LIQUOR LICENSING (CERTIFICATES OF APPROVAL) AMENDMENT BILL

Second Reading

Adjourned debate on second reading.

(Continued from 15 November 2007. Page 1392.)

The Hon. R.D. LAWSON (11:11): The Liberal Party supports the passage of this bill, which makes sensible amendments to the procedures for obtaining a certificate of approval for proposed premises, which certificate is granted under the Liquor Licensing Act. The current scheme was drawn, I believe, with perhaps a misunderstanding of the effect of planning and building act approvals and seems to have assumed that those approvals will be obtained at the same time, such approvals being the prerequisite for the obtaining of a certificate of approval for a proposed premises under section 59 of the Liquor Licensing Act.

The minister's explanation introducing the bill mentioned the Redlegs case in March of last year, and the observations of Judge Beazley in relation to that, as well as a Supreme Court decision affecting the interpretation. The amendments will mean that only planning approval need be obtained before obtaining a certificate of approval under section 59 for the granting of a licence, and under section 62 for the granting of a certificate of approval for the removal of a licence to proposed premises. This is a sensible amendment.

The only concern one might have about amendments of this kind is that liquor licences and other licences under that act are, to some extent, a barrier to entry of new participants in this important industry and, as such, are seen by many as a protection which existing operators have for exclusivity and an opportunity which they have, by reason of their rights of objection, to defeat or delay proposals for the grant of new licences.

One can debate endlessly about that matter. Our view is that the current act strikes a correct balance for the rights of people who hold a licence and who have made substantial investments to continue to operate free from unnecessary competition. We must bear in mind that this is a particular industry which does have the capacity to do community harm if the principles of responsible service of liquor are not maintained, and that the operators of licensed premises have the requisite commitment to honour those requirements and also to continually upgrade their premises for the benefit of the public and to maintain the levels of service that the public deserve. This measure will not interfere with any of those matters but will facilitate to some extent new entry into the market and remove unnecessary impediments. So, we will support the bill. My only question to the minister is: when is it envisaged that this bill, once passed, will be brought into operation?

The Hon. G.E. GAGO (Minister for Environment and Conservation, Minister for Mental Health and Substance Abuse, Minister Assisting the Minister for Health) (11:16): I thank members for their support of this bill, which will permit a certificate of approval to be granted upon an application satisfying the licensing authority that he or she has obtained planning consent as opposed to planning and building consent development approval. This bill will lower the cost to the applicant to obtain a certificate, as only planning consent will be required. It will also enable more expedient processing of licence applications as it will allow applicants to resolve any objections or issues with their application for a liquor licence without added time or expense. As indicated, industry is supportive of these changes and I thank members for their support and look forward to this matter being dealt with expeditiously in committee.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The Hon. R.D. LAWSON: I asked the minister in the second reading debate to indicate whether there would be any delay in the implementation or bringing into operation of these amendments and she omitted to respond. Is any delay envisaged or will these provisions be brought into operation immediately?

The Hon. G.E. GAGO: I am unable at this point to give an exact indication about when we would anticipate its introduction. I am not aware that we would be looking at any delay or that there is any impediment, but unfortunately at the moment I do not have the advice to answer that question, but I certainly give a commitment to make that information available to the member as soon as I have it.

The Hon. R.D. LAWSON: I thank the minister for that information and ask that that information be made available in writing as soon as possible.

The Hon. G.E. GAGO: I give a commitment to do that.

Clause passed.

Remaining clauses (2 to 5) and title passed.

Bill reported without amendment.

Third Reading

Bill read a third time and passed.