Responsible Service of Alcohol

Topic 2. RSA legislation

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2.9 Liquor promotions

All promotional activities for liquor products must comply with the liquor laws and cannot be seen to encourage excess drinking or appeal to minors.

What do you need to know about promoting alcohol?

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The following video role play demonstrates a young member of staff coming up with what they thought was a good idea, without understanding the requirements of NSW liquor laws.

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Under the liquor laws, the Director General, Department of Trade and Investment, Regional Infrastructure and Services may issue a written order to a licensee prohibiting them from carrying on, or being involved in, a particular liquor promotion.

An order may be issued if:

  • the promotion is likely to have a special appeal to minors

  • the use of designs, motifs or characters in the promotion are likely to be, attractive to minors

  • it is indecent or offensive

  • involves the supply of liquor in non-standard measures or the use of emotive marketing that encourages irresponsible drinking likely to cause intoxication

  • involves the supply of free alcohol, or extreme discounts, or discounts that are only available for a short period of time and create an incentive for patrons to drink rapidly

  • the promotion is not in the public interest.

Maximum penalties of $5,500 apply for not complying with an order.

The Director General, Department of Trade and Investment, Regional Infrastructure and Services has issued guidelines to indicate the types of liquor promotions and activities that are likely to result in an order being issued against a licensee.

Fact sheets can be found at: www.olgr.nsw.gov.au/liquor_fact_sheets.asp

Sale of undesirable liquor products

Under the New South Wales liquor laws, the sale of undesirable liquor products can be banned if they are considered to appeal to children. This can either be by the way they are marketed or packaged, or where it is likely they could be confused with a soft drink or confectionery.

Liquor products may be declared undesirable if:

  • the designs, motifs or characters on the packaging of the liquor products concerned are, or are likely to be, attractive to minors, or

  • the products are likely, for any reason, to be confused with soft drinks or confectionery, or

  • the products, for any reason, have or are likely to have, a special appeal to minors

Penalties of up to $5500 apply where an undesirable liquor product is sold in a licensed venue.

Undesirable liquor products banned in NSW under these provisions have either had strong novelty value or appeal to children. Products have also been banned where they are considered likely to be confused with traditional flavoured milk drinks and ice blocks popular among children.

For more information on undesirable liquor products refer to http://www.olgr.nsw.gov.au/liquor_info_undesirable.asp

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