Liquor & Gaming NSW ('L&GNSW') oversees the regulation of liquor, gaming, wagering, casinos, and registered clubs in NSW. They handle compliance and enforcement, provide policy advice to the government, issue licenses for certain activities, and offer support and education to the industry. If you have a complaint about any of these sectors, you can report it to L&GNSW.
What types of complaints can you make?
L&GNSW serves as the regulatory authority overseeing the operation of bars, clubs, gaming venues, as well as supervising event organisers and license holders in these sectors. It's tasked with addressing a variety of concerns to ensure these entities operate fairly, safely, and in accordance with the law. Among the issues L&GNSW investigates are:
Regulatory Compliance and Industry Practices
This includes monitoring and enforcing adherence to laws and regulations governing liquor and gaming in New South Wales. Complaints in this category may include, but are not limited to:
- Licensing and Operational Standards: Report any venues not operating within the terms of their licenses. Compliance ensures venues operate responsibly, respecting legal requirements and public health guidelines. This includes things such as:
- Minimum Age Requirements for Staff and Patrons
- Licensing Hours for Operation
- Premises Capacity Regulations
- Accessibility Compliance
- Noise Control Measures
- Health and Sanitation Standards
- Fire Safety and Emergency Preparedness
- Security Measures
- Responsible Service and Consumption of Alcohol: Issues related to the over-serving of alcohol, serving alcohol to minors, and not following Responsible Service of Alcohol ('RSA') guidelines. This includes things such as:
- Refusal of Service to Intoxicated Patrons
- ID Checks to Prevent Underage Drinking
- Promotion of Non-Alcoholic Beverages
- Staff Training on Responsible Service
- Safe Transport Options
- Handling Alcohol-Related Incidents
- Promotion of Drinking Water
- Limitations on Alcohol Promotions
- Gaming and Betting Regulation: Complaints can be filed against venues that fail to operate gaming machines according to regulations, do not practice fair gaming, or breach gambling advertising restrictions. This includes things such as:
- Age Verification for Gamblers
- Limits on Betting Amounts
- Self-Exclusion Programs
- Advertising Restrictions
- Responsible Gambling Awareness
- Training and Accreditation: All staff members at licensed venues must be properly trained and accredited, especially in critical areas like RSA and RCG. This includes things such as:
- Responsible Service of Alcohol Certification
- Gambling Service Accreditation
- First Aid Training
- Fire Safety Training
- Customer Service Training
- Food Safety Certification
- Security Personnel Licensing
- Venue Management and Safety Standards: Complaints can be directed towards venues that fail to maintain proper physical upkeep, neglect emergency procedures, or fall short of general safety standards. This includes things such as:
- Crowd Control Measures
- Surveillance Systems
- Regular Safety Inspections
- Maintenance of Facilities
- Emergency Exit Accessibility
- Staff-to-Patron Ratios
- Drug and Alcohol Policies
Customer Service
L&GNSW also deals with complaints regarding the quality of service provided by venues and event organizers. This includes, but is not limited to:
- Delay in Service: File a complaint if you experience unreasonable delays in receiving a response or action from L&GNSW regarding a submitted query or report.
- Staff Conduct: Report unprofessional or inappropriate behaviour by staff members of L&GNSW.
- Process Transparency: Issues concerning the clarity, fairness, or transparency of the complaint handling process by L&GNSW.
Community Safety and Impact
Concerns about how the operation of these venues affects local communities and the safety of patrons fall under this category. It covers complaints including, but not limited to:
- Noise Pollution: Lodge a complaint if continuous noise from a nightclub or similar venue is affecting the peace and well-being of nearby residents.
- Public Disturbances: Report if a bar or venue consistently sees fights or altercations spilling out onto the streets, disturbing public peace and safety.
- Parking and Traffic Issues: Venues that contribute to congestion and parking problems in residential areas, especially those without adequate parking solutions.
- Anti-social Behaviours: Venues where patrons are regularly involved in vandalism, public urination, or other forms of anti-social behaviour.
- Safety Hazards: Report venues that fail to adhere to safety regulations, creating potential hazards for patrons and employees alike.
- Formal Disturbance Complaints: Licensees have certain obligations to ensure any negative impact on local residents or businesses in their community is minimised.
Jurisdiction:
L&GNSW administers the regulatory framework for the liquor, gaming, wagering, casino and registered clubs sectors in NSW.
Time Limitations:
There are no specific timeframes but where a complaint is made a significant amount of time after the relevant conduct, the complaint may have lower prospects of success and L&GNSW may decide not to investigate the complaint.
L&GNSW will not deal with complaints about:
L&GNSW may decide not to investigate certain claims, such as:
- One-off, isolated events
- Frivolous, vexatious, not in good faith or raise low risk or trivial matters
- Customer service or consumer issues, better dealt with by a licensee or operator
- Matters that reference historical allegations, so that investigation is impractical, or is unlikely that enforcement action for an offence can proceed
- Matters that do not include supporting evidence, and such evidence could not be readily obtained
- Matters that have already been rectified
- Issues more appropriately resolved directly between the parties
- Breaches more effectively dealt with by another agency, particularly NSW Police
L&GNSW cannot act as an intermediary or negotiate an outcome to resolve consumer issues. This includes not being able to recover funds lost during gaming play or due to the actions of a wagering operator, although it may still investigate whether an offence has been committed.
Exercise of discretion:
L&GNSW does not investigate all reported breaches. Complaints reported to them are considered by a Complaints Assessment Committee, in line with their Compliance & Enforcement Policy. Every complaint is considered and they exercise discretion in determining whether they commit resources to a formal investigation, or take other action.
Some of the factors that are considered before a determination is made to pursue an investigation are:
- Whether the breach is within their scope and jurisdiction
- Whether the body is the most appropriate agency to respond
- The objectives and purposes of the relevant legislation and the available enforcement options
- The risk and level of potential harm
- The likelihood of continued or repeated non-compliance
- The likelihood of a successful outcome
- Any negative impact of their actions
- The administrative load of any action and the impact it may have on the industry participant and other stakeholders
- Intelligence, including culpability and compliance history
- Whether resource requirements are proportionate to achieving a desired outcome
- The likely public perception of the breach and the manner with which it is dealt
Who can you make a complaint against?
You can make a complaint against:
- Licensed venues: There are many licensed venues in NSW which may include but are not limited to: a registered club, a hotel/pub/bar/restaurant, a bottle shop or a winery/cellar door. You can search for any licensed venue here.
- Wagering/ casino operators: Sports betting agencies (e.g. TAB), NSW casinos (e.g. The Star Casino, Crown Sydney), clubs, pubs
- An RSA or RCG course provider: Any approved training provider ('ATP'). You can find an ATP via the search and mapping tool here.
- L&GNSW: L&GNSW, in relation to their customer service.
L&GNSW will not deal with complaints about:
L&GNSW cannot regulate gambling venues outside of NSW. Online wagering operators are licensed in different states and territories across Australia and as such, complaints should be directed to the authority where the operator is located. The Australian Communications and Media Authority ('ACMA') maintains a register of licensed online operators and who to contact with a complaint here.
Overseas gambling websites with online casino games and slot machines using real money are illegal in Australia. People who use them have very few or no consumer protection rights at all.
Are you eligible to make a complaint?
Who can make a complaint?
Anyone can make a complaint to L&GNSW.
Have you tried to resolve your complaint directly with the venue, gaming operator or people concerned?
Before you lodge a complaint, you should raise your complaint directly with the venue, gaming operator or people concerned, if it is safe to do so, particularly if it relates to an unsatisfactory product or service.
In the case of disturbance concerns, these are often resolved quickly through discussions with the venue directly. You can also ask for advice from the L&GNSW Compliance Operations Unit, local police or local council who can help mediate and find a solution that works for you and the venue.
Can complaints be made on behalf of someone?
You can make a formal disturbance complaint about a licensed venue on someone’s behalf (including residents). They must all sign the ‘Attachment A: Complainant authorisation’ form, attached to the disturbance complaint.
What can this body do to help?
This body may provide:
- Educational or remedial action and warnings: When someone running a bar or club makes a small mistake or doesn't fully understand the rules, authorities might choose to teach them the right way to do things instead of immediately punishing them. If someone keeps breaking the rules or does something really wrong, they might get a formal warning. This warning is noted down and could affect what happens if they break the rules again.
- Penalty infringement notices and prosecution action: If the offence is more serious, if the person has broken the rules many times before, or if it's really important to protect the public, the authorities might decide to issue a fine or take them to court.
- Disciplinary action: For serious or repeated breaking of the rules, or if there's doubt about whether someone is fit to run a bar or club, authorities might make a formal complaint to the groups that oversee liquor and gaming. This could lead to serious consequences for the person breaking the rules.
- Administrative action: Sometimes, to fix a problem or prevent one from happening, authorities might put specific conditions on a bar or club's license or tell them they must do certain things. This could include making them limit how much people can drink, reduce noise, install security cameras, or make a safety plan. These actions are taken to quickly address ongoing problems or immediate risks.
- Demerit point system: Bars, clubs, and their managers can get demerit points for serious rule-breaking, like selling alcohol to minors. Getting too many points can lead to extra fees, warnings, or even having their license to sell alcohol suspended for up to two weeks. If a place doesn't provide a safe environment, the authorities can report them, possibly leading to demerit points based on how serious the issue is.
How to prepare your complaint
Format:
In the case of disturbance concerns, you can lodge a formal complaint, free of charge, with the Secretary, NSW Department of Customer Service, via L&GNSW. Complaints about breaches of the liquor or gaming laws by a licensed business or L&GNSW’s customer service can be lodged online via this form. If you would like the assistance of an interpreter or translator, call the Translating and Interpreting Service (TIS) on 131 450 and ask them to call L&GNSW on 1300 024 720. The National Relay Service (NRS) can help you speak to L&GNSW if you have a hearing, speech or movement impairment. Visit www.relayservice.gov.au and ask them to call L&GNSW on 1300 024 720.
Personal Details:
You can submit the complaint anonymously if you need to. Anonymous reports are not treated any differently. However, if you would like for L&GNSW to keep you informed about the results of their investigations, they need your contact details. Inability to obtain further information may impede their assessment process or any subsequent investigation. If you are comfortable providing your personal information, this may include your:
- Given and family name
- Company
- Phone number
- Address
Respondent’s Details:
You should provide the name of the venue, person, business or organisation you are complaining about, as well as their address.
Relevant Facts:
You should provide details of:
- What your concern is about
- The relevant date, location and any reference number – if you have them
- What you would like L&GNSW to do to resolve your complaint
- Your email address, postal address and/or contact telephone numbers
- If you would like your complaint to be handled confidentially
- If you have any evidence, such as photos or videos, to support your complaint, include a description of the evidence you can supply via the form on the L&GNSW website.
What NOT to include:
Do not make false or misleading statements. This may be an offence.
Additional information:
The online complaint form has a section seeking your consent to L&GNSW releasing your details to the person or entity you are complaining about. If you do not want your details to be released to the person or entity you are complaining about, select “No” from the drop-down menu. L&GNSW will keep you informed of their progress and provide you with the reasons for their decisions. You should provide them with all the relevant information at the beginning of your complaint and inform them of new facts and let them know if you no longer require their help.
Lodging your complaint and next steps:
Where to lodge your complaint:
- You can make a complaint regarding a licensed business/incident or L&GNSW and its service via this online form.
- You can make a formal disturbance complaint about a licensed venue via this form.
- Email: contact.us@liquorandgaming.nsw.gov.au
- Post: GPO Box 7060, Sydney NSW 2001
- Telephone: 1300 024 720; Monday – Friday (9am – 4pm)
- In person: 4 Parramatta Square, 12 Darcy Street, Parramatta NSW 2051; Monday to Friday (9am-4pm)
Receipt:
For formal disturbance complaints, you will receive written confirmation that L&GNSW have received your complaint within 14 days.
Initial assessment:
When L&GNSW receives a complaint, they assess it to determine what action is most appropriate. This can include conducting an investigation or referring the matter to another agency. The assessment also helps them determine an appropriate response.
Investigation:
If an investigation is required, the complaint is allocated to a L&GNSW investigator. If you have provided your contact details, the investigator will contact you to discuss your complaint and explain the investigative process. Investigations can take an extended time to complete as we may need to inspect files and documents and visit venues or organisations to conduct preliminary investigations.
Notification of regulatory action if taken:
Following the investigation, you will be notified whether regulatory action was taken in response to your complaint. The amount of information that L&GNSW can provide is often restricted by their secrecy provisions or privacy and commerciality considerations. They may not be able to disclose details on what action, if any, was taken in a particular matter.
Additional information:
You should try to provide all relevant information at the beginning of your complaint and inform L&GNSW of new facts and let them know if you no longer require their help. You should also not make public comment that could influence the investigation. While not all complaints result in an investigation, all complaints and information received are recorded by L&GNSW for intelligence purposes.
More information:
Refer to the factsheet provided below for more information.
