Page 5595 - Week 13 - Thursday, 17 November 2011

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Since the new fees were introduced last year, up to the end of August this year, there has been a 21 per cent decrease in alcohol-related arrests, a 12 per cent decrease in the number of alcohol-related assaults and a 17 per cent reduction in the number of people taken into protective custody for drunk and disorderly offences. The government accepted the findings of the review and the Attorney-General tabled the final report in the Assembly on 22 September 2011. The review process has taken nearly the whole of this year. It has involved extensive work by the Justice and Community Safety Directorate who are also undertaking a range of other government priorities and a substantial part of the Assembly’s legislation program.

In response to recent media relating to a small number of licensees who were contacted by ORS about the status of their licence, I would like to provide some additional information for the benefit of members. Since the commencement of the Liquor Act in December 2010, ORS has become aware of a small number of licensees who appear to be trading in a manner that is not wholly consistent with the subclass of licence that they identified when they applied to be licensed under the new act.

In conducting out-of-hours licence inspections, ORS inspectors have observed that some venues with restaurant licences appear to be undertaking functions that are also consistent with being categorised as a bar or a nightclub. Inspectors have observed that some venues with bar licences appear to be undertaking functions that are also consistent with being categorised as a nightclub. Section 37 of the Liquor Act permits the Commissioner for Fair Trading to initiate action to amend a licence. The act provides for notice to be provided to the affected licensee.

Testing whether venues have appropriate licences is part of the compliance activity conducted by ORS. The Liquor Act and the fees place a great deal of emphasis on risk. It is important that venues are properly categorised to enable ORS, the police and the community to know that licensees have in place the appropriate risk management plans and pay the appropriate fees according to the activities carried out on their premises.

ORS will develop criteria to assess which subclass is appropriate for a venue. ORS will consult with the AHA and the Liquor Advisory Board in the development of these criteria. It is anticipated that the criteria will include considerations such as how the premises are marketed to the public, the type of events advertised by the licensee, the frequency of change in activity-business type and the proportion of trading time during which the activity occurs,

We now have in place in the ACT an evidence-based risk approach to the fees structure which self-funds the new alcohol crime targeting team of 10 new police officers and additional regulatory officers to administer and enforce these new liquor laws. There is absolutely no need for an additional three-month review. What is it going to find in addition to the work that has already been undertaken extensively and information already provided to members in this place?

The new fees structure through the final report has created a fairer, more equitable system whereby two-thirds of licensees will pay less for their licences and one-third


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