Page 2381 - Week 06 - Thursday, 24 June 2010
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The third key area of change is the introduction of new measures to enhance the integrity of a liquor licence. A licensee will be required to disclose to the commissioner details of close associates or influential people in the business to ensure transparency and a high level of integrity with the granting and ongoing management of a liquor licence. The commissioner will assess the information provided about associates and influential people to determine the suitability of an applicant to manage a new liquor licence business. Suitability information will include relevant convictions, involvement in bankruptcy or insolvency proceedings, prior refusals for a liquor licence and an ability to comply with the act.
The commissioner will now be better placed to determine the suitability of a liquor licence business to operate in a particular location. Suitability information for premises will require the commissioner to take into account the proximity of premises to schools, places of worship, hospitals and residential homes. The commissioner will also take into account fire safety, the noise likely to come from the premises and whether the use of the premises for the sale of liquor would attract a large number of people and, if it would, the overall risk to the community. Failure by the licensee to inform the commissioner of changes to the suitability information about themselves, close associates, influential people or the premises is a serious offence, as it undermines the integrity of the licensing scheme.
The fourth key area of change is the liquor licensing framework. Central to the licensing framework are the five classes of licences. Both individuals and corporations will be able to apply for a liquor licence. The first class of licence is a general licence which authorises a licensee to sell liquor on and off the premises during the licensed times. Hotels and wineries are examples of this class of licence because they sell liquor for consumption on and off the premises, but any business wishing to sell liquor on and off the premises can apply for a general licence.
The second class of licence, which is an on-licence, has been refined to include three subclasses: a bar licence, a nightclub licence and a restaurant and cafe licence. An on-licence authorises a licensee to sell liquor at the licensed times for consumption on the premises only—that is, not for takeaway. The third class of licence is an off-licence, which authorises the licensee to sell unopened liquor at the licensed times for consumption off the premises. Bottle shops and supermarkets are examples of off-licences.
The fourth class of licence is a club licence, which authorises the licensee to sell liquor on and off the premises to club members and their guests. The fifth class of licence is a special licence, which authorises the licensee to sell liquor at the premises and at the licensed times. This licence class builds in flexibility. It will be used for those types of businesses which do not easily fit within the other four classes of licence. An example of a special licence is the licence that would be issued to the Canberra Casino, since it is subject to other legislation which can impact on the sale of liquor.
The centrepiece of the new liquor licensing framework is the new information sharing model, which will cultivate information decision making to reduce harm and improve public safety. The new model brings together the licensee, the community and the
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