liquor licensing legislation in australia -...

Allan Trifonoff · Rachel Andrew · Tania Steenson · Roger Nicholas · Ann M Roche

Liquor Licensing LegisLation in austraLia:executive summary

An examination of Liquor Licensing Legislation in Australia as at December 2010

2 Liquor Licensing Legislation in Australia: Part 2 Executive Summary

Citation Details:

Trifonoff, A., Andrew, R., Steenson, T., Nicholas, R. and Roche, A.M. (2011). Liquor Licensing Legislation in Australia: Executive Summary. National Centre for Education and Training on Addiction (NCETA). Flinders University, Adelaide, SA.

ISBN: 978-1-876897-47-5

This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced without prior written permission from the National Centre for Education and Training on Addiction, available from Level 3B Mark Oliphant Building, Science Park, Bedford Park, South Australia 5042, Australia.

Any enquiries about or comments on this publication should be directed to:

Professor Ann RocheNational Centre for Education and Training on Addiction (NCETA)Flinders UniversityGPO Box 2100 Adelaide 5001South AustraliaAustralia

Published by the National Centre for Education and Training on Addiction

www.nceta.flinders.edu.au

Design and Layout by Inprint Design

www.inprint.com.au

Liquor Licensing Legislation in Australia: Part 2 Executive Summary 3

This is the Executive Summary of the three reports from a review of liquor licensing legislation in Australia which was undertaken by the National Centre for Education and Training on Addiction (NCETA). These reports are an outcome of a project initiated under the former Ministerial Council on Drug Strategy (MCDS) Cost Shared Funding Model, now administered under the Intergovernmental Committee on Drugs, National Drug Strategy, Cost Shared Funding Model. The project was overseen by South Australia Police which also generously contributed to the report’s publication.

The aim of the project was to review, from a law enforcement perspective, the enforcement provisions of the liquor licensing legislation of all Australian states and territories.

The project involved an extensive literature review, a comprehensive examination of each Australian state and territory’s liquor licensing legislation and alcohol-related data collection systems as well as interviews with key informants.

South Australia Police contracted the National Centre for Education and Training on Addiction at Flinders University in South Australia to undertake the project.

Three reports have been developed from this project1.

Part 1:Trifonoff, A., Andrew, R., Steenson, T., Nicholas, R., and Roche, A.M. (2011). Liquor Licensing Legislation in Australia: An Overview. National Centre for Education and Training on Addiction (NCETA), Flinders University, Adelaide, SA.

Part 2:Trifonoff, A., Andrew, R., Steenson, T., Nicholas, R. and Roche, A.M. (2011). Liquor Licensing Legislation in Australia: A Jurisdictional Breakdown. National Centre for Education and Training on Addiction (NCETA), Flinders University, Adelaide, SA.

Part 3:Trifonoff, A., Andrew, R., Steenson, T., Nicholas, R., and Roche, A.M. (2011). Liquor Licensing Legislation in Australia: Police Expectations and Experiences. National Centre for Education and Training on Addiction (NCETA), Flinders University, Adelaide, SA.

The objectives of the project were to:

• identify the key features of liquor licensing legislation in each state and territory

• identify examples of good practice in relation to the drafting and operation of liquor licensing legislation

• identify the perspectives and needs of law enforcement personnel in relation to liquor legislation to ensure that they are able to adequately perform their role in preventing and reducing alcohol-related crime and associated harms

• examine and recommend improvements to liquor licensing legislation across all Australian jurisdictions.

1 These three reports are designed to be used as both stand-alone documents, as well as a complementary suite of reports on liquor licensing in Australia.

Preface


This report was commissioned by the Intergovernmental Committee on Drugs through the National Drug Strategy Cost Shared Funding Model.

NCETA would like to thank Senior Sergeant Tim Pfitzner, Assistant Commissioner Bronwyn Killmier, Ms Fiona Bruce and the staff of the Drug and Alcohol Policy Section, South Australia Police for their support with the wider project. In addition we would like to thank South Australia Police for its generous contribution towards the cost of publishing and printing the project reports.

The input of the members of the Project Advisory Group is also gratefully acknowledged:

Senior Sergeant Tim Pfitzner, South Australia PoliceChief Inspector Guy Haberley, New South Wales PoliceInspector Andrew Jay, Victoria PoliceActing Inspector Brad Little, Queensland PoliceMr Daniel Di-Giuseppe, Western Australia PoliceMs Debra Salter, Tasmania PoliceBrevet Sergeant Scott Mitchell, Northern Territory PoliceActing Superintendent Dennis Gellatly, ACT PolicingMr Leon Atkinson-MacEwan, Liquor and Gaming Branch, Department of Treasury and Finance, Tasmania

We would also like to thank Tarryn Gagliardi, Administrative Assistant and Paula Wilson, Project Officer, NCETA, for assisting with the preparation of this document and Karen Brandon, Administrative Assistant, NCETA, for providing administrative support throughout the project.

This report has been provided under the oversight of the Intergovernmental Committee on Drugs and is a product of collaboration between governments under the National Drug Strategy.

Acknowledgements


DisclaimerThe opinions expressed in this document are those of the authors and do not necessarily represent the views of the police services and other agencies that participated in the study from which this document was derived. In addition, they do not necessarily represent the views of the former Ministerial Council on Drug Strategy, the Intergovernmental Committee on Drugs or South Australia Police.

Please note that legislation is dynamic and may change but was correct at the time of writing this report. Readers are advised to check with their local jurisdiction for any revisions to the relevant liquor licensing legislation subsequent to December 2010. Since this document represents a historical “snap shot in time” of liquor licensing legislation in Australia it has been written in the past tense. Importantly however, the use of past tense should not be taken to imply that the legislation and other arrangements described herein no longer apply.

This document is not a legal interpretation or analysis of the liquor licensing legislation which exists in Australian states and territories. Statutory provisions are broadly provided as a means of comparing the legislative arrangements in each jurisdiction, as well as contextualising the experiences and expectations of the interviewees. To enable comparison across jurisdictions generic headings are utilised throughout the document, and in some instances, long statutory sections have been condensed. Readers are advised to seek further advice from the relevant authority in their jurisdiction regarding any liquor licensing matters which may impact them.


Executive Summary

This document is a summary of a series of three reports examining liquor licensing legislation in Australia as at December 2010 undertaken by the National Centre for Education and Training on Addiction (NCETA) at Flinders University. NCETA conducted an extensive literature review, a comprehensive examination of each Australian state and territory’s liquor licensing legislation and data collection systems and interviews with key informants.

The project examined liquor legislation in each of Australia’s eight jurisdictions, together with issues related to its application from a policing and enforcement perspective. It involved in-depth interviews with 60 key informants drawn from all jurisdictions, 55 of whom were police officers/personnel, with the balance comprising liquor licensing officials and other key stakeholders with an interest in liquor licensing legislation. This is the first time such an examination of these issues has been undertaken largely from a law enforcement perspective.

The first document in the series, Liquor Licensing in Australia: An Overview, describes the key elements of each jurisdiction’s liquor licensing legislation as at December 2010. It also outlines the nature and purpose of the project, the context and background of the issues addressed and includes an extensive literature review of key contextual issues, covering alcohol availability, alcohol-related harm, initiatives to curb these harms, public amenity and perception.

The second, document in the series, Liquor Licensing in Australia: A Jurisdictional Breakdown, presents detailed summaries of the Legislation and administrative arrangements in each jurisdiction. It includes details of the number of licensed premises, changes over time (where available) and an outline of police alcohol-related data collection systems.

The third document, Liquor Licensing in Australia: Police Expectations and Experiences, presents the results of consultations. The legislation and associated strategies that assist police with their efforts to regulate licensed premises, as well as factors that hinder effective enforcement, are outlined in that report.

Taken together, these three reports are intended to provide policy makers with information upon which to base future decisions on liquor licensing issues.

General Liquor Licensing PrinciplesAll Australian states and territories contain statutory provisions that regulate:

• who may sell and supply alcohol

• the commercial practices of licensed premises

• offences and duties of licensees

• disciplinary procedures and penalties

• who may consume and access alcohol

Executive Summ

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• where alcohol may or may not be consumed and/or possessed.

The relevant legislation is described in detail in Liquor Licensing Legislation: An Overview (Part 1, Chapter 4).

Liquor Licensing in ContextLiquor licensing legislation in Australia is developed independently in each state and territory, and is characterised by a high degree of diversity and variation. In addition, the legislation is continually changing to reflect shifts in commercial and community needs, priorities and concerns.

Australia’s liquor licensing legislation cannot be viewed in isolation. It was assessed in this project in the context of:

• the structures and resources available to implement and enforce it

• the decision-making and review processes

• licensee disciplinary processes, including the degree of specialist knowledge of judicial members involved in the process

• the extent to which enforcement of legislation is a priority

• the ways in which key stakeholders perceive the objectives of the legislation

• the extent and nature of legislative powers that sit outside of liquor licensing legislation that can also be used to reduce alcohol-related harm

• the degree of influence that key stakeholders have over the nature and implementation of liquor licensing legislation.

Key features of the legislation are displayed in Tables 2, 3 and 4 below.

Availability of Alcohol in AustraliaAlcohol availability, as reflected in the number of liquor licences and licensed premises, has consistently increased over the past 10 to 15 years in Australia.

Figure 1 shows the percentage growth in liquor licences or licensed premises in New South Wales, South Australia, Tasmania, Victoria and Western Australia. The increase in the number of liquor licences and licensed premises is indicative of the extent to which alcohol has become more available over the last decade.

Figure 1: Percentage growth in liquor licences in NSW, SA and TAS and licensed premises in Vic and WA

Note that:

a. reporting time-spans vary across each jurisdiction

b. VIC and WA figures show data for licensed premises not liquor licences

c. data were not accessible for the other jurisdictions at the time of writing

NSW (200

5-20

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SA (199

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se

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40

60

80

100

120

140

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7


Consistent with the growth in numbers of liquor licences, the number of licences per head of population aged over 18 years has also increased. At the time of writing there were approximately 53,533 liquor licences in Australia. The total number of licences/licensed premises in each state is shown in Table 1, together with the ratio of licences per head of population aged 18 years and over.

On 30 June 2010, the Australian population aged 18 years and over was 16,948,232. Across Australia, there was a licensed premise for every 317 persons over 18 years. The highest number of licensed premises per head of population were found in South Australia and Victoria with a liquor licence for every 224 and 229 persons over 18 years, respectively.

Table 1: Number of Australian liquor licences by number of persons aged 18 years and over

Jurisdiction Number of current liquor licences

Australian Population ≥ 18 years oldi

Population ≥ 18 years per licensed premises

Australian Capital Territory 650ii 279,273 430

New South Wales 15,193iii 5,601,746 369

Northern Territory 622iv 166,626 268

Queensland 6,770v 3,428,226 506

South Australia 5,752vi 1,288,256 224

Tasmania 1,433vii 388,984 271

Victoria 18,872viii 4,316,946 229

Western Australia 4,241ix 1,757,448 414

TOTAL 53,533x 16,948,232 317

i Source:AustralianBureauofStatistics.Accessedfrom:http://www.abs.gov.au/AUSSTATS/[email protected]/DetailsPage/3201.0Jun%202010?OpenDocumenton11January2011.

ii Source:ACTOfficeofRegulatoryServices.Asat20December2010.

iii Source:NSWDepartmentoftheArts,SportandRecreation(2009).Asat30June2009.

iv Thisisthenumberoffullandspecialcontinuinglicences(whichtradeforlessthan30hoursperweek).Thisnumberdoesnotincludeliquorlicencesforone-offevents.Source:theNorthernTerritoryLicensingCommissionAnnualReport2010/2011,pages9and14.Thefiguresrefertotheyearending30June2010.

v Source:QueenslandOfficeofRegulatoryPolicy:DepartmentofEmployment,EconomicDevelopmentandInnovation.Asat30June2009.

vi Source:OfficeoftheSouthAustralianLiquorandGamblingCommissioner(ascitedinSAPolice,2010).Asat30June2009.

vii Source:TasmaniaDepartmentofTreasuryandFinance:Retrieved23November2010from:http://www.tenders.tas.gov.au/domino/dtf/dtf.nsf/fcce52186e9867674a25665500244b46/2a23cfeaac81a794ca257354001b2152?OpenDocument.Asat10August2010.

viii Source:www.justice.vic.gov.auasat30September2010.

ix Source:DepartmentofRacing,GamingandLiquor(2009).Annual Report.EastPerth:DepartmentofRacing,GamingandLiquor(2009).Asat30June2009.

x Thisfigureshouldberegardedasanapproximationbecausethepointintimeatwhichthesecountsoccurredvariedbetweenjurisdictions.Alsonotethatthisdoesnotincludethe1,484SpecialContinuingLicencesintheNorthernTerritory.Inaddition,someofthese53,533licencesmaybeinactiveoronlysellalcoholforlimitedperiodsoftime.

Executive Summ

ary


Many licensed premises are not problematic; most are well run and operate within the law. However, the increased availability of alcohol in general (especially where associated with cheaper prices and easier access to take-away products) can exacerbate alcohol-related problems in the community, further highlighting the importance of both the role of liquor licensing legislation and its effective and appropriate enforcement.

Summary of the Legislation (Part 1 and Part 2)This legislative review found that:

• despite the differences that exist in liquor licensing legislation across Australia there were strong common themes across all jurisdictions

• appropriate governance arrangements are pivotal to the administration of liquor licensing legislation in Australia

• trading hours for licensed premises were legislated in all states

• all Australian jurisdictions had provisions in their liquor licensing legislation that allowed licensees, police, courts and government authorities to prohibit certain people from attending licensed premises

• all jurisdictions provided a method by which to instigate disciplinary proceedings against licensees. In some states and territories, this was an unlimited right, while in others, the right was invested in designated people and bodies

• serving and supplying an intoxicated and/or drunk person was an offence in every state and territory. There were, however, differences among jurisdictions in regard to how the terms drunk and intoxicated were defined, the context in which those terms were used and the elements needed to prove that an offence had been committed

• lockout conditions had been adopted in some Australian jurisdictions in an attempt to increase community safety by reducing high levels of alcohol-related problems in specific areas.

Summary of Consultation Findings (Part 3)Despite the diverse legislative, geographical, historical and structural differences that existed in liquor licensing legislation and regulatory mechanisms across Australia, strong common themes emerged from the key informant consultations as summarised below.

Preventing Alcohol-Related Harm1. Police have become active players and

committed stakeholders in relation to alcohol and community safety, and play a central role in the prevention and resolution of alcohol-related harm.

2. Police placed a high priority on addressing alcohol-related community harms associated with licensed premises.

Principles of Liquor Licensing Legislation3. Harm minimisation was a central tenet2

of the relevant legislation and regulatory mechanisms in each of Australia’s eight jurisdictions.

4. Police strongly supported harm minimisation principles in relation to the legislation and regulations surrounding licensed premises. This was particularly evident in relation to public amenity and public safety issues.

5. While very supportive of the harm minimisation principles expressed in the legislation, police were not necessarily of the view that the legislation provided the requisite tools or latitude to deliver harm minimisation outcomes.

6. Liquor licensing legislation in Australia was largely viewed by police as unnecessarily complex and challenging to enforce. Police highlighted the complexity of liquor licensing legislation, the associated regulations, codes of practice and other industry standards.

2 Whether stated explicitly within the “black letter” law of the legislation or reflected in its principles.


7. From the perspective of police, most liquor licensing regimes did not offer an adequate balance between empowering police or regulatory authorities to reduce alcohol-related harms and the need to protect the interests of the alcohol industry.

The Challenge of Intoxication8. Dealing with intoxication at a conceptual

and practical level was a priority for police and one of the most challenging issues that they face. While serving and supplying an intoxicated and/or drunk person was an offence in every state and territory, jurisdictions defined these terms in different ways and applied different evidentiary burdens in relation to an offence of intoxication.

Liquor Licensing Legislation Review and Reform9. There was consensus that:

• in some jurisdictions aspects of the liquor licensing legislation were outdated and needed review and fundamental reform

• the legislation was complex and continually evolving

• there was strong support for greater involvement by police in legislative and regulatory reform processes

• liquor licensing legislation should be written in language that is easily understood by police, liquor licensing authorities, licensees and members of the public

• liquor licensing legislation should focus more broadly on patterns and levels of supply at the community level.

The Roles of Police and Liquor Licensing Authorities10. Ambiguity surrounding the respective roles

of police and liquor licensing authorities in enforcing liquor licensing legislation was highlighted. A number of police noted that there would be a greater understanding of

all key stakeholders’ roles (including police, licensing authorities/regulatory bodies and licensees) if they were clearly outlined in liquor licensing legislation.

11. Across all jurisdictions, the relationship between police and liquor licensing authorities was identified as having improved substantially in recent times with greater recognition of respective roles and willingness to work together.

12. A need was identified for liquor licensing authorities to be more adequately resourced. From a policing perspective, this would create greater opportunities for joint operations with liquor licensing authorities.

13. Scope was identified for police to be more fully engaged in liquor licensing decision-making processes, such as raising objections to new licences or changes to existing licences. Participants supported improved police training in this area and provision of appropriate resources.

Partnerships14. Partnerships were identified as crucial for

effective implementation and enforcement of liquor licensing legislation. This included partnerships between police, liquor licensing authorities, the alcohol industry, local government and other stakeholders (such as transport, health and welfare agencies).

15. Respondents indicated that partnerships with the alcohol industry (such as through liquor accords) were important but noted that these relationships could not be substituted for strong enforcement of the legislation.

Effective Tools to Reduce Alcohol-Related Harm16. Banning/barring orders were considered to

have merit in reducing problems associated with licensed premises and warrant further attention.

Executive Summ

ary


17. Liquor infringement notices were regarded positively by police for their immediate impact and moderate resources requirement.

18. Police supported greater use of lockout provisions, particularly when utilised in conjunction with other measures and strictly enforced.

19. Risk-based licensing fee structures were regarded as a positive initiative because they imposed costs on licensed premises that were the source of most problems.

Centralised Police Licensing Enforcement Functions20. Four of the eight police jurisdictions

had developed a centralised licensing enforcement function, and a further two had similar models in place or planned.

21. Police organisations that had a centralised licensing enforcement unit, with oversight for matters related to the policing of licensed premises and associated alcohol-related problems, reported that these arrangements worked better than where there was no such centralised function. In the latter case, it was perceived that making “everyone” responsible for the complex area of liquor licensing meant in many cases that “no-one” was responsible.

Alcohol-Related Data Collection (see Table 6)22. Participants highlighted the importance

of police continuing to invest in improved alcohol-related data collection.

23. An opportunity existed for police agencies to build on recent investments in alcohol-related data collections and use that information to have a greater impact on liquor licensing decisions.

24. Wholesale data is an important aspect of any alcohol data collection and was identified as being of considerable potential benefit to police.

Criminal Intelligence25. Participants expressed concern that

licensing authorities were required under administrative law principles to provide applicants with notification about why their application was not granted.

26. Probity information provided by police about an applicant and their associates was sometimes of a classified nature and police did not wish to jeopardise ongoing criminal investigations by providing licensing authorities with this information.

Investing in Data Collection27. Police indicated that their ability to collect

data on alcohol-related crime, public disorder and amenity problems was central to their ability to understand and monitor liquor licensing-related matters and to inform decisions of liquor licensing authorities. Respondents also asserted that having a legislated requirement for jurisdictions to produce and provide wholesale sales data would assist policing efforts in this area.


RecommendationsA range of issues and strategies were identified by police that could improve their effectiveness in this area.

To achieve this, it is recommended that:

1. strategies be put in place to increase role clarity between police and liquor licensing enforcement bodies

2. relevant aspects of current and future legislation and regulations be developed to allow police to be more fully engaged in liquor licensing-related decision-making processes

3. police have greater involvement in legislative and regulatory reform processes

4. more resources, training and support be allocated to police to carry out their roles in relation to liquor licensing

5. a national annual forum be conducted to:

a. allow police the opportunity to identify the key features of liquor licensing legislation and its enforcement in their respective jurisdictions, and to share this information across jurisdictions

b. progress the implementation of recommendations 1 to 4 in a coordinated manner.

Executive Summ

ary


Table 2: Liquor licensing regulatory structures (December 2010)

ACT NSW NTi QLD

Legislation Liquor Act 2010 Liquor Act 2007 Liquor Act

Northern Territory Licensing Commission Act

Liquor Act 1992

Regulations Liquor Regulation 2010

Liquor Regulation 2008

Liquor Regulations Liquor Regulation 2002

Department Department of Justice and Community Safety

Office of Liquor, Gaming and Racing, Communities NSW

Department of Justice

Department of Employment, Economic Development and Innovation

Administrative authority

Office of Regulatory Services

Casino Liquor and Gaming Control Authority (CLGCA); Office of Liquor Gaming and Racingii

Director of Licensing, Licensing, Regulation and Alcohol Strategy Division

Office of Liquor, Gaming, and Racing (OLGR)

Decision-making authority

Commissioner for Fair Trading, Office of Regulatory Services

Casino Liquor and Gaming Control Authority (CLGCA)

Licensing Commission

Chief Executive, Office of Liquor, Gaming, and Racing (OLGR)

Review decisions/ hear appeals from decisions

ACT Civil and Administration Tribunal (ACAT)

Communities NSW; Casino Liquor and Gaming Control Authority (CLGCA)

Licensing Commission

Queensland Civil and Administrative Tribunal (QCAT)

Breaches of conditions/offences/complaints

Commissioner (complaints)ACAT (occupational discipline)Magistrates’ Court/Infringement notices (offences)

Local Court (summary offences & breach of conditions)Director-General, Communities NSW (complaints)

Magistrates’ Court (summary offences)Licensing Commission (complaints)

Magistrates’ Court (summary offences)Chief Executive (disciplinary action)

i PleasenotethattheNorthernTerritorywasalsosubjecttotheprovisionsofthe Northern Territory National Emergency Response Act 2007(Cth).

ii Thesebodiessharedadualadministrativefunction.


Table 2 continued: Liquor licensing regulatory structures (December 2010)

SA TAS VIC WA

Legislation Liquor Licensing Act 1997

Liquor Licensing Act 1990

Liquor Control Reform Act 1998

Liquor Control Act 1988

Regulations Liquor Licensing (General) Regulations 1997iii

Liquor Licensing Regulations 2003

Liquor Licensing (Fees) Regulations 2005

Liquor Licensing (Infringement Notices) Regulations 2008

Liquor Control Reform (Prescribed Class of Premises) Regulations 2008Liquor Control Reform (Prohibited Supply) Regulations 2005Liquor Control Reform Regulations 2009

Liquor Commission Rules 2007 Liquor Control Regulations 1989iv

Department Attorney-General’s Department, Financial and Business Services Division

Department of Treasury and Finance

Department of Justice

Department of Racing, Gaming and Liquor (RGL)

Administrative authority

Office of the Liquor and Gambling Commissioner

Liquor and Gaming Branch, Revenue, Gaming and Licensing Division

Responsible Alcohol Victoria

Director-General, Department of Racing, Gaming and Liquor (RGL)

Decision-making authority

Liquor Licensing Commissioner/Licensing Courtv

Commissioner for Licensing/Licensing Board

Director of Liquor Licensing/Liquor Licensing Panelvi

Director of Liquor Licensing/The Liquor Commission

Review decisions/ hear appeals from decisions

Licensing Court Licensing Board/ Supreme Court of Tasmania

Victorian Civil and Administrative Tribunal (VCAT)

The Liquor Commission

Breaches of conditions/offences/complaints

Licensing Court (disciplinary matters)Magistrates’ Court (summary offences)

Liquor and Gaming BranchMagistrates’ Court (when prosecution for an offence is required)

VCAT (inquiries and disciplinary matters)Magistrates’ Court (summary offences)

Magistrates’ Court (summary offences)The Liquor Commission (disciplinary matters)

iii Liquor Licensing (Dry Areas—Long Term) Regulations 1997; Liquor Licensing (Dry Areas—Short Term) Regulations 1997.

iv Liquor Control (Bayulu Restricted Area) Regulations 2010; Liquor Control (Irrungadji Restricted Area) Regulations 2010; Liquor Control (Jigalong Restricted Area) Regulations 2009; Liquor Control (Juwurlinji Restricted Area) Regulations 2009; Liquor Control (Koongie Park Restricted Area) Regulations 2010; Liquor Control (Kundat Djaru Restricted Area) Regulations 2010; Liquor Control (Nicholson Block Restricted Area) Regulations 2010; Liquor Control (Noonkanbah Restricted Area) Regulations 2009; Liquor Control (Oombulgurri Restricted Area) Regulations 2008; Liquor Control (Punmu Restricted Area) Regulations 2010; Liquor Control (Wangkatjungka Restricted Area) Regulations 2008; Liquor Control (Yakanarra Restricted Area) Regulations 2010.

v TheLicensingCourt(SA)determinedcontestedapplications.

vi TheLiquorLicensingPanelconsideredcontestedapplicationsandreporteditsfindings(includingrecommendations)totheDirectorofLiquorLicensing.

Executive Summ

ary


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Amen

dmen

t) Ac

t 201

1(A

ctN

o.1

7,

2011

)and

Alc

ohol

Ref

orm

(Sub

stan

ce M

isus

e As

sess

men

t and

Ref

erra

l for

Tre

atm

ent C

ourt

) Act

201

1(A

ctN

o.1

9,2

011)

.The

sep

rovi

sion

sco

mm

ence

don

1J

uly

2011

.Thi

sta

ble

does

not

in

corp

orat

eth

ese

rece

nta

men

dmen

ts.

v

Ther

ew

ere

only

two

cate

gori

eso

flic

ence

con

tain

edw

ithin

the

legi

slat

ion.

How

ever

,ath

ird

cate

gory

was

issu

edto

soc

ialc

lubs

and

like

org

anis

atio

ns.T

his

was

ac

ontin

uing

spe

cial

lic

ence

.

vi

Inse

rted

in2

010.

vii

Lock

outs

wer

eno

tas

tatu

tory

pro

visi

onin

the

Nor

ther

nTe

rrito

ry.H

owev

er,t

heN

orth

ern

Terr

itory

Lic

ensi

ngC

omm

issi

onh

ada

dopt

eda

pol

icy

ofim

posi

nglo

ckou

tso

nlic

ense

dpr

emis

esa

spa

rto

fits

pow

erto

det

erm

ine

the

cond

ition

sof

ali

cenc

e.

viii

In

the

Nor

ther

nTe

rrito

ry,s

econ

dary

sup

ply

offe

nces

wer

edi

rect

eda

tpre

vent

ing

the

sale

,sup

ply,

and

pos

sess

ion

ofli

quor

inr

estr

icte

dar

eas.

ix

Inth

eN

orth

ern

Terr

itory

,Sec

tion

128

ofth

ePo

lice

Adm

inis

trat

ion

Actp

erm

itted

pol

ice

toh

old

ape

rson

who

was

into

xica

ted

ina

pub

licp

lace

inp

rote

ctiv

ecu

stod

yun

tilth

eyw

ere

no

long

erin

toxi

cate

d.

xEv

enth

ough

man

dato

ryR

espo

nsib

leS

ervi

ceo

fAlc

ohol

was

not

as

tatu

tory

pro

visi

on,t

heL

icen

sing

Com

mis

sion

had

ado

pted

ap

olic

ym

anda

ting

that

all

staf

fmus

thav

ere

spon

sibl

ese

rvic

eof

alc

ohol

trai

ning

with

ino

nem

onth

ofc

omm

enci

nge

mpl

oym

ent.

This

was

par

toft

heli

cenc

eco

nditi

ons.

xi

Ther

ew

ere

five

othe

rsu

b-ca

tego

ries

ofl

icen

cew

hich

cou

ldb

eis

sued

und

erth

eC

omm

erci

alO

ther

Lic

ence

cat

egor

y.

xii

Onl

yap

plic

able

ind

ecla

red

Dri

nkS

afe

Pre

cinc

ts.

xiii

Und

erth

eSu

mm

ary

Offe

nces

Act

200

5,S

ectio

n10

.

xiv

Th

ere

wer

eno

pro

visi

ons

for

lock

outs

und

erth

eSo

uth

Aus

tral

ian

Liqu

or L

icen

sing

Act

199

7.H

owev

er,l

ocko

uts

coul

dbe

impo

sed

onin

divi

dual

pre

mis

esu

nder

Sec

tion

43o

fthe

Act

.

xv

Und

erS

ectio

n11

7of

the

Sout

hA

ustr

alia

nLi

quor

Lic

ensi

ng A

ct 1

997,

itw

asa

nof

fenc

efo

ra

min

orto

con

sum

eor

hav

epo

sses

sion

ofl

iquo

rin

ap

ublic

pla

ce,a

ndit

was

an

offe

nce

to

supp

lyli

quor

toa

min

orin

ap

ublic

pla

ce,u

nles

sth

eco

nsum

ptio

nor

pos

sess

ion

was

inth

eco

mpa

nyo

fan

adul

t,gu

ardi

ano

rsp

ouse

ofa

min

or.

xvi

The

Sout

hA

ustr

alia

nle

gisl

atio

nw

asu

niqu

ein

that

nei

ther

the

legi

slat

ion

nor

the

regu

latio

nsc

onta

ined

any

pro

visi

ons

rega

rdin

glic

ence

ren

ewal

san

dno

fees

wer

ere

quir

edto

be

paid

on

ren

ewal

.

xvii

Fee

sw

ere

paid

ann

ually

.

xviii

Whi

leth

ere

wer

eno

pro

visi

ons

for

lock

outs

inth

eLi

quor

Lic

ensi

ng A

ct 1

990

(TA

S),l

ocko

utc

ondi

tions

cou

ldb

eim

pose

don

an

out-

of-h

ours

per

mit.

xix

Sa

leo

rSu

pply

ofA

lcoh

olto

You

ths

(Pol

ice

Offe

nces

Act

193

5).

xx

Thes

epr

imar

ylic

ence

type

sw

ere

requ

ired

con

sist

entw

ithS

ectio

ns7

&1

4of

the

Liqu

or C

ontr

ol R

efor

m A

ct 1

998.

Fur

ther

sub

-cat

egor

ies

ofli

cenc

esw

ere

cont

aine

dw

ithin

Sec

tions

10,

11

Aa

nd1

4.

xxi

InV

icto

ria,

follo

win

gam

endm

ents

toth

eLi

quor

Con

trol

Ref

orm

Act

199

8,a

sfr

omI

Janu

ary

2011

,all

new

app

lican

tsa

nde

xist

ing

licen

sees

and

thei

rst

affw

ere

requ

ired

toc

ompl

ete

an

RSA

cou

rse

appr

oved

by

the

Dir

ecto

rof

Liq

uor

Lice

nsin

g.

xxii

Lice

nces

con

tinue

din

forc

eun

less

they

wer

esu

rren

dere

dun

der

Sect

ion

94,o

rca

ncel

led

byth

eLi

cens

ing

Aut

hori

tyin

acc

orda

nce

with

the

prov

isio

nso

fthe

Act

.As

peci

alfa

cilit

ylic

ence

ex

pire

dw

hen

itw

asg

rant

edfo

ran

exp

ress

per

iod

ofti

me

orw

hen

the

Dir

ecto

rde

term

ined

that

itw

asn

olo

nger

nec

essi

tate

d.O

ccas

iona

llic

ence

sal

soe

xpir

edin

acc

orda

nce

with

thei

rte

rms,

or

ona

spe

cifie

dda

te.

Executive Summ

ary


Tabl

e 4:

Pow

ers

to r

emov

e, e

xclu

de, a

nd p

reve

nt p

robl

em p

atro

ns fr

om a

tten

ding

lice

nsed

pre

mis

esi

Stat

eO

rder

Beh

avio

urA

utho

rise

dP

erio

dEx

tent

of

Pro

hibi

tion

NSW

Self-

excl

usio

n O

rder

sN

ot s

peci

fied.

Lice

nsee

.In

divi

dual

.N

ot s

peci

fied

Spec

ified

in fo

rm

Non

-vol

unta

ry

Excl

usio

n O

rder

(Ref

use

entr

y,

rem

ove

from

pr

emis

es)

Into

xica

ted,

vio

lent

, qua

rrel

som

e or

dis

orde

rly,

or

who

se p

rese

nce

on th

e lic

ense

d pr

emis

es r

ende

rs th

e lic

ense

e lia

ble

to a

pen

alty

und

er th

is A

ct.

Smok

ing

on a

ny p

art o

f the

lice

nsed

pre

mis

es th

at is

a

smok

e-fr

ee a

rea.

Use

s or

pos

sess

es, o

n th

e pr

emis

es, a

pro

hibi

ted

plan

t or

a pr

ohib

ited

drug

.

May

ref

use

acce

ss if

in a

ccor

danc

e w

ith a

con

ditio

n of

lic

ence

or

liquo

r ac

cord

.

Lice

nsee

.Em

ploy

ee.

Pol

ice

Offi

cer.

≤24

hour

s H

owev

er,

auth

oris

ed

pers

on h

ave

righ

t to

ref

use

entr

y at

an

y ot

her

time

Sing

le p

rem

ise

Ban

ning

Ord

ers

Satis

fied

pers

on h

as r

epea

tedl

y be

en in

toxi

cate

d,

viol

ent,

quar

rels

ome

or d

isor

derl

y on

or

in th

e im

med

iate

vic

inity

of l

icen

sed

prem

ises

.

Cas

ino,

Liq

uor,

Gam

ing,

and

R

acin

g Au

thor

ity.ii

≤6 m

onth

sSp

ecifi

ed p

rem

ises

NTiii

Pow

er to

rem

ove

or

excl

ude

Into

xica

ted.

Viol

ent.

Qua

rrel

som

e.D

isor

derl

y.In

capa

ble

of c

ontr

ollin

g ow

n be

havi

our.

Lice

nsee

s.Em

ploy

ees.

Insp

ecto

rs.

Pol

ice.

12 h

ours

Sing

le p

rem

ise

Pro

hibi

tion

Ord

ers

Appl

ies

to s

peci

fied

offe

nces

. Has

con

ditio

ns a

ttac

hed.

Se

e Al

coho

l Cou

rt A

ct.

Alco

hol C

ourt

.≤1

2 m

onth

s

iIn

the

Aus

tral

ian

Cap

italT

erri

tory

itw

asa

nof

fenc

efo

rpe

ople

tor

efus

eto

leav

eaf

ter

they

had

bee

nre

ques

ted

tod

oso

by

the

licen

see,

an

empl

oyee

oft

heli

cens

ee,o

ra

crow

dco

ntro

ller.

Bes

ides

this

impl

ied

pow

er,t

here

wer

eno

exp

ress

pro

visi

ons

cont

aine

dw

ithin

the

Act

giv

ing

the

licen

see

ora

nyon

eel

sea

pow

erto

ban

.

iiM

ayb

eap

plie

dfo

rby

the

Dir

ecto

r-G

ener

al,C

omm

issi

oner

ofP

olic

e,a

lice

nsee

who

isa

par

tyto

alo

call

iquo

rac

cord

,any

oth

erp

erso

n(o

rcl

ass

ofp

erso

ns)p

resc

ribe

dby

the

regu

latio

ns.

iii

Sinc

eth

eco

mpl

etio

nof

this

rep

ort,

the

Nor

ther

n Te

rrito

ry L

iquo

r Ac

thas

bee

nam

ende

dby

the

prov

isio

nso

fthe

Alc

ohol

Ref

orm

(Liq

uor

Legi

slat

ion

Amen

dmen

t) Ac

t 201

1(A

ctN

o.1

7,

2011

)and

Alc

ohol

Ref

orm

(Sub

stan

ce M

isus

e As

sess

men

t and

Ref

erra

l for

Tre

atm

ent C

ourt

) Act

201

1(A

ctN

o.1

9,2

011)

.The

sep

rovi

sion

sco

mm

ence

don

1J

uly

2011

.Thi

sta

ble

does

not

in

corp

orat

eth

ese

rece

nta

men

dmen

ts.


Executive Summ

ary


Stat

eO

rder

Beh

avio

urA

utho

rise

dP

erio

dEx

tent

of

Pro

hibi

tion

NT

Ban

ning

Ord

ers

Spec

ified

offe

nce

com

mitt

ed.

Pol

ice.

48 h

ours

Des

igna

ted

area

All l

icen

sed

prem

ises

in th

e de

sign

ated

are

a

Excl

usio

n O

rder

sAp

plie

s to

spe

cifie

d of

fenc

es. H

as c

ondi

tions

att

ache

d.

See

Alco

hol C

ourt

Act

.C

ourt

s of

Sum

mar

y Ju

risd

ictio

n.‹1

2 m

onth

sD

esig

nate

d ar

eaAl

l lic

ense

d pr

emis

es in

the

desi

gnat

ed a

rea

Cer

tain

cla

ss o

f lic

ense

d pr

emis

es in

th

e de

sign

ated

are

a

QLD

Pow

er to

ref

use

entr

y, r

emov

e a

pers

on

Und

uly

into

xica

ted.

Dis

orde

rly.

Cre

atin

g a

dist

urba

nce.

Lice

nsee

.P

erm

it-ho

lder

.Em

ploy

ees.

Agen

ts.

N/A

Sing

le P

rem

ise

Civ

il B

anni

ng O

rder

Per

son

com

mitt

ed a

n ac

t of v

iole

nce,

aga

inst

ano

ther

pe

rson

or

prop

erty

, of s

uch

a na

ture

that

the

act

of v

iole

nce

wou

ld c

ause

a p

erso

n in

the

vici

nity

to

reas

onab

ly fe

ar b

odily

har

m to

any

per

son

or d

amag

e to

pro

pert

y.

Act o

f vio

lenc

e w

as c

omm

itted

:

• w

ithin

the

prev

ious

12

mon

th p

erio

d

• in

lice

nsed

pre

mis

es, o

r in

an

area

in th

e vi

cini

ty

of li

cens

ed p

rem

ises

, loc

ated

with

in a

dri

nk s

afe

prec

inct

• P

erso

n di

d no

t hav

e a

reas

onab

le e

xcus

e fo

r co

mm

ittin

g th

e ac

t of v

iole

nce.

Cou

rt a

utho

rise

d to

mak

e or

der

whe

n sa

tisfie

d th

at u

nles

s th

e or

der

is m

ade,

the

pers

on w

ould

pos

e an

un

acce

ptab

le r

isk

to:

• th

e go

od o

rder

of l

icen

sed

prem

ises

, and

are

as in

the

vici

nity

of l

icen

sed

prem

ises

, lo

cate

d w

ithin

a d

rink

safe

pr

ecin

ct; o

r •

the

safe

ty a

nd w

elfa

re o

f pe

rson

s at

tend

ing

licen

sed

prem

ises

, and

are

as in

the

vici

nity

of l

icen

sed

prem

ises

, lo

cate

d w

ithin

a d

rink

safe

pr

ecin

ct.

≤12

mon

ths

Dec

lare

d D

rink

Safe

P

reci

ncts

SA

Pow

er to

ref

use

entr

y, r

emov

e a

pers

on

Into

xica

tion.

Spee

ch, b

alan

ce, c

oord

inat

ion

or b

ehav

iour

is

notic

eabl

y im

pair

ed d

ue to

con

sum

ptio

n of

liqu

or.

Offe

nsiv

e or

dis

orde

rly

beha

viou

r.

Lice

nsee

.R

espo

nsib

le p

erso

n.P

olic

e of

ficer

.Ap

prov

ed c

row

d co

ntro

ller.

≤24

hour

sSi

ngle

pre

mis

e

Tabl

e 4

cont

inue

d: P

ower

s to

rem

ove,

exc

lude

, and

pre

vent

pro

blem

pat

rons

from

att

endi

ng li

cens

ed p

rem

ises


Executive Summ

ary


Stat

eO

rder

Beh

avio

urA

utho

rise

dP

erio

dEx

tent

of

Pro

hibi

tion

SA

Lice

nsee

Bar

ring

N

otic

es1.

W

elfa

re o

f the

per

son,

or

the

wel

fare

of a

per

son

resi

ding

with

the

pers

on, i

s se

riou

sly

at r

isk

due

to th

e co

nsum

ptio

n of

alc

ohol

.2.

P

erso

n co

mm

its a

n of

fenc

e, o

r be

have

s in

an

offe

nsiv

e or

dis

orde

rly

man

ner,

on,

or

in a

n ar

ea

adja

cent

to, t

he li

cens

ed p

rem

ises

.3.

An

y ot

her

reas

onab

le g

roun

d.

Lice

nsee

.R

espo

nsib

le p

erso

n.In

defin

ite p

erio

d fo

r re

ason

1Fi

rst b

arri

ng: ≤

3

mon

ths

Seco

nd b

arri

ng: ≤

6

mon

ths

Com

mis

sion

er

may

app

rove

lo

nger

per

iods

Th

ird +

bar

ring

: in

defin

ite p

erio

d

Sing

le p

rem

ise

Com

mis

sion

er

of P

olic

e B

arri

ng

Not

ices

On

any

reas

onab

le g

roun

ds.

Com

mis

sion

er o

f Pol

ice.

Inde

finite

or

spec

ified

per

iod

Spec

ified

pre

mis

e Li

cens

ed p

rem

ises

of

a s

peci

fied

clas

sLi

cens

ed p

rem

ises

of

a s

peci

fied

clas

s w

ithin

a s

peci

fied

area

All l

icen

sed

prem

ises

with

in a

sp

ecifi

ed a

rea

Pol

ice

Offi

cer

Bar

ring

Not

ices

Sam

e re

ason

s as

lice

nsee

bar

ring

ord

ers.

Pol

ice

offic

er.iv

Sam

e pe

riod

s as

lice

nsee

ba

rrin

g or

ders

if

auth

oris

ed b

y an

In

spec

tor

If au

thor

ised

by

a Se

rgea

nt, o

rder

ap

plie

s fo

r a

peri

od ≤

72

hrs

As A

bove

TAS

Req

uest

to le

ave

Viol

ent,

quar

rels

ome

or d

isor

derl

y be

havi

our.

Dis

gust

ing,

pro

fane

or

foul

lang

uage

.Li

cens

ee.

Pol

ice

Offi

cer.

≤24

hrs

Sing

le p

rem

ise

iv

Not

ices

nee

ded

tob

eau

thor

ised

by

ano

ffice

rof

or

abov

eth

era

nko

fIns

pect

or.I

nso

me

inst

ance

s,th

eof

ficer

who

aut

hori

sed

the

notic

eco

uld

bea

Ser

gean

tor

any

polic

eof

ficer

in

char

ge,f

orth

etim

ebe

ing,

ofa

pol

ice

stat

ion.

Tabl

e 4

cont

inue

d: P

ower

s to

rem

ove,

exc

lude

, and

pre

vent

pro

blem

pat

rons

from

att

endi

ng li

cens

ed p

rem

ises


Executive Summ

ary


Stat

eO

rder

Beh

avio

urA

utho

rise

dP

erio

dEx

tent

of

Pro

hibi

tion

VIC

Ban

ning

Not

ices

Spec

ifed

offe

nce.

Pol

ice.

≤72

hrs

Des

igna

ted

area

All l

icen

sed

prem

ises

in th

e de

sign

ated

are

a

Excl

usio

n O

rder

sSp

ecife

d of

fenc

e.C

ourt

s.≤1

2 m

onth

sD

esig

nate

d ar

eaAl

l lic

ense

d pr

emis

es/s

peci

fied

prem

ises

in th

e de

sign

ated

are

a

WA

Pro

hibi

tion

Ord

erP

rove

ord

er is

war

rant

ed d

ue to

per

son’

s ac

tions

.D

irec

tor

of L

iquo

r Li

cens

ing.

≤5 y

rsSp

ecifi

ed in

Ord

er

Bar

ring

Ord

ers

Viol

ent,

diso

rder

ly, i

ndec

ent b

ehav

iour

.C

ontr

aven

tion

of a

ny w

ritt

en la

w.

Com

mis

sion

er o

f Pol

ice

(pow

er

may

be

dele

gate

d to

offi

cers

ab

ove

rank

of I

nspe

ctor

).

≤12

mon

ths

Spec

ified

lice

nsed

pr

emis

esSp

ecifi

ed c

lass

of

licen

sed

prem

ises

Pow

er to

ref

use

entr

y, s

ell l

iquo

r,

and

rem

ove

from

pr

emis

es

Pers

on is

or

appe

ars

to b

e dr

unk.

Offe

nsiv

e be

havi

our.

Not

con

form

ing

with

rele

vant

, rea

sona

ble,

and

not

ified

dr

ess

stan

dard

s.R

easo

nabl

e be

lief a

nd/o

r kn

owle

dge

pers

on:

• ca

nnot

or

will

not

pay

• is

qua

rrel

som

e or

dis

orde

rly

• se

eks

to o

btai

n liq

uor

by b

eggi

ng•

is a

n as

soci

ate

of, a

repu

ted

thie

f, pr

ostit

ute,

sup

plie

r of

unl

awfu

l dru

gs, o

r pe

rson

con

vict

ed o

f an

offe

nce

invo

lvin

g un

law

ful d

rugs

or

viol

ence

that

is p

unis

habl

e by

a te

rm o

f im

pris

onm

ent e

xcee

ding

3 y

ears

• is

or

appe

ars

to b

e a

pers

on w

hose

pre

senc

e on

th

e lic

ense

d pr

emis

es w

ill o

ccas

ion

the

licen

see

to

com

mit

an o

ffenc

e un

der

this

Act

.

Lice

nsee

s.M

anag

ers.

Empl

oyee

s.P

olic

e.

≤24

hour

sSi

ngle

pre

mis

e

Tabl

e 4

cont

inue

d: P

ower

s to

rem

ove,

exc

lude

, and

pre

vent

pro

blem

pat

rons

from

att

endi

ng li

cens

ed p

rem

ises


Executive Summ

ary


Stat

eO

rder

Beh

avio

urA

utho

rise

dP

erio

dEx

tent

of

Pro

hibi

tion

VIC

Ban

ning

Not

ices

Spec

ifed

offe

nce.

Pol

ice.

≤72

hrs

Des

igna

ted

area

All l

icen

sed

prem

ises

in th

e de

sign

ated

are

a

Excl

usio

n O

rder

sSp

ecife

d of

fenc

e.C

ourt

s.≤1

2 m

onth

sD

esig

nate

d ar

eaAl

l lic

ense

d pr

emis

es/s

peci

fied

prem

ises

in th

e de

sign

ated

are

a

WA

Pro

hibi

tion

Ord

erP

rove

ord

er is

war

rant

ed d

ue to

per

son’

s ac

tions

.D

irec

tor

of L

iquo

r Li

cens

ing.

≤5 y

rsSp

ecifi

ed in

Ord

er

Bar

ring

Ord

ers

Viol

ent,

diso

rder

ly, i

ndec

ent b

ehav

iour

.C

ontr

aven

tion

of a

ny w

ritt

en la

w.

Com

mis

sion

er o

f Pol

ice

(pow

er

may

be

dele

gate

d to

offi

cers

ab

ove

rank

of I

nspe

ctor

).

≤12

mon

ths

Spec

ified

lice

nsed

pr

emis

esSp

ecifi

ed c

lass

of

licen

sed

prem

ises

Pow

er to

ref

use

entr

y, s

ell l

iquo

r,

and

rem

ove

from

pr

emis

es

Pers

on is

or

appe

ars

to b

e dr

unk.

Offe

nsiv

e be

havi

our.

Not

con

form

ing

with

rele

vant

, rea

sona

ble,

and

not

ified

dr

ess

stan

dard

s.R

easo

nabl

e be

lief a

nd/o

r kn

owle

dge

pers

on:

• ca

nnot

or

will

not

pay

• is

qua

rrel

som

e or

dis

orde

rly

• se

eks

to o

btai

n liq

uor

by b

eggi

ng•

is a

n as

soci

ate

of, a

repu

ted

thie

f, pr

ostit

ute,

sup

plie

r of

unl

awfu

l dru

gs, o

r pe

rson

con

vict

ed o

f an

offe

nce

invo

lvin

g un

law

ful d

rugs

or

viol

ence

that

is p

unis

habl

e by

a te

rm o

f im

pris

onm

ent e

xcee

ding

3 y

ears

• is

or

appe

ars

to b

e a

pers

on w

hose

pre

senc

e on

th

e lic

ense

d pr

emis

es w

ill o

ccas

ion

the

licen

see

to

com

mit

an o

ffenc

e un

der

this

Act

.

Lice

nsee

s.M

anag

ers.

Empl

oyee

s.P

olic

e.

≤24

hour

sSi

ngle

pre

mis

e

Tabl

e 5:

Defi

nitio

n of

into

xica

tion

and

drun

k, o

ffen

ces

and

defe

nces

Stat

eO

ffen

ceD

efini

tion

Off

ende

rD

efen

ce

AC

T

A pe

rson

com

mits

an

offe

nce

if th

e pe

rson

sup

plie

s liq

uor

to

anot

her

pers

on; a

nd th

e ot

her

pers

on is

into

xica

ted;

and

the

supp

ly h

appe

ns a

t lic

ense

d/pe

rmitt

ed p

rem

ises

.

A pe

rson

is in

toxi

cate

d if

the

pers

on’s

spe

ech,

bal

ance

, co

ordi

natio

n or

beh

avio

ur is

not

icea

bly

affe

cted

; and

it

is r

easo

nabl

e in

the

circ

umst

ance

s to

bel

ieve

that

the

affe

cted

spe

ech,

bal

ance

, coo

rdin

atio

n or

beh

avio

ur is

th

e re

sult

of t

he c

onsu

mpt

ion

of li

quor

.

Lice

nsee

sP

erm

ittee

sEm

ploy

ees

Oth

er p

erso

ns

See

The

Cri

min

al C

ode,

cha

pter

2.

NSW

Lice

nsee

s m

ust n

ot p

erm

it in

toxi

catio

n.

Lice

nsee

s, e

mpl

oyee

s, o

ther

pe

rson

s m

ust n

ot s

ell o

r su

pply

liq

uor

to a

n in

toxi

cate

d pe

rson

.

A pe

rson

is in

toxi

cate

d if

the

pers

on’s

spe

ech,

bal

ance

, co

ordi

natio

n or

beh

avio

ur is

not

icea

bly

affe

cted

, and

it

is r

easo

nabl

e in

the

circ

umst

ance

s to

bel

ieve

that

the

affe

cted

spe

ech,

bal

ance

, coo

rdin

atio

n or

beh

avio

ur is

th

e re

sult

of t

he c

onsu

mpt

ion

of li

quor

.A

refe

renc

e in

this

Act

to “

into

xica

tion”

in r

elat

ion

to

licen

sed

prem

ises

is a

ref

eren

ce to

the

pres

ence

of

into

xica

ted

pers

ons

on th

e lic

ense

d pr

emis

es.

Lice

nsee

Empl

oyee

sO

ther

per

sons

If an

into

xica

ted

pers

on is

on

licen

sed

prem

ises

, the

lice

nsee

is ta

ken

to h

ave

perm

itted

int

oxic

atio

n on

the

prem

ises

unl

ess

they

pro

ve:

• th

e pe

rson

was

ask

ed to

leav

e th

e pr

emis

es•

the

pers

on d

id n

ot c

onsu

me

alco

hol o

n th

e lic

ense

d pr

emis

es•

the

licen

see

cont

acte

d, o

r at

tem

pted

to

cont

act,

a po

lice

offic

er fo

r as

sist

ance

in

rem

ovin

g th

e pe

rson

from

the

prem

ises

• th

e lic

ense

e re

fuse

d to

ser

ve th

e pe

rson

an

y al

coho

l aft

er b

ecom

ing

awar

e th

at th

e pe

rson

was

into

xica

ted

• th

e lic

ense

e ha

d ta

ken

all o

ther

rea

sona

ble

step

s.

NTi

A lic

ense

e or

a p

erso

n em

ploy

ed

by a

lice

nsee

sha

ll no

t sel

l or

supp

ly li

quor

to a

per

son

unle

ss

the

pers

on to

who

m it

is s

old

or

supp

lied

is n

ot in

toxi

cate

d at

the

time

(the

onu

s of

pro

of o

f whi

ch

lies

with

the

defe

ndan

t).

N/A

Lice

nsee

sEm

ploy

ees

Con

trav

entio

n of

offe

nce:

1.

occu

rred

in a

n em

erge

ncy

and

was

ne

cess

ary

to p

rese

rve

life,

pre

vent

inju

ry, o

r pr

otec

t pro

pert

y2.

au

thor

ised

by

bein

g in

obe

dien

ce to

the

orde

r of

a c

ompe

tent

aut

hori

ty w

hom

th

e de

fend

ant w

as b

ound

by

law

to o

bey

unle

ss th

e or

der

is m

anife

stly

unl

awfu

l (th

e de

term

inat

ion

of w

hich

is a

mat

ter

of la

w).

iA

fter

the

cut-

offd

ate

for

data

col

lect

ion

for

this

rep

orto

fDec

embe

r20

10,t

he N

orth

ern

Terr

itory

Liq

uor

Actw

asa

men

ded

byth

epr

ovis

ions

oft

heA

lcoh

ol R

efor

m (L

iquo

r Le

gisl

atio

n Am

endm

ent)

Act 2

011

(Act

No.

17,

201

1)a

ndA

lcoh

ol R

efor

m (S

ubst

ance

Mis

use

Asse

ssm

ent a

nd R

efer

ral f

or T

reat

men

t Cou

rt) A

ct 2

011

(Act

No.

19,

201

1).T

hese

pro

visi

ons

com

men

ced

on

1Ju

ly2

011.

Whi

leth

ista

ble

does

not

inco

rpor

ate

thes

ere

cent

am

endm

ents

,rea

ders

are

ref

erre

dto

the

curr

entp

rovi

sion

sin

sec

tions

7a

nd1

02o

fthe

Liq

uor

Act (

NT)

whi

chs

tate

that

:A

per

son

isd

runk

if:t

hep

erso

n’s

spee

ch,b

alan

ce,c

oord

inat

ion

orb

ehav

iour

app

ears

tob

eno

ticea

bly

impa

ired

;and

itis

rea

sona

ble

inth

eci

rcum

stan

ces

tob

elie

veth

atth

eim

pair

men

tre

sult

sfr

omth

epe

rson

’sc

onsu

mpt

ion

ofli

quor

.


Executive Summ

ary


Stat

eO

ffen

ceD

efini

tion

Off

ende

rD

efen

ce

QLD

Supp

ly, p

erm

it or

allo

w li

quor

to

be s

uppl

ied

to; o

r al

low

liqu

or

to b

e co

nsum

ed b

y an

und

uly

into

xica

ted

pers

on.

Und

uly

into

xica

ted

mea

ns a

sta

te o

f bei

ng in

whi

ch a

pe

rson

’s m

enta

l and

phy

sica

l fac

ultie

s ar

e im

pair

ed

beca

use

of c

onsu

mpt

ion

of li

quor

so

as to

dim

inis

h th

e pe

rson

’s a

bilit

y to

thin

k an

d ac

t in

a w

ay in

whi

ch

an o

rdin

ary

prud

ent p

erso

n in

full

poss

essi

on o

f his

or

her

facu

ltie

s, a

nd u

sing

rea

sona

ble

care

, wou

ld a

ct

unde

r lik

e ci

rcum

stan

ces.

Any

pers

onFo

r lic

ense

es:

1.

the

offe

nce

happ

ened

with

out t

he

defe

ndan

t’s k

now

ledg

e or

aut

hori

ty; a

nd

2.

the

defe

ndan

t had

exe

rcis

ed d

ue d

ilige

nce

to a

void

the

com

mis

sion

of t

he o

ffenc

e.

SA

Liqu

or s

old

or s

uppl

ied

on

licen

sed

prem

ises

to a

n in

toxi

cate

d pe

rson

; or

liquo

r so

ld

or s

uppl

ied

on li

cens

ed p

rem

ises

to

a p

erso

n in

cir

cum

stan

ces

in w

hich

the

pers

on’s

spe

ech,

ba

lanc

e, c

oord

inat

ion

or

beha

viou

r is

not

icea

bly

impa

ired

an

d it

is r

easo

nabl

e to

bel

ieve

th

at th

e im

pair

men

t is

the

resu

lt

of th

e co

nsum

ptio

n of

liqu

or.

N/A

Lice

nsee

Res

pons

ible

pe

rson

Per

son

who

su

pplie

d th

e liq

uor

Def

enda

nt b

elie

ved

on r

easo

nabl

e gr

ound

s th

at th

e pe

rson

was

not

into

xica

ted

and/

or

that

the

impa

irm

ent o

f the

spe

ech,

bal

ance

, co

ordi

natio

n or

beh

avio

ur o

f the

per

son

was

not

th

e re

sult

of t

he c

onsu

mpt

ion

of li

quor

.

Man

ager

/res

pons

ible

per

son

exer

cise

d pr

oper

ca

re to

pre

vent

the

sale

or

supp

ly o

f liq

uor

in

cont

rave

ntio

n of

the

Sect

ion.

TAS

A pe

rson

mus

t not

sel

l liq

uor

to a

pe

rson

who

app

ears

to b

e dr

unk.

A pe

rson

sha

ll no

t sup

ply

liquo

r to

a p

erso

n w

ho a

ppea

rs to

be

drun

k on

lice

nsed

or

perm

itted

pr

emis

es.

N/A

Per

son

who

se

lls a

nd/o

r su

pplie

s th

e al

coho

l

Infr

inge

men

t not

ices

wer

e gi

ven

for

offe

nces

.

Tabl

e 5

cont

inue

d: D

efini

tion

of in

toxi

catio

n an

d dr

unk,

off

ence

s an

d de

fenc

es


Executive Summ

ary


Stat

eO

ffen

ceD

efini

tion

Off

ende

rD

efen

ce

VIC

A lic

ense

e or

per

mitt

ee m

ust

not s

uppl

y liq

uor

to a

per

son

who

is in

a s

tate

of i

ntox

icat

ion,

or

per

mit

drun

ken

or d

isor

derl

y pe

rson

s to

be

on th

e lic

ense

d pr

emis

es.

A pe

rson

mus

t not

, on

licen

sed

prem

ises

pro

cure

liqu

or fo

r a

pers

on in

a s

tate

of i

ntox

icat

ion;

or

aid

or

abet

a p

erso

n in

a s

tate

of

into

xica

tion

to o

btai

n liq

uor.

For

the

purp

oses

of t

his

Act,

a pe

rson

is in

a s

tate

of

into

xica

tion

if hi

s or

her

spe

ech,

bal

ance

, coo

rdin

atio

n or

beh

avio

ur is

not

icea

bly

affe

cted

and

ther

e ar

e re

ason

able

gro

unds

for

belie

ving

that

this

is th

e re

sult

of

the

cons

umpt

ion

of li

quor

.

Lice

nsee

Per

mitt

eeAn

y pe

rson

Def

enda

nt d

id n

ot k

now

that

dru

nken

or

diso

rder

ly p

erso

ns w

ere

on th

e pr

emis

es; a

nd

had

take

n re

ason

able

ste

ps to

ens

ure

that

dr

unke

n or

dis

orde

rly

pers

ons

wer

e no

t on

the

prem

ises

.

WA

Lice

nsee

s an

d em

ploy

ees

who

pe

rmit

drun

kenn

ess

on p

rem

ises

.

Per

sons

who

sel

l or

supp

ly

liquo

r, o

r ca

use

or p

erm

it liq

uor

to b

e so

ld o

r su

pplie

d, to

a d

runk

pe

rson

; or

allo

w o

r pe

rmit

a dr

unk

pers

on to

con

sum

e liq

uor,

or

obt

ain

or a

ttem

pt to

obt

ain

liquo

r fo

r co

nsum

ptio

n by

a

drun

k pe

rson

; or

aid

a dr

unk

pers

on in

obt

aini

ng o

r co

nsum

ing

liquo

r on

lice

nsed

pre

mis

es.

A pe

rson

is d

runk

for

the

purp

oses

of t

his

Act i

f the

pe

rson

is o

n lic

ense

d pr

emis

es o

r re

gula

ted

prem

ises

; an

d th

e pe

rson

’s s

peec

h, b

alan

ce, c

oord

inat

ion

or

beha

viou

r ap

pear

s to

be

notic

eabl

y im

pair

ed; a

nd it

is

rea

sona

ble

in th

e ci

rcum

stan

ces

to b

elie

ve th

at th

e im

pair

men

t res

ults

from

the

cons

umpt

ion

of li

quor

.

Lice

nsee

Empl

oyee

Any

pers

on

Per

sons

and

em

ploy

ees

may

pro

ve th

at th

ey

wer

e in

stru

cted

by

the

licen

see,

an

appr

oved

m

anag

er o

r an

othe

r pe

rson

in a

pos

ition

of

auth

ority

in r

elat

ion

to th

e pe

rson

cha

rged

to

sell

or s

uppl

y th

e liq

uor

to th

e dr

unk

pers

on.

Tabl

e 5

cont

inue

d: D

efini

tion

of in

toxi

catio

n an

d dr

unk,

off

ence

s an

d de

fenc

es


Executive Summ

ary


Tabl

e 6:

Jur

isdi

ctio

nal d

ata

colle

ctio

n sy

stem

s/so

urce

Juri

sdic

tion

Dat

a Co

llec

tion

Sys

tem

s/So

urce

sSu

mm

ary

AC

T P

olic

ing

• P

olic

e R

ealt

ime

Onl

ine

Man

agem

ent I

nfor

mat

ion

Syst

em

(PR

OM

IS)

ACT

Pol

icin

g us

ed a

man

dato

ry a

lcoh

ol r

ecor

ding

fiel

d on

th

e P

RO

MIS

cas

e m

anag

emen

t sys

tem

to r

ecor

d an

d ex

trac

t w

heth

er a

n in

divi

dual

invo

lved

in a

n in

cide

nt r

epor

ted

to p

olic

e ha

d co

nsum

ed a

lcoh

ol. P

eopl

e in

pol

ice

cust

ody

char

ged

with

an

alco

hol-

rela

ted

assa

ult w

ere

aske

d to

indi

cate

(vol

unta

rily

) if t

hey

had

cons

umed

alc

ohol

pri

or to

the

offe

nce.

At t

ime

of w

ritin

g, th

e al

coho

l rec

ordi

ng fi

eld

in P

RO

MIS

was

mon

itore

d by

AC

T P

olic

ing.

New

Sou

th W

ales

Pol

ice

• Al

coho

l-R

elat

ed C

rim

e In

form

atio

n Ex

chan

ge (A

RC

IE)

ARC

IE c

onta

ined

sig

nific

ant i

nfor

mat

ion

acro

ss a

ran

ge o

f do

mai

ns r

epre

sent

ing

a co

mbi

natio

n of

inte

llige

nce

shar

ed

betw

een

the

NSW

Pol

ice,

the

NSW

Bur

eau

of C

rim

e, S

tatis

tics

& R

esea

rch

(BO

CSA

R),

the

Offi

ce o

f Liq

uor,

Gam

ing

and

Rac

ing

(OLG

R) a

nd th

e O

ffice

of S

tate

Rev

enue

(OSR

). N

SW P

olic

e co

nsid

ered

the

syst

em a

“co

mpl

ete”

sol

utio

n fo

r al

coho

l-re

late

d cr

ime

quer

ies.

Nor

ther

n Te

rrito

ry P

olic

e

• N

T In

tegr

ated

Jus

tice

Info

rmat

ion

Syst

em (I

JIS)

• P

olic

e R

ealt

ime

Onl

ine

Man

agem

ent I

nfor

mat

ion

Syst

em

(PR

OM

IS)

Dat

a co

llect

ion

was

rel

ated

to a

spe

cific

inci

dent

. The

PR

OM

IS

data

col

lect

ion

syst

em c

olle

cted

info

rmat

ion

on b

oth

the

offe

nder

an

d vi

ctim

. IJI

S da

ta w

as o

ffend

er s

peci

fic. T

he d

ata

from

bot

h da

taba

ses

wer

e us

ed b

y po

lice

whe

n lo

dgin

g ob

ject

ions

or

rais

ing

conc

erns

abo

ut li

quor

lice

nsin

g m

atte

rs w

ith th

e N

orth

ern

Terr

itory

Liq

uor

Com

mis

sion

. Thi

s da

ta c

ould

be

acce

ssed

by

outs

ide

agen

cies

, sub

ject

to a

ppro

pria

te a

ppro

val.

Que

ensl

and

Pol

ice

Serv

ice

• Q

ueen

slan

d P

olic

e R

ecor

ds a

nd In

form

atio

n M

anag

emen

t Ex

chan

ge (Q

PR

IME)

The

data

gen

erat

ed in

QP

RIM

E w

as u

sed

by g

ener

al d

utie

s po

lice,

loca

l tac

tical

cri

me

squa

ds a

nd th

e Li

quor

Enf

orce

men

t an

d P

roac

tive

Stra

tegy

(LEA

PS)

uni

ts th

roug

hout

the

stat

e. I

t ca

ptur

ed p

olic

e oc

curr

ence

dat

a ac

ross

a r

ange

of d

omai

ns.

The

data

had

bee

n us

ed to

dis

pel s

ome

mis

conc

eptio

ns

conc

erni

ng lo

cale

s an

d de

mog

raph

ic g

roup

s of

ten

perc

eive

d to

be

pro

blem

atic

.


Executive Summ

ary


Juri

sdic

tion

Dat

a Co

llec

tion

Sys

tem

s/So

urce

sSu

mm

ary

Sout

h A

ustr

alia

Pol

ice

• P

olic

e In

form

atio

n M

anag

emen

t Sys

tem

(PIM

S –

Mai

nfra

me

syst

em)

• Tr

affic

Onl

ine

(Dat

a w

areh

ouse

app

licat

ion)

• Ex

piat

ion

Dat

abas

e•

Alco

hol I

ncid

ent R

epor

ting

(AIR

) dat

a co

llect

ion

Sout

h Au

stra

lia P

olic

e co

llect

ed d

ata

on a

lcoh

ol-r

elat

ed o

ffend

ing

from

its

exis

ting

data

sys

tem

s. T

hese

sys

tem

s w

ere

acce

ssed

or

ana

lyse

d vi

a a

web

-bas

ed a

pplic

atio

n. T

he A

IR d

ata

was

use

d to

iden

tify

prob

lem

lice

nsed

pre

mis

es a

cros

s th

e st

ate,

and

to

enga

ge m

anag

emen

t at t

hese

ven

ues

to im

prov

e co

mpl

ianc

e w

ith

licen

sing

reg

ulat

ions

.

Tasm

ania

Pol

ice

• N

on-s

peci

ficW

hile

Tas

man

ia P

olic

e di

d no

t hav

e a

spec

ific

alco

hol-

rela

ted

offe

nces

dat

abas

e, d

ata

was

nev

erth

eles

s co

llect

ed in

rel

atio

n to

a n

umbe

r of

alc

ohol

-rel

ated

mat

ters

usi

ng m

ultip

le d

ata

syst

ems.

A r

ange

of i

nfor

mat

ion/

data

was

rou

tinel

y co

llect

ed

for

repo

rtin

g on

a m

onth

ly b

asis

. Tas

man

ia P

olic

e w

as m

ovin

g to

war

ds a

new

info

rmat

ion

tech

nolo

gy p

latf

orm

and

will

be

revi

ewin

g ex

istin

g da

ta c

olle

ctio

n sy

stem

s an

d fu

ture

nee

ds.

Vict

oria

Pol

ice

• La

w E

nfor

cem

ent A

ssis

tanc

e P

rogr

am (L

EAP

)•

Alco

hol &

Dru

g R

epor

ting

Inci

dent

s fo

r Ta

skin

g (A

DR

IFT)

• In

terp

ose

»Li

cens

ed P

rem

ises

Inci

dent

Rep

ort (

LPIR

)•

Atte

ndan

ce R

egis

ter

• Tr

affic

Inci

dent

Sys

tem

(TIS

)•

Task

forc

e R

AZO

N•

Div

isio

nal L

icen

sing

Uni

ts (D

LU)

• C

ompu

ter

Aide

d D

ispa

tch

Syst

em

A va

riet

y of

dat

a sy

stem

s in

corp

orat

ing

a di

vers

e an

d co

mpr

ehen

sive

set

of a

lcoh

ol a

nd n

on-a

lcoh

ol s

peci

fic d

ata

wer

e us

ed to

mon

itor

alco

hol-

rela

ted

crim

e an

d di

sord

er.

Ther

e w

as

pote

ntia

l for

the

vari

ous

info

rmat

ion

sour

ces

to b

e ra

tiona

lised

as

a s

ingl

e da

taba

se.

Iden

tity

scan

ning

at l

icen

sed

prem

ises

had

be

en id

entifi

ed a

s a

pote

ntia

l new

initi

ativ

e.

Wes

tern

Aus

tral

ia P

olic

e

• In

cide

nt M

anag

emen

t Sys

tem

(IM

S)Th

e IM

S co

ntai

ned

a m

anda

tory

“al

coho

l flag

” w

hich

was

re

cord

ed a

gain

st a

par

ticul

ar in

cide

nt.

It w

as e

xam

ined

dai

ly to

id

entif

y in

cide

nts

conn

ecte

d to

par

ticul

ar li

cens

ed v

enue

s. T

he

pote

ntia

l exi

sted

for

the

colle

ctio

n of

com

pute

r ai

ded

disp

atch

(C

AD) d

ata

for

inci

dent

s in

whi

ch a

lcoh

ol w

as a

fact

or.

Tabl

e 6

cont

inue

d: J

uris

dict

iona

l dat

a co

llect

ion

syst

ems/

sour

ce

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