Safe and respectful workplaces in licensed venues
This page outlines how licensees and staff can ensure they are not falling below the minimum standard of behaviour required to work at, manage or own a licensed premises. This page also outlines the Respect@Work laws, which require employers to take action against sexual harassment, and includes free online training for retail and hospitality managers to help prevent and respond to workplace harassment.
The NSW Government supports a night-time economy that is safe and accessible for people of all ages, gender and cultural backgrounds. This includes reforms focused on safety, access and inclusion, that support and protect night-time workers as well as patrons.
Recent changes to the Liquor Act 2007, and upcoming changes to the Liquor Regulation 2018 ensure that workers who pose a serious risk of harm to other people, or licensees who fail to address serious harm can be removed from the hospitality industry, to protect the safety of others. This ensures that everyone can go out, or go to work, and have a safe experience.
Licensee responsibilities
Licensees have a responsibility to do everything they reasonably can to make sure the workplace is safe.
The positive duty in the Sex Discrimination Act 1984 (Cth) requires duty holders to take active measures to prevent work-related sexual harassment, sex discrimination, sexist behaviour and victimisation from occurring. This includes providing effective education and training for all workers.
There are many resources available on the positive duty in the Sex Discrimination Act 1984 (Cth) on the Australian Human Rights Commission’s website.
Licensees who fail to prevent or address a significant risk to the safety of employees or other people on the licensed premises may have their liquor licence suspended or revoked following an investigation by L&GNSW or another agency such as NSW Police, SafeWork NSW or the Australian Human Rights Commission.
A significant risk to the safety of employees or other people on the licensed premises refers to behaviours or circumstances that pose a serious threat to the physical or psycho-social wellbeing of individuals working at the venue. This includes, but is not limited to, incidents of sexual assault, physical violence, permitting staff intoxication or drug use, other aggressive conduct or that may result in harm.
Resources and training
Respect@Work laws require that all employers must take action to stop sexual harassment in the workplace.
This means giving all staff the right information and training to help prevent it.
The Department of Communities and Justice worked with the Australian Human Rights Commission to make free online training for retail and hospitality managers. It helps them:
- understand what workplace sexual harassment is
- learn how to stop it before it happens
- know what to do if someone reports it
- create a safer and more respectful workplace
An e-training package Understanding and eliminating work-related sexual harassment is available.
This online training is made to help the retail and hospitality industries deal with sexual harassment at work.
It supports managers by showing them how to prevent it and what to do if it happens.
Other resources that may be useful for licensees to ensure they are meeting their obligations in respect to responding to or preventing sexual harassment at work include:
Competency cardholder responsibilities
NSW competency cards are required to work in the liquor and gaming industry in NSW. The endorsements on the card include completed mandatory training and must be shown when requested by employers and authorities.
Competency cardholders, as workers in venues that sell or serve alcohol, are in a position of trust in a highly regulated industry. Cardholders are held to a high standard of behaviour to ensure the safety and wellbeing of patrons and staff within licensed premises.
Following upcoming changes to the Liquor Regulation 2018, competency card holders who have failed to meet this standard of behaviour, by putting other people at risk, may have their competency card revoked.
Removal of competency cardholders who breach the law or create a significant risk of harm to another person
A competency card may be suspended or revoked if the cardholder has breached their legal obligations under the Liquor Act 2007 or Liquor Regulation 2018, particularly those relating to the responsible service of alcohol, such as permitting intoxication on licensed premises.
A competency card may also be suspended or revoked if the competency cardholder has committed or been charged with a serious indictable offence involving violence committed at the venue or in the immediate vicinity of the venue.
Following upcoming changes to the Liquor Regulation 2018, the following offences may lead to a competency card being suspended or revoked:
- sexual offences
- food and drink spiking
- using poison to endanger life or inflict grievous bodily harm
- computer offences
- fraud and related offences
- stealing and similar offences
- domestic violence and other similar offences
- misuse of information offences
- money laundering and fraudulent offences.
It is important to note that being charged with, or having a conviction for one of the above provisions does not automatically prevent someone from working in a licensed premises. In order for a competency card to be removed, the person must also pose a significant risk of harm to another person.
A significant risk of harm to another person refers to conduct that, in context, indicates a genuine and ongoing risk to the safety or wellbeing of individuals on a licensed premises. This may arise from behaviour associated with the relevant offence, where the nature of the conduct would suggest the person could endanger others if permitted to work in a licensed environment.
Removal of a competency cardholder who is not fit and proper
A further update to the Liquor Regulation 2018 will allow an individual can have their competency card suspended or revoked where the person has shown they are not fit and proper to hold a competency card. Someone who has acted in a way that puts other people at substantial risk, or a way that calls into question their ability to perform their role may be found not to be fit and proper.
A competency cardholder can ensure they are acting in a fit and proper way by ensuring they are not engaging in or condoning sexual violence or drink spiking, as set out in the Responsible Service of Alcohol training, or otherwise acting contrary to SafeWork NSW’s Code of Practice on Sexual and gender-based harassment.
A competency cardholder who:
- sexually assaults or harasses others
- is violent or dangerous
- pressures others to consume prohibited drugs while at work
creates serious risks to the safety or wellbeing of others, and may not be considered fit and proper to be a cardholder.
Applications to suspend or revoke a competency card must be made to the Independent Liquor & Gaming Authority (ILGA) by Liquor & Gaming NSW or the Commissioner of Police. Before making a decision, ILGA will invite the individual to make a submission. If ILGA decides to revoke the card, the individual may seek a review of the decision through the NSW Civil and Administrative Tribunal (NCAT).
Frequently asked questions (FAQs)
How can I report unacceptable behaviour by a licensee or competency cardholder
You can make a report about unacceptable behaviour by a venue operator or staff member through our complaints form. Criminal behaviour should also be reported to NSW Police as the primary law enforcement agency. You can report sexual assault to Police through the Sexual assault reporting option portal.
What safeguards are in place to ensure a fair process when suspending or revoking a competency card?
Before any decision is made to suspend or revoke a competency card, the individual will be given an opportunity to respond. L&GNSW or the Commissioner of Police must apply to the Independent Liquor & Gaming Authority (ILGA), which invites and considers submissions before making a determination. If ILGA decides to revoke a card, the individual may seek a review of the decision through the NSW Civil and Administrative Tribunal (NCAT).
Can a licensee be penalised for failing to act on staff safety concerns even if no offence has occurred?
Yes. Under the Liquor Act 2007, licensees have a duty to take reasonable steps to prevent and respond to serious risks to safety. This includes acting on credible complaints or patterns of behaviour that may not yet amount to a criminal offence but still pose a significant risk to staff or patrons.
Are employers required to act if they suspect a staff member poses a significant risk to the safety of staff or patrons at a venue?
Yes. Employers and licensees are expected to take proactive steps, including suspending staff, reporting concerns, and ensuring the individual does not continue working in a role that could endanger others.
What happens if a competency card is revoked?
If a card is revoked, the individual is no longer authorised to work in roles that require a competency card under NSW liquor and gaming laws.
Is there a right of appeal if my card is suspended or revoked?
Yes. Individuals may seek a review of the decision through the NSW Civil and Administrative Tribunal (NCAT).
Do these reforms apply to casual or part-time staff?
Yes. All staff working on licensed premises, regardless of employment type, are subject to the same standards and competency card requirements.
What should I do if I witness concerning behaviour at work?
Licensees and staff should follow internal reporting procedures and, where appropriate, report serious incidents to police and L&GNSW. If the behaviour poses a risk to other employees then a report can also be made to SafeWork NSW. Employers are expected to take all reasonable steps to respond to safety concerns.
Does the ’fit and proper’ test apply to licensees as well as staff?
Yes. All competency cardholders, including licensees, must meet the fit and proper person standard for competency cardholders. This includes acting with integrity, ensuring safety, and complying with legal obligations.