New South Australian Late Night Trading Code of Practice

Digital Closed Circuit Television (CCTV) Technical Specification
Pursuant to section 42 of the Liquor Licensing Act 1997, it is a condition of every licence that the
licensee complies with the Commissioner’s codes of practice.

The Late Night Trading Code of Practice (the Late Night Code) will take affect from 1 October 2013.

A copy of the Late Night Code can be downloaded from the Consumer and Business Services
website at www.cbs.sa.gov.au

The Late Night Code includes a clause relating to the use of CCTV which complies with a technical
specification approved by the Liquor and Gambling Commissioner. The technical specification is in
addition to the provisions contained in this clause.

The additional approved technical specification is as follows:

1. The picture quality and detail must be sufficient to enable the visual identification of a person.

2. The CCTV system achieves frame rates of 25 frames per second or greater, regardless of the
number of cameras connected to the system.

3. The CCTV system has a watermarking feature.

4. Cameras and recording devices should be connected to the essential services power supply
of a building or a designated uninterrupted power supply.

Liquor Licensing Act 1997
Late Night Trading Code of Practice

Part 1 – Preliminary

1 Citation

This code of practice may be cited as the Late Night Trading Code of Practice under the Liquor
Licensing Act 1997.

2 Commencement

This code of practice will come into operation on 1 October 2013.

3 Purpose of the code

The purpose of this code of practice is to promote the objects of the Liquor Licensing Act 1997
and, in particular –

(a) to minimise the harmful and hazardous use of liquor and promote responsible
attitudes in relation to the promotion, sale, supply and consumption of liquor;

(b) to minimise offence, annoyance, disturbance or inconvenience to people who
reside, work or worship in the vicinity of licensed premises;

(c) to prevent offensive behaviour on licensed premises;

(d) to protect the safety, health and welfare of staff and customers;

(e) to protect the safety, health and welfare of minors on licensed premises;

(f) to ensure public order and safety; and

(g) to impose special requirements for the sale of liquor for consumption on licensed
premises for the purpose of reducing alcohol-related crime and anti-social
behaviour.

4 Interpretation

(1) Expressions defined in the Liquor Licensing Act 1997 have the same meanings in this code
of practice.

polycarbonate glassware means thermoplastic glassware that is characterised by
high-impact strength, flexibility and shatter resistance.

tempered glassware means safety glassware that has been processed to increase
its strength compared with normal glass which when broken, crumbles into small
granular chunks instead of splintering.

metal detector means a system or device that gives a signal when it comes into
close proximity with metal.
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5 Mandatory nature of the code

(1) Under section 42 of the Liquor Licensing Act 1997, it is a condition of every licence that the
licensee must comply with the Commissioner’s codes of practice.

(2) Under section 11A of the Liquor Licensing Act 1997, a code of practice may be of general or
limited application and may vary in operation according to the factors stated in the code.

(3) This code of practice is in addition to, and does not derogate from, licence conditions
imposed by the Liquor and Gambling Commissioner.

(4) If this code of practice is inconsistent with a licence condition imposed by the Liquor and
Gambling Commissioner, the licence condition so imposed will prevail to the extent of the
inconsistency. Further, this code of practice is cumulative upon all other obligations imposed
by law, including those imposed by or under the Liquor Licensing Act 1997.

Note –
Under section 45 of the Liquor Licensing Act 1997, non-compliance will constitute an
offence by the licensee and, if it involves conduct of another person that the other
person knows might render the licensee liable to a penalty, by that other person.
Disciplinary action may also be taken under Part 8 of the Liquor Licensing Act 1997 in
respect of the non-compliance.

6 Application of this code of practice under 11A(3) of the Liquor Licensing
Act 1997

(1) This code of practice does not apply to a holder of the following (in respect of that licence):

(a) a producer’s licence that does not authorise the sale or supply of liquor for
consumption on licensed premises;

(b) a residential licence;

(c) a direct sales licence;

(d) a limited club licence unless this clause is applied in relation to the licence by a
licence condition imposed by the Liquor and Gambling Commissioner, taking into
account the nature and extent of the operations conducted under the licence;

(e) a limited licence unless this clause is applied in relation to a licence by a licence
condition imposed by the Liquor and Gambling Commissioner, taking into account
the nature and extent of the operations conducted under the licence; or

(f) a licence in respect of which an exemption is granted by the Liquor and Gambling
Commissioner, taking into account the nature and extent of the operations
conducted under the licence.

(2) In addition to subclause (1), the Commissioner may exempt a licensee from a specified
provision of this code of practice.

(3) In addition to subclause (1), this code of practice does not apply in relation to:

(a) licensed premises that open for trade at any time between 5 am and 7 am and
have been closed since 3 am; or

(b) the sale or supply of liquor to a lodger for consumption on licensed premises.
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Part 2

The following mandatory requirements 7-9 apply to licensees who are authorised to sell or
supply liquor for consumption on licensed premises and who trade at any time between the
hours of 3 am and 7 am on any day.

7 Information about public transport

(1) Between 9.00 pm and 7.00 am, the licensee must ensure that information about taxi ranks
and any special late operating public transport services in the vicinity of the licensed
premises is readily available to customers.

8 Queue Management

(1) Between 12.01 am and 3.00 am or closing time (which ever is earlier), the licensee
must take all practicable steps to ensure that any line up or queue to enter the licensed
premises is orderly and continuously monitored and managed to prevent obstruction to
pedestrian traffic on the footpath.

9 Footpaths and other outdoor areas

(1) Between 2.01 am and 7.00 am or closing time (which ever is earlier), the licensee must
not permit the service or supply of alcohol for consumption on any part of the licensed
premises comprised of a footpath or other outdoor area to which the general public has
access (not including beer gardens, balconies, enclosed courtyards or similar that are only
accessible from within the licensed premises).

Part 3

The following mandatory requirements 10-11 apply to licensees who are authorised to sell or
supply liquor for consumption on licensed premises and who trade at any time between the
hours of 3 am and 7 am and have more than 200 patrons on the premises.

10 Drink Marshal

(1) Between 12.01 am and 7.00 am or closing time (which ever is earlier), the licensee
must ensure that at any given time, at least one person who is approved as a Responsible
Person under the Liquor Licensing Act 1997 is performing the duties of a drink marshal.

(2) The duties of a drink marshal are to monitor compliance with section 108 of the Liquor
Licensing Act 1997 and the Liquor Licensing General Code of Practice and, in particular, to
monitor the behaviour and alcohol consumption of customers to reduce the likelihood of
incidents of intoxication and/or disorderly, offensive, abusive or violent behaviour on
licensed premises.

(3) The drink marshal must patrol the whole of the licensed premises accessible to and
occupied by customers, and must alert bar and serving staff to any concerning behaviour
that is taking place by customers on the licensed premises.

(4) If the drink marshal suspects that a person is intoxicated or observes someone behaving in
a disorderly, offensive, abusive or violent manner, he/she may exercise the powers that
they have under the Liquor Licensing Act 1997 as a Responsible Person or they must
immediately report this to the licensee or manager/supervisor on duty for appropriate action
to be taken. Page 4 of 5

11 First Aid

(1) Between 12.01 am and 7.00 am or closing time (which ever is earlier), the licensee
must ensure that at least one staff member is on duty who has been approved as fit and
proper under the Liquor Licensing Act 1997 and has nationally accredited first aid training.

Part 4

The following mandatory requirement 12 applies to licensees (other than the Skycity Adelaide
Casino or the holder of a restaurant licence in respect of that licence) who are authorised to
sell or supply liquor for consumption on licensed premises and who trade at any time between
the hours of 3 am and 7 am on any day.

12 Late Night Restricted Entry

(1) Between 3.01 am and 7.00 am or closing time (which ever is earlier), the licensee must
not permit a customer to enter the licensed premises.

Part 5

The following mandatory requirements 13-14 apply to licensees who are authorised to sell or
supply liquor for consumption on licensed premises and who trade at any time between the
hours of 3 am and 7 am on any day and have an authorised capacity that is greater than 200
persons and who trade from within the area of the City of Adelaide bounded on the north by
the northern bank of the River Torrens, on the south by the northern alignment of South
Terrace, on the east by the western alignment of East Terrace and its prolongation north to the
northern bank of the River Torrens and on the west by the eastern alignment of West Terrace
and its prolongation north to the northern bank of the River Torrens.

13 Entry onto licensed premises and use of metal detectors

(1) Between 12.01 am and 3.00 am or closing time (which ever is earlier), the licensee
must ensure that a metal detector for screening customers upon entry onto the licensed
premises, to detect persons who may be carrying weapons or other potentially dangerous
objects, is operated by suitably trained employees.

(2) The metal detector must comply with the standard technical specification approved by the
Liquor and Gambling Commissioner and must be kept in good working order at all times.

14 Digital Closed Circuit Television (CCTV)

(1) At all times while open for trade, the licensee must have a digital CCTV system in place
to take visual recordings at all entry and exit points, the footpath immediately adjacent to the
premises and all other internal and external licensed areas of the premises (excluding
toilets) to which customers have access.

(2) The digital CCTV system must operate continuously while the premises is trading and must
continue to operate for at least one hour after the premises ceases to trade.

(3) The digital CCTV system must record the correct date and time.
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(4) The digital CCTV system must comply with the standard technical specifications approved
by the Liquor and Gambling Commissioner.

(5) The licensee must ensure that while the digital CCTV system is in use, the level of lighting
at all entry and exit points is adequate so as to allow clear visual recordings to be taken.

(6) The licensee must ensure that the visual recordings are securely stored so as to prevent
unauthorised access, for a period of time not less than 28 days.

(7) The licensee must ensure that the visual recordings can be easily downloaded via disk and
USB and must be compatible with contemporary operating systems.

(8) The licensee must ensure that the visual recordings and any information relating to the
visual recordings is made available as soon as practicable upon the request of an
authorised officer acting in the course of his or her official duties (noting that the authorised
officer must identify the date, time and location of the premises to which the request relates
as well as the reason for the request).

(9) The licensee must take all practicable steps to ensure that the CCTV system is in good
working order at all times and, in the event of any cessation in the operation of the CCTV
system, the licensee bears the onus of proving that such steps have been taken.

Part 6

The following mandatory requirements 15-17 apply to all licensees who are authorised to sell
or supply liquor for consumption on licensed premises and who trade at any time between the
hours of 4.01 am and 7 am on any day.

15 Restrictions on the supply of liquor free of charge

(1) Between 4.01 am and 7.00 am or closing time (which ever is earlier), the licensee must
not supply liquor free of charge or permit the supply of liquor free of charge.

16 Restrictions on the sale and supply of beverages promoting rapid or
excessive consumption

(1) Between 4.01 am and 7.00 am or closing time (which ever is earlier), the licensee must
not permit the sale or supply of any alcoholic beverage that may encourage the rapid or
excessive consumption of liquor including:

(a) beverages commonly known as ‘shooters’, ‘doubles’, ‘laybacks’, ‘test tubes’,
‘blasters’, ‘stingers’ ‘jelly shots’ or similar; or

(b) any other beverage that contains more than 45ml of spirits.

17 Restriction on the use of Glassware

(1) Between 4.01 am and 7.00 am or closing time (which ever is earlier), the licensee must:

(a) not allow any drink (whether it contains liquor or not) to be sold or supplied for
consumption on the licensed premises in glassware unless it is tempered or
polycarbonate glassware; and

(b) ensure that all empty non-tempered and/or non-polycarbonate glassware receptacles
are removed from all areas of the licensed premises to which customers have access.

Licensee Bulletin
Important news regarding the commencement of the Late Night
Trading Code of Practice

The Late Night Trading Code of Practice (Late Night Code) was gazetted by the Liquor and
Gambling Commissioner on 6 June 2013 and will commence on 1 October 2013.

In general terms, the Late Night Code affects licensees which trade after 3am.

Full details of the Late Night Code and associated documents, including an education
package can be found at www.cbs.sa.gov.au/latenight

The Liquor and Gambling Commissioner has determined that following the introduction of
the Late Night Code on 1 October, there will be a four week educational period. The
provisions of the Late Night Code will be enforced during this period, however no penalties
will apply.

The four week educational period will allow licensees to properly prepare for their
obligations under the Late Night Code. For example, training of staff, installation of CCTV,
purchasing metal detectors and purchasing polycarbonate or tempered glassware.

Daylight saving comes into effect on 6 October 2013, the first Sunday morning following the
commencement of the Late Night Code. This means that at 2am, clocks are turned
forward to 3am.

Ordinarily patrons will only be permitted to enter or re-enter licensed premises until 3am,
however as the clocks will be turned forward at 2am (to become 3am), the Liquor and
Gambling Commissioner has determined that on Sunday 6 October ONLY, patrons will be
able to enter until 4am Australian Central Daylight Time (3am Australian Central Standard
Time) after the adjustment for daylight saving time.

As a consequence of the introduction of the Late Night Code, condition (y) of the
Attachment B licence conditions for holders of a gaming machines licence under the
Gaming Machines Act 1992 has been varied. As from 1 October 2013, licensees will no
longer be required to ensure that at all times, a patron must be able to purchase and
consume a beverage in an area separate to the designated gaming area.

Instead, licensees will have to ensure that any person, who is not a minor, can purchase
and/or consume a beverage (whether alcoholic or not) in a designated gaming area without
being required to play gaming machines (provided the person is not the subject of a barring
order). Licensees are reminded that it remains an offence to serve liquor to a person while
they are seated or standing at a gaming machine.

Copies of amended Attachment B conditions have been forwarded to all gaming machine
licensees.

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