Its seems like a good idea, but....

GARY COPPOLA, MANAGER – LEGAL AND ADVOCACY

Occasionally we are asked questions here at the AHA|SA that cause us to pause and think. “That seems like a good idea, but why am I uneasy about it?”

One such question was a request as to whether alcohol could be provided from a vending machine inside licensed premises, with patrons required to purchase tokens to operate the machine, in a similar way to cigarette vending machines. The idea was to enable patrons to purchase cans from a machine in a part of the premises that did not have a bar in it.

The token idea would reduce the risk of minors accessing liquor, but the concept still didn’t seem to sit right. So, we discussed it, and decided to advise against it for a few reasons.

First, while the use of tokens which were purchased from bar staff reduced the risk of under-age drinking, it did not do so to an acceptable level. It would be far too easy for a patron to sell or give a token to an under-age person in an area that was not frequented by staff. Such behaviour might not amount to “secondary supply” under the Liquor Licensing Act and might arguably be lawful, at least until the minor actually used the token. We concluded that the risk was too high.

Secondly, unless the supply of tokens was restricted in numbers to (say) one or two at a time, how would the venue monitor responsible service? If a patron purchased several tokens and used them all at the same time to have perhaps 5 or 6 cans in front of them, the venue could be said to be supplying excessive quantities that did not represent the observance of proper service rules.

Thirdly, the obligation when selling liquor for consumption on the premises is to deliver the liquor in an open container. That isn’t possible in a vending machine, and if a patron (probably with no knowledge of the rules) left the premises with a sealed can that had been purchased for consumption on, the venue would be guilty of an offence under the Act. An appropriate sign above or near the machine would reduce the risk of that occurring but it could not eliminate the risk, especially if the area was not frequented by staff.

So, while it seemed like a good idea, we concluded that it created too many problems, and advised against it. Kudos to the licensee for thinking outside the box and for asking us first!