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House of Assembly - Fifty-Third Parliament, First Session (53-1)
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Social Development Committee: Sale And Consumption of Alcohol

Ms WORTLEY (Torrens) (11:08): I move:

That the 36th report of the committee, entitled the Sale and Consumption of Alcohol, be noted.

The committee has completed its year-long inquiry into the sale and consumption of alcohol in South Australia. Eighty-two individuals and groups gave evidence about the adequacy and appropriateness of the Liquor Licensing Act, how it is enforced and whether changes should be introduced to deal with problem drinking and criminal behaviour.

During the second session of the 52nd parliament the committee tabled an interim report on its findings. There is an ongoing debate about alcohol laws and practices in the community. As a substance requiring management beyond free market forces, evidence-based research continually highlights the relevance of alcohol legislation and policy in managing the use and misuse of alcohol. The key aim of the South Australian Liquor Licensing Act is to minimise potential harms associated with alcohol, particularly from its misuse.

The issue for government in setting and enforcing alcohol laws is to balance the available evidence about the negative, social, health and economic cost of alcohol misuse with considerations of: the revenues that it derives; the employment of a substantial workforce, both directly and indirectly employed in the alcohol industry and the tourism sector, particularly given that South Australia has a number of nationally and internationally recognised winegrowing regions; the interests and aspirations of people who consume alcohol responsibly; those who misuse alcohol; and supporting the commercial interests of the alcohol industry.

The committee heard that the act is sometimes interpreted as being complex to understand and to enforce. It is imperative then for licensees, their staff and police who are charged with enforcing the law to have adequate information and training. If they are conversant with the Liquor Licensing Act, regulations and codes, they are in a position to effectively deal with problem patrons.

The committee heard that there are potential difficulties in applying the act and balancing competing needs; on the one hand, ensuring the responsible serving of alcohol and minimising harms that may result from its misuse and, on the other hand, ensuring that the act fulfils the requirement to support the interests of liquor and associated industries.

The Attorney-General announced a review of the act in 2009 to find measures to promote the responsible serving of alcohol and to address alcohol-related crime and antisocial behaviour. As a result, a number of sections of the act were amended; a new offence was created for extensive or disorderly behaviour, including offensive language; police powers were increased; and a range of penalties were increased and, in many, cases doubled. Selling liquor to an intoxicated person or a minor now attracts a maximum penalty of $20,000 and $40,000 for a second or subsequent offence.

The committee heard that a general code of practice was introduced in January 2013 to assist licensed venues to minimise risks, such as ensuring that minors are not served alcohol and managing intoxicated and disorderly behaviour. It has increased accountability as licensees now need to have a management plan in place to address risks.

The committee was informed that a late night trading code of practice was introduced in October 2013 to restrict alcohol-related incidences of serious violence and antisocial behaviour. It applies to 20 to 25 licensed premises that remain open after 3am. New measures include the use of metal detectors, high-definition CCTV, drink marshals, as well as an early morning ban on glassware and happy hours.

The committee was told that, by April 2014, SA Police had reported a 25 per cent drop in crime and a 30 per cent drop in alcohol-related hospital admissions, whilst the committee heard evidence of the harms caused when people misuse alcohol, how it presents a continuing challenge for government, the police, the alcohol industry and the wider South Australian community.

The issue for government is whether measures to counteract the negative effects of alcohol should be introduced across the general population or primarily be targeted to those persons who misuse it. The committee heard that there is a lack of consensus in the community about this issue. What it did hear is that preventative approaches and effective community education strategies are the key to changing behaviours.

Building consensus on such a complex and, at times, contentious public health issue is predicated on building a robust evidence base and governments working in partnership with key agencies, individuals and the community in general. In recent times, we have seen positive results of this action in Australia in the area of tobacco use, HIV AIDS, road injuries and childhood immunisation.

The committee heard evidence about the effects of alcohol in foetal alcohol syndrome, and it was interested to hear that the only safe amount during a pregnancy is no alcohol. Drinking alcohol during pregnancy has been associated with a range of adverse outcomes, including miscarriage, premature birth, stillbirth and low birth rate. An unborn child exposed to alcohol in utero is at risk of developing a range of abnormalities. The more a woman drinks during pregnancy the higher the risk to the unborn child. However, it does not appear to be a linear relationship as not all children exposed to high levels of alcohol in utero will be affected or affected to the same degree. The committee was interested to hear that the precautionary approach is to recommend that women abstain from alcohol when planning a pregnancy and during pregnancy.

While the committee heard that alcohol does not cause domestic violence, it was told that it is a risk factor. Alcohol and illicit drug use contribute to unpredictability in perpetrator behaviour and can increase the risk of violence. Information provided to the committee showed that alcohol is a factor in 50 per cent of all partner violence and 73 per cent of physical partner assaults. Two-thirds of domestic violence incidence involving alcohol resulted in the victim sustaining injuries that were more serious and numerous, in comparison to victims of non-alcohol related domestic violence. Of course, not everyone who drinks becomes violent towards their partner. Men who are violent and controlling to their partners when drinking have been shown to be violent when they are sober. Alcohol is more commonly seen as a casual factor, rather than a cause, of abusive behaviour.

The committee heard that there is a need for more research to investigate and understand the association between alcohol misuse and domestic violence. The committee heard evidence about the effects of alcohol and binge drinking and was informed binge drinking is the practice of drinking too much alcohol on a single occasion with the primary intention of becoming intoxicated. A binge drinking episode can occur over a number of hours, several days or even weeks.

The committee heard from numerous witnesses that this practice is now considered to be a major public health issue and a behaviour of concern that can potentially affect all age groups. Committee members were pleased to hear that the range of binge drinking among young people between 14 and 19 years of age had decreased from approximately 46 per cent in 1998 to 39 per cent in 2007.

Currently, most education campaigns focus on short-term consequences such as drink-driving, violence or the embarrassing effects of excessive alcohol. Education campaigns that inform the community about the short and long-term harms of excessive alcohol consumption and safe drinking practices need to be promoted an ongoing basis.

The committee heard evidence about the minimum drinking age and overwhelmingly heard the view that it should be left at 18 years of age. The committee heard evidence that young people should be encouraged to limit their drinking and should be provided with the fullest possible information about the impact alcohol can have on their developing brain, body and life. Committee members endorsed evidence they heard that showed it is crucial for adults, especially parents and caregivers, to be aware of their own drinking behaviour and present the best possible role models for the young people in their lives.

The committee heard varying evidence about studies conducted at the national level into the economic cost of alcohol, depending on the methodology employed. It was told the misuse of alcohol represents a substantial economic burden to the South Australian community. In addition to the harmful impacts on individuals, families and the community through injury, illness, disease and death, substantial costs are incurred as a result of reduced work productivity and cost to the criminal justice system.

The committee has now completed its substantial inquiry and has put forward 23 recommendations for consideration on the matter. In conclusion, I would like to take this opportunity to thank, from the other place, the presiding member, the Hon. Gerry Kandelaars, as well as the former presiding member, the Hon. Russell Wortley. I would also like to thank the Hon. Kelly Vincent and the Hon. Jing Lee, as well as the Hon. Dennis Hood, a former member of the committee.

From this chamber, I would like to thank Ms Katrine Hildyard and Mr Adrian Pederick, as well as former members of the committee, Ms Frances Bedford, Mr Alan Sibbons, Mr David Pisoni and the Hon. Dr Bob Such. I would also like to thank the committee secretariat: the secretary, Ms Robyn Schutte, and committee researcher, Ms Carmel O'Connell.

Mr PEDERICK (Hammond) (11:18): I rise today to address the 36th report of the Social Development Committee, entitled the Sale and Consumption of Alcohol, and note that most of this work, in fact pretty well all the inquiry work, was done by the previous committee from the previous parliament. It was my privilege as part of the Social Development Committee with the new members to finalise the report for the parliament. I just want to note the terms of reference that were put down for this inquiry. They state:

That the Social Development Committee inquire into and report on the adequacy and appropriateness of laws and practices relating to the sale and consumption of alcohol and in particular, with respect to—

Whether those laws and practices need to be modified to better deal with criminal and other antisocial behaviour arising from the consumption of alcohol;

Strategies that could and should be used to reduce, and deal with, offending arising from the consumption of alcohol;

The health risks of excessive consumption of alcohol including—

(a) binge drinking; and

(b) fetal alcohol syndrome;

The economic cost to South Australia in dealing with the consequences of alcohol abuse;

The influence of alcohol abuse in domestic violence;

The appropriateness of the current legal age for consumption of alcohol;

Any other relevant matters.

It is to be noted that on 24 September 2012 the committee further resolved in a motion of the Hon. Dr Bob Such MP that the terms of reference include an additional term that strategies could and should be used to reduce and deal with offending arising from the consumption of alcohol.

With regard to the executive summary the committee has noted that alcohol occupies a significant place in Australian society. It is consumed by more than 80 per cent of adult Australians in a variety of public and private social situations. Alcohol consumption at social events is an integral part of the Australian culture for many people as a means of socialisation, enjoyment, hospitality and celebration. In some religious denominations it is consumed in ecclesiastical rituals.

Alcohol is a pleasurable part of the lives of many South Australians and when consumed in a responsible manner alcohol is a lawful, socially-acceptable activity that can provide social benefits. The committee heard some interesting submissions, and I quote from the submission given by the Salvation Army:

The consumption of alcohol, when undertaken in a safe and responsible way, can be a pleasurable social activity for many South Australians. We, the Salvation Army, also recognise the hospitality industry, and tourism in general, contribute much to the South Australian economy. However, our work and programs have led us to understand that effective regulation and legislation in this area is necessary, based on clear evidence of the scale and extent of human and societal costs of alcohol misuse…The Salvation Army…supports policy and practices that clearly promote the responsible use of alcohol and minimise the harm resulting from harmful alcohol use, particularly in relation to those most marginalised in society.

A submission also provided to the committee from the South Australian Network of Drug and Alcohol Services (SANDAS) referred to recent announcements in South Australia concerning the sale and distribution of alcohol and the need for adequate legislative instruments to ensure the minimisation of harm. I quote from that submission:

There have been several recent announcements about changing the sale and distribution framework for alcohol, with the desired outcome to influence behaviour, minimise harm and impact on the way our living environment is perceived. These have included new venue types, changes to trading hours and the possibility of selling wine in supermarkets. An accumulation of such events in the alcohol marketplace without a wide ranging examination of the current administrative law governing alcohol, runs the risk of weaker regulation and difficulty in meeting the full intent of state and federal policy of harm minimisation.

The committee also heard that in general alcohol is consumed in a responsible manner and at moderate levels. However, there are instances of people consuming alcohol at levels that increase their risk of alcohol-related injury and developing health problems over the course of their lifetime.

The committee also heard evidence that revealed alcohol-related harm such as dysfunctional drinking, disease, injury violence, antisocial behaviour and family and relationship breakdown is costing the community in both economic and social terms. DrinkWise made a submission to the inquiry talking about the:

…significant ongoing public debate in Australia and other similar countries about the extent to which laws and practices that govern the sale and consumption of alcohol contribute to the burden of problem drinking and its distribution in the community and, to the extent they do contribute, how should they be changed, if at all, and how might those changes be implemented effectively…These on-going debates reflect the reality that there is a lack of consensus both within the health community as well as the broader general public.

Building consensus on complex, contentious public health issues is achievable over time if stakeholders invest in building a robust evidence-base, the best available evidence is made accessible and an inclusive process of discussion and debate is resourced and supported by government working in partnership with other interested parties. We have seen this in action in Australia over tobacco use, HIV/AIDS, road injuries and childhood immunisation for example.

The issue for governments in setting alcohol policy through regulation and public policy mechanisms is to balance the available evidence, the interests and aspirations of people who consume alcohol responsibly with those who misuse alcohol, as well as supporting the commercial interests of the alcohol industry and recognising the benefits to the community in terms of tourism, employment and revenue. The alcohol industry is a significant contributor to the South Australian economy in terms of revenue, as a substantial employer providing a major export item, as well as the role it plays in tourism and regional economic activity.

It was the intention of the Social Development Committee to investigate and seek advice on the effectiveness of laws and practices that govern the sale and consumption of alcohol and, in doing so, reflect the body of evidence-based knowledge to effect positive change where necessary. Whilst the committee heard a substantial amount of evidence about the harm that results from the misuse of alcohol and how it presents a continuing challenge for policymakers, the alcohol industry, the police who are charged with keeping law and order and protecting public safety, and the wider South Australian community, the issue for government is whether measures to counteract the negative effects of alcohol should be introduced across the general population or primarily targeted at those persons who misuse it.

The committee also heard from numerous witnesses that preventative approaches and effective community education strategies are key to addressing the negative impacts of alcohol consumption in the community and in changing behaviours. I note that the submission from the Sammy D Foundation stated:

Consistent, long-term, age-appropriate education campaigns, which are evidence-based and focus on prevention and awareness of the impacts of alcohol consumption, should run hand-in-hand with tougher enforcement and other harm minimisation strategies. These campaigns should tap into social media for wide reach.

In the course of the inquiry, a number of key issues were consistently raised, in submissions received and in oral evidence presented, to target the misuse of alcohol and to effectively respond to health issues, criminal and antisocial behaviour as a consequence of alcohol consumption. They are outlined below and discussed in greater detail in the report:

alcohol related harm and harm minimisation strategies;

categories of liquor licences and density of outlets;

trading hours;

liquor licensing accords;

alcohol pricing;

advertising, marketing and promotion;

alcohol sales volume data;

community education and social media strategies; and

enforcement of existing legislation.

While there are social and economic benefits associated with the sale and consumption of alcohol, there are also a range of potential serious, substantial, long and short-term harms.

The committee was presented with a vast range of evidence, and I thank the previous committee for all their work in regard to this inquiry. I understand some of the members went to Newcastle to look at trading hours, and I really do commend the previous members of the Social Development Committee for all their input into trying to get the right outcome in regard to the sale and distribution of alcohol. I commend all current members of the Social Development Committee for the work they have done in finally presenting this report to the parliament.

Mr GARDNER (Morialta) (11:28): I am pleased to speak on the motion and commend those who have spoken already, particularly the member for Hammond; I think he summarised the situation extremely well. In his contribution, I was particularly drawn to the submission he cited by the Salvation Army, which is available to those reading the Hansard or indeed reading the reports to consider. It does in fact identify—and I think the Salvation Army has credibility in presenting this—the particular nexus that we as policymakers and those looking at the area have to consider between the benefits in terms of jobs, in terms of production and in terms of social interaction that alcohol makes a contribution to.

I think of Martin Luther as a Lutheran, and he had some particularly interesting things to say about alcohol being something that relaxed people in social interaction, made it easier for people to be friends and so had significant benefits. The story goes that he had a still in his basement and brewed his own beer. Alcohol certainly has some positive interactions with the community, but the Salvation Army in its submission identifies the negative ones.

This report was useful. In setting it up, the parliament had the support across parties. I think it was inadequate in one significant sense, and what might have been one of the most significant matters is how we change the culture of alcohol use in Australia so that our culture uses alcohol in a healthy way and not one that is focused on binge drinking, violence and the other negative effects of substance misuse.

I had a quick look through the report to refresh my memory from when I saw it originally: it does not look at secondary supply issues, it does not look at the teen drinking culture, which has such a profound effect on the long-term drinking culture and behaviours in the Australian community. I would say that this is urgent.

For those who are new members, last year there was discussion and debate in the parliament on a bill I introduced to deal with the secondary supply of alcohol, which is when adults give alcohol to minors. The government, after initially rejecting it under former minister Hill, last year, under the current health minister, it identified that, while it was not willing to come and support my bill immediately, it was happy for it to be referred to a committee.

I think it was nearly the end of the sitting year when a form of words was suggested that this committee, the report we are looking at now, would consider issues to do with secondary supply and the provision of alcohol to children by adults, but unfortunately due to the vagaries of private members' time in this house that never got to the point of debate, so this committee clearly did not look at this question, and I think that it will need to. I foreshadow that I will look at bringing something back to the parliament in the coming months that might facilitate such consideration, but I will do my colleagues the favour of having a chat to them about it first.

The point I make is that the member for Torrens, in introducing this motion to note the report, spoke at length about things like the late night code, the focus on pubs and clubs, and the interactions that those selling alcohol have with those immediately consuming it. She spoke about how fines for selling liquor to a minor have been increased to $20,000 or $40,000 for a second offence. I would submit that, in the long term, this is not where the nexus of the problem exists because it is not in the interest of pubs and clubs to have negative behaviour on their premises. It is not to their benefit. While it happens, in my experience pubs and clubs are grateful for the assistance of the authorities in removing those who do behave in such a way, and training occurs. Certainly it is not perfect, but in my experience certainly the publicans in Morialta are responsible corporate citizens, and the overwhelming majority of publicans and hoteliers are, and I think everyone who has experience in their electorates would largely agree with that.

However, at the same time, the issue we have is that currently it is lawful: there is nothing to prevent in South Australia an adult giving alcohol to a child. There may be a $20,000 fine for selling alcohol to a child, but giving alcohol to a 11 or 12 year old is perfectly fine as long as it is done in private premises, whether or not the child's parents have any idea that it is going on, let alone give their permission. That is completely fine.

It is unusual that that is the case in South Australia because South Australia and Western Australia are the only states in which that is the case. New South Wales, Queensland, Tasmania, Victoria and the territories have undertaken law reform in the last 10 years so that secondary supply of alcohol is illegal unless the parents consent. Those who have been here for at least a term would have heard me speak at length on this on a number of occasions. It is a concern because there are significant issues with teens and young people drinking, which are in excess of those when adults drink, due to the development of the brain and the specific opportunity for alcohol to interrupt brain development.

One of the later things that develop in the teenage brain is that aspect that deals with risk-taking behaviours. Risk-taking behaviours are far more likely in a teenage brain and far more likely still in an intoxicated teenage brain. Those risky behaviours can cause short-term health problems and long-term health problems. The longer term health problems involve developmental disorder, long-term brain function problems, potential for alcoholism and, eventually, relationship breakdowns and suicide. These are attached to drinking early, and the statistics bear this out.

What I think is critical to understand is that in Australia we have a very high number of young people drinking not just before the age of 18 but before the age of 15 and before the age of 12. The Australian Institute of Health and Welfare's national household survey of drug and alcohol misuse, for example, finds shocking statistics. I think we learned last year that something like three students in the average year 6 class are now given the opportunity to drink on a monthly basis. I am sure that when we further debate this those detailed statistics, rather than numbers called from memory, might be at hand.

How we deal with the culture of children being introduced to alcohol is significant. This report does deal to some extent with issues related to education, which is part of the culture. It is not just a matter of using the big stick of the law. I note that recommendation 17 states:

The Committee recommends that:

Education programs be developed specifically to inform people about the short term and long term impacts of binge drinking, pre loading and the consumption of alcohol with other substances;

The Minister for Education and Child Development consider the appropriateness of implementing appropriately targeted, alcohol education programs in the primary school curriculum. These would complement programs already available to secondary school students; and

Educational material be developed that promotes prevention, awareness, harm minimisation and the responsible use of alcohol through digital platforms such as the internet, social media and smartphones.

That is important because of some of the materials that the government has at the moment. I invite any member interested to look at the instructions for parents on how to host a teen party that are available on government websites, giving parents hints and tips on how to go out and buy alcohol for the kids and the kids who are being brought to the party. Clearly, some work needs to be done because those materials are utterly inappropriate at the moment. There is a sincere gap in this area, so I am glad that recommendation 17 is there. I think it will be positive, and I hope that the government will take it seriously by developing those new materials and increasing their availability.

I also direct them to give consideration to the way that education campaigns are run in the community. The best alcohol education campaign I have seen run in this country was one run by DrinkWise which identified the way that drinking culture is passed from parents to children. That is something that needs to be addressed because to change long-term culture we have to deal with the children and encourage them to understand that alcohol misuse is not okay, and that also involves a conversation with the parents. I commend the motion to the house.

Ms BEDFORD (Florey) (11:38): As one of the original members of the Social Development Committee at the time we took up this reference, I would like to reassure the member for Morialta that all the things he has talked about were taken in evidence. I am not sure why the final report does not highlight every single aspect of binge drinking and drinking by young people, but there was quite a bit in the speech the member for Torrens has just given. There was quite a lot of evidence, and the committee definitely took all those things into account—secondary supply, the teenage culture, the use of technology in finding out where parties and drinks are available; all those sorts of things were definitely covered.

I can assure you it is something that was very close to the heart of both Dennis Hood and myself from the very beginning of our time on the Social Development Committee four years ago. I would also like to acknowledge Bob Such and his work during the entire time of the reference. Bob, as we all know, is very thorough in everything he looks into, and his contribution to the reference was enormous. I would also like to put on record my thanks to our research officer, who did such a—

The SPEAKER: The member for Fisher.

Ms BEDFORD: I called him what?

An honourable member interjecting:

Ms BEDFORD: I called him Bob. The member for Fisher—you are quite right. I was just being very careful not to call him 'the member for Such' or 'Bob'. In any case, his work was very important to the committee and he had a great deal to contribute to the reference. I would also like to thank the committee for finalising the report, and I do regret that I was not part of the committee at that stage.

Mr PENGILLY (Finniss) (11:40): I will make a brief contribution. I support the motion and congratulate the committee on their work. My concern is that, probably in 100 years' time, whoever is here on whatever the committee is called then will be discussing the same thing. The issue of alcohol and its consumption and sale is highly topical. The young people of today, along with all age groups, have alcohol sales and consumption rammed down their throats regularly, whether it be on television or in the newspapers or magazines, or on the internet or whatever. So, it is not going to go away.

I have great concern. My wife and I have three adult children. We went through the first stages of alcohol consumption with each of them, when they all got fairly untidy at different stages and learnt some fairly valuable lessons, which I might add their father had done at the same age as well. However, in my view, it is this parliament's role through that committee to have a look at these things and to work out where we are going.

We have debated in this chamber on more than one occasion issues to do with alcohol consumption and licensing hours, and of course the hotel industry and bar industry are big employers and a big part of the economy of South Australia. In my contribution I would only point out that I think the issues to do with alcohol are large, but the issues to do with drugs—particularly methamphetamines, ice and everything else that is going around at the moment—are possibly, to some extent, larger than alcohol, particularly in terms of long-term outcomes. I am not sure because I do not have the figures on that, so I cannot hypothesise on it.

I am dreadfully concerned over what happens with the consumption of both, but just lately I have had evidence given to me on what is going on with the sale and use of ice (particularly methamphetamines) in my electorate, and it frightens the daylights out of me. What particularly worries me is that younger girls—and boys but, from what I hear, it is particularly young girls as young as 12 or 13—are using these drugs to lose weight. I think that, with the combination of being given the opportunity to imbibe in alcohol—highly illegally, I might add, as it is with the drugs—is a cause for great concern. The potential outcome for the state of South Australia, and indeed the rest of Australia and probably the world, in terms of the long-term effect is frightening.

I congratulate the committee on its work. The member for Fisher has been mentioned and, along with everyone else, we wish his return to health, but he is a passionate advocate when he gets his teeth into things like this and he does not hold back. When he returns, we look forward to his contribution. With those few words, I support the motion.

Motion carried.

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