Although as at the time of writing the debate about the merits (or lack thereof) of mandatory ID scanning continues, in the interests of trying to simplify a very complex policy we have developed the following flow chart and accompanying notes (PDF download). These attempt to set out the procedure and considerations at the door to the affected licensed premises. We have not included anything regarding the privacy obligations. Liquor licensees will have recently received email correspondence on this subject from OLGR. All of the content of those emails is also on the OLGR website and can be accessed here: Guideline 64: Privacy obligations for establishing and operating identification scanning systems.
ID Scanning Flowchart Notes
1: Patron
Defined as a person entering or seeking to enter the licensed premises to use the areas, facilities or services on offer at the premises.
2: Licensed Area
Strictly speaking, a patron needs to be scanned (if required) before they cross the threshold of the licensed area.
3: Trading period
The period starting on one day and extending to or beyond midnight into the following day.
4: Exempt Classes
At the moment, the exempt classes of liquor licence are commercial special facility licences for casinos and convention centres, subsidiary on-premises (meals) licences – so restaurants and cafes – and subsidiary on-premises licences if the principal activity of the business conducted under the licence is the provision of accommodation.
5: Function
Defined as an event or occasion to which persons are invited by or for the organiser. The definition also in effect requires that the organiser must be someone other than the licensee.
6: Meal
Defined as food that—
- is eaten by a person sitting at a table, or fixed structure used as a table, with cutlery provided for the purpose of eating the food; and
- is of sufficient substance as to be ordinarily accepted as a meal.
7: Dining Area
Here dining area means an area ordinarily set aside for dining, which is defined as the part of the licensed premises that is set aside as the regular or usual place for dining on the licensed premises, but does not include a part of the licensed premises set aside merely for a particular day.
8: Exempt Minors
Minors are of course only permitted on licensed premises if they are an exempt minor. The exempt categories include:
- the minor is a resident on the premises; or
- the minor is on the premises to—
- perform duties as an employee of the owner, or occupier, of the premises or a part of the premises; or
- perform duties in the conduct of a lawful business; or
- perform duties while receiving training for employment or work experience; or
- the minor is attending a function being held on the premises; or
- the premises are premises to which a community club licence, community other licence, craft beer producer permit or restricted liquor permit relates and the minor’s presence does not contravene the club’s rules or a condition of the licence or permit; or
- the minor is on the premises for a purpose, and in circumstances, approved by the commissioner or stated in a condition of the licence or permit; or
- the minor—
- is eating a meal on the premises; or
- is accompanied by a responsible adult who is responsibly supervising the minor.
However, a minor is not an exempt minor merely because the minor is eating a meal on the premises or accompanied by a responsible adult if—
- the minor is on premises after 5p.m.; and
- the licence for the premises is a nightclub licence.
9: Exemptions
It’s possible for a licensee to apply to have the regulated hours for scanning adjusted, or to have an area of the premises declared as not requiring scanning. For example, you may be successful in having the requirement for scanning removed for patrons attending only to use a gaming room, or accessing certain outdoor areas, such as a footpath dining area.
10: Scanner Malfunction
A scanner malfunction is what the Act refers to as a system failure meaning relevantly for a licensee a fault in, damage to the ID scanner; or a failure ID scanning system to which the ID scanner is linked.
11: Banned List
If there is a system failure then the licensee must check patrons against a banned list. The banned list must be provided to the licensee by the scanner company and it remains valid for 7 days.
12: May be welcomed into your venue
Note that whether or not a person is scanned successfully and the system tells you they’re not a banned person, your normal procedures for vetting entry will still apply, and you retain your usual rights to exclude undesirable people from your venue.
