South Australian Consolidated Regulations

LIQUOR LICENSING (GENERAL) REGULATIONS 1997 - SCHEDULE 1A

Schedule 1A—Procedures for prevention of persons from entering, and removal of persons from, licensed premises

1         A person to whom this Schedule applies must, if practicable, before using force to prevent a person from entering, or remove a person from, licensed premises—

            (a)         advise the person that he or she is authorised under the Act to use reasonable force to prevent persons from entering, or remove persons from, licensed premises; and

            (b)         explain that he or she will, unless the person agrees that he or she will not enter the premises, or agrees to leave the premises, use force to prevent the person from entering, or remove the person from, the premises.

2         A person to whom this Schedule applies must not, while using force to prevent a person from entering, or remove a person from, licensed premises, hold the person above the person's shoulders, or undertake any other action in respect of the person, in a way that could prevent or restrict the inhalation of air by the person or cause the person to suffer asphyxia (unless the action is necessary in self-defence).

3         As soon as reasonably practicable following an incident involving the use of force to prevent a person from entering, or remove a person from, licensed premises, each person to whom this Schedule applies involved in the incident (other than a police officer) must, if he or she is not the licensee, report the incident to the licensee in writing, and must include in the report the details required to be recorded in the register to be maintained by the licensee under clause 4.

4         A licensee of licensed premises must ensure—

            (a)         that a record of each incident involving the use of force by a person to whom this Schedule applies (other than a police officer) to prevent a person from entering, or remove a person from, the premises is entered in a register of such incidents; and

            (b)         that each entry in the register—

                  (i)         is in the appropriate form set out in Schedule 2; and

                  (ii)         includes the details indicated as being required by that form; and

                  (iii)         is retained for at least 1 year following the occurrence of the incident; and

            (c)         that the register is kept on the licensed premises and is readily available for inspection or copying by an authorised officer (within the meaning of section 122 of the Act).