Page 965 - Week 03 - Thursday, 23 March 2017
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venue within six hours of being excluded. Vicinity of the premises is defined as meaning any place that is less than 50 metres from any point on the boundary of the premises. The offence will not apply if the person reasonably fears for their safety if they do not remain in or re-enter the vicinity of the premises or if they live in or must catch transport from the vicinity of the premises. This amendment also protects the safety of patrons and staff of a venue by ensuring that a person who may be violent, disorderly or highly intoxicated and who may be aggrieved at being evicted or refused entry does not remain around the venue causing trouble.
The bill also amends the current Liquor Act definition of intoxicated, which is based on intoxication arising through the consumption of alcohol. It will now include intoxication that occurs as a result of the consumption of drugs or a combination of alcohol and drugs. This will ensure that harm minimisation provisions in the act which relate to the refusal of service or entry to intoxicated people also apply to patrons who are intoxicated because they have consumed drugs or a combination of alcohol and drugs.
A further amendment clarifies that the Commissioner for Fair Trading may impose a licence condition requiring a licensee to fit security cameras at their venue. Security cameras have a crime deterrent effect and provide valuable evidence for the investigation and prosecution of crime. So this amendment will improve the safety of licensed venues for both patrons and staff.
Currently the Liquor Act provides that the Attorney-General may declare a product to be a prohibited alcohol product if it is likely to appeal to children or to young people or be confused with confectionary or a non-alcoholic drink. The bill expands this power to also include products with names or packaging that are offensive or indecent or likely to encourage irresponsible, rapid or excessive consumption of alcohol.
The bill also provides that a product may be declared a prohibited alcohol product if it is in the public interest to do so. An example of the type of product that could be declared prohibited under this expanded provision is powdered alcohol. This product raises health concerns that it may be snorted, and safety concerns that it may be more easily hidden than liquid alcohol and therefore taken into places where alcohol is not permitted, such as schools or underage events. A similar provision exists in New South Wales and has been used there to declare powdered alcohol a prohibited product.
The bill also makes amendments to improve the consultation requirements relating to new liquor licence applications and applications for significant changes to existing licences; for example, increases to the occupancy loading or trading hours of an established venue. The amendments will ensure that adjoining residents, along with relevant government agencies and directorates, are aware of applications and have an opportunity to understand any implications and voice any concerns. Similarly, the bill will make it easier for members of the community to express any concerns about a licensee or a venue by removing the current requirement for any complaints to be in writing. These amendments support the government’s commitment to reducing alcohol-related harm.
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