Page 1557 - Week 04 - Thursday, 25 March 2010
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In the case of a commercial permit for a special event, the commissioner would have discretion to impose this rule, but only if circumstances warrant. For a special event like Oktoberfest, for example, the commissioner would have the discretion to retain the ability to serve liquor in steins, which are larger than the standard imperial pint. In recognising the importance of responding to changing circumstances, that may require new conditions to be imposed. Part 2 gives the commissioner the ability to vary a condition on a licence at any time.
Part 3 replaces the current permit framework, which includes three classes of permits, with a simpler framework for commercial and non-commercial permits. A commercial permit covers commercial ventures, as distinct from non-commercial permits, which cover not-for-profit organisations. Commercial permit holders will be required to provide information on any influential people or close associates of the permit holder and provide a risk assessment management plan for the proposed premises or event.
Information contained in the RAMP will ensure that the government has a greater level of information about how any risks associated with the event will be managed in making a decision, taking into account the new harm minimisation and community safety principles. Similar to liquor licences, permits will also be subject to conditions, the breach of which will trigger occupational disciplinary action by the ACT Civil and Administrative Tribunal.
Part 4 builds into the framework of this new legislation a high level of scrutiny in the management of liquor licences and permits and is fundamental to maintaining the integrity of the new liquor licensing scheme. The new suitability criteria will require applicants for licences to inform the commissioner about, amongst other things, any relevant convictions, involvement in bankruptcy or insolvency proceedings, prior refusals for a liquor licence and ability to comply with the act. These suitability criteria will also be applied to any close associate or influential person of the licensee.
Part 4 builds on the flexibility and responsiveness model by not requiring a police certificate every year at renewal for licensees and their close associates or influential people, but allows the commissioner to require a police certificate to be provided where the circumstances warrant it.
Part 4 also sets out the criteria—these are new criteria—for the commissioner to consider when determining whether a venue is suitable for a liquor licensee to operate or an event to occur. Suitability information will take into account such things as proximity of premises to schools, places of worship, hospitals or residential homes; fire safety; the noise likely to come from the premises; and whether the use of the premises would attract a large number of people and, if so, the risk to the community. This is an important reform, as it allows the community to have their say and it allows the commissioner to take into account these concerns, which are legitimate often in the circumstances of a licensed premise close to residential areas.
Part 5 of the bill sets out the process by which the commissioner determines occupancy loadings. All licences will be required to have an occupancy loading
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