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Legislative Assembly for the ACT: 1996 Week 8 Hansard (27 June) . . Page.. 2519 ..
The amendments also permit the Registrar to determine an occupancy loading for an approved outside area of a licensed premises having regard to the facilities that are provided in the premises, such as toilets, and the facilities contained in the outside area, such as tables and chairs. This amendment stems from a recommendation of the Community Safety Committee which was concerned about the increasing incidence of outside areas being used as "stand up" drinking areas and the resultant loss of amenity that was being occasioned on the public who were otherwise endeavouring to use the area. The Registrar will now be able to clearly limit the number of persons permitted in outside areas thereby reducing one of the major causes of loss of amenity. As the issue is not one that has fire safety as a factor the Registrar will not be required to seek the views of the Fire Commissioner.
An issue that has been of increasing importance over the last few years has been the offence of selling or supplying liquor to intoxicated persons. Unfortunately, the attempts of the regulatory agencies to prosecute licensees for committing such offences have been thwarted by the current structure of the relevant offence provision in the Act. The amendment proposes amending section 79 so that the test of whether a person is intoxicated changes from a test based on the belief of the licensee to one based on whether there are reasonable grounds for believing that a person is intoxicated. The amendment includes guidance as to what physical signs are
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