Getting Tough on Alcohol Related Violence
Friday, 11th November 2011
The Rev Hon Fred Nile MLC, Leader of the Christian Democratic Party, supported the 'Liquor Amendment (3 Strikes) Bill (No 2) 2011' in the NSW Legislative Council.
"The Christian Democratic Party supports the Liquor Amendment (3 Strikes) Bill (No 2) 2011. The object of the bill is to establish a three-strikes disciplinary system in respect of liquor licences for venues at which multiple breaches of the Liquor Act 2007 have occurred. I am pleased that the Government has introduced this bill in response to increasing alcohol-related violence and antisocial behaviour. Such behaviour has occurred in metropolitan areas, large regional centres such as Newcastle and Wollongong, and in rural areas. I was in Newcastle when they introduced some restrictions in hotels. It was good to see that those restrictions, particularly the restriction on venue opening hours, had a positive effect", said Rev Fred Nile.
"This bill targets 'rogue' licensees and licensed venues that are repeatedly linked with violent behaviour or refuse to abide by existing laws. The vast majority of the estimated 14,000 licensed venues cannot typically be described as 'rogue' venues. However, some have not done enough to minimise problems associated with irresponsible service of alcohol and careless venue operations. They do not fully grasp the seriousness of the fact that licensees and venue staff have a responsibility to take action to prevent harmful conduct, including violent conduct such as alcohol-related assaults. However, we must be careful when responding to assaults. Although some assaults occurred on streets where there were licensed venues it was subsequently found that the venues had no direct link to the assaults. The police must take great care when collating the relevant information and any possible relationship to a venue when itemising the causes of an assault.
The offences prescribed by the bill include: permitting intoxication on licensed premises; permitting indecent, violent or quarrelsome conduct on licensed premises; selling or supplying alcohol to an intoxicated person or a minor; allowing alcohol to be sold or supplied to a minor on licensed premises; permitting the use or sale of substances that a licensee or manager suspects are illicit drugs; not complying with a direction issued by the director general to a licensee or staff; selling or supplying alcohol outside authorised trading hours; non-compliance with a closure order issued under the Liquor Act to prevent or reduce a significant risk to the public interest where there are serious breaches of the Act; and a breach of key liquor licence conditions applying to violent venues listed in schedule 4 of the Liquor Act or conditions imposed on a venue following the imposition of a strike.
An area of concern is whether the licensee, manager or operator should be the one to bear the penalty. This must be carefully investigated to ensure that the three strikes are directed against the relevant persons. These offences prescribed by the bill contribute to alcohol-related violence and antisocial behaviour and to other undesired problems that the community is fed up with. Strikes may be incurred only when there is a conviction for a prescribed serious offence. Strikes will not be incurred when a prescribed offence is proven but no conviction is recorded by the courts. The bill takes into consideration circumstances where licence cancellation is not the most appropriate outcome. Of course, licence cancellation has a direct impact on the viability of the venue and could lead to its failure and permanent closure. Licence cancellation may be found not to be the appropriate outcome when the licensee, manager or same business operators have not been responsible for all the offences underpinning strikes. In these cases, a third strike may instead result in licence suspension for up to 12 months. This would also have a direct impact on the viability of the venue.
The bill also provides for an additional option at the third-strike stage to impose, vary or revoke any condition on a liquor licence. Consistent with existing disciplinary powers in the Liquor Act, the serious third-strike decision will be made by the Casino, Liquor and Gaming Control Authority. The authority will then suspend or cancel a licence and disqualify a licensee. The threat of this will now help focus directly the minds of those who are responsible for those venues. The bill moves away from harm minimisation and more towards harm eradication or harm prevention. The Christian Democratic Party is therefore pleased to support the bill", Rev Nile stated.