It is helpful to monitor changes in liquor licensing laws and policies outside of Western Australia as they occur around the rest of the country because they can potentially be adopted to some extent in this State.
In Queensland a classification system has been introduced by which licensed premises with a high number of adverse liquor related incidents can potentially be given a risk rating. A ‘high risk’ classification which can result in various conditions being imposed on the licence, is not easily removed.
The new Liberal Government in New South Wales has vowed to crack down on alcohol-related anti-social behaviour by introducing a ‘three strikes’ policy. Licensed venues will be named and shamed after three offences and potentially face tougher trading restrictions such as time-out periods (where no liquor can be sold by the licensee), lockouts and the mandatory introduction of plastic cups. Potentially businesses could even be closed after repeated offences.
The Victorian Government is also set to trial a similar system in 2011 with the imposition of a new demerit point based system. Just like a driver’s licence, a licensee’s liquor licence will automatically be suspended after a certain amount of demerit points have been accumulated. This system will be complemented by a rating system which will reward compliant venues with reductions in annual licence fees.
These changes and proposed changes have come about as a consequence of an apparent increase in alcohol-related anti-social behaviour. It has been identified that both licensees and regulators require greater power to deal with unruly consumers.
The role of the police as regulators of the industry continues to grow and another Operation Unite, where police target anti-social behaviour in entertainment precincts around the country, is reportedly set for May 13 and 14. Licensees should be prepared for this. One method of doing so is to arrange for a Lawdit to be conducted. To request a Lawdit of your premises simply complete and return the attached form.
Should you have any queries about this article, 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.
