Liquor Licensing (Liquor Review) Amendment Bill

Final Stages

The Legislative Council agreed to the bill with the amendments indicated by the following schedule, to which amendments the Legislative Council desires the concurrence of the House of Assembly:

No. 1. Clause 22, page 26, line 8 [clause 22, inserted section 40(8)(e)]—Delete '3 years' and substitute '5 years'

No. 2. Clause 26, page 27, lines 25 to 35—Delete the clause

No. 3. New clause, page 37, after line 4—Insert:

51A—Amendment of section 69—Extension of trading area

(1) Section 69(3)—delete 'An' and substitute:

Subject to subsection (4), an

(2) Section 69—after subsection (3) insert:

(4) If the licensing authority considers that a council is unreasonably withholding its consent or approval for the purposes of subsection (3)(d) or (e) in relation to a prescribed application, the licensing authority may grant an authorisation under this section in respect of the prescribed application without the council's consent or approval (as the case requires).

(5) In this section—

Adelaide CBD means the area of the City of Adelaide bounded—

(a) on the north by the northern bank of the River Torrens; and

(b) on the south by the northern alignment of South Terrace; and

(c) on the east by the western alignment of East Terrace and its prolongation north to the northern bank of the River Torrens; and

(d) on the west by the eastern alignment of West Terrace and its prolongation north to the northern bank of the River Torrens,

but does not include an area in the City of Adelaide determined by the Commissioner, by notice in the Gazette, not to be part of the Adelaide CBD for the purposes of this section;

prescribed application means an application relating to a relevant place that is in a prescribed area;

prescribed area means—

(a) the Adelaide CBD; and

(b) any other area determined by the Commissioner, by notice in the Gazette, to be a prescribed area for the purposes of this section.

No. 4. Clause 72, page 49, line 37 [clause 72, inserted section 110A(6), definition of prescribed place, (a)]—Delete 'public place; or' and substitute 'public place, other than—'

(i) a public place of a kind referred to in paragraph (d) of the definition of regulated premises in section 4; or

(ii) any other public place, or kind of public place, declared by regulation not to be a prescribed place; or

No. 5. Clause 95, page 62, line 36 to page 63, line 3 [clause 95, inserted section 135A]—Delete inserted section 135A

No. 6. Clause 98, page 64, lines 29 to 32 [clause 98(1), inserted subsection (1b)]—Delete inserted subsection (1b)

No. 7. Clause 98, page 64, after line 34 [clause 98, after subclause (2)]—Insert:

(2a) Section 138—after subsection (2a) insert:

(2b) A regulation required to be laid before each House of Parliament in accordance with the Subordinate Legislation Act 1978 that prescribes fees for the purposes of this Act may not prescribe or provide for any matter that is not prescribed in connection with such fees.

Consideration in committee.

The Hon. J.R. RAU: I move:

That the Legislative Council's amendments be agreed to.

I indicate that whilst there are a couple of aspects of the returned bill which are deeply regrettable—in particular and most significantly the requirement that there should be a break in trade at some point in time to enable people the opportunity of sobering up—overall, were I to dwell upon that, I would not see the sunshine elsewhere. I think we always have to look for the sunshine rather than look at the rainclouds. I am going to look at the sunshine and say I will accept.

Ms CHAPMAN: I indicate, from the opposition's point of view, that we welcome the return of the bill with the amendments and thank those in another place for their contribution in the debates for the improvement of the reforms in relation to this area. I like sunlight, too; it is a great disinfectant. It is a pity the government did not exercise it more often in relation to the transparency of their government. Nevertheless, we are pleased to note that the government have recognised the significance of the reforms that need to pass this parliament with improvement.

Motion carried.