Page 5510 - Week 17 - Wednesday, 4 December 1991

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MR TEMPORARY DEPUTY SPEAKER: Order! It being past 12.30 pm, the debate is interrupted in accordance with standing order 77, as amended by temporary order.

Motion (by Mr Collaery) put:

That so much of standing and temporary orders be suspended as would prevent private members' business from proceeding until 12.45 pm.

A vote having been called for -

Mr Collaery: I will withdraw that motion.

Motion, by leave, withdrawn.

LIQUOR (AMENDMENT) BILL (NO. 3) 1991

MR CONNOLLY (Attorney-General, Minister for Housing and Community Services and Minister for Urban Services) (12.34): Mr Speaker, I present the Liquor (Amendment) Bill (No. 3) 1991. I move:

That this Bill be agreed to in principle.

The Assembly recently enacted a Bill making it an offence to consume liquor in certain public places. The new provision creates certain exemptions, including the consumption of liquor at furniture or other facilities lawfully provided by the proprietor or lessee of licensed premises. Advice from the Government Solicitor indicates that the exemptions do not cover the consumption of liquor at furniture lawfully provided outdoors by the proprietor of a "bring your own" restaurant, or indeed within the restaurant itself. I am sure that this result was not intended by the proponent of the new provision.

The Government believes that it is clearly an unsatisfactory result for the consumption of liquor in a "bring your own" context, either outdoors or indoors, to constitute a criminal offence. I am sure that all members of the Assembly have enjoyed a glass of wine at a BYO restaurant, or perhaps attending a cafe, and would be horrified at the thought that the police would be moving in to arrest them. The Bill will correct this anomaly by extending the exemption to cover "bring your own" premises and outdoor facilities provided with the permission of the Department of Urban Services as part of the conduct of that business.

Mr Duby: It could increase licence fees.

MR CONNOLLY: Mr Duby suggests that there might be some licensing fees increase. I present the explanatory memorandum for this Bill.


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