Page 1558 - Week 04 - Thursday, 25 March 2010
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determined by the commissioner for all public areas of the premises which cannot be greater than the loading recommended by the Chief Officer of the Fire Brigade. This is, of course, an existing requirement and is an important fire safety provision.
Part 6 of the bill is fundamental to the commissioner’s capacity to assess risks associated with a licensed venue and how they will be managed against the new harm minimisation and community safety principles. Principles include the need to minimise harm caused by alcohol abuse, including adverse health effects; personal injury; property damage; and violence or antisocial behaviour.
The provision of a RAMP by licensees is a key aspect of the new information-sharing model. Applicants for a licence or commercial permit will need to set out for the commissioner’s consideration how they intend to manage risks such as noise, security, transport arrangements and queuing areas in the running of the business. Building on the flexibility model, if a licensee or commercial permit holder needs to amend the approved RAMP, they may apply to the commissioner to do so. Failure to comply with the RAMP would be a serious matter, as this would constitute a breach of the licence. Any breach of an approved RAMP could result in the suspension or loss of licence, not to mention the possibility of a prosecution.
Part 7 of the draft bill defines an adults-only area for licensed premises where children and young people are not allowed to enter and strengthens the provisions dealing with under-age functions. In dealing with vulnerable people such as young people, a higher threshold of scrutiny will be applied. Unlike in the past where licensees had to notify the commissioner prior to the event, there is now a requirement for the licensee to seek approval to hold such an event. Additionally, everyone working in an under-age event, regardless of capacity, will be required to undertake a police check. The commissioner will have the power to impose any condition on the approval as well as the standard conditions set out by regulation.
Part 8 of the exposure draft introduces new requirements in order to make a difference in changing the culture of binge drinking. Licensees and commercial permit holders, their employees and security guards will be required to undertake mandatory responsible service of alcohol training. Learning about the risks and the impact of irresponsible sale and consumption of alcohol helps everyone to recognise when a patron is intoxicated and help them to effectively rid these people.
Mandatory RSA training is an important step because the proposed new early intervention model of enforcement would have an infringement notice scheme available for police to use in the enforcement of the new strict liability liquor offences, most notably supplying liquor to intoxicated people. The new model seeks to address the issue of alcohol-related violence at its source. It is important to note that staff exercising RSA principles by refusing to serve intoxicated people will be protected from abuse, harassment and intimidation by a new public order offence.
In line with other jurisdictions, the definition of “intoxicated” has been changed from a person’s speech, balance, coordination and behaviour being “seriously affected” to “noticeably affected”.
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