Government proposes reforms for South Australia’s liquor laws
SOUTH Australia’s liquor laws have hardly changed over the past two decades. Now the State Government is proposing a raft of reforms to the way we all enjoy a drink.
SOUTH Australia’s liquor laws have hardly changed over the past two decades.
Now the State Government is proposing a raft of reforms to modernise the way we all enjoy a drink.
Deputy Premier John Rau yesterday released the State Government’s long-awaited response to a comprehensive review of the Liquor Licensing Act.
Conducted by former judge Tim Anderson, the review was delivered in early July and made 129 recommendations.
Mr Anderson considered 89 responses from industry bodies, community and health groups and held in-person consultation with about 60 organisations and individuals.
The Government says it accepts the vast majority of his proposals – either in full or part – but has rejected some outright.
LATE NIGHT VENUE LOCKOUT
The current statewide 3am venue lockout will remain in place, as recommended. The lockout arrangements will be reviewed in another two or three years.
FINES AND PENALTIES
Mr Rau said the Government would develop a new fee structure which “better reflects risks associated with some outlets” and allows for more revenue to be spent on enforcement and public health and safety measures.
Risk factors could include how late a venue remains open, how many people it can hold or how often the owners have breached the law in the past.
This shift is likely to attract some criticism from parts of the hotels industry, however it has the support of doctors and researchers who believe it will help address alcohol-related harm.
New fines will also be introduced for supplying alcohol to minors, but venue owners or staff would not face jail time.
Venues which illegally sold liquor to underage drinkers would be recorded on a register.
CHECKS AND BALANCES
The existing Needs Test to gain approval for a liquor licence will be abolished and a new Community and Public Interest Test developed for certain “high risk” venues.
Operators will have to prove their proposed venue “will not detract from the safety and wellbeing of the community and is in the public interest”.
Higher risk venues would have to meet a higher threshold.
The current process for objecting to a proposal for a new licenced venue will also change.
Objections will only be allowed in more restricted circumstances.
This would include limiting the right of local councils to object in many situations.
ID CARDS AND SCANNERS
Mr Anderson’s report recommended that security staff be required to check the ID of anyone entering the venue who appears to be aged under 25.
However, Mr Rau said that would be difficult to enforce and the 25-year-old cut-off was as “arbitrary” as any other age.
Mr Anderson also recommended licensed venues which remained open past 1am be required to install ID scanners and check patrons’ ID from midnight.
The Government has accepted this recommendation in principle but will consider the impact on venue owners and personal privacy.
RESTAURANTS
Restaurants will be able to sell alcohol to customers without requiring them to order a meal.
Mr Anderson had made this recommendation after observing that some existing restrictions were “more akin to the days of the horse and stagecoach rather than that of a competitive, modern-day hospitality industry”.
However, restaurants will not be allowed to sell takeaway liquor, as the Government holds concerns this would be a “backdoor method of becoming a bottle shop”.
LIQUOR IN SUPERMARKETS
There is effectively no change to the rules around selling liquor in supermarkets.
Customers still will not be able to purchase alcohol from the aisles of their local supermarket.
However, Mr Rau said the new legislation would “clarify” the current rules.
Bottle shops will be allowed “under the same roof” as a supermarket, but must be separated, such as by a wall, and operate as a separate shop with a separate checkout.
SMALL BARS
Small bar licences were first introduced to SA in 2013 and limited to the CBD. Since then, more than 70 such licences have been approved.
Mr Anderson’s report recommended this type of licence, which removes red tape for venues with capacities of less than 120 people, be expanded to North Adelaide.
However, the Government has ruled this out for now. It instead wants to further evaluate the success of the relatively new licence.
In future, other changes to streamline the types of licences offered to operators – which have been accepted by Government – could enable more to access similar conditions under other licence categories.
ADVERTISING
The Government had already committed to implementing a recommendation by Mr Anderson to ban alcohol advertising on public transport vehicles, as revealed by The Advertiser last month.
Advertising beer, wine and spirits on the sides of buses, trains or trams will be banned from next year.
The Government is also urging councils to prohibit alcohol advertising on bus shelters, many of which are located outside schools. Mr Anderson’s report warned that successes in tackling under-age drinking could be undone if alcohol advertising was not curtailed.
The Government will also raise the issue of alcohol advertising during live sport broadcasts at a national level.
It will give further consideration to recommendations regarding:
MINIMUM alcohol pricing – also a national issue.
AFTER-MIDNIGHT public transport services across Adelaide.
MORE police patrolling in and around licenced venues.
The Government will commission Mr Anderson to conduct a related review into regulation of the gambling industry and where it overlaps with liquor licensing.
Mr Rau has pledged to consult further on the draft legislation before it is introduced to Parliament, which could happen as early as the end of this year.
