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Assaults Outside Licensed Premises - Responsibility of Licensees and Crowd Controllers

November 26, 2014

Mrs Armitage question to the Leader of Government in the Legislative Council

 

With regard to assaults or king hits to persons occurring directly outside a licensed venue -

 

(1)  Do licensees have a responsibility to patrons once they have exited the venue and are on the pavement immediately outside the venue, for example, patrons going outside to have a cigarette with the intent of returning inside?

 

(2)  if so, what responsibility is borne by a licensee towards patrons who have exited their premises, but remain on the area directly outside those premises?

 

(3)  are trained security officers permitted to intervene if it appears serious assault or death or injury could occur to these patrons by persons unknown immediately outside those premises?

 

ANSWER

 

Mr President, I understand the honourable member for Launceston may have sent through a revised question -

 

Mrs Armitage - It is the same question.

 

Dr Goodwin- But essentially the same.  I will give you the answer I have.  If it does not address the revised question, please let me know.  This is the answer I have to the original question.

 

(1) Under the Liquor Licensing Act 1990 a licensee is required to ensure that the business of the licensed premises is conducted in such a way that the licensee can exercise effective control over the sale and consumption of liquor on the premises.  The legislated obligations of a licensee refer to actions taking place on the licensed premised.  If the apron outside the premises is not included in the establishment area of the licensed premises, then under the Liquor Licensing Act the licensee holds no responsibility.

 

(2)  Licensees do not have responsibility to patrons once they are off the licensed premises under the Liquor Licensing Act.  The licensee, managers and staff do, however, have a duty of care to ensure that all people are safe from harm when on the premises.

 

(3)  Crowd controllers are permitted to intervene to prevent serious injury or death to persons not on the licensed premises.  There are general provisions within legislation, such as the Criminal Code Act 1924, that make it lawful for a person to arrest without warrant another individual for assault.  Trained security officers or crowd controllers at a licensed venue are employed to ensure that a licensee's obligations under the Liquor Licensing Act are met and enforced.  The Department of Justice administers the Security and Investigations Agents Act 2002, which licenses crowd controllers.  A crowd controllers code of conduct exists and it is a condition of a crowd control licence that the holder of a licence signs and complies with the provisions of this code of conduct.  The code outlines responsibilities for all persons carrying out tasks relating to crowd controllers in Tasmania, but does not provide specific step-by-step guidance on these types of matters.

 

 

 

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