Responsible Retailing

Transcription

1 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D Responsible Retailing of Alcohol in Ireland Ltd, RRAI Store Management & Senior Staff Training Programme for the Voluntary Code of Practice on the Display and Sale of Alcohol Products in Mixed Trade Premises 2010 NOTE: Please note that this manual may be updated from time-to-time and will require to be revised in the event of new legislation. RESPONSIBLE RETAILING OF ALCOHOL IN IRELAND LTD

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3 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e CONTENTS Introduction 5 The Voluntary Code Of Practice 6 The Incident Book 6 Customer Complaints 7 Who Can Sell Alcohol? 7 Who Can Buy Alcohol? 8 How Must Alcohol Be Displayed For Sale? 8 Where And When Can Alcohol Be Sold? 8 Advertising Of Alcohol 9 Penalties For The Sale Of Alcohol To Underage Persons 9 Proof Of Age 10 Practical Guidelines To Prevent Underage Sales 10 Supplying Alcohol To People Who Are Drunk 11 Disorderly Conduct 12 Consumption Of Alcohol Within 100 Metres Of The Shop 13 Refusal Of Service 13 Refusal Of A Sale 14 The Equal Status Act, Powers Of An Garda Síochána To Come Into The Shop 15 Was Your Training Successful? 16 Appendix One: 17 Alcohol Sales Questionnaire 17 Answers To Questionnaire 19 Appendix Two: 20 Declaration Of Staff Member 20 Appendix three: 21 Explanatory Guidelines Underpinning The Code 21 Appendix four: 24 Front-Line Staff Training Manual

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5 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e Introduction This training programme has been created for use by staff working in a mixed trading premises. A mixed trading premises is a premises which sells alcohol in addition to other goods e.g. a supermarket, convenience store or petrol filling station which may sell hot and cold food, newspapers, petrol etc in addition to selling alcohol (including wine, beer and spirits) to the public. The purpose of this programme is twofold: (i) (ii) to facilitate the training of staff in the responsible retailing of alcohol, and as a reference material for staff to refer to during the course of their employment. This document sets out and explains the statutory and non-statutory obligations on any person who is directly involved in the sale of alcohol to the public within the retail trade. All persons working in a mixed trading premises who are in a position to sell 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. There are significant penalties which 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 Statutory and Non Statutory Obligations This training programme has been created with reference to the Licensing Acts and in accordance with the RRAI Code of Practice on the Display and Sale of Alcohol Products in Mixed Trading Premises and the RRAI Code Explanatory Guidelines. How To Use This Manual It is recommended that staff receive appropriate and comprehensive training in the responsible retailing of alcohol in advance of commencing work in a mixed trading premises. Each employer or the person responsible for training staff members should go through this booklet with each member of staff and ensure that the staff member understands each provision contained in this document. The staff member should then be given an opportunity and a reasonable amount of time to read this booklet and familiarise themselves comprehensively with its contents. Again an opportunity should be afforded to the staff member to ask any questions which they may have regarding the responsible retailing of alcohol. There is a questionnaire at the end of this booklet and all relevant staff members who receive this training should be in a position to answer this entire questionnaire correctly. Staff should also confirm that they have received and fully understand all training by signing the declaration at appendix two. It is also recommended that a copy of this booklet is provided to each appropriate staff member and that a further copy is available for perusal by any staff member within the store. 5

6 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D The Voluntary Code Of Practice Introduced In January 2009 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. The main principle behind the Code of Practice is that alcohol is not an ordinary household product and that it must be sold in a way which recognises this principle given its potential to cause harm to the user and others. The Code provides for an independent audit system to oversee compliance and requires an annual report on compliance levels to the Minister of Justice, Equality and Law Reform. 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 imperative that you familiarise yourself with the contents of the Guide to the Code of Practice appendixed to this manual 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. If the Minister for Justice Equality & Law Reform is of the view that compliance levels with the Code are poor, having received the results of the annual audit, revised arrangements (including statutory provisions) for the sale and display of alcohol products will be signed into Law by him. 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. If any incident occurs during your shift record the date and time and details of the incident and bring this to the attention of your manager/employer at the earliest opportunity. Entries in the incident book may be important for Court evidence. For example, if a person who is drunk attempts to buy alcohol in the store and service is refused, then this should be recorded in the Incident Book. 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. 6

7 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e 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. If a customer has a complaint about the implementation of the Code of Practice or the sale or display of alcohol in your shop, the following procedure should be followed: 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. You should note that customers have a right to take their complaint further to the RRAI. As stated above, a copy of the Code must be on display prominently in the shop. The name and contact details of the licence holder must be contained in the copy of the Code on display and the contact details for the RRAI must also be included. 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 you may carry out general duties in the shop or may make non liquor sales only. Persons employed in either a Supermarket, Convenience Store or Petrol Station who are under 18 years of age, may not under any circumstances go behind the counter to serve a customer alcohol. 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. 7

8 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D 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. 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. Alcohol products must be displayed as far as possible away from other food and beverage products. Although the Code of Practice does not require a physical wall or barrier separating food and alcohol, crossmerchandising 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. It is recommended that the sale of alcohol outside permitted hours is blocked on all cash registers where alcohol may be purchased. You should check this with your manager or employer. 8

9 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e 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. Advertising materials produced by retailers should not be aimed at minors and should not seek to glamorise alcohol consumption or encourage excessive consumption. Penalties For The Sale Of Alcohol To Underage Persons Temporary Closure Orders And Fines For Sale Of Alcohol To Underage Persons If a licence holder is convicted of selling to underage drinkers, or of another offence under the Licensing Acts, as referred to below, the Court has no discretion and must impose a Temporary Closure Order on the premises as well as a stiff fine. During the period of the closure order the premises is closed in its entirety and no business, even non liquor business, can be carried out. Penalties for the sale of alcohol to underage persons may include: Temporary closure orders are mandatory and the Judge has no discretion. For a first offence the closure will be up to a maximum of 7 days. For a second offence the closure will be for a minimum of 7 days up to a maximum of 30 days. A conviction under the Licensing Acts may lead to an endorsement on the Licence, Fines and Negative Publicity (as a sign stating why the premises is closed has to be clearly displayed in a prominent position at the premises). Fines of 1,000 for a first offence and 1,500 for second or subsequent offences may be imposed. 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. 9

10 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D 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 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 of alcohol TO AN UNDERAGE PERSON. 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? 10

11 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e 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. Restrictions On Underage Persons On Premises Which Are Used Only For The Sale Of Alcohol If there is any part of the premises, which is structurally separate from the remainder of the premises, e.g. a separate room adjoining the main shop floor, and this part of the premises is used for the sale of alcohol, then a person under the age of 18 must not be allowed to be on such a premises unless they are accompanied by a parent or a guardian. 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. The penalties for supplying alcohol to a drunken person may include the following: Temporary closure orders which are mandatory and the Judge has no discretion. For a first offence the closure will be for up to a maximum of 7 days. 11

12 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D For a second offence the closure will be for a minimum of 7 days up to a maximum of 30 days. A conviction under the Licensing Acts may lead to an endorsement on the Licence, Fines and Negative Publicity (as a sign stating why the premises is closed has to be clearly displayed in a prominent position at the premises). Fines of 1,500 for a first offence and 2,000 for second or subsequent offences may be imposed. 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. Disorderly conduct may include behaviour which could cause damage to property or behaviour which is likely to be a risk to the health, safety or welfare of any person in the shop. If a customer displays any of the above behaviours you should: Contact your manager so that they may deal with the situation. If there is no manager present you should ask the customer to leave the premises. If the customer refuses, do not put yourself in danger and call An Garda Síochána immediately. Record the incident in the incident book. The penalties for allowing disorderly conduct to take place may include the following: Temporary closure orders which are mandatory and the Judge has no discretion. For a first offence the closure will be for up to a maximum of 7 days. For a second offence the closure will be for a minimum of 7 days up to a maximum of 30 days. A conviction under the Licensing Acts may lead to an endorsement on the Licence, Fines and Negative Publicity (as a sign stating why the premises is closed has to be clearly displayed in a prominent position at the premises). Fines of 1,500 for a first offence and 2,000 for second or subsequent offences may be imposed. 12

13 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e 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. Once the occurrence of the offence comes to your attention you or your manager must immediately report the incident to An Garda Síochána. It is no defence to say that you were not aware of the offence in circumstances where you ought to have been aware. All such incidents should be recorded in the Incident Book, including the fact that An Garda Síochána were notified. The penalties for permitting the consumption of alcohol within 100 metres of the shop may include the following: Temporary closure orders which are mandatory and the Judge has no discretion. For a first offence the closure will be for a minimum of 2 days up to a maximum of 7 days. For a second offence the closure will be for a minimum of 7 days up to a maximum of 30 days. A conviction under the Licensing Acts may lead to an endorsement on the Licence, Fines and Negative Publicity (as a sign stating why the premises is closed has to be clearly displayed in a prominent position at the premises). Fines of 1,500 for 1st offence and 2,000 for 2nd or subsequent offences. Refusal Of Service If you have a reasonable belief based on your own knowledge and experience that to serve a particular person would lead to a substantial risk of criminal or disorderly conduct or behaviour or damage to property then you may refuse service to a particular individual. To make such a refusal you must have prior and subjective knowledge of the character of the actual individual customer which enables you to conclude that to serve them would give rise to a substantial risk of criminal or disorderly behaviour. The risk must be substantial and not merely possible and you must have a reasonable belief that such a substantial risk exists. 13

14 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D What Is A Reasonable Belief? It would not be reasonable to infer that there was a substantial risk of criminal/disorderly conduct just because service was sought by a member of a particular group. You must know from your own knowledge or experience that the person in question had engaged in criminal or disorderly conduct in the past, either in your shop or another establishment and you must have some other reasonable grounds for coming to the conclusion that they might engage in that type of conduct in your premises, aside entirely from their membership of a particular group. Fear of criminal or disorderly conduct must have a good foundation in fact and you must not rely on stereotypes or make assumptions about people based on any of the 9 categories included in the Equal Status Act, This Act is discussed below. Refusal Of A Sale If a decision is made to refuse service you must give a brief explanation to the customer and above all else make sure you have a valid reason for refusing service at the time the refusal is made. The refusal should be made by the Manager or by the next most senior member of staff working at the time if possible. Customers can be refused where a refusal is in good faith and for the sole purpose of complying with the licensing acts. Examples of this are: Where they are disorderly to prevent disorderly conduct on the premises. Where they are drunk. Where they are known to be drinking alcohol within a 100 metres of the premises. Where they are known to be handing over alcohol to persons under 18 years of age. You must always seek assistance from your manager/employer and you must always keep records of all incidents that occur in your shop. The Incident Book will play a vital part in defending any Equal Status claim against your shop. 14

15 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e The Equal Status Act, 2000 An understanding of this legislation is of critical importance to mixed trade retailers as there is a statutory link between breach of the Equal Status Act and section 19 of the Intoxicating Liquor Act Breach of this legislation can form the grounds for the objection to the renewal of a licence under subsection 10 of that Act. Section 19 of the Intoxicating Liquor Act 2003 states as follows: 2 A person who claims that prohibited conduct has been directed against him or her on, or at the point of entry to, licensed premises may apply to the District Court for redress. 3 On such an application the Court may, if satisfied that the applicant is entitled to redress, make such order as it considers appropriate in the circumstances, including one or more of the following orders: (a) (b) (c) an order for compensation for the effects of the prohibited conduct to be paid to the applicant by the licensee, an order that the licensee of the licensed premises concerned take a course of action specified in the order, an order for temporary closure of the premises in accordance with section 9 < ie/2003/en/act/pub/0031/sec0009.html#partii-sec9>, which section shall have effect, with the necessary modifications, in relation to the order. No business can discriminate against customers when admitting or serving them. All customers must be treated equally. Discrimination is described as less favourable treatment of a person or group of persons on any of the nine discriminatory groups below. It is an offence to treat people differently and in a discriminatory way for any of the following reasons: Race a particular race, colour or nationality. Religion no religious belief/different religious belief or background. Family Status pregnant/with children/sole carer. Marital Status single/married, separated, divorced/widowed. Age different ages. Gender male only/female only. Disability physical/mental and a range of medical conditions. Membership of the Traveller Community. Sexual orientation gay/lesbian. 15

16 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D Powers Of The Garda Síochána To Come Into The Shop A member of the Gardaí either in plain clothes or in uniform can come into the shop without a warrant at any time to do the following things: Inspection, examination, observation or enquiry. A member of An Garda Síochána may do what they think is proper for the following two purposes: 1. For the prevention of offences under the Intoxicating Liquor Acts. For example they may come in and make enquiries as to training procedures or to check on the age of staff selling behind the counter. 2. For the purpose of detection of an offence under the Intoxicating Liquor Acts For example if an underage person alleges they purchased alcohol in your shop the Gardaí may come to the shop to make enquiries of staff. It is up to the Gardaí to request to view your CCTV footage. You are obliged to let them examine this footage. They may not take the film away but they may request you to preserve it in the event they wish to get an Order to seize it, which you are obliged to do. The Gardaí may also request a statement to be made on the night in question or at some future date. If you are liable to prosecution you are entitled to make a statement but you are not obliged to do so. You are entitled to seek legal advice or your employer s advice before making a statement to the Gardaí. To prevent a member of the Garda Síochána from exercising his power under this legislation is punishable by a fine of 1,500 for a first offence and 2,000 for a second or subsequent offence. Always notify the manager immediately if there has been a visit from the Gardaí and record the details in the incident book. 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. 16

17 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e Appendix One 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? 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? 17

18 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D 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. What are the grounds of discrimination under the Equal Status Act? 15. What member of staff should refuse a sale to a person, for example where they are drunk/disorderly? 16. What should you do if an incident occurs in the store involving a refusal to serve? 17. Where should alcohol be displayed? 18. Can alcohol be purchased at unsupervised self-service checkouts? 18

19 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e Answers To Questionnaire Yes No 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. Race, religion, family status, marital status, age, gender, disability, membership of the Traveller Community and sexual orientation. 15. The store manager or the next most senior member of staff working at the time. 16. Ensure that all incidents noted in the incident book and reported to the manager if the manager is not present at the time. 17. 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. 18. No. 19

20 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D Appendix Two Declaration Of A 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: 20

21 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e Appendix Three Explanatory Guidelines (page 1 of 2) BRIEFING DOCUMENT: CODE OF PRACTICE ON THE DISPLAY AND SALE OF ALCOHOL PRODUCTS IN MIXED TRADE PREMISES IN STORE BRIEFING DOCUMENT This briefing document is intended to help with the initial briefing of in-store staff on the Voluntary Code of Compliance which has been agreed by the mixed trade sector. It seeks to give an explanation of the key features of the Code which will be displayed in participating stores and the Explanatory Memorandum which is part of the agreement, it does not replace these documents. WHAT IS THE CODE The basic principle underpinning this Code of Practice is that alcohol is not an ordinary household product despite being sold in many supermarkets, convenience stores and petrol stations. As a result the Irish retail industry have drawn up this Voluntary Code on the responsible retailing of alcoholic products and have committed to the Minister and Department of Justice, Equality and Law Reform, and the Minister and Department of Health and Children that it be implemented in full by all participants. The Code went live on December 1st HOW TO IMPLEMENT THE CODE The Code covers eight main areas. Understanding of, and commitment to, these principles are essential for all store employees involved in the display and sale of alcohol. 1. DISPLAY OF THE CODE The laminated copy of the Code sent to every participating retailer must be placed in a conspicuous space, in clear sight of every customer who visits the store. In larger stores a number of laminated copies may need to be displayed. The laminated copy represents the commitment of the licence holder to implement the standards of the Code and abide by its provisions. It alerts customers to the standards which they are entitled to expect. We have provided space on each laminated copy of the Code for each store to attach a printed label with the name and address of the licence holder. It is essential that this is correctly filled in, especially in the event of a customer complaint. In addition the address and website details of the RRAI will be preprinted on each laminated copy of the Code. 2. DISPLAY OF ALCOHOL Where possible the display of alcohol products should be in an area of the store that customers do not have to pass through in order to gain access to other beverages and food products. Ideally they should be positioned at the rear of the premises. Exceptions may be made for security reasons where such products are displayed behind a counter, but not in a window. In as far as possible they need to be separate from other beverages and food products. 3. ADVERTISING OF ALCOHOL In-store advertising of alcohol products should be confined to the area in which alcohol products are displayed. It should not be placed in windows or at internal locations where the intention is to display the product to people outside the store. Advertising (point of sale) materials produced by retailers must not: Be aimed at minors. Seek to glamorise alcohol consumption. Encourage excessive consumption. RESPONSIBLE RETAILING OF ALCOHOL IN IRELAND LTD 21

22 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D Explanatory Guidelines (page 2 of 2) 4. SALE OF ALCOHOL The sale of alcohol products is permitted only between 10.30am and 10.00pm on weekdays & Saturdays and between 12.30pm and 10.00pm on any Sunday or St. Patrick s Day (sales are not permitted on Christmas Day and Good Friday). Alcohol products will be sold only at clearly designated check-out points by persons over the age of 18 years. Check-out points at which alcohol products are sold, or alternatively the display area, will be monitored by CCTV. The sale of alcohol products by unsupervised self-service means is not permitted. The sale of alcohol products on a pay-on-delivery basis is not permitted. 5. PROOF OF AGE Production of a proof-of-age document must be demanded in all cases where the customer appears to be under the age of 21 years or otherwise where there may be a doubt about his or her age. The Garda Age Card is the preferred proof-of-age document. 6. STAFF TRAINING Store Managers and/or Licence Holders will ensure adequate training of staff members engaged in the display and sale of alcohol products and, in particular, ensure that such staff members have an adequate knowledge and understanding of the relevant areas of licensing law and of the Voluntary Code of Practice. 7. INDEPENDENT AUDIT A national independent audit will be carried out under the auspices of the RRAI for verification of compliance with the Voluntary Code of Practice. This audit and verification process will be carried out on an annual basis. The Code will be up-dated from time to time. The outcomes of the annual audit will be included in the independent Chairman s report to the Minister of Justice, Equality and Law Reform. The first report on Code compliance will be made to the Minister of Justice, Equality and Law Reform by the independent Chairman in September COMPLAINTS PROCEDURE A transparent and credible complaints procedure regarding the implementation of this Code will be critical to its success. Complaints regarding implementation of the Voluntary Code should in the first instance be acknowledged, dealt with and resolved at store level by the Store Manager or the holder of the alcohol licence. It should be noted that if a customers complaint regarding compliance to the Code is not dealt with to their satisfaction that they have the right to forward their complaint to the following address: The Chairman Responsible Retailing of Alcohol in Ireland (RRAI) Baggot Street Lower, Dublin 2 or chairman@rrai.ie Copies of all complaints and resolutions dealt with at store level should be forwarded to an agreed central point and a designated individual within each group or chain. WHAT IS THE RRAI The Irish retailing industry have established a body called Responsible Retailing of Alcohol in Ireland (RRAI) under the independent Chairmanship of Mr. Padraic White. The main objectives of the body are to: Communicate the Code to all relevant stakeholders. To support participating retailers with relevant information and training products. Measure compliance to the Code by means of an independent retail audit. Establish a credible and effective customer complaint procedure regarding the Code. The Chairman of the RRAI will present an independent report on the industries compliance with the Code to the Minister of Justice, Equality and Law Reform in September CONCLUSION Should an individual store have any queries regarding the Code of Practice, or this briefing document, it should in the first instance seek clarification from the appropriate person within its own head office. Should the store require further electronic copies of any of these documents, they will be available from both its own head office or from the RRAI website ( RESPONSIBLE RETAILING OF ALCOHOL IN IRELAND LTD 22

23 S t o r e M a n a g e m e n t & S e n i o r S t a f f Tr a i n i n g P r o g r a m m e Code of Practice Code of PraCtiCe on the display and sale of alcohol ProduCts in Mixed trading PreMises display of alcohol Alcohol products will, as far as possible, be displayed only in a part of the premises through which customers do not have to pass in order to obtain access to other beverages and food products (except where, for security reasons, such products are displayed behind the counter but not in a window). Alcohol products will be confined to that one part of the premises and will, as far as possible, be separated from other beverages and food products. advertising In-store advertising of alcohol products is confined to the area in which they are displayed and will not be placed in windows or at internal locations where it is intended to be seen from outside the premises. Advertising materials produced by retailers will not be aimed at minors and will not seek to glamorise alcohol consumption or encourage excessive consumption. sale of alcohol The sale of alcohol products is permitted only between 10.30am and 10.00pm on weekdays & Saturdays and between 12.30pm and 10.00pm on any Sunday or St. Patrick s Day (sales are not permitted on Christmas Day and Good Friday). Alcohol products will be sold only at clearly designated check-out points by persons over the age of 18 years. Check-out points at which alcohol products are sold, or alternatively the display area, will be monitored by CCTV. The sale of alcohol products by unsupervised self-service means is not permitted. The sale of alcohol products on a pay-on-delivery basis is not permitted. Proof of age Production of a proof-of-age document will be demanded in all cases where the customer appears to be under the age of 21 years or otherwise where there is a doubt about his or her age. The Garda Age Card is the preferred proof-of-age document. staff training Licence holders will ensure adequate training of staff members engaged in the sale of alcohol products and, in particular, that such staff members have an adequate knowledge and understanding of relevant areas of licensing law. independent audit Compliance with this Code of Practice is subject to independent audit and verification on an annual basis. The Code will be up-dated from time to time. CoMPlaints ProCedure Complaints regarding implementation of this Code should, in the first instance be made to the licence holder named below, or to the Store Manager and if this does not result in a successful resolution, then to: The Chairman, Responsible Retailing of Alcohol in Ireland Ltd (RRAI), Baggot Street Lower, Dublin 2 or chairman@rrai.ie Name and address of licence holder RESPONSIBLE RETAILING OF ALCOHOL IN IRELAND LTD 23

24 RESPONSIBLE RETAILING O F ALCOHOL IN IRELA N D Appendix Four Front-Line Staff Training Manual 24

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36 design by Responsible Retailing of Alcohol in Ireland Ltd (RRAI) Baggot Street Lower, Dublin 2 Tel: info@rrai.ie Web: