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Legislative Council - Fifty-Second Parliament, Second Session (52-2)
2012-06-27 Daily Xml
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LIQUOR LICENSING

The Hon. A. BRESSINGTON (14:41): I seek leave to make a brief explanation before asking the minister, representing the Attorney-General, questions about the Office of the Liquor and Gambling Commissioner's regulation of licensed venues for noise restrictions.

Leave granted.

The Hon. A. BRESSINGTON: Recently a constituent contacted my office to complain about the noise emanating from a nearby licensed venue, particularly from an upstairs balcony when the door was left open. Knowing that such complaints are the responsibility of the Office of the Liquor and Gambling Commissioner (now Consumer and Business Services), my office contacted reception to inquire after the appropriate process for making such a complaint. We were informed that an email to the office would suffice to have the licensed venue added to the task force list for random inspection. However, in reply to this email, my office was informed that:

...this agency, does not have the ability, equipment or expertise to measure noise and therefore a conciliation of the complaint is the only process available to [your constituent].

Despite Consumer and Business Services having responsibility for such complaints and many licensed venues having a noise restriction of eight decibels above ambient noise, the licensing authority does not have the equipment, let alone the expertise required, to monitor or enforce the licence conditions that it imposes. Unless constituents are willing to pay the significant fees involved in hiring a suitably qualified expert, their only option is to engage in conciliation with the licensed venue. Being in a weakened position, given they cannot demonstrate the noise emanating from the premises, this is very unreasonable.

In pursuing this further, my office contacted the Environment Protection Authority who reportedly had previously assisted the Office of the Liquor and Gambling Commissioner with measuring noise levels in licensed venues. We soon learnt, however, that this had been an informal arrangement and had ceased when the particular employee with the relevant expertise had moved on. The Environment Protection Authority indicated that it would be willing to recommence this practice if it was approached by the commissioner. My questions to the minister representing the Attorney-General are:

1. Was the Attorney-General aware that Consumer and Business Services does not have the ability, equipment or expertise to measure noise?

2. Does the Attorney-General agree that the ability to test licensed venues' noise levels is fundamental to the responsibility of Consumer and Business Services?

3. Is this service yet another casualty of this Labor's government budgetary ineptitude?

4. Will the Attorney-General approach the Minister for Sustainability, Environment and Conservation and attempt to re-establish the assistance previously provided by the EPA so that future complaints can be appropriately investigated?

5. Will the Attorney-General ensure that the public servant who brought this matter to my attention does not experience any reprisals for doing so?

The Hon. G.E. GAGO (Minister for Agriculture, Food and Fisheries, Minister for Forests, Minister for Regional Development, Minister for Tourism, Minister for the Status of Women) (14:45): I thank the honourable member for her questions and will refer those to the Attorney-General from another place and bring back a response.

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