of that situation in their premises incidents register. A CROWD CONTROLLER IS A CROWD CONTROLLER IS NOT A person who is charged with the responsibility for A bar person who in the course of serving liquor checks a · Physically denying access to a premises, or persons ID or denies service because they believe the person · Physically controlling a patron or patrons conduct within may be intoxicated the premises, or · Physically removing a patron or patrons from the prem- A bar person who is engaged in picking up glasses, cleaning ises the premises, or providing patron service because the patron does not meet the requirements of entry or attendance (eg no ticket, inappropriate dress or behaviour, A person who “meets and greets” members of licensed clubs to non-valid membership) establish their bona fides and who does not have authority to physically remove patrons from premises or a public place A person placed by a liquor licensee on a entry or exit to the licensed premises with responsibility to count and physically A receptionist or staff member at a licensed club who does not control the entry and exit of patrons have authority to physically remove patrons from the premises or a public place A person who as a result of a direction from the Liquor Licensing Board is stationed at an entry or exit point of a A person who only collects tickets or takes payments for entry licensed premises to count patrons or check ID material to an event or premises and who does not have authority to physically deny access or remove patrons A person who is employed to fulfil the licensee’s obligations under clause 39 (prohibition functions) of the Licensing A liquor licensee is not a crowd controller just because they are Standards Manual is respect of the provision of crowd a licensee controllers The ACT Office of Fair Trading is working with the peak security training body to develop a range of accessible and available training modules for crowd control employees. Previous training and experience will be recognised when assessing individual employee’s training requirements. While these courses are being developed, the ACT Commissioner for Fair Trading will consider applications for crowd control employee licenses on the basis of an employment record, relevant experience and suitable character. If approved, this initial licence is valid for one year, and at the end of that time the licensed person will be required to complete the approved training module for the licence to be reissued. These arrangements are consistent with those being extended to security employees previously registered under the Security Codes of Practice.
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