The Liquor Control Act 1988 (WA) (Act) empowers the Department of Health to intervene in liquor licensing applications. The Department of Health's role is to inform and alert the licensing authority to high risk aspects of any application which may increase the likelihood of harm or ill health arising as a consequence of liquor consumption.
The Department of Health will often recommend imposing conditions on the licence, should it be granted, to ensure it will not contribute to liquor related harm and ill health.
The Department of Health has stated in its interventions for some time now that when liquor is served with energy drinks, it increases the risk of harm and ill health occurring. This proposition has gone largely unchallenged by recent applicants for licences. Consequently conditions have been imposed on numerous licences banning liquor from being served with energy drinks.
The licensing authority now appears to have adopted the proposition. In recent ‘show cause’ notices the authority has included the energy drink restriction in the trading conditions imposed on licences that are under investigation. It has also included the energy drink ban in the recently amended Long Weekend ETP policy, meaning licensees operating under an occasional licence on a long weekend in 2011 will not be able to serve liquor with energy drinks.
The current attitude regarding energy drinks appears to have been arrived at based on a study which concluded some individuals felt less intoxicated when caffeine was co-administered with liquor. However, there appears to be very little anecdotal or other evidence to support the claim that consumption of energy drinks in conjunction with liquor increases the rate of alcohol related violence in Western Australia.
If you have any queries about licences serving liquor with energy drinks or the nature of the conditions currently being imposed on licenses, please do not hesitate to contact Dan Mossenson, Partner, on (08) 9288 6769 / dan.mossenson@lavanlegal.com.au or Alec Weston, Solicitor, on (08) 9288 6873 / alec.weston@lavanlegal.com.au
