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Legislative Council - Fifty-First Parliament, Third Session (51-3)
2009-03-03 Daily Xml
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LIQUOR LICENSING

The Hon. R.P. WORTLEY (15:33): I draw attention to the fact that it has taken almost one hour to get to our second question. It is outrageous. I seek leave to make a brief explanation before asking the Minister for Consumer Affairs a question about the recent amendments to the Liquor Licensing Act 1997.

Leave granted.

The Hon. R.P. WORTLEY: Until now, only liquor licensees had the power to bar people from their premises. Some licensees have been reluctant to bar people, for fear of retribution. Particularly in a case where a licensee is trying to kick out a bikie gang member from their hotel, you can understand their fear. What changes have been made to the Liquor Licensing Act 1997 to assist police with drunk and disorderly conduct in and around licensed premises?

The Hon. G.E. GAGO (Minister for State/Local Government Relations, Minister for the Status of Women, Minister for Consumer Affairs, Minister for Government Enterprises, Minister Assisting the Minister for Transport, Infrastructure and Energy) (15:34): At midnight on Saturday night new powers came into effect that allow police to bar troublemakers from licensed premises. These new powers will assist police in being able to reduce crime and disorderly conduct in and around licensed venues. Police are now able to bar someone from one or many licensed premises for specified periods. The barring orders are flexible. The police can bar a person from all licensed venues in a particular area or from all licensed venues of a particular type.

A person can be barred from licensed premises for reasons based on criminal intelligence, welfare and also offensive and disorderly conduct. Police sergeants have the power to bar someone from licensed premises for a period of 72 hours for committing an offence or for disorderly or offensive behaviour in or around a licensed venue. Police inspectors have the power to bar someone from licensed premises for a period of three months on the first occasion of the offensive behaviour or an offence being committed, and six months for the second time. If a person commits an offence thereafter—a third time—they can be barred indefinitely.

Barring on the grounds of criminal intelligence can be issued only by the assistant commissioner or above. Police are also able to now provide information to licensees, including a person's identity, to assist the licensee in barring a person from the premises. A person who contravenes that bar can face a penalty of up to $1,250. I am advised that these new laws have already been effective. Within 12 hours of being operative, three people have been barred for three months from a hotel in Glenelg for drunk and disorderly behaviour, so it is working already.

The new amendments will also provide licensees with greater powers, and the amendments incorporate provisions to enable barred persons to seek a review of the barring order by the licensing authority in certain cases. These changes should assist the community by making licensed premises safer for everyone—not only patrons but also staff. The changes will also allow more cooperation between police and licensees. The powers will take the stress of barring away from licensees who in the past may have been reluctant to use their powers because of potential threats and intimidation. These changes will ease the burden on licensees in these situations, and the move has been welcomed by the industry.

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