LGA urges John Rau to amend proposed SA liquor licensing laws so councils’ role ‘not diminished’

COUNCILS are angry they will no longer be able to object to proposed new pubs, clubs or liquor stores in their area and are petitioning the State Government to change draft laws.

A review of the current Liquor Licensing Act recommended the Government “remove the ability of a council to intervene in the liquor licensing process entirely”.

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COUNCILS are angry they will no longer be able to object to proposed new pubs, clubs or liquor stores in their area and are petitioning the State Government to change draft laws.

The Local Government Association has written to Consumer and Business Services Minister John Rau to urge him to change the legislation before it is introduced to State Parliament in February this year.

A review of the current Liquor Licensing Act by former Supreme Court judge Tim Anderson recommended the Government “remove the ability of a council to intervene in the liquor licensing process entirely”.

“If the council has already granted the necessary (development) approvals … then there should be no further objection, submission or intervention by the council at the liquor licensing stage of the process,” Mr Anderson wrote in his review, delivered last year.

“There is unnecessary duplication and expense in the system which prevails at the present time.”

Under Mr Anderson’s recommendation, the Police Commissioner would have the power to “invite a particular local council to make a submission” in some cases.

However, LGA president Lorraine Rosenberg has urged Mr Rau to amend the proposed laws so they do not “diminish the role of councils” in the liquor licensing process.

“When residents have an issue with excessive noise or anti-social behaviour from licensed premises, they’ll often report this to their local council,” Ms Rosenberg said.

“Council members provide the liquor licensing authority with a unique and valued insight into the history of licensed premises within a particular area and the potential sensitivities surrounding these premises that may not be revealed through a planning process.”

Under the current system, if a council intervenes in the assessment of a new venue, its concerns must be heard at a conciliation conference and, if necessary, later referred to the Licensing Court.

The new system would stop councils lodging concerns in this way after development approval was given.

The LGA was concerned about cases where, for instance, a development approval may not restrict opening hours and a council would no longer be able to seek reduced hours to be imposed in the eventual liquor licence.

Mr Rau said the Government’s draft liquor laws — out for public consultation — would put in place a new “broad-ranging” test of the community impact of a new licensed venue or store.

“In his recommendations, Mr Anderson said the test should include consideration of the suburb or council area where the premises would be located to assess any social impact on the community,” Mr Rau said.

“Therefore, views of communities in particular council areas will be heard.”