Revealed: The new rules all NSW bar staff have to follow after Swillhouse scandal

The NSW Labor government will make sexual violence prevention training compulsory for all bar staff working in pubs and clubs across the state after Sydney restaurant group Swillhouse was spectacularly exposed for encouraging on-duty sex and drug use.

The sweeping changes to the responsible service of alcohol (RSA) training – which is mandatory for anyone in NSW who wants to sell, serve or supply alcohol – will make it clear that hospitality staff have a role in eliminating sexual harassment and sexual violence in venues.

Inside Swillhouse’s Restaurant Hubert in Sydney.Credit: Steven Siewert

A months-long investigation by The Sydney Morning Herald and Good Food, published last month, revealed damning allegations against the Swillhouse group, including that it ousted female staff after they reported sexual assaults, encouraged workers to have sex with customers and take drugs while on shift, and discriminated against women.

Once seen as a leading restaurant group in the city, Swillhouse operates high-profile venues, including Le Foote at The Rocks and Restaurant Hubert, the Baxter Inn and Caterpillar Club in the CBD.

Swillhouse has denied it discriminated against women who raised sexual assault and harassment allegations, but the scandal has been hugely damning for the group and SafeWork NSW is investigating its operations.

Swillhouse chief executive Anton Forte stepped down from the board of the Australian Restaurant and Cafe Association after the Herald published its investigation, and the hospitality group also cancelled its first festival, Swillfest, after partners, musicians and sponsors pulled out of the event, planned for this month, at The Rocks.

Swillhouse and its six venues were also removed from the list of finalists vying for an Australian Bartender Bar Award.

The Swillhouse scandal prompted the government to push for an expansion of compulsory training for bar staff, and key stakeholders and advocacy groups will be consulted on the government’s intended changes to the RSA training handbook, which was recently updated to include drink spiking. Those who hold an RSA require it to be renewed every five years.

In a similar way to bar staff being taught techniques to identify when someone is intoxicated, knowing their responsibilities and recognising when to refuse service of alcohol, the handbook will be updated to guide bar staff on what constitutes problematic behaviour and how they should handle it, whether that be escalating to management or calling the police.

Drink spiking is a crime in NSW and classified as an assault. A petition started by not-for-profit sexual violence prevention group What Were You Wearing? was debated in NSW parliament last year, after gathering thousands of stories of drink spiking incidents across Australia through a call-out on Instagram.

The petition, which received 20,000 signatures, called for bar and security staff to undergo mandatory training for the prevention of drink spiking and sexual violence.

The government said there had been a rise in drink spiking of almost 50 per cent compared with pre-pandemic levels. In the year to June 2022, the NSW Police Force received 186 reports of drink or food spiking compared with 115 in 2015 and 119 in 2018.

However, less than one-sixth of suspected drink spiking sexual assaults are believed to be reported to police, the parliament was told.

Minister for Music and the Night-Time Economy John Graham said patrons expected a safe night out and hospitality and entertainment workers also deserved a safe workplace.

“A culture that celebrates live performance, creativity and a diverse, vibrant nightlife is more likely to be a safe night-time economy,” Graham said.

“Our role is to ensure that an enjoyable night out does not come at the expense of safety. One of the key priorities for the Office of the 24-Hour Commissioner is on worker safety. That is why these sorts of training programs and handbooks are so important.”

Minister for Gaming and Racing David Harris said “safety, respect and inclusiveness” should be the highest priority for staff and patrons.

“That means taking a zero-tolerance approach to any sexual harassment or violence in our pubs and clubs, but this requires a collaborative and co-ordinated effort from everyone,” Harris said.

“RSA training is mandatory for all bar staff and security guards at pubs, clubs and small bars across NSW, which is why we are keen to investigate how best to equip them with the tools needed to prevent these sorts of behaviours.”

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