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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2008-03-04 Daily Xml
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LIQUOR LICENSING (POWER TO BAR) AMENDMENT BILL

Introduction and First Reading

The Hon. J.M. RANKINE (Wright—Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Volunteers, Minister for Consumer Affairs, Minister Assisting in Early Childhood Development) (11:03): Obtained leave and introduced a bill for an act to amend the Liquor Licensing Act 1997. Read a first time.

Second Reading

The Hon. J.M. RANKINE (Wright—Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Volunteers, Minister for Consumer Affairs, Minister Assisting in Early Childhood Development) (11:04): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

Under section 125 of the Liquor Licensing Act 1997, a licensee or a responsible person for licensed premises can bar a person from the premises for any of the following reasons:

the person behaves in an offensive or disorderly manner;

the person commits an offence;

the licensee or responsible person believes that the welfare of the person or the person's family is seriously at risk as a result of the consumption of alcohol by the person;

any other reasonable ground.

The power to bar is a protective order for the person concerned, another person with whom the person resides and other patrons and staff.

However, following recent incidents involving outlaw motorcycle gangs and licensed premises (such as the shootings at Tonic nightclub), it has become apparent that there is a need to amend the Liquor Licensing Act 1997 (the Act) to grant the Commissioner of Police the power to bar persons from licensed premises. Licensees have expressed concerns that, in certain circumstances, they are reluctant to issue barring orders, particularly if the patrons concerned are members of outlaw motorcycle gangs or the like; they are, understandably, too frightened and intimidated to do so.

In other situations, police are frustrated by undesirable patrons being present on licensed premises in circumstances where, while no offence has been detected, police nevertheless hold concerns as to the safety and welfare of persons resorting to those licensed premises.

Thus, it is proposed that section 125 of the Act be amended to enable the Commissioner of Police to make an order to bar persons from licensed premises in the public interest or on any other reasonable ground for an indefinite period or a specified period. Such orders are subject to review by the Liquor and Gambling Commissioner.

Criminal Intelligence

Section 28A of the Act provides that police may rely on criminal intelligence when lodging objections to applications or in disciplinary matters. In such cases, the objection or application need only state that it would be contrary to the public interest if the person were to be or to continue to be licensed or approved.

As a result of the amendment to provide the Commissioner of Police with the power to bar persons under section 125, it is necessary to amend section 28A to provide that the Commissioner of Police may rely on criminal intelligence to do so. Again, the barring order by the Commissioner of Police need only state that it would be contrary to the public interest if the person were not so barred.

Provision of identification information

It is proposed to further amend section 125 to enable police to provide information (including information that may identify a person) to licensees for the purposes of the licensee barring the person under subsection (1) of that section.

It is an offence under section 125 for a licensee, a responsible person for licensed premises or an employee of the licensee to allow a person barred from the premises to enter or remain in the premises. It is proposed to amend section 125 to allow police to provide licensees with information (including photos where available) which may identify persons who have been barred from premises so that licensees will not inadvertently contravene the section.

Extension of barring period

When barring a person for welfare reasons under section 125(1)(aa), an order may be for an indefinite period or for any period the licensee or responsible person sees fit. In all other cases the following applies:

a person may be barred for no more than 3 months for a first offence;

a person may be barred for no more than 6 months for a second offence; and

a person who has committed third and subsequent offences may be barred indefinitely or for any period at the discretion of the licensee.

In the case of barring for an indefinite period or for longer than 6 months, the order will lapse if information regarding the barring is not provided to the Commissioner within 7 days of the order being made. The Commissioner may review an order if for more than 1 month, and may confirm, vary or revoke the order. For an order for a period of longer than 6 months or for an indefinite period, the Commissioner may vary the order until further order.

Licensees have expressed their concern that circumstances have arisen where serious incidents (including assaults, drug related offending or property damage) justify a period of barring in excess of that currently permitted under section 125(5) of the Act.

It is proposed to amend section 125 of the Act to empower a licensee to apply to the Liquor and Gambling Commissioner to bar a person for a period exceeding 3 and 6 months for first and second barrings respectively, in which case the Commissioner's decision will be reviewable by the Licensing Court.

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—Amendment of section 28A—Criminal intelligence

Section 28A relates to information relating to actual or suspected criminal activity, the disclosure of which could reasonably be expected to prejudice criminal investigations, or to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement (criminal intelligence). It is proposed to substitute subsection (1) so as to clarify that information that is classified by the Commissioner of Police as criminal intelligence for the purposes of the principal Act may not be disclosed to any person other than the Liquor and Gambling Commissioner, the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure.

An additional subsection is proposed that relates to the amendments to section 125 proposed by this measure. The new subsection provides that if the Commissioner of Police, by order, bars a person from licensed premises because of information that is classified by the Commissioner of Police as criminal intelligence, the order need only state that it would be contrary to the public interest if the person were not so barred.

5—Amendment of section 125—Power to bar

The first amendment proposed to this section allows the Commissioner of Police to provide a licensee with information about a person for the purposes of subsection (1) of that section.

Other amendments proposed provide that the Commissioner of Police may, by order, bar a person from entering or remaining on—

specified licensed premises; or

licensed premises of a specified class; or

licensed premises of a specified class within a specified area; or

all licensed premises within a specified area.

The Commissioner of Police may make such order on the ground that it is in the public interest to do so (based on criminal intelligence) or on any other reasonable ground. Such an order may bar the person for an indefinite period or a specified period and may be revoked by subsequent order of the Commissioner of Police.

It is also proposed to amend subsection (5) of this section to allow a person to be barred for such period as may be approved by the Liquor and Gambling Commissioner that exceeds the period specified in subparagraph (i) or (ii) of subsection (5)(b).

6—Amendment of section 128—Review of orders by Commissioner or Court

The proposed amendment to this section provides that if an order is made under section 125(5)(b)(i) or (ii) barring a person from premises for a period approved by the Liquor and Gambling Commissioner, any application for review of the order must be made to the Licensing Court.

Debate adjourned on motion of Ms Chapman.

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