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Purpose

This policy sets out the security measures which may be imposed by the Director of Liquor Licensing (DLL), on higher risk premises and events as a condition of a liquor licence or permit.

What makes an event or premises higher risk?

Whether a licence or event is considered high risk will depend on factors such as the:

• type of premises/event
• features of the local area, for example whether it is metropolitan or regional, or its proximity to other licensed premises
• types of entertainment provided, for example, live music or a DJ
• hours of trade
• expected patronage.

When the DLL considers it to be in the public interest for ensuring public order and safety, additional security requirements will be imposed on a liquor licence or permit, these being:

• the employment of crowd controllers or Responsible Service of Alcohol marshals; and/or
• the installation and operation of CCTV surveillance systems.

These requirements will generally apply to nightclubs, venues which trade after 1am, and large events where more than 1000 people are expected. They might also be imposed on other licences or permits if the DLL considers it to be appropriate in the circumstances.

Crowd controllers

The DLL will consider imposing the crowd controller condition on licences or permits with a higher risk, unless the applicant can demonstrate that the licence or permit has appropriate management strategies to minimise the risk of alcohol related harm. In each case, the required security arrangements will be considered in the context of how to minimise harm, given the level of risk the premises or event represents. The DLL may decide that sufficient security is provided by a combination of responsible service of alcohol marshals, licensed crowd controllers or managers approved by the DLL under section 102B of the LC Act.

However, in general the expectation is that nightclubs and venues trading after 1am will have a ratio of two crowd controllers for the first 100 patrons, and another crowd controller for each additional 100 patrons (or part thereof). Depending on the nature and risk of a proposed large one-off event, a ratio of one crowd controller to 150 patrons may be considered for events that do not seek to trade beyond 1am. Further submissions may be required when lodging an application.

In making a decision, the DLL will consider the licensee’s history of compliance with the Liquor Control Act 1988.

Crowd controllers must:

• be licensed by the WA Police, under the Security and Related Activities (Control) Act 1996¹
• monitor the licensed premises and the behaviour of patrons arriving and leaving. For a premises, this will be from 8pm, or later if the premises opens later, and up to one hour after trading ceases
• be authorised in writing by the licensee or manager to be able to remove a person from a licensed premises.² This template provides an appropriate authorisation: Crowd controller notice of authorisation form
• have successfully completed the nationally accredited course in the Responsible Service of Alcohol.³

Licensees must have a communication strategy enabling crowd controllers to communicate with each other and with management throughout the duration of trading, or the event. This is to ensure effective communications between these parties, allowing the coordination of an appropriate response if an incident occurs.

CCTV

Closed circuit television video (CCTV) systems deter unlawful behaviour and aid management and law enforcement agencies to maintain public safety. The standard CCTV condition on licences is placed on permanent licences that trade beyond 1am. The CCTV system is to be operational and recording from 8pm (or from when the premises opens, if this is after 8pm), until one hour after trading ends.

The DLL may also require a CCTV system to record for the duration of an event, if it is considered high risk and more than 1000 people are expected in the licensed area. If required, this condition will be added to the licence on it being granted.

The CCTV surveillance system must:

• be installed by a licensed security system installer, kept in good repair, and serviced as necessary by a licensed technician
• comply with the current Australia and New Zealand Police Recommendations for CCTV Systems. This is the standard recommended by the Western Australian Police and ensures footage of a high enough standard to support legal action, if required
• monitor crowd movement and identify people entering and leaving
• record footage with metadata that identifies the camera and ensures footage cannot be tampered with. This must include a time and date stamp, camera location and identifier, and possibly other features such as a watermark.

The licensee and approved manager are responsible for the management and storage of the recordings and the effectiveness of the system. Details of any incident must be recorded in the incident register for the licensed premises. Recordings must be made available for viewing and/or exporting by the police, or any person authorised by the DLL, within 24 hours. The recordings must be kept for 28 days, unless the DLL specifies a different period. Licensees should make sure they get a system with enough backup capability to meet these timeframes.

The only people who are authorised to access the recordings are the licensee, approved manager, the police, or any person authorised by the DLL. Licensees should make themselves familiar with the Surveillance Devices Act 1998, particularly the penalties for unlawful use or disclosure of information obtained by surveillance devices.

For advice on the choice of CCTV surveillance systems, appropriate installation, and for details of licensed installers and technicians, licensees can contact:

• Security Agents Institute of Western Australia on 61 8 9427 0814 or email info@saiwa.asn.au
• Australian Security Industry Association on 1300 127 425.

Additional guidance

Further information on licence requirements is available, or contact 61 8 6551 4888.

Disclaimer

The policy on this subject is general information and is not professional advice or a legal opinion. The information is provided on the understanding that any person reading it must take responsibility for assessing its relevance and accuracy.

Notes

1. See sections 36, 37 and 39 of the Security and Related Activities (Control) Act 1996, which provides that a person must not act as, or be employed as, a crowd control agent, except if licensed under that Act. The penalty for breaching this requirement is $15,000 for both the person acting as a crowd controller, and the person who employed them
2. Liquor Control Act 1988 (LC Act) s126C
3. 14AD (4A) and (4B) Liquor Control Regulations 1989.

Approval

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