Front-Line

StaffTrain

ing

Programm

emanual

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Front-Line Staff Training Programme

for Alcohol Sales

OF ALCOHOL IN IRELAND

RESPONSIBLE RETAILING

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2

IntroductIon

The sale of alcohol in supermarkets and convenience stores is regulated by The Intoxicating Liquor Acts and the Code of Practice on the Display and Sale of Alcohol in mixed trading premises (i.e. supermarkets, convenience stores, garage with convenience shop, etc.)

Anyone working in a supermarket or convenience store which sells any form of alcohol are obliged to act responsibly when serving customers and must take every precaution to ensure that customers under the age of 18 or drunken persons are not served alcohol. Very significant penalties may be imposed on any retailer who is found to have sold alcohol in contravention of the relevant legislation. A failure to comply with the Code of Practice on the Display and sale of Alcohol Products in Mixed Trading Premises (“The Code of Practice”) may result in difficult sale conditions being imposed on the mixed trade section of the retail industry. A staff member employed in a mixed trading premises who sells alcohol in contravention of this training programme may also face disciplinary action from their employer.

the code of PractIce on the dIsPlay and sale of alcohol Products In MIxed trade PreMIses

A Code of Practice was drawn up by the mixed trade section of the retail industry in consultation with the Department of Justice, Equality and Law Reform and the Department of Health and Children for the display and sale of alcohol.

A laminated copy of the Code of Practice must be displayed clearly in a prominent position in the shop, in clear sight of every customer who visits the store. The name and contact details of the licence holder and the contact details for the RRAI must be included in the copy of the Code on display.

It is vital that you familiarise yourself with the contents of the Guide to the Code of Practice and ensure that the premises is operating in accordance with it. Any customer complaints concerning the Code must be reported to your employer immediately so appropriate action may be taken promptly.

“A staff member employed in a mixed trading premises who sells alcohol in contravention of this training programme may also face disciplinary action from their employer”

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3

code of PractIce O

F ALCOHOL IN IRELAND

RESPONSIBLE RETAILING

RESPONSIBLE RETAILING OF ALCOHOL IN IRELAND LTD

Code of PraCtiCe on the disPlay and sale of alCohol ProduCts in Mixed trading PreMises

disPlay of alCohol• Alcoholproductswill,asfaraspossible,bedisplayed

onlyinapartofthepremisesthroughwhichcustomersdonothavetopassinordertoobtainaccesstootherbeveragesandfoodproducts(exceptwhere,forsecurityreasons,suchproductsaredisplayedbehindthecounterbutnotinawindow).

• Alcoholproductswillbeconfinedtothatonepartofthepremisesandwill,asfaraspossible,beseparatedfromotherbeveragesandfoodproducts.

advertising• In-storeadvertisingofalcoholproductsisconfined

totheareainwhichtheyaredisplayedandwillnotbeplacedinwindowsoratinternallocationswhereitisintendedtobeseenfromoutsidethepremises.

• Advertisingmaterialsproducedbyretailerswillnotbeaimedatminorsandwillnotseektoglamorisealcoholconsumptionorencourageexcessiveconsumption.

sale of alCohol• Thesaleofalcoholproductsispermittedonlybetween

10.30amand10.00pmonweekdays&Saturdaysandbetween12.30pmand10.00pmonanySundayorSt.Patrick’sDay(salesarenotpermittedonChristmasDayandGoodFriday).

• Alcoholproductswillbesoldonlyatclearlydesignatedcheck-outpointsbypersonsovertheageof18years.

• Check-outpointsatwhichalcoholproductsaresold,oralternativelythedisplayarea,willbemonitoredbyCCTV.

• Thesaleofalcoholproductsbyunsupervisedself-servicemeansisnotpermitted.

• Thesaleofalcoholproductsona“pay-on-delivery”basisisnotpermitted.

Proof of age• Productionofaproof-of-agedocumentwillbe

demandedinallcaseswherethecustomerappearstobeundertheageof21yearsorotherwisewherethereisadoubtabouthisorherage.

• TheGardaAgeCardisthepreferredproof-of-agedocument.

staff training• Licenceholderswillensureadequatetrainingofstaff

membersengagedinthesaleofalcoholproductsand,inparticular,thatsuchstaffmembershaveanadequateknowledgeandunderstandingofrelevantareasoflicensinglaw.

indePendent audit• CompliancewiththisCodeofPracticeissubjectto

independentauditandverificationonanannualbasis.TheCodewillbeup-datedfromtimetotime.

CoMPlaints ProCedureComplaintsregardingimplementationofthisCodeshould,inthefirstinstancebemadetothelicenceholdernamedbelow,ortotheStoreManagerandifthisdoesnotresultinasuccessfulresolution,thento:TheChairman,ResponsibleRetailingofAlcoholinIrelandLtd(RRAI),84-86BaggotStreetLower,Dublin2oremail:chairman@rrai.ie

Name and address of licence holder

Mr. Sean MurphyMain StreetDublin

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how Must alcohol Be dIsPlayed for sale?Alcohol products must, as far as possible, be displayed only in a part of the premises through which customers do not have to pass in order to gain access to other beverages or food. Cross-merchandising of alcohol and food is strictly forbidden. This means that alcohol cannot be displayed on shelving etc which also hold other food and beverage items.

The display of alcohol products behind the counter is permitted if this is in the interest of security. However, alcohol cannot be displayed in the windows of the store.

where and when can alcohol Be sold?The sale of alcohol products is only permitted during the following times:

• Between 10.30am and 10.00pm on Monday to Saturday, and

• Between 12.30pm and 10.00pm on any Sunday or St. Patrick’s Day (sales are not permitted on Good Friday or Christmas Day).

Alcohol products must be sold only at clearly designated checkout points by persons of 18 years and over. The sale of alcohol products at unsupervised self-service checkouts is not permitted.

advertIsIng of alcohol

In-store advertising of alcohol products must be confined to the area in which the alcohol products are displayed (e.g. don’t place an advert for beer in the bread section!). Advertisements for alcohol products must not be placed in windows or at internal locations where these advertisements can be seen from outside the premises.

“Only in a part of the premises through which customers do not have to pass in order to gain access to other beverages or food”

OPENMonday to Saturday10.30am-10.00pm

Sunday12.30pm -10.00pm

“10.30am and 10.00pm Monday to Saturday & 12.30pm and 10.00pm on any Sunday and St. Patrick’s Day”

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who can sell alcohol?Only persons aged 18 years or over may sell alcohol otherwise a criminal offence will be committed.

If you are under 18 and you are operating a non alcohol payment register or a customer presents alcohol during the transaction you must:

• Call the Manager or a member of staff who is 18 or over.

• You may scan non alcoholic items while you are waiting.

Your Manager or staff member over 18 will scan the alcoholic items and will complete the transaction and take the payment – you must not scan the alcohol and complete the transaction.

who can Buy alcohol?Only persons aged 18 years or over may purchase alcohol.

In the event of a conviction for the sale of alcohol to a person under 18, the Court must impose a temporary closure order on the premises and impose a large fine on the premises.

Proof of age

Anyone who looks under 21 should be asked for identification (“ID”) as proof of age. DO NOT TAKE A CHANCE. Always ask for identification, even if the store is busy. It is better to decline a sale than to mistakenly sell to someone under 18, which may result in a conviction, fine and temporary closure order against the premises.

Do not rely on appearance only. Take into account the body language of the person and note if there are any persons who look under 18 with them either inside or outside of the store.

The Garda National Age Card is the preferred proof of age.

NB – ONLY THE NATIONAL AGE CARD PROVIDES A DEFENCE IN COURT TO A CHARGE OF SALE TO AN UNDERAGE PERSON.

“Only persons aged 18 years or over may sell alcohol otherwise a criminal offence will be committed”

“Only persons aged 18 years or over may purchase alcohol”

“It is better to decline a sale than to mistakenly sell to someone under 18 years of age”

18+

18+

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Where management policy may accept passports and drivers licences as proof of age documents this is done in recognition that the only acceptable defence in court to a charge of sale of alcohol to an underage person is the National Age Card. Student cards may not be accepted under any circumstances.

Take time to examine the ID carefully and compare the photograph to the customer. Ask yourself does the ID look genuine. If you are unhappy with the age ID refuse the sale politely.

If no acceptable ID is produced, decline the sale politely and request the customer to return with acceptable proof of age documentation.

If you encounter resistance stay calm and explain that under the law you are obliged to ask for proof of age. If a customer persists, refer the matter to the manager.

Even regular customers (whom you may have asked before for proof of age or whom may be known to you i.e. neighbours etc.) must be asked for proof of age on each occasion if they look younger than 21.

If you are aware or suspicious that alcohol is being purchased for someone who is under 18 then you must refuse the sale.

PractIcal guIdelInes to Prevent underage sales

Care and time must be taken to assess the following factors:

• The customer’s true age.

• Who is accompanying them (e.g. are the people accompanying them under 18 years).

• Remember when you are making a sale of alcohol you may be making a sale to a wider party of people other than those who are standing before you at the counter.

• Does the quality or mix of products look suspicious? For example is a person seeking 3 naggins of spirits rather than a large bottle?

• Be particularly vigilant at certain times for underage persons attempting to purchase alcohol for example Friday nights, Saturday nights, the day of the Junior Certificate or Leaving Certificate results and the days prior to this.

• Always be conscious that purchases made may be handed over to someone under 18 years and look out for this. If you see someone handing over alcohol to a minor inform the local branch of An Garda Síochána immediately.

• Never accept payment from a minor, ever if accompanied by a parent or guardian. This is illegal even if the parent assures you the alcohol is for them.

• Make sure any such incident is recorded in the incident book even though you may not know the identity of the customer.

“Only the National Age Card provides a defence in court to a charge of sale to and underage person”

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aIdIng and aBettIng

Employees who sell alcohol to underage drinkers can themselves be prosecuted for “aiding and abetting”.

While the prime responsibility for such matters lies with the licence holder legal responsibility also lies with the person involved in the transaction. An Garda Síochána are now prosecuting employees who have been involved in underage sales on a regular basis as well as the licence holders themselves.

suPPlyIng alcohol to PeoPle who are drunk

It is an offence to supply alcohol to a person who is drunk. A conviction for this offence can result in a temporary closure order being imposed on the premises.

By law a “Drunken Person” means a person who is intoxicated to such an extent as would give rise to a reasonable fear that the person might endanger themselves or anyone else.

You should be on the lookout for customers who display the normal signs associated with drunkenness e.g. slurred speech, swaying, staggering or rowdy behaviour. If a customer demonstrates any of the above signs you should alert your Manager to deal with the situation.

If there is no manager present you should politely take the customer aside, if possible away from other customers, and explain that you are unable to sell alcohol to him and ask him to leave the premises. If the customer refuses to leave do not put yourself in danger and call An Garda Síochána immediately.

Make sure any such incident is recorded in the incident book even though you may not know the identity of the customer. Record the time of the incident the reasons why you were of the opinion the customer was drunk.

dIsorderly conduct

It is an offence to allow disorderly conduct to take place on licensed premises. “Disorderly Conduct” is defined as any unreasonable behaviour which having regard to all the circumstances is likely to cause injury, fear or distress to anybody on the premises and includes violent, threatening, abusive, quarrelsome or insulting behaviour.

“An Garda Síochána are now prosecuting employees who have been involved in under age sales on a regular basis as well as the licence holders themselves”

“It is an offence to supply alcohol to a person who is drunk”

“It is an offence to allow disorderly conduct to take place on licensed premises”

GardaSíochána

DRUNK

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consuMPtIon of alcohol wIthIn 100 Metres of the shoP

It is an offence to permit the consumption of alcohol which was purchased in your shop to be consumed at the entrance of the store or within 100 metres of the shop, for example any car park or any public place.

the IncIdent Book

Your shop has an incident book in which you should record anything out of the ordinary that may have occurred during your shift, for example underage persons trying to buy alcohol, a drunken person trying to buy alcohol, a visit from the An Garda Síochána (state reason for visit) or a potential equal status incident. If you are unsure as to where this incident book is located, ask your employer or manager.

You should make a note of the date and time of the incident, the reason service was refused, the names of other staff members or witnesses who were present in the shop at

the time of the incident, a description of the person who tried to buy alcohol and a note of the conversation with the person when the sale was refused. Entries in the incident book may be important for Court evidence.

custoMer coMPlaInts

Under the Code of Practice referred to above, customers are permitted to lodge complaints if it appears that the Code is not being complied with within the store.

Complaints procedure:

1. Acknowledge the complaint and call your store manager or employer so that they may deal with the complaint and try to resolve the issue at store level.

2. If no manager is available, take the customers details and details of the complaint so that you may pass this information to your manager/employer when they return.

3. Write down all details of the complaint and the customer’s details in the incident book.

Customers have a right to take their complaint further to the RRAI.

“It is an offence to permit the consumption of alcohol which was purchased in your shop to be consumed at the entrance of the store or within 100 metres of the shop”

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9

was your traInIng PrograMMe successful?If you are happy that you understand the legislation and your responsibilities when serving customers please sign the declaration at appendix two. If not, it is your responsibility to approach your Manager who will take more time to explain the legislation and procedures in this programme. In order to ensure compliance with the Code of Practice, every relevant staff member must be fully trained as to the relevant areas of licensing law as set out above.

alcohol sales – QuestIonnaIre

(To be completed by staff member after training)

1. What age must you be to sell alcohol to a customer?

2. What age must a customer be to purchase alcohol?

3. Where must the Code of Practice be displayed?

4. What should you do if a customer complains that the Code of Practice is not being adhered to?

5. What advertising of alcohol is permitted in-store?

6. What type of person should you ask for proof of age?

7. What is the preferred proof of age?

8. If a customer has no proof of age, what should you do?

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9. If a person under the age of 18 is purchasing alcohol for an adult, e.g. a parent, and they are accompanied by this adult, can you sell alcohol to this person?

10. Can an employee who sells to an underage person be prosecuted?

11. How long can a temporary closure order last for a first and second offence?

12. If a customer is drunk should you sell them alcohol?

13. What should you do if you see customers drinking alcohol within 100 metres of the premises?

14. Where should alcohol be displayed?

15. Can alcohol be purchased at unsupervised self-service checkouts?

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answers to QuestIonnaIre

1. 18

2. 18

3. A laminated copy of the Code should be displayed clearly in a prominent position in the shop so that it may be viewed easily by customers.

4. Such complaints should in the first instance be acknowledged, dealt with and resolved at store level by the store manager or licence holder. Complaints should be promptly recorded in the incident book.

5. In-store advertising of alcohol products must be confined to the area in which they are displayed and may not be placed in windows or at internal locations where they can be seen from outside the premises.

6. Anyone who looks under 21 years of age who wants to buy alcohol.

7. The Garda National Age Card.

8. Decline the sale politely and request that the customer return with proof of age.

9. No. Alcohol must never be sold to a person under the age of eighteen years.

10. Yes, for aiding and abetting a sale to an underage person.

11. Up to seven days and up to 30 days.

12. No, it is an offence to sell alcohol to a drunken person, which can result in the temporary closure of the premises.

13. You should inform the manager immediately and if the manager is not available you should contact the Gardaí.

14. Alcohol should be displayed as far away from other food and beverage products as is possible. Alcohol may be displayed behind the counter for security purposes. Alcohol must never be displayed in store windows.

15. No.

declaratIon of staff MeMBer

By signing this document I confirm that I have read and fully understand the above information regarding the sale of alcohol. I undertake to follow the above procedures at all times and to complete my work in accordance with the provisions of this training programme. I understand that any failure by me to follow these procedures may result in disciplinary sanction and possible dismissal from my employment in addition to any criminal sanction which may be imposed on me or my employer under the relevant legislation.

sIgned: date:

wItnessed: date:

Responsible Retailin

g of Alco

hol

in Ire

land Ltd (RRAI)

84-86 Baggot Stre

et Lower, D

ublin 2

Tel: +353 1 605 1500

Email: info@rra

i.ie

Web: www.rra

i.ie

FOR FURTHER INFORMATION

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