Fenner Hall (Liquor) Order (20/09/2002)

Administered by Department of Education, Science and Training

Legislation au F2006B00084 Not in force Legislative Instrument

Legislation content

Fenner Hall (Liquor) Order

Citation
1. This Order may be cited as the Fenner Hall (Liquor) Order*.

 

Interpretation
2. In this Order, unless the contrary intention appears:

Authority means a person or body appointed by the Council under section 5(1) of the Liquor (Halls of Residence and University Union) Statute;

bar area means

A place at the Hall designated by the Authority at which liquor is sold and purchased.  A bar area may be:

(a) in a permanent or temporary location;

(b) at a function or event or a conference held at the Hall;

bar attendant means a person responsible for selling liquor at a bar area;

fortified liquor means liquor which is mixed with other liquor;

guest means a person who is not a resident and who is:

(a) on the premises of the Hall for the purpose of attending a special function or conference at the Hall; or
(b) on the premises of the Hall at the invitation and in the company of a resident;

Hall means Fenner Hall;

liquor means a beverage that contains more than 1.15% by volume of ethyl alcohol and includes fortified liquor;

resident means a resident of the Hall as defined by section 2 of the Liquor (Halls of Residence and University Union) Statute.

 

Age
3.(1) Liquor can only be sold or supplied at the Hall to a resident or guest who is 18 years of age or over.

3.(2) A person under 18 years of age cannot purchase liquor at the Hall. A Person wishing to purchase liquor may be requested to show any bar attendant identification that provides verifiable proof of age prior to service of liquor.

Bar Area
4.(1) The Authority must determine the parts of the Hall where a bar area can be established.

4.(2) The Authority is responsible for ensuring that a bar area is operated in an orderly manner and meets reasonable standards of hygiene.

4.(3) Liquor must only be sold or purchased at a bar area during periods determined by the Authority.

4.(4) The Authority may only determine a period that commences on or after noon on a day and ends on or before midnight on that day.

4.(5) Each bar attendant must have formal training in the selling of liquor and the responsible service of liquor prior to undertaking any such action.

4.(6) Despite anything contained in this Order, the Authority or any bar attendant may:
(a) refuse to sell liquor to anyone; or
(b) close the bar area;
 if it is reasonably desirable to do so under the circumstances.

Consumption
5.(1) The Authority must determine the parts of the Hall at which liquor purchased from the Hall can be consumed.

5.(2) Liquor not purchased from the Hall may be consumed only in a resident’s room, unless otherwise authorised by the Authority.

5.(3) The Authority is responsible for displaying at a bar area a clear notice providing details of the approximate alcoholic strength of any fortified liquor available for sale.

5.(4) The following types of liquor may only be served in a bar area in the following specified containers:
(a) beer and cider – by the glass, can or bottle;
(b) unfortified wine – by the glass, carafe or bottle;
(c) spirits and fortified wine – by the glass.

5.(5) If there are reasonable grounds for believing that a resident or guest is intoxicated, the Authority or a bar attendant must not sell any liquor to that resident or guest.

5.(6) For suborder 5.(5), there are taken to be reasonable grounds for believing that a resident or guest is intoxicated (regardless of the actual belief of the Authority or bar attendant) if the person’s speech, balance, coordination or behaviour is seriously affected by the consumption of liquor.  Such effects may be evident in, but not limited to,  the following examples:

  1. A notable change in behaviour (especially towards anti-social or inappropriate behaviour)
  2. Slurring of, or mistakes in, speech
  3. Clumsiness, knocking things over or fumbling with change
  4. A significant loss of coordination (staggering or swaying)
  5. A degree of confusion, a lack of understanding or ability to hear and a difficulty in responding
  6. Vomiting, violence and / or abusive behaviour.

Delegation
6. The Authority may delegate his or her powers and functions to a staff member of the Hall who is not under 18 years of age.

Disciplinary Action
7. Disciplinary action for breaches of this Order shall be dealt with under the relevant University statutes, orders and rules.

 

 

 

 * This Order was approved by the Council on 20 September 2002

Overview

The Fenner Hall (Liquor) Order, enacted in 2002, provides a regulatory framework for the sale and consumption of liquor at Fenner Hall, a hall of residence associated with the University of Canberra. This legislative instrument was designed to address the need for specific rules governing the handling of alcohol in a university hall of residence setting, ensuring the responsible service of alcohol while maintaining the safety and well-being of residents and guests. The enactment of this Order by the Council under the Liquor (Halls of Residence and University Union) Statute aims to create an environment that balances the availability of alcohol with the necessary precautions to prevent underage consumption and alcohol-related incidents. The policy objective is to provide clear guidelines on the operation of bar areas, the sale and consumption of liquor, and the responsibilities of bar attendants, all of which are crucial for maintaining an orderly and safe environment within the Hall.

Scope and Application

The Fenner Hall (Liquor) Order applies to the operation and management of liquor sales and consumption at Fenner Hall, a hall of residence affiliated with the University of Canberra. The Order applies to the Authority, defined as a person or body appointed by the Council under the Liquor (Halls of Residence and University Union) Statute, as well as residents and guests of the Hall who are 18 years of age or over. It sets out specific requirements for the establishment, operation, and regulation of bar areas within the Hall, including the types of containers that can be used for serving different types of liquor and the circumstances under which liquor can be sold or refused. The Order also outlines the process for determining the parts of the Hall where liquor can be consumed and the responsibilities of the Authority in ensuring that liquor is sold and consumed in an orderly manner and meets reasonable standards of hygiene. The Order applies to the Commonwealth of Australia, specifically to Fenner Hall, and any breaches of the Order are subject to disciplinary action under the relevant University statutes, orders and rules. The Order does not specify any exclusions or exemptions, but it does provide that the Authority may delegate their powers and functions to a staff member of the Hall who is not under 18 years of age.

Key Provisions

The main operative sections of this Order detail the specific requirements and permissions related to the sale and consumption of liquor at Fenner Hall. Section 3 sets the age restriction for purchasing and consuming liquor, permitting it only to residents or guests aged 18 or over. Section 4 outlines the responsibilities of the Authority in establishing bar areas, ensuring order and hygiene, setting permissible operating hours, and requiring bar attendants to have formal training. Section 5 details where and how liquor can be consumed, including the display of alcohol content information and restrictions on serving certain types of liquor in specific containers. It also mandates that no liquor be sold to anyone believed to be intoxicated. The obligations imposed by this Order include ensuring that liquor is sold and consumed according to the specified age limits, operating bar areas in an orderly and hygienic manner, and providing appropriate training for bar attendants. The Authority must also determine permissible locations for both the sale and consumption of liquor within the Hall. Furthermore, the Authority and bar attendants must refuse to sell liquor and can close bar areas if deemed reasonably desirable under the circumstances. Additionally, the Authority must not sell liquor to any resident or guest who appears to be intoxicated, as determined by observable indicators such as changes in behaviour, speech, or coordination. Breaches of this Order can lead to disciplinary action under the relevant University statutes, orders, and rules. While specific penalties are not detailed within the Order itself, such breaches could result in sanctions consistent with university regulations. These may include fines, suspensions, or expulsion, depending on the severity of the infraction and the policies of the University governing Fenner Hall.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.