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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
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Bills

Statutes Amendment (Liquor Licensing) Bill

Second Reading

Debate resumed.

Mr PEDERICK (Hammond) (17:19): I rise to make a contribution in support of the Statutes Amendment (Liquor Licensing) Bill 2019. The detail of the bill is to enable the liquor and gambling commissioner to exercise the powers under schedule 2, clause 5(2)(b) of the Liquor Licensing (Liquor Review) Amendment Act 2017 to substitute, vary or revoke any condition to which a liquor licence is subject, not only those imposed under part 3, division 2, as is currently the case. The bill also fixes a legislative commencement issue to ensure that recently passed provisions around requests of proof of age ID are active law prior to November 2019.

The Liquor Licensing (Liquor Review) Amendment Act gives effect to the recommendations of the Anderson review of the Liquor Licensing Act 1997. In particular, the Liquor Licensing (Liquor Review) Amendment Act makes provision for the new licence classes to which current licences will be transitioned in November 2019. Schedule 2 of the Liquor Licensing (Liquor Review) Amendment Act makes transitional provisions in respect of conditions attached to current licences.

As part of the body of administrative work required to transition current licence clauses to the new licence classes, Consumer and Business Services are undertaking a general tidy up of existing conditions on licences, including varying or revoking conditions where necessary. This will apply to the majority of licences to be transitioned and involves irrelevant or obsolete conditions, such as those that are essentially a planning consideration rather than a liquor regulation consideration, and ensuring conditions are expressed in consistent language.

Although the bill already contains transitional provisions permitting the liquor and gambling commissioner to substitute, vary or revoke a condition of a licence, this does not extend to all relevant conditions; therefore, the amendment will enable the liquor and gambling commissioner to exercise the powers under clause 5(2)(b) in respect of any condition in which a liquor licence is subject, not only those imposed under part 3, division 2.

Some of those types of conditions to be revoked or varied through the amendments include that the premises shall not be promoted as a bar, lounge bar, lounge, tavern, inn, hotel, beer garden, club, nightclub or karaoke bar. This type of condition is frequently imposed through conciliation by competing businesses in the area that do not want the new venue to attract their existing customers.

We have already heard from some members in this house that no garbage or refuse, including empty bottles and cans, is to be moved from inside the premises to outside storage bins between the hours of 11pm and 7am the following morning. This type of condition is usually either copied from a development approval or imposed through conciliations. It is to be removed, as it does not relate to the sale and supply of liquor and is a council matter.

The licensee shall ensure that all rubbish, including broken glass, broken beer bottles, stubbies and cans, is removed from nearby streets (adjacent and across the road from the licensed premises). This type of condition is almost always imposed as a result of conciliation with adjacent residents; however, it is to be removed as it does not relate to the sale and supply of liquor and it concerns areas outside of the licensed area—adjacent streets—and therefore cannot be enforced by the liquor and gambling commissioner.

Exit lights operating from an independent source are required above all exits, including the exit at the northern end of the foyer, adjacent to the restaurant. The abovementioned exits are all to remain open without the use of a key, while the premises are open to the public. This condition is to be removed as it does not relate to the sale and supply of liquor. Matters such as exit lights are issues dealt with by local councils in the planning stages.

Entry/exit points to smoking areas or outdoor licensed areas remain closed, except when in immediate use by patrons entering or leaving the areas. This condition is another condition to be removed on the basis that it is a condition for the purpose of reducing noise to adjacent residents. In line with Mr Anderson's comments that noise issues should be dealt with by councils, these conditions are being removed. There are other conditions regarding outlaw bikie gangs, and many different versions of this condition exist. It is proposed that the conditions be amended so that they are consistent across all locations. This will provide clarity to licensees and enforcement agencies.

The changes and conditions throughout the bill align with the recommendations of the review of Mr Tim Anderson QC. He states in his review report that he believes that conditions placed on a liquor licence should be relevant to the sale, supply and consumption of liquor. He specifically discusses conditions relating to garbage, noise and planning conditions and suggests that such matters should be dealt with by other bodies, such as the relevant planning authority or council. Notably, Mr Anderson specifically recommended that the liquor and gambling commissioner be provided with the absolute discretion to add, substitute, vary or revoke any existing conditions as a result of these reforms. The amendments will ensure that the commissioner is provided with that discretion.

Just as other members have, I want to mention all the hotels in my electorate, and I have caught up with constituents in every one of these. In Pinnaroo, we have the Pinnaroo Hotel and the Golden Grain. We have the Parilla Hotel, which opens at 4.30 in the afternoon and is a very nice stopover when you are driving through the Mallee.

There is the Lameroo Hotel, which is a community hotel. We have the Karoonda Hotel, the Riverside Hotel and Tailem Bend Hotel in Tailem Bend, the Cambrai Hotel, the Murray Bridge Hotel, the Swanport Hotel and the Bridgeport Hotel, which this year will undergo a $40 million redevelopment with 4½ star accommodation, which will be fantastic for the area, alongside a whole lot of other industrial and tourism investment, such as The Bend Motorsport Park in the region.

We have the Pretoria Hotel and the Mannum Hotel in Mannum, the Palmer Hotel, the Bridge Hotel at Langhorne Creek, the Milang Hotel and the Wellington Hotel. Obviously there are many different clubs, such as the Murray Bridge Community Club, bowling clubs and other clubs throughout my electorate.

Liquor licensing is an issue that has been dealt with for many years in different jurisdictions. We have seen that prohibition did not work when tried in the United States. People just mixed it up out the back and got the old still going. Having had a 17 year old, who will turn 18 tomorrow, which is great for a range of reasons, it is difficult in year 12 at school—

The Hon. V.A. Chapman: He can vote.

Mr PEDERICK: Yes, he can vote. That is one more. I will have to talk him into voting for me. It is interesting with students at school in year 12 because there are a lot like Mack who are 17 early in the year. He is going to the University of Adelaide now and going on 18.

Recently, in this house we changed legislation around private parties and I think that is actually a good thing because I have seen firsthand how it works, how students who are underage are checked in. There is security on the door. These private arrangements in private homes are well managed. When you have friends who are 18 and you are 17, it is a difficult issue and not easy to deal with the transition. As a family, you manage it. He has done pretty well.

I want to reflect briefly on old licensing laws. Some of the laws I grew up with included bona fide traveller, which goes against anything to do with drink-driving laws as we have now, where you had to drive a certain amount of kilometres and hopefully find someone in a hotel on a Sunday if you wanted to get some takeaway drinks. I think you had to cough up your licence with your address on it to show that you were a bona fide traveller.

Way back before then, we had the 6 o'clock swill days. In my shearing career, which happened after the 6 o'clock swill, just for the record, I was shearing with a bloke named Clem Arnold, who has since passed, and he was quite a character. He would always knock off at 5 o'clock. Shearers usually work until 5.30, but he knocked off at 5 o'clock so he could get back to the pub. He never lost that tradition—I do not blame him sometimes—to get back to the hotel, even though those licensing laws have long since changed.

On the subject of shearing, it was interesting what you were paid per head of sheep way back in the day. Once, it was about 86¢. Would you not wish that, member for MacKillop, if you only had to pay 86¢ to get a sheep shorn?

Mr McBride interjecting:

Mr PEDERICK: Yes, I do not think you would get anything shorn for that. I do not think that is even the crutching rate. You used to be able to shear them for 86¢ a head and then it progressively went up to $1.06 and numbers like that. Back in the day, that was all related directly to the price of a schooner in a hotel. It has since gone way out of whack. I think shearing is something like over $3 per head—

The Hon. V.A. Chapman: More than that.

Mr PEDERICK: —north of $3—and obviously with contract rates and value-added rates it can be quite a bit more; obviously, the price of beer is a lot more.

Legislating around alcohol is a time-honoured thing that we need to do. As I have said, prohibition has never worked, including through managing venues and functions. There was an old law that at private dances you had to be 100 yards, I think, from a venue, so often you would find that at a country dance, at somewhere like the Malinong Hall, all the ladies would be left on their own inside with the non-drinking men because the men were in a car 300 feet from the venue having a sneaky Southwark. Why you would drink a Southwark any more is another matter, but that was the beer of the day.

The Hon. D.G. Pisoni: West End is worse.

Mr PEDERICK: Yes. I know that the member for MacKillop wants to say a few words before we do more work on the bill. I would just like to support this legislation, and I think it is sensible that we are taking out things that can be dealt with in planning matters and making sure that we are actually regulating the consumption of alcohol.

Mr McBRIDE (MacKillop) (17:31): It gives me great pleasure to be able to stand in support of this statutes amendment bill to the Liquor Licensing Act. I also support and commend all those who have spoken before me, including those on the other side of the chamber. I want to be supportive of anything to do with reducing red tape for small business. I totally support the Marshall Liberal government in its intentions on coming to power, with one of its main aspirations being to look after small businesses, and the hotel industry is one of those.

In fact, I would have to say that hotel businesses deal with a product that is considered either of great benefit or use to some, but, on the other side of the equation, a product that can be of great harm and a problem for others. That in itself creates issues for the hotel industry. Coming back to what the bill is all about, I think it is about the licensing of the sale and the consumption of liquor in a responsible fashion that meets all the community's needs and looks after every individual as best we can.

Just recently, we heard in the chamber about all the benefits of hotels in our regional areas. Last night, there was an event across the road held by Lion to talk about the benefits of the local that was attended by some of the members of this house, including the members for Reynell and Ramsay, the opposition leader from Croydon, the member for Mawson and then on my own inside the deputy leader from Bragg, the member for Chaffey and the Hon. Terry Stephens. I want to quote the invitation and describe why I wanted to say something on this point. It states:

Across Australia, hotels and licensed clubs are the forum where many of us choose to meet, socialise and celebrate the big moments in our lives. International research suggests that people who have a local have larger support networks, feel more connected with their community and are more satisfied with their lives.

These changes to the Liquor Licensing Act will help make sure that more of us can participate in what I have just described are the Australian Hotels Association's aims and goals. There is nothing more nonsensical than when we bring in regulations and rules that make it harder and harder for people to go about their lives and/or businesses. The fact that we are removing some of the rules from the Liquor Licensing Act to other planning issues can only be of benefit to those who are selling the liquor itself, and putting the rules where they belong. Hopefully, everything we stand for in this chamber, as a government, makes it easier for businesses to carry out their jobs.

As has been described, I hold the seat of MacKillop and there are regional hotels all around my electorate. They not only play an important role in the social needs of my local towns and communities but they also interact with the other clubs. I know the local pub, for instance, would often support the local football club or sporting clubs right across the spectrum; that could be the tennis, and it could be the cricket as well as the football and netball clubs.

Not only that, but when those clubs had functions on, trying to fundraise for the football or netball club, those hotels would respect those clubs and not draw in crowds, not put on any musical events, not put on anything that would distract from those community clubs trying to raise funds. It is well acknowledged that the local pub and its small business operators, the small family businesses operating those pubs, are very well connected.

Going back in time, Australia has absolutely valued those local pubs. Two of the great songs of the great singer Slim Dusty were A Pub With No Beer and Three Rivers Hotel. Both those songs sing the tune of what it is to have a pub, why they are important and why we would be there.

An honourable member interjecting:

Mr McBRIDE: No, I am not going to be singing any chorus, as has been suggested here in the chamber right now, but I do enjoy listening to Three Rivers Hotel. It is a great song and I hope that it never dies out, along with all the music of Slim Dusty.

In today's day and age we see our up-and-coming youth turning into adults and using a piece of technology that disengages them from communication, and perhaps means that they are lonely and in their own little space, yet the hotels are still there as part of that connection. Long may that last, because all the social disengagement that technology is bringing to our youth, the hotels, the pubs and the like can undo that and bring them back together as part of a community.

Our regional areas around Australia are going through tough times and the hotels and pubs throughout the arid lands of Australia, most of which are suffering massive droughts, play an important role in bringing the locals together, making sure life's struggles and vagaries during this dry period can be talked about. People do not feel isolated; they are part of a community that can build for when times change, when the seasons go back in our favour and when we can all go about our normal lives again as we have been accustomed. Believe this: the dry times, the tough times, will come again, and hopefully hotels will still be there to bring our communities together in the good and the bad times.

Coming back to the point about the planning conditions, I commend Mr Anderson QC for conducting this review of liquor licensing and making it easier for the distribution of alcohol, obviously making sure that rules and regulations apply to the distribution and responsible consumption of alcohol but also understanding that hotels and that whole practice has a role to play in Australia's culture. Long may it last. I commend the bill.

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (17:38): I wish to thank all speakers who have contributed to this debate on the Statutes Amendment (Liquor Licensing) Bill 2019 and, in particular, the indication from the member for Kaurna of the support of the opposition for this bill. In a most entertaining manner, the other contributors have educated me in relation to what opportunities I have all over South Australia, wherever their electorates are, in terms of where I might get good food and wine and beverage. So thank you very much.

May I also indicate that the consultation, as has been alluded to by the member for Kaurna, was with the Australian Hotels Association, Clubs SA, the South Australian Wine Industry Association (SAWIA), Restaurant and Catering SA, and the South Australian Independent Retailers, all of whom indicated a positive reaction to the proposals in this bill. I do not think there were any other matters raised by the opposition that have not already been covered in briefings.

Obviously, though, it is important to remember that this bill tidies up the Liquor Licensing (Liquor Review) Amendment Act 2017 in respect of the commencement of some aspects of that legislation. But it also essentially transfers planning and development matters to the attention of local government, rather than having conditions on liquor licensing, and they have no direct import as to the sale and provision of alcoholic beverages. Not only is it consistent with the previous government's position on transferring noise and nuisance matters to local government but it essentially ensures that we do not have overlap.

I will say that one of the areas which has become an issue—and certainly in my electorate it has been identified as an issue that may need some attention—is the question of dealing with Airbnb properties which are used for parties which create a level of jovial conduct, which is the kindest way I can describe it, usually with large numbers and alcohol is consumed. It attracts the concerns of neighbours usually who feel that the noise level, and perhaps even littering around the property, is something that is inconsistent with the quiet occupation of their premises or street. These are matters that we will probably have to look at in due course.

There has been a comprehensive review by Mr Anderson QC, a substantial piece of legislation, rewriting a number of the rules in relation to liquor licensing and, as has been indicated, these are tidying up aspects in this legislation. Members should also be aware that there is a gambling review underway arising out of a second comprehensive report of Mr Anderson QC, one which was kept concealed by the previous government. Nevertheless, as members now know, it is one that we have read, released and acted on in last year's budget with the abolition of the IGA and the implementation of new processes, particularly in relation to gambling initiatives or harm minimisation in gambling initiatives, to bring those up to a standard that is necessary for today.

So we are continuing to work in this area. The types of things that will overlap we will certainly have to give some consideration to, including matters such as the transferability of licences and the different rules that apply, for example, in hotels between the transfer of their liquor licence and the different rules that apply for the transfer of their poker machine licences. These are the sorts of things that we need to work through to make sure that we minimise the regulatory regime which is completely counterproductive and/or unnecessary and also to strengthen areas where there are contemporary areas of weakness.

I thank members for recognising the event co-hosted by the Australian Hotels Association and Lion last night. Many members of the parliament, including from the opposition, attended this event. Reference has been made to the research work that they have undertaken. It is important to recognise the significance of what hotels and restaurants provide regarding an ambience of community connection and social inclusion.

It should not be forgotten that there is a large group in the community across the age group that includes young adults, whose only real friend is usually some electronic device attached to their hand, across to those who are in retirement and, for whatever reason, are relatively disconnected with other social activity. This research highlights being able to be in a place of connection where you walk in the door and are recognised by your name, you know the other people who are there and it is a safe environment not only for the consumption of alcoholic beverages but obviously for social interaction.

As I said last night, we appreciate the fact that they do provide a secure environment, which is part of the envelope of regulatory management that we have around the consumption and sale of liquor, whether it is who gets to sell it, who gets to consume it, where it is sold, what hours it is sold or what the conditions are that apply to it. These are all matters that are part of the regulatory model where it is accepted that the product in the wrong hands—for example, consumed by children or in excess by anyone—can be dangerous, so we have a licensing scheme that sits around it.

It is significant that the Hotels Association is signing up to a contemporary form of social behaviour so that people who connect via dating agencies online who need to have a safe place to meet are encouraged to go to places that are public, secure and provide an environment in which there can be interaction. Apparently, not all of these dating introductions come through with the full promise of the product so, unsurprisingly, some of the meetings are aborted fairly early as you find out that the picture of who you meet does not quite live up to your expectation and you want to get out of that arrangement.

The Ask for Angela campaign, which has been introduced and now signed up to by our hotels, offers a service where someone can go to the bar, speak to a staff member, indicate that they want to contact Angela, which is code to ensure that they have safe egress from the premises and can obtain a taxi or Uber, or some other source of transport, and be able to move on. This is all part of current social expectation, current social activity, and we on this side of the house recognise the importance of the Hotels Association in providing support with these contemporary introductions.

Whilst I enjoyed hearing about the local dance and the restrictions that occurred, one can go through a whole history in South Australia of hotels and public houses and their importance in providing shelter for the travelling salesman. However, we grew up in a time when there had been a history of over a hundred years of the prohibition process and restrictions. In fact, I think our great-grandmothers marched in the streets to introduce 6 o'clock closing. Obviously, time has moved on. I certainly grew up in a time when my mother would sit in the car park waiting for dad to come out.

The Hon. S.C. MULLIGHAN: Deputy Speaker, regrettably some members are being denied the munificence of the Deputy Premier's contribution. I draw your attention to the state of the house.

A quorum having been formed:

The Hon. V.A. CHAPMAN: My mother would wait in the car while my father went into the local hotel, usually to provide cheques for employment for various people who worked in his shearing contracting business. She was not allowed in the hotel because, of course, women were not allowed in the front bar of hotels. They would have a lounge system where women apparently were able to take a drink—an innocuous sherry or something—but that was about it.

I came through an era like that and then, when I was at university and early in my employment, I saw hotels that were, I have to say, in a pretty shabby state. But today, with the introduction of very significant renovations and upgrades, our hotels provide a public place of meeting that is far superior to anything we saw as we grew up. This is across the board in South Australia. They provide a valuable meeting place. They provide a place of magnificent refreshment and a safe and secure environment to consume other refreshments, including alcoholic beverages.

Congratulations to those in the hotel industry and indeed those in the restaurant trades because they, too, provide this environment for the benefit of those who seek to meet and exchange. Again, I thank members for their contribution and thank the opposition for indicating their support for the passage of the bill.

Bill read a second time.

Committee Stage

In committee.

Clause 1.

Mr PICTON: What an interesting second reading debate that was. I have four questions. If everyone is happy, we can burn through them in clause 1 and then pass all the rest.

The Hon. V.A. CHAPMAN: I am happy with that.

Mr PICTON: Excellent. The first one is per other questions to the Attorney. Can you outline which stakeholders you consulted with in the lead-up to the bill and what their position was, and can you release what you received from them?

The Hon. V.A. CHAPMAN: The list is as per my second reading contribution. Secondly, I do not have all of them here. I think that they are all publicly available, but we will check and indicate whether they are. Thirdly, they supported it.

Mr PICTON: In your second reading explanation, you outlined the range of irrelevant and obsolete licence conditions such as garbage, exit lights, etc. For each of those licence conditions, can you tell us how you believe they will be regulated and enforced after the passage of this legislation?

The Hon. V.A. CHAPMAN: I indicate that the conditions for no garbage or refuse; the removal of nearby broken glass, etc., from streets (I am paraphrasing, using these examples); exit lights; obligations for an independent power source, etc., which relate to hotels and restaurants; and the entry and exit points into smoking areas are all dealt with by councils.

In relation to the outlaw bikie gang conditions, they will remain but they will be consistent with the legislation that we have passed, simply by virtue of these amendments. They will be the same. To the best of my knowledge, contraventions are ultimately dealt with by the police, that is, if there are bikies associating, contrary to the anti-association laws.

Mr PICTON: That brings me to my next question, which is in relation to the bikie gang provisions. You obviously referenced the conditions relating to bikie gangs, and there are varying conditions across the licences. Can the Attorney outline the differences between those conditions and how you are intending to reconcile those differences?

The Hon. V.A. CHAPMAN: I am advised that the conditions are expressed differently at present, and obviously they have been introduced over a period of time. They will now be redrafted so that they are all exactly the same. As the member would be aware from legislation through this house, there are rules in relation to material that they can wear, entering a public place, and particular anti-association legislation for organisations that have been declared outlaw gangs.

Mr PICTON: To follow up, you say they are different. Can you outline the current differences between those provisions?

The Hon. V.A. CHAPMAN: I think it is best that we collect some examples and provide them to you between the houses.

Mr PICTON: Lastly, are there any other parts of the Liquor Licensing (Liquor Review) Amendment Act 2017 that are yet to commence, and when are they intended to commence?

The Hon. V.A. CHAPMAN: They are part of the reference of the principal bill, which is to be in November this year.

Clause passed.

Remaining clauses (2 to 4) and title passed.

Bill reported without amendment.

Third Reading

The Hon. V.A. CHAPMAN (Bragg—Deputy Premier, Attorney-General) (17:57): I move:

That this bill be now read a third time.

Bill read a third time and passed.

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