South Australian Current Regulations

LIQUOR LICENSING (GENERAL) REGULATIONS 2012 - REG 20

20—Procedures relating to prevention of persons from entering or removal of persons from licensed premises

For the purposes of section 137B(1) and (2) of the Act, the following procedures are prescribed as procedures to be observed by authorised persons in or in connection with the prevention of persons from entering, or the removal of persons (including minors) from, licensed premises or a part of licensed premises:

            (a)         an authorised person must, if practicable, before using force to prevent a person from entering, or remove a person from, licensed premises—

                  (i)         advise the person that he or she is authorised under the Act to use reasonable force to prevent persons from entering, or remove persons from, licensed premises; and

                  (ii)         explain that he or she will, unless the person agrees that he or she will not enter the premises, or agrees to leave the premises, use force to prevent the person from entering, or remove the person from, the premises;

            (b)         an authorised person must not, while using force to prevent a person from entering, or remove a person from, licensed premises, hold the person above the person's shoulders, or undertake any other action in respect of the person, in a way that could prevent or restrict the inhalation of air by the person or cause the person to suffer asphyxia (unless the action is necessary in self-defence);

            (c)         as soon as reasonably practicable following an incident involving the use of force to prevent a person from entering, or remove a person from, licensed premises, each authorised person involved in the incident (other than a police officer) must, if he or she is not the licensee, report the incident to the licensee in writing, and must include in the report the details required to be recorded in the register to be maintained by the licensee under paragraph (d);

            (d)         a licensee of licensed premises must ensure—

                  (i)         that a record of each incident involving the use of force by an authorised person (other than a police officer) to prevent a person from entering, or remove a person from, the premises is entered in a register of such incidents; and

                  (ii)         that the register identifies the licensed premises; and

                  (iii)         that each entry in the register—

                        (A)         includes the following details:

        •         the date and time of the incident;

        •         the name of the responsible person for the licensed premises at the time of the incident;

        •         whether the incident related to prevention of entry or removal from premises;

        •         whether the incident involved a minor;

        •         the name or badge number of the authorised person;

        •         the grounds for the use of force;

        •         if known, the name, address and date of birth of the person prevented from entering or removed and of any witness to the incident;

        •         a description of any injuries sustained by any person as a result of the incident;

        •         whether a police officer attended the incident;

        •         a description of the incident and any preceding events; and

                        (B)         is dated and signed by the licensee or responsible person; and

                        (C)         is retained for at least 1 year following the occurrence of the incident; and

                  (iv)         that the register is kept on the licensed premises and is readily available for inspection or copying by an authorised officer (within the meaning of section 122 of the Act).