Page 3158 - Week 11 - Wednesday, 11 September 1991
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This Bill basically - and I will go through it - provides for a number of things. Firstly, it amends the principal Act by creating a new subsection, 84(1), which states, "A person shall not consume liquor in a prescribed public place". The penalty for doing so is $400. It is a very low penalty. It is probably less than one gets for not paying a parking fine these days; it is less than any traffic infringement. It is right at the lower end of the scale of penalties.
It then sets out some definitions and exceptions. It states, in proposed subsection (2), that this provision "does not apply in relation to the consumption of liquor ... within 200 metres of a licensed premises by persons using furniture or other facilities ... provided by the proprietor or lessee of those premises for that purpose". One of the criticisms was that this will stop people legitimately drinking at sidewalk cafes, outside liquor establishments, and things like that. That subsection exists to ensure that that does not occur. The 200 metres has been put in because that was suggested by the ACT Bar Association. I believe in giving credit to experts and, certainly in terms of the laws, I would hope that that organisation has a large number of experts.
Also, of course, paragraph (b) of proposed subsection 84(2) excludes consumption "in a place and during a period specified in a permit". That enables someone to take out a permit to conduct something like the Oktoberfest in Garema Place, should they wish to do so. Otherwise, in areas of Garema Place - other than those licensed establishments with chairs and tables; Gus Petersilka's is one and I think there are a couple of others - under this legislation, consuming alcohol would be banned. That is one of the problem areas identified by the Australian Federal Police.
But someone who really wanted to have a beer festival there or something like that could take out a permit, just as any group takes out a permit to sell alcohol at sporting grounds and social functions in Canberra now; because to sell alcohol in a public place in Canberra you do need a permit, even though at this stage anyone can buy drink anywhere and go off and drink it anywhere they like in a public place.
Proposed subsection (3) defines what "public place" means. It is a public place that "is, or is within 200 metres of, a bus interchange or a stopping place within the meaning of the Motor Omnibus Services Act". In other words, it bans people drinking around bus interchanges. Again, the 200 metres is put in there as a result of advice received from the ACT Bar Association. It is also a public place "within 200 metres of a shop or licensed premises". This is to counter the problems we have in Woden, Belconnen, around the suburban shopping centres and Garema Place; noting, of course, that if people want to hold a beer-fest or
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