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House of Assembly - Fifty-First Parliament, Third Session (51-3)
2009-09-09 Daily Xml
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Ministerial Statement

ALCOHOL CONSUMPTION

The Hon. M.D. RANN (Ramsay—Premier, Minister for Economic Development, Minister for Social Inclusion, Minister for the Arts, Minister for Sustainability and Climate Change) (14:00): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.D. RANN: This government will move to introduce legislation which promotes responsible service and consumption of alcohol and cuts red tape for business. Our proposed changes to South Australia's liquor licensing laws reflect the importance this government places on both these principles.

In South Australia, it is currently an offence to serve an intoxicated person under the act. In the past, some bar staff have had difficulty determining whether someone requesting alcohol may be drunk. Changes to the law will make it easier for licensees and their staff by clarifying intoxication for the first time in South Australian law, making it consistent with legislation already in force in Victoria, New South Wales, Western Australia and the ACT.

The proposed change will make it an offence to sell or supply liquor on licensed premises to a person who is intoxicated or in circumstances where the person's speech, balance, coordination or behaviour is noticeably impaired and it is reasonable to believe that the impairment is the result of the consumption of liquor. This will allow licensees and their staff to be more proactive in refusing to sell or supply liquor to drunk people and to better monitor their premises.

Fact sheets will be developed to aid staff training in identifying the difference between intoxication and impairment resulting from disability or a medical condition. Other changes will create an additional power to remove or refuse entry to people who supply liquor to an intoxicated person, or who are about to. Furthermore, liquor licensing amendments will ensure that licensees providing entertainment do so only in the hours set out in the liquor licence.

Currently in South Australia, restaurant patrons are only able to take home unfinished BYO wine. Under the new changes, patrons will be able to take home unfinished wine purchased at the restaurant. People have known of this dilemma for years. People have complained that they have to buy wine by the glass. They cannot buy the wine they actually want, because they do not want to consume a whole bottle on the premises. This responsible change will avoid people consuming a whole bottle in order to avoid waste and will further promote responsible alcohol consumption and safety on our roads.

In these economic times, South Australia's many producers will also benefit from the proposed change. The government's common-sense improvements to producers' licences will allow South Australia's many boutique wineries to better cater for visitors' needs while potentially saving up to $4.2 million in red tape reduction and valuable time absorbed by the preparation of additional licence applications.

Regional wine producers will be able to form a collective cellar door or operate from a second premises under their existing licence. Regional producers will also be allowed to serve at regional farmers markets or other localised events, such as regional festivals, without having to pay for additional licences.

Currently, producers are limited to selling or supplying their own product to consumers. Under the proposed changes, producers will be allowed to sell beer with a meal, thus providing a complete dining experience without the requirement to hold both a producer's licence and an additional licence to sell other types of liquor.

It will also enable them to provide samples of all types of wine during comparative tastings. This initiative will encourage further educational and innovative experiences to be developed at the cellar door and greatly benefit our tourism industry and regional economies.

Producers will also be able to seek exemption from requirements that blended wine contain a 'substantial proportion' of their product. This change will be of enormous help to producers who have suffered crop failure due to drought.

There has been debate recently regarding the dangers of the consumption of alcohol by children. In order to further support this government's commitment to the health and wellbeing of our children, it is intended to provide ministerial power to prohibit the manufacture, sale or supply of undesirable liquor products likely to appeal to minors, such as alcoholic milk drinks or alcoholic iceblocks.

It is also intended to broaden the scope of the code of practice to allow a code to deal with any matter designed to promote compliance with the provisions and objects of the Act, including: requiring staff to undertake specified accredited training; prohibiting advertising that is likely to result in the liquor having a special appeal to minors; regulating schemes for the promotion of liquor on licensed premises; preventing offensive behaviour on licensed premises, including offensive behaviour by persons providing entertainment; designing measures to minimise offence and disturbance to residents and protect the safety, health or welfare of minors, customers and staff; and ensuring public order and safety at events attended by large crowds. In order to further support our police and the courts, expiation notices will only be issued for offences that are clear cut; for example, the responsible person not wearing appropriate identification.

These proposed changes seek to reduce the cost and risk associated with regulation and support a number of this government's visions for this state in South Australia's Strategic Plan, including economic growth, competitive business climate, enhancing exports and tourism, aiding health by reducing the incidence of consumption of alcohol by intoxicated people, and reducing alcohol-related crime.

Most importantly, what is being done today benefits regional wine producers and also introduces a greater and larger measure of commonsense into liquor licensing in this state.

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