The Bar Code FRONTLINE BAR STAFF and the LAW PROMO$

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The Bar Code FRONTLINE BAR STAFF AND THE LAW PROMO$

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PROMO$ CONTENTS

0 INTRODUCTION

1 INTOXICATION Recognising it and dealing with it

2 MINORS Who can drink and where

3 DRINKING OPTIONS Providing low-alcohol and non-alcoholic choices

4 FOOD Ensuring customers have access to food

5 PROMOTIONS Special offers

6 TRANSPORT Helping customers access transport options INTRODUCTION The Bar Code • 3

Hospitality venues can be fun and dynamic Otherwise… fines places to work, providing customers Breaking the laws around serving alcohol with food, drinks, entertainment and an could be very expensive for you personally. environment where they can relax and It can also affect your manager, the owner socialise. One of the key aspects of the of the bar, even the other people working job is serving alcohol. This role carries a lot there, if the place is shut down. of responsibility, as alcohol consumption can lead to intoxication and a number of negative consequences. For selling alcohol to someone who Recent changes to the law have seen the is intoxicated or a minor: introduction of the Sale and Supply of Alcohol • you could be convicted and fined Act 2012, which aims to improve New Zealand’s up to $2,000 drinking culture and to reduce the harm caused by excessive drinking. The new law • your manager could be fined up requires bars and bar staff to follow a set of to $10,000 guidelines called ‘Host Responsibility’, which • the licensee could be fined up covers six areas: to $10,000 • Preventing intoxication. • the licence could be suspended for • Service to minors. up to seven days. • Offering low alcohol and non-alcoholic drink options. Host Responsibility training • Providing food. All bar staff are encouraged to complete • Running acceptable promotions. HPA’s Host Responsibility on-line training ServeWise. The training covers all aspects • Helping customers with transport options. of host responsibility and provides bar staff with the knowledge and skills to manage This booklet outlines what you are required the service of alcohol and comply with the to do by law, as well as providing practical legal obligations of the Act. advice on how to stay inside the law when you’re behind the bar. While some Complete the training here: servewise. responsibilities sit with management, you alcohol.org.nz have a role to play. For instance – it’s management’s role to make sure substantial food is available; it’s your role to promote it and ensure customers get it. 1 INTOXICATION Recognising it and dealing with it The Bar Code • 5

Intoxication is one of the most important of When is someone intoxicated? your responsibilities. If police or regulatory The law says that a person is intoxicated agencies find someone intoxicated on your when observably affected by alcohol, or premises, you as the server could be fined, other drugs or substances, to such a as well as the manager and owner, plus the degree that two or more of the following liquor licence for your bar may be suspended. are evident: You are required by law to: • Speech is impaired. • prevent anyone becoming intoxicated • Coordination is impaired. in your bar • Appearance is affected. • refuse service to anyone who is intoxicated • Behaviour is impaired. • ensure intoxicated customers leave the premises Indicators of intoxication may include but are not limited to: • prevent intoxicated persons from entering the premises • Speech: slurring, difficulty forming words, loud, repetitive, loses train of thought, • remove violent, quarrelsome, insulting or nonsensical, unintelligible. disorderly customers from the premises. • Coordination: spills drinks, trips, weaves, Intoxicated individuals may be vulnerable walks into objects, unable to stand targets as well as problematic offenders. unaided or sit straight. Licensed premises must manage and • Appearance: bloodshot eyes, eyes glazed, supervise intoxicated customers in a ‘place inability to focus, tired, asleep, dishevelled. of safety’ until they can be removed safely from the premises. Ask your manager for • Behaviour: seriously inappropriate more information. actions or language, aggressive, rude, belligerent, obnoxious behaviour affecting other customers.

Certain medical conditions and disabilities may display characteristics similar to intoxication. Make sure you don’t make assumptions, and be respectful and careful before pronouncing a customer intoxicated. 6 • The Bar Code

Why you need to prevent intoxication “...a few drinks can lead to a few Most times, people drink and enjoy more… which can lead to intoxication alcohol without incident. But a few drinks and a whole range of possibilities, can lead to a few more… which can lead including crime, violence, drink to intoxication and a whole range of driving and crashes, physical assault, possibilities, including crime, violence, drink driving and crashes, physical assault, sexual assault, and injury.” sexual assault, and injury. Act early It’s not just the intoxicated person who It’s best to act early. It is far easier and suffers. Friends, partners, kids and innocent smarter to spot potential for trouble and bystanders can all be affected, often with limit someone’s drinking before they shocking consequences. It’s a serious become intoxicated. You’ll find that out if problem. The law says you are part of you ever try to reason with someone who the solution. is intoxicated and have them removed. Knowing what to do By acting early, you minimise the You are required by law to keep an eye on embarrassment or potential discomfort your customers’ alcohol consumption and to the drinker, to other customers and prevent them from becoming intoxicated. to yourself. The table on pages 8-9 outlines some Drink spiking strategies to help with this. If you’re not Drink spiking is when other drugs or spirits sure whether or not someone is intoxicated, are added to someone’s drink without get a second opinion from your manager or their knowledge. These additives may senior bar staff. be colourless, tasteless and smell-free, and the victim may not be aware of any difference in their drink. It’s often done to assist sexual assault.

Drink spiking is a crime. In a busy, noisy bar Turn page over to see the or club, it can happen quite easily. If you Intoxication Prevention Tool. suspect someone of dropping something into a drink that is not their own, alert the owner of the drink and report the incident immediately to your manager. The Bar Code • 7

Drinking and other drugs If customers are combining alcohol with ASK YOURSELF other drugs, they can become intoxicated • What would you do to slow someone’s much more quickly than they would otherwise. drinking? Drugs can also magnify the effects, making customers more unpredictable than if they • What’s the house policy on getting had just consumed alcohol. customers to slow down their drinking?

As far as the law is concerned, the cause of • How do you deal with customers who the intoxication doesn’t matter. Anyone who are intoxicated? is intoxicated must be denied service and • Do you have authority to ask customers removed from the premises. to leave? If not, who does? Emergencies • Does your bar have signs about not If anyone collapses and is unconscious, serving people who are intoxicated? from alcohol, other drugs, or a combination • Can you afford the fine if you’re caught of these – or for any other reason – call an serving an intoxicated customer? ambulance immediately (ring 111).

“It is far easier and smarter to spot potential for trouble and limit someone’s drinking before they become intoxicated.” Intoxication Prevention Tool 1 SOBER MONITOR 1 SOBER MONITOR CUSTOMER BEHAVIOUR

• Coherent, clear speech, normal tone and volume, may be talkative

• Coordinated, balanced, standing without help or support

• Clear eyes, tidy, alert

• Behaving sensibly

SERVER'S ROLE

MONITOR CUSTOMER CONSUMPTION • All staff have a role in monitoring the effect of alcohol on patrons 2 INFLUENCED INTERVENE • Talk with the customer – this will build rapport and give insight into their condition

• Use unobtrusive monitoring techniques such as glass collection

ESTABLISH CLEAR AND CONSISTENT STANDARDS • Management and staff are responsible for setting the tone of the premises

• Create a sociable, friendly atmosphere where intoxication will be out of place and unacceptable

IDENTIFY CUSTOMER INTENTIONS • Recognise that a minority of customers on 3 INTOXICATED your premises intend becoming intoxicated DENY AND REMOVE • Identify and actively manage those who appear to be high risk

• Be aware that high-risk people include those celebrating, ordering in quick succession, and ordering shots

OFFER LOW-ALCOHOL AND NON-ALCOHOLIC DRINKS AND FOOD OPTIONS • Provide a range of alternatives to alcohol

• Actively promote and encourage other products as part of the broader customer experience 2 INFLUENCED 3 INTOXICATED INTERVENE DENY AND REMOVE

CUSTOMER BEHAVIOUR CUSTOMER BEHAVIOUR

• May be overly talkative, opinionated, • Slurring, difficulty forming words, loud, stumble over words, loud, inappropriate repetitive, loses train of thought, nonsensical language or comments • Spills drinks, stumbles, trips, weaves, walks • Slowed or delayed reactions, swagger into objects, unable to stand unaided or or occasional staggers or sways sit straight

• Vacant or blank expression, smell of alcohol • Eyes glazed or bloodshot, inability to focus, on breath, may look untidy tired, asleep, dishevelled

• Overly friendly or withdrawn, inappropriate or • Seriously inappropriate actions or language, risky actions, argumentative, fading attention, aggressive, rude, belligerent, obnoxious increased consumption rate behaviour affecting other customers

SERVER'S ROLE SERVER'S ROLE

COMMUNICATE WITH TEAM COMMUNICATE WITH TEAM AND • Inform your manager and team about what’s MANAGER going on and anyone to keep an eye on • Inform your manager and team of issues so they can support an intervention • Maintain communication and regularly follow up on those identified • House policy will determine who should remove the customer from the premises SLOW OR STOP ALCOHOL SERVICE • Talk to the customer – intervene early REMOVE CUSTOMER FROM PREMISES and tactfully • Remove the audience effect

• Offer non-alcoholic drinks and food options • Consider your own personal safety

• Don’t offer refills – wait till they ask; be busy • Enter the incident in the logbook serving other customers • Consider customer safety – mates or a taxi • Serve their next drink with water on the side • Customers are not allowed to remain on • If possible, use the customer’s friends the premises except in a place of safety to rein in their drinking BE ASSERTIVE, NOT AGGRESSIVE • Make your requirements clear and allow customers the chance to comply without losing face

• Never respond to provocation; stay calm and employ calming strategies 2 MINORS Who can drink and where The Bar Code • 11

A minor is a person under 18 years of age. 18? You need proof You, your manager and the bar owner It’s up to the customer to prove they are can be fined heavily for serving alcohol to old enough to buy alcohol or be on your minors or allowing them on the premises premises. If they can’t supply proof, you illegally. To avoid this, all customers who should not allow them on the premises. look under the age of 25 should be asked By law, there are only four types of ID for valid ID. you can accept: Who you can serve and where • Current New Zealand or overseas they can drink passport. Licensed premises are divided into various • Current New Zealand driver’s licence. areas where different conditions apply. • An approved 18+ Evidence of Age card. Some bars have just one designation, others have combinations. These include: • A Kiwi Access card. • Restricted: an area where no-one under Many bars now have a house policy of 18 is allowed. asking for ID if anyone looks under 25. • Supervised: an area where no-one under 18 Ask for ID every time. Don’t be flexible is allowed unless they are accompanied or you could be targeted by minors, by their parent or legal guardian. as well as authorities. • Undesignated: an area where anyone of “Someone under 18 can drink any age can be. alcohol within a supervised or undesignated area, if it is Someone under 18 can drink alcohol within a supervised or undesignated area, if it is purchased for them by a parent purchased for them by a parent or legal or legal guardian, but under guardian, but under no circumstance can no circumstance can they they purchase alcohol themselves. A legal purchase alcohol themselves.” guardian is not just an older friend, coach or family member. It is a legal status and customers are responsible for establishing proof of this relationship. It is also an offence to employ a minor to sell alcohol in a restricted area. 12 • The Bar Code

Fake and fraudulent ID GUIDE TO CHECKING ID Every effort must be made to prevent the use of fake or fraudulently presented ID to • Ask to see the customer’s ID if gain illegal entry to licensed premises. Note they look 25 or under. any incidents of suspected presentation of • The customer must remove the fraudulent ID in the INCIDENT LOG. ID from their wallet. If you are suspicious that ID has been • Check the date of birth (know tampered with or is fraudulently presented, the cut-off birth date at which follow the steps outlined below: you must deny customers 1. Ask the person if they have another form of access to your premises). identification (In many instances a person • DO NOT look at the picture first; will only have one form of false ID and look at the picture last. should they produce another form of ID, it may help to verify the person’s identity) • Feel the surface and edges of the card with your thumb, 2. If the presented ID has a signature, invite checking for blemishes or the person who has presented the ID to tampering. sign a blank piece of paper and compare the signature to the one on the ID. • FIRST, while talking to the 3. Record the details of the suspected false customer, look for distinguishing ID and any other ID that may be produced features on their face, nose, chin on the ID NOTING FORM. Record and jaw. particulars from the person presenting • SECOND, look at the picture on the ID and their next-of-kin (home the card – ensure this has the address and phone number(s). same features as the face. 4. Tell the person who has presented the • Shine a torch from behind the ID that it appears to be fraudulently photo and the date of birth. presented and: • If further validation required, • note their explanation check their signature against • ask them if they are willing to wait until the card (get them to sign). the police are contacted to arrive to • Can you PROVE to police you inspect the ID have ID-ed them? (Cameras/ • refuse entry to your venue. Notebook/Stamp) 5. Hold on to the ID and wait with the person until police arrive. The Bar Code • 13

If the person will not wait for police but • False or fraudulent ID may be genuine agrees to abandon the ID follow the steps and could be either stolen or supplied by below: an older sibling or friend. It is important to • complete an ID noting form and issue get these ID’s to Police promptly as other receipt offences maybe disclosed. • insist the person obtains an authentic ID before any future entry into the venue YEAR 2019 2020 1996 2021 22 2022 23 2023 1997 24 2024 21 25 2025

1998 22 26 2019 JAN | AL968 and service will be considered. 20 23 27 24 28 Date of 1999 21 25 22 26 19 23 27 2000 20 24 18 21 25 19 22 26 2001 20 23 Birth Chart17 21 24 18 22 25 2002 19 23 16 20 24 • If the person demands the return of the 2003 17 21 18 22 15 19 23 2004 16 20 14 17 21 Yes 15 18 22 2005 16 19 13 17 20 14 18 21 2006 15 19 ID then: 12 16 20 13 17 Maybe* 2007 14 18 11 15 19 2008 12 16 10 13 17 11 14 18 12 15 No * 17 unless a birthday has occurred13 before the16 current month and day 14 17 15 • you have no statutory power to seize the 16 ID and you should return the ID to the person • make contact with other licensed The biggest mistake staff make is to calculate the age incorrectly from the date of birth premises in your area and alert them provided. You should know today’s date and of the suspected false or fraudulently subtract 18 years. Anyone born after that presented ID and a description of the date is under age. person • record the circumstances and person’s description and forward on to police (Alcohol Harm Reduction Officer). ASK YOURSELF Note: Do not use force to retain the ID. • What does your house policy tell you to do when someone who may be If the person presenting the ID leaves under 18 asks for service? the licensed premises abandoning the document in the possession of yourself or • What forms of ID can you accept? one of your staff members, then you must: • Do you know how to calculate • treat the false or fraudulent ID like lost whether someone is over 18? property • Are your premises Restricted, • secure the ID (for handover to police) Supervised or Undesignated – what does it mean? • note and record the time, date and circumstances surrounding • Does your bar have signs about not the abandonment of the ID for the serving people who are under 18? information of police, on the ID noting These are available free of charge form and promptly deliver the ID to police from the Health Promotion Agency’s (Alcohol Harm Reduction Officer) for ordering resources website at further enquiries. alcohol.org.nz. 3 DRINKING OPTIONS Providing low-alcohol and non-alcoholic choices The Bar Code • 15

Your bar is required to provide and promote a reasonable range of low-alcohol and ASK YOURSELF non-alcoholic drinks. Having these options • What low-alcohol refreshments available makes it easier for customers when they choose not to drink alcohol. can you offer? They are also a good option to suggest • What non-alcoholic refreshments to customers who need to slow down can you offer? their consumption of alcohol. • How do customers know about What you need to do them – are they included in signage Your manager needs to ensure there is a and beverage menus? range of low-alcohol and non-alcoholic drinks. • Is it house policy to make water readily It’s up to you to make sure customers are available and free to customers? aware of them, and to serve them willingly. • Make sure water is always freely available (that means at no cost), preferably well presented with ice, lemon, mint etc. • For customers who look like they need to slow down, serve their drink with water on the side. • Try some of your favourite cocktails without the alcohol – or invent some new ones.

“...low-alcohol and non-alcoholic drinks [are] a good option to suggest to customers who need to slow down their consumption of alcohol.” 4 FOOD Ensuring customers have access to food The Bar Code • 17

Ensuring customers have access to food As food must be available at all times, it is is also part of your responsibility under the not acceptable to claim that ‘the kitchen Sale and Supply of Alcohol Act 2012. When is closed!’ Instead, refer customers to your food has been eaten, the bloodstream late-night menu or snack menu. doesn’t absorb alcohol as quickly, so Providing food adds to the experience for people are less likely – or slower – to customers. It encourages them to stay become intoxicated. While it’s great to longer, provides extra revenue and helps have nuts and crisps available, you must avoid problems. Providing free bar snacks also have more substantial food available that look, smell and taste great is a proven at all times. way of steering customers’ thoughts to food. What you need to do If your bar has them, offer them about. Your manager or the bar owner will decide what type of food your bar will offer and this will depend on what sort of clientele the bar is trying to attract. Your main responsibilities ASK YOURSELF as a frontline employee are to: • Can everyone see and read your menu? • make sure customers know food is available • Can you always tell customers what • serve it willingly and happily at any food is available? stage of your shift • What’s the house policy on providing • encourage customers approaching substantial food at off-peak times? intoxication to take time out and have something to eat.

“Providing food adds to the experience for customers. It encourages them to stay longer, provides extra revenue and helps avoid problems.”

If you have menus, make sure they’re distributed to every table or along the bar. If you have a menu board or food on display, draw attention to it and make sure everyone can see it. Make sure that when you display and serve food it is well presented, appetising and appealing. HAPPY HOUR

5 PROMOTIONS Special offers

HAPPY HOUR

HAPPY HOUR HAPPY HOUR The Bar Code • 19

The Sale and Supply of Alcohol Act 2012 Other relevant regulations creates offences and penalties for certain • Under the Gambling Regulations 2005, irresponsible alcohol promotions or activities. it is an offence to offer or use alcohol Under the Act, it is an offence to: as a prize for gambling activities eg, • encourage excessive consumption raffle prizes. of alcohol • False or misleading representations • promote or advertise discounts on alcohol about goods or services are a breach of 25% or more, anywhere that can be seen of the Fair Trading Act 1986. or heard from outside the licensed premises • promote or advertise free alcohol that can For further information about acceptable be seen or heard from outside the premises and unacceptable promotions, refer to alcohol.org.nz. If you are unsure or need • offer goods, services or prizes on condition guidance on any promotional activities, that alcohol is bought (this does not apply you should contact your local Licensing to offers made only on licensed premises Inspector, police or public health service. relating to the buying of alcohol) • promote alcohol in a way that has special appeal to minors. ASK YOURSELF Penalties • Does your bar run any alcohol Irresponsible promotions can result in fines promotions? and licence suspensions. The penalty for • Do they promote excessive or speedy breaching the Act relating to promotions is consumption? a fine of not more than $10,000. In addition, • Do they comply with the National the licence could be suspended for not more than seven days. Guidance on Alcohol Promotions?

“The penalty for breaching the Act relating to promotions is a fine of not more than $10,000.” DIAL A DRIVER

6 TRANSPORT Helping customers access transport options

DIAL A DRIVER The Bar Code • 21

Part of caring for your customers is helping them to get home safely. Providing them ASK YOURSELF with alternative transport options and helping • What other forms of transport can them to arrange this minimises the risks of them drinking then driving. customers take from your bar? • What can you do to make sure What you need to do customers know about these options? There will be several alternative ways for • What’s your house policy about your customers to get home from your bar. It’s the job of frontline bar staff to make ensuring customers get home safely? sure customers know what’s available and to help them make whatever arrangements are necessary. You need to: • help with taxis or dial-a-driver – show customers to a phone and give them a number to call or offer to make the call yourself • make sure signs with taxi company numbers are clearly visible • encourage groups to designate a non-drinking driver – give that person free non-alcoholic drinks.

“It’s the job of frontline bar staff to make sure customers know what’s available and to help them make whatever arrangements are necessary.” Health Promotion Agency

Freephone: 0508 258 258 Email: [email protected]

To order resources visit alcohol.org.nz

AL405 | MAY 2019 | 978–1–927224–71–7 (PRINT) | 978–1–927224–72–4 (ONLINE)