Bills

Statutes Amendment (Liquor Licensing) Bill

Second Reading

Adjourned debate on second reading.

(Continued from 21 March 2019.)

The Hon. K.J. MAHER (Leader of the Opposition) (16:00): I rise today to speak to the Statutes Amendment (Liquor Licensing) Bill and to indicate that Labor will support this legislation. The amendments are largely technical in nature and I understand have the support of stakeholder groups, including the Australian Hotels Association (SA Branch).

The bill makes amendments to the Liquor Licensing (Liquor Review) Amendment Act and the Statutes Amendment (Attorney-General's Portfolio) Act. The amendments to the Liquor Licensing Act update the powers granted to the commissioner to add, vary, substitute or revoke conditions attached to the licence of a premises.

The Treasurer listed a number of licence conditions that are no longer relevant in his second reading explanation. I do not propose to go through them in detail again. The amendments to the Statutes Amendment (Attorney-General's Portfolio) Act 2018 resolve issues in relation to proof of age provisions. I am advised that the bill commences the provisions which allow a licensee of a licensed premises, a responsible person or a security agent to request proof of age information.

I understand that the Liquor Licensing (Liquor Review) Amendment Act 2017 would otherwise cause these provisions to commence much later this year, which means in the meantime only a licensee would be able to request proof of age information. With those very few words, I indicate Labor's support for the bill.

The Hon. R.I. LUCAS (Treasurer) (16:01): I thank the Hon. Mr Maher for his support for the bill.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

The CHAIR: You can speak generally at clause 1, the Hon. Mr Pangallo, or I can put some of the clauses and you can speak to an individual one.

The Hon. F. PANGALLO: I only have one question in relation to rubbish removal, but I can wait until we come to that section. It is about ensuring all rubbish and broken glass be removed.

The CHAIR: Given it is a small bill, I do not think the Treasurer minds taking a question at clause 1.

The Hon. R.I. LUCAS: Just ask the question.

The Hon. F. PANGALLO: This is the removal. I quite agree with what has been put forward and we support it, of course:

…the licensee shall ensure all rubbish, including broken glass, broken beer bottles/stubbies/cans are removed from the nearby streets adjacent/across the road from the licensed premises;

My question is: would this also apply or why does it not apply to outdoor events, for instance, that are staged?

The Hon. R.I. LUCAS: My advice is that what is being proposed and what we are about to support in this particular bill is, in essence, removing requirements that are currently unenforceable; that is, a requirement in the Liquor Licensing Act that says the publican shall be responsible for cleaning up broken glass in nearby streets. Whilst it is there, it is currently unenforceable because the licensing commissioner does not have the authority to do so.

What is being proposed here is that these sorts of unenforceable conditions will be removed from liquor licensing provisions, because they are unenforceable, but there will be a general licensing requirement, including the liquor licence, which will say that the publican will have to comply with all local government by-laws and other by-laws and regulations.

There are other bodies, other than the actual liquor licence, in relation to cleaning up rubbish in streets and things like that, which will essentially be local government by-laws, as I understand it. The liquor licensing licence will say, 'Hey, you have to comply with all other relevant local government by-laws or restrictions, etc.,' and there might be other regulatory authorities that would relate to it as well.

The advice, and what is in this particular bill, is that there is no enforceable power for the liquor licensing commissioner to enforce somebody from a hotel to go out into neighbouring streets to clear up broken bottles and rubbish because he has no authority beyond the premises. Therefore, the question the member is raising about events would be similar. The liquor licensing commissioner does not have authority for surrounding areas in relation to a particular event as well.

The issue of cleaning up will obviously remain an issue for local government and other regulatory bodies. It might still be an issue, depending on how it is drafted, in that the hotel might still have responsibilities but they will be under local government by-laws. It will not be as a specific condition of the Liquor Licensing Act and a specific condition that purports to allow the liquor licensing commissioner to have the authority to enforce something which, on our advice, is unenforceable at the moment.

Clause passed.

Remaining clauses (2 to 4) and title passed.

Bill reported without amendment.

Third Reading

The Hon. R.I. LUCAS (Treasurer) (16:10): I move:

That this bill be now read a third time.

Bill read a third time and passed.