Liquor Licensing (Miscellaneous) Amendment Bill

Second Reading

The Hon. R.I. LUCAS (Treasurer) (16:49): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation and the detailed explanation of clauses inserted in Hansard without my reading them.

Leave granted.

Mr President, today I introduce the Liquor Licensing (Miscellaneous) Amendment Bill 2019. As the Attorney-General has already outlined in the other place, the proposed amendments are largely in support of the review into the Liquor Licensing Act 1997 conducted by the Hon. Mr Tim Anderson QC in 2016, which led to the passage of the Liquor Licensing (Liquor Review) Amendment Act 2017 (the Liquor Review Act).

The Liquor Review Act has been commenced in stages, and the final stage is proposed to commence on 18 November 2019. This will principally relate to the provisions that create new licence classes and that transition the current licence classes to those new classes.

I am advised that considerable consequential work, including the drafting of regulations, is being undertaken in the Attorney-General's Department to prepare for the new licensing regime.

With one exception, it is proposed that the amendments that are the subject of this bill be passed by parliament and given royal assent prior to 18 November 2019, so that they may be commenced when the remaining provisions of the Liquor Review Act are proposed to commence.

Mr President, the majority of the proposed amendments are technical.

I understand from the Attorney-General's Office that the opposition has indicated their general support for the bill, and that consideration is currently being given to the member for Florey's proposed amendment to clause 22 that would affect direct sales licensees.

Some of the non-technical amendments to this bill relate to the time frame in which alcohol can be delivered, and amendments to the short-term licence provisions (which was done at the request of industry).

Mr President, I commend the bill to members and I table a copy of the explanation of clauses.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

3—Amendment provisions

These clauses are formal.

Part 2—Amendment of Liquor Licensing Act 1997

4—Insertion of section 7A

This clause inserts a new section 7A:

7A—Exemptions

The proposed section clarifies the power of the licensing authority to vary or revoke an exemption granted by the authority under the Act. It further provides that the licensing authority must, before varying or revoking an exemption, give notice in a manner and form determined by the licensing authority.

5—Amendment of section 11A—Codes of practice

The clause inserts a new subsection (3a) which provides that the Commissioner may include provisions in a code of practice that declare various categories of offences (which have various penalties under section 45) against a provision of the code under section 11A.

6—Amendment of section 31—Authorised trading in liquor

The clause inserts a new subsection outlining that there is to be a category of licence known as an interstate direct sales licence, to be enacted by clause 13 of the measure.

7—Amendment of section 32—General and hotel licence

Section 32(d) provides that a general and hotel licence authorises the sale of liquor by direct sales transaction if it is dispatched and delivered between the hours of 8 am and 9 pm. This clause amends the paragraph to provide that sale of liquor by direct sales transaction must only be delivered between the hours of 8 am and 10 pm.

8—Amendment of section 33—On premises licence

This clause makes a technical amendment to clarify that an on premises licence authorises the consumption of liquor by a resident on licenced premises and to a person on licensed premises for consumption on those premises.

9—Amendment of section 36—Club licence

Section 36(1)(c) provides that a club licence authorises the sale of liquor by direct sales transaction if it is despatched and delivered between the hours of 8 am and 9 pm. The clause amends the paragraph to provide that the sale of liquor by direct sales transaction is authorised if the liquor is delivered between the hours of 8 am and 10 pm.

10—Amendment of section 38—Packaged liquor sales licence

Section 38(1)(b) provides that a packaged liquor sales licence authorises the sale of liquor by direct sales transaction if it is despatched and delivered between the hours of 8 am and 9 pm. The clause amends the paragraph to provide that the sale of liquor by direct sales transaction is authorised if the liquor is delivered between the hours of 8 am and 10 pm.

11—Amendment of section 39—Liquor production and sales licence

Section 39(1)(d) provides that a liquor production and sales licence authorises the sale of liquor by direct sales transaction if it is despatched and delivered between the hours of 8 am and 9 pm. The clause amends the paragraph to provide that the sale of liquor by direct sales transaction is authorised if the liquor is delivered between the hours of 8 am and 10 pm.

12—Amendment of section 40—Short term licence

The clause amends section 40(8)(c) to provide for an ongoing or annual fee to be prescribed in respect of a short term licence granted for a term of 1 year or more.

13—Insertion of Part 2 Division 2 Subdivision 4

This clause inserts a new Subdivision:

Subdivision 4—Interstate direct sales licence

41—Interstate direct sales licence

The subdivision provides for the granting of a new category of licence, an interstate direct sales licence, to a person who holds an authorisation under the law of another State or Territory authorising the sale of liquor by direct sales transactions (a corresponding authorisation).

The section sets out the process for applying for a licence, the circumstances in which such a licence may be suspended or revoked, and that the regulations may provide that specified provisions of the Act do not apply, or apply with prescribed variations to or in relation to an application for the licence or to the holder of the licence.

14—Amendment of section 42—Mandatory conditions

Subclause (1) inserts new subsections (1b) and (1c), making provision in relation to the name of licensed premises. Names of proposed licensed premises or a change of name of existing premises must be notified to the Commissioner. A licensee must not use a name for the licensed premises that the Commissioner has prohibited by notice to the licensee within 28 days of receiving notice of the name or change of name. The amendment in subclause (2) is consequential on the enactment of clause 13 of the measure.

15—Amendment of section 43—Power of licensing authority to impose conditions

The amendments in this clause clarify the power of the licensing authority to vary, suspend or revoke a condition of a licence including a condition imposed by the Act or a rule applying under section 39(2) but not including a mandatory condition contemplated by section 42.

16—Amendment of section 45—Compliance with licence conditions

Subclause (1) inserts several new penalty provisions for offences against a code of practice, and provides for offences to be either a category A, B, C, or D offence.

Subclause (2) provides for offences of a kind prescribed by the regulations, and offences against a code of practice in the assigned categories to be expiable.

Subclause (3) provides that the Commissioner may declare, in a code of practice, whether a contravention of or failure to comply with a specified provision in the code is a category A, B, C or D offence or a category A, B, C or D expiable offence.

17—Amendment of section 50A—Annual fees

Subclause (1) amends section 50A(5b) to provide that the Commissioner may, if the Commissioner thinks fit, within a period of 60 days after service of a notice of suspension of a licence on grounds of non payment of an annual fee, revoke the licence. The section previously allowed a period until the next annual fee was due until the Commissioner was able to revoke a licence on these grounds. Subclause (2) deletes subsection (6) which provides that the annual fee regulations do not apply to short term licenses.

18—Insertion of section 50B

This clause inserts a new section:

50B—Notification of certain variations to licences

The section provides for a licensee to notify the Commissioner of the following changes to operations under the licence, and for the Commissioner to modify the conditions of the relevant licence accordingly:

reducing the number of hours during which the licensee trades in liquor (but not so as to allow the licensed premises to trade at later hours than those previously fixed in relation to the licence);

reducing the maximum capacity of the licensed premises;

no longer selling or supplying liquor under a club event endorsement, club transport endorsement or a production and sales event endorsement.

19—Amendment of section 52—Certain applications to be advertised

These amendments are consequential on other amendments in the measure.

20—Amendment of section 52A—Confidentiality of certain documents and material relevant to application

This amendment removes a requirement from the exiting provision in section 52A(1) to enable applications required to be advertised under the Act to be available to all persons, not just persons with a genuine interest.

21—Amendment of section 65A—Special provision relating to amalgamation of certain clubs

Section 65A provides that the Commissioner may cancel both licenses of amalgamating clubs and issue a new licence in the name of the single incorporated association at whose premises the amalgamated club is to carry on business. The amendments allow the Commissioner instead to cancel 1 of the licenses of the amalgamating club and issue a replacement copy of the licence in the name of the single incorporated association of the club at whose premises the association is to carry on business.

22—Amendment of section 107A—Sale of liquor through direct sales transaction

The clause inserts into section 107A(1) and (2) a maximum penalty provision of $2 500 and an expiation fee of $210.

23—Amendment of section 109—Copy of licence etc on licenced premises

The clause substitutes section 109(1) to modernise the provision in relation to having an up to date copy of the licence displayed on licensed premises, in accordance with the requirements (if any) of the regulations.

24—Amendment of section 109A—Records of liquor transactions

The amendment allows records of liquor transactions to be kept other than in the State.

25—Amendment of section 115—Evidence of age may be required

The clause inserts into section 115(1) a requirement that before a prescribed person asks a person to produce ID, the prescribed person must reasonably suspect that they are under the age of 18 years.

Schedule 1—Transitional provision

1—Annual fees

This clause provides a transitional provision consequent on the enactment of clause 17 of the measure.

Debate adjourned on motion of Hon. C.M. Scriven.

At 16:52 the council adjourned until Tuesday 24 September 2019 at 14:15.