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The Liquor Act 1992 (Liquor Act) requires licensees at certain licensed premises to commence the mandatory scanning of patron photo identification (ID) from 1 July 2017.

Section 173EH – Scanning obligations of licensees for regulated premises

(1) The licensee for regulated premises must ensure that, during the regulated hours for the premises, no person is allowed to enter the premises as a patron unless—

 

  1. the person produces a photo ID; and
  2. a staff member of the licensed premises scans the photo ID using an approved ID scanner linked to an approved ID scanning system; and
  3. the scan of the photo ID indicates the person is not subject to a banning order for the premises.

The Chief Executive generally agrees that persons who operate ID scanners are required to be licensed as a crowd controller.  However, the Chief Executive has today released a policy that will exempt a person from the requirement to be licensed as a crowd controller to operate an ID scanner subject to the following conditions;

  • the person is scanning a patron’s ID, as required by section 173EH of the Liquor Act 1992; and
  • the person is accompanied and directly supervised by a licensed crowd controller for such duties at all times; and
  • the crowd controller independently assesses both the ID and the patron and appropriately screens the entry of the patron; and
  • if the ID scan identifies a banned patron, only a crowd controller may remove that person from on or around the premises; and
  • in any physical interaction between a crowd controller and a patron, a person merely scanning a patron’s ID must avoid all involvement.

This is a big win for the crowd control industry, and to be honest common sense.   Why would you put the hospitality industry in the front line to identify high risk patrons that have been previously banned from a locality due to violent and improper conduct?

The Chief Executive proposes to review this exemption within 12 months of the commencement of section 173EH of the Liquor Act i.e. from 1 July 2017.