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House of Assembly - Fifty-Third Parliament, Second Session (53-2)
2015-07-29 Daily Xml
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Late Night Trading Code of Practice

The Hon. J.R. RAU (Enfield—Deputy Premier, Attorney-General, Minister for Justice Reform, Minister for Planning, Minister for Housing and Urban Development, Minister for Industrial Relations, Minister for Child Protection Reform) (14:10): I seek leave to make a ministerial statement.

Leave granted.

The Hon. J.R. RAU: There are currently two codes of practice in force under the Liquor Licensing Act 1997. The General Code of Practice came into operation on 18 January 2013 and the Late Night Trading Code of Practice came into operation on 1 October 2013. Section 11B of the act requires a review of the operation of both codes following the first anniversary of the commencement of section 11B, being 14 November 2014. Further, section 11B requires that a report on the results of the review be provided to me as minister responsible for the act within six months following the anniversary of the commencement of section 11B, being 14 May 2015.

This review was conducted by the Internal Consultancy Services Group within the Department of the Premier and Cabinet. The purpose of the review was to assess the impacts of the codes of practice and, in particular, to assess the effectiveness of the late night code in reducing alcohol-related violence and antisocial behaviour in the Adelaide CBD. The report of the Internal Consultancy Services Group has been tabled today.

The report makes a total of 18 recommendations, all relating to the late night code. The late night code currently applies to venues that trade past 3am, requiring licensees to implement a range of measures at various times. Members may recall that legislative limitations at the time that the code was introduced meant that a number of measures could only be imposed from 4am. Thanks to amendments passed in 2013, these limitations no longer exist.

Amongst other things, the recommendations outlined in the report suggest earlier commencement times for a number of the measures, including restrictions on glassware, the use of metal detectors and the supply of beverages promoting rapid or excessive consumption of alcohol. The report also recommends retaining the late night restricted entry, or 'lockout' provision, in its current form from 3am.

The government agrees with most, but not all, of the recommendations made in this report, noting that some require further consultation and consideration. It is agreed at this stage that the 'lockout' should remain in force from 3am and apply to all venues, excluding the Adelaide Casino, as is currently the case. The government also agrees that it is appropriate to bring forward some of the measures to commence at an earlier time and that the measures contained in the late night code ought to apply to more venues, not just those trading past 3am.

A revised late night code has been drafted based on the government's response to the recommendations. The Liquor and Gambling Commissioner will undertake consultation in relation to the proposed amendments before formally publishing and introducing the revised late night code. The revised code provides for measures to apply to venues that trade past 2am (rather than the existing 3am), with some measures brought forward to commence at an earlier time (for example, the restrictions that currently apply from 4am will apply from 2am). Other recommendations in the report are either not supported due to lack of convincing evidence or are supported in principle and will be the subject of further consultation.

Subject to the outcome of the commissioner's consultation process on the revised late night code and the recommendations in the report that require further work, it is proposed to introduce the revised late night code later this year. The government also intends to undertake a comprehensive review of all liquor licensing policy and legislation in South Australia later this year to identify what improvements and efficiencies can be made. This will include broad public consultation over a number of months and will consider issues such red tape reduction, harm minimisation, impediments to live music in venues and city vibrancy. I look forward to informing the house further in relation to this work.

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