Page 964 - Week 03 - Thursday, 23 March 2017
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Title read by Clerk.
MR RAMSAY (Ginninderra—Attorney-General, Minister for Regulatory Services, Minister for the Arts and Community Events and Minister for Veterans and Seniors) (10.48): I move:
That this bill be agreed to in principle.
I am pleased to introduce the Liquor Amendment Bill 2017 to the Assembly today. This bill makes a number of amendments to the ACT’s liquor legislation to reduce alcohol-related harm, to support a vibrant night-time economy and to reduce unnecessary regulatory burden. The range of amendments made by the bill follows an extensive process of review of the ACT’s liquor laws, including significant consultation with key stakeholders, including industry, police, the liquor licensing regulator, public health advocates and the broader community.
An independent review was undertaken in 2013-14 by ACIL Allen Consulting to look at the impact of the very significant reforms made to the territory’s laws in 2010. These reforms included the introduction of mandated responsible service of alcohol training for staff working in licensed premises; a risk-based licensing model; criminal offences for supplying liquor to intoxicated people or to minors; bans on promoting liquor in a way that encourages excessive and rapid consumption of alcohol; an emergency power for ACT Policing to close premises for up to 24 hours in certain circumstances; and patron responsibilities, with fines which can be issued by police to patrons for failing to leave licensed premises when directed or abusing staff at venues for refusing to serve intoxicated patrons. The ACIL Allen review was followed by consultation with key stakeholders and with the Canberra community about potential options to address harm minimisation, to reduce regulatory burden and to maintain the vibrancy of our city’s night life.
Prior to the 2016 election the Chief Minister announced a range of measures which would be implemented by the government to help ensure people can have a safe night out in our city, to increase the vibrancy and diversity of the ACT’s nightlife and to reduce unnecessary regulatory burden on the liquor and hospitality industry. This bill gives effect to those commitments as well as several other proposals on which public consultation has occurred since the liquor legislation was reviewed.
The first harm minimisation amendment made to the liquor legislation by this bill is the creation of a statutory power for licensees and other authorised people to evict or to refuse entry to someone who is intoxicated, violent, quarrelsome or disorderly. Under the common law there is an implied invitation for patrons to enter a licensed venue, which can be revoked by the licensee provided the reason is not discriminatory. This amendment clarifies that common law right of eviction or refusal of entry in relation to certain circumstances where it is likely to be necessary and warranted for the safety and comfort of other patrons and for the staff of the venue.
This bill also creates a new offence that will apply if a person who has been evicted or refused entry to a venue remains in the vicinity of the venue or tries to re-enter the
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