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Legislative Council - Fifty-Third Parliament, First Session (53-1)
2014-08-06 Daily Xml
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Parliamentary Committees

Social Development Committee: Sale and Consumption of Alcohol

The Hon. G.A. KANDELAARS (15:59): I move:

That the report of the committee, on its inquiry into 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 Fifty-Second 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 that requires management beyond free market forces, evidenced-based research continually highlights the relevance of alcohol legislation and policy in managing the use and misuse of alcohol.

A key aim of the South Australian Liquor Licensing Act is to minimise the potential harm associated with alcohol, particularly from its misuse. The issue for the government, in setting and enforcing alcohol laws, is the balance between the evidence about the negative social, health and economic costs of alcohol with the consideration of the revenue it derives, the employment of a substantial workforce both directly and indirectly employed in the alcohol industry and the tourist sector, particularly given that South Australia has a number of nationally and internationally recognised wine growing regions, 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.

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 the police who are charged with enforcing the law to have adequate information and training if they are to be conversant with the Liquor Licensing Act, regulations and codes, and they are in a position to deal effectively with problem patrons.

The committee heard that potentially there are difficulties applying the act and balancing competing needs, on the one hand, ensuring the responsible serving of alcohol and minimising the harm that may result from its misuse and, on the other hand, ensuring that the act fulfils the requirement to support the interests of the 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 offensive and 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 the 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. The 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 and how it presents a continued 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 at 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 the preventative approach and effective community education strategies are the key to changing behaviours.

Building consensus on 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 in action in Australia in the areas of tobacco use, HIV/AIDS, road injuries and childhood immunisation, as examples.

The committee heard evidence about the effects of alcohol on fetal alcohol syndrome and was interested to hear that the only safe amount of alcohol during 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 weights. 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.

Whilst the committee heard that alcohol does not cause domestic violence, it was told that it is a risk factor. Alcohol and illicit drug use contributes to the 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 incidents 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 everybody 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 causal 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 about the effects of alcohol and binge drinking and was informed that 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 rate of binge drinking among young people, between the ages of 14 and 19 years, has decreased from approximately 46 per cent in 1998 to 39 per cent in 2007, albeit still far too high.

Currently, most education campaigns focus on the 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 harm of excessive alcohol consumption and safe drinking practices need to be promoted on an ongoing basis.

The committee heard evidence about the minimum drinking age and heard the overwhelming 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 provided with the fullest possible information about the impact of alcohol can have on their brain, body and life.

Committee members endorsed evidence they heard that showed that it is critical for adults, especially parents and caregivers, to be aware of their own drinking behaviour and to 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.

The committee was told that 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 put forward 23 recommendations for consideration on the matter.

In conclusion, I take this opportunity to thank you, Mr President, for your valuable input into the inquiry. From this chamber, I also thank the Hon. Kelly Vincent and the Hon. Jing Lee, as well as the Hon. Dennis Hood, as a former member of the committee. From the other place, I thank Ms Dana Wortley, Ms Katrine Hildyard and Mr Adrian Pederick, as well as former members Ms Frances Bedford, Mr Alan Sibbons, Mr David Pisoni and the Hon. Bob Such. I also take this opportunity to thank the committee secretariat: the secretary, Ms Robyn Schutte, and the committee researcher, Ms Carmel O'Connell.

The Hon. J.S. LEE (16:12): Today, I rise, as the Liberal member on the Social Development Committee, to support the motion to note the report of the committee on its inquiry into the sale and consumption of alcohol. 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 a body of evidence-based knowledge with a view to making positive changes to deliver better outcomes for South Australia.

I believe that most of us recognise that alcohol occupies a significant place in Australian society. It is consumed by more than 80 per cent of adult Australians and in a variety of public outlets, as well as in private social settings. For many of us who attend community events throughout the year, it is obvious that alcohol consumption at social events is an integral part of Australian culture. Many people in our society see alcohol consumption as a means of socialisation, enjoyment, hospitality and celebration. It is commonly acknowledged that alcohol, when consumed in a safe and responsible manner, is a lawful as well as socially acceptable activity that can provide many community benefits.

The alcohol industry is a significant contributor to the Australian economy in terms of being major exporters and as a substantial employer, also providing revenue and supporting jobs in hospitality, tourism and regional economic activity. While we recognise that in general alcohol is consumed at a responsible level, there are instances where some people in our society have formed a bad habit of misuse, including drinking at an excessive level, where they cannot see the risk of alcohol-related injury and self-harm.

In the worst-case scenario, some of these people develop health problems over the course of their lifetime. Some of the alcohol-related harms include dysfunctional drinking, depression, serious illness and disease such as cancer, injury including car accidents, violence, crime and antisocial behaviour. The misuse of alcohol has considerable consequences that compromise the social health and wellbeing of individuals, families and communities. These problems can cost the community in economic and social terms.

The committee commenced hearing evidence on 20 May 2013 and finished hearing evidence on 4 November 2013. It has been a comprehensive inquiry period. We received 34 written submissions, heard testimony from 48 witnesses and the committee came up with a total of 23 recommendations. These 23 recommendations were placed under nine broad headings. By way of a summary, there are five recommendations under liquor licensing laws, two recommendations under availability and density of liquor outlets, one recommendation relating to advertising and alcohol promotion and one recommendation relating to the minimum age for alcohol consumption, with the minimum age to be retained at 18 years old, for those who are interested.

There are six recommendations under the heading of 'Indigenous specific'. It was certainly a very insightful trip for me when I joined most of the committee members in Coober Pedy and Ceduna to hear evidence from key individuals, including representatives from Indigenous organisations, Aboriginal elders and community members, local government, the police and concerned residents about the experiences of alcohol consumption and misuse in their local community. I found these site trips to be highly beneficial in understanding the issues and formulating recommendations for this category of the report. I know you were on the trip with us, Mr President, when we nearly did not make it back home. We had a little incident on the small plane. We dropped by about 10,000 feet and we were a bit scared but we made it safely home to be able to deliver this report.

There were two recommendations relating to public education strategies, one recommendation relating to binge drinking—and I think some of the notes were covered by the Hon. Gerry Kandelaars earlier—and one recommendation relating to foetal alcohol spectrum disorders. While it appeared to be one single line of recommendation in this particular area, I would just like to highlight that this recommendation actually calls on the South Australian government to endorse the 19 recommendations contained in another inquiry report by the federal government entitled 'FASD: the Hidden Harm—Inquiry into the prevention, diagnosis and management of Foetal Alcohol Spectrum Disorders'. Substantial work and evidence has been done by the House of Representatives' social policy and legal affairs standing committee.

The last category heading is domestic violence. There are four recommendations in this area. The committee believes that the South Australian government needs to provide continuous support and resources to address alcohol misuse with prevention strategies that target violent attitudes and behaviours towards victims, especially for children, young people and women.

In making the recommendations to this very complex inquiry, we realise that there is a need to take a balanced approach—the need to manage the negative impact of alcohol misuse and abuse in the social, health and economic context with consideration of the income derived from the sale and consumption of alcohol together with a range of benefits, including the employment of a substantial workforce and the interests of the tourism and regional development economy, given that South Australia has some of the major wine-producing regions in Australia that have international recognition.

The evidence we have heard as a committee shows that the majority of people consume alcohol in socially acceptable and moderate levels. Therefore, policies and legislation to control the negative impacts of the misuse of alcohol should not negatively impact on the responsible consumers in the community or sectors of the economy. Policy reform should be targeted at those people who misuse alcohol. Alcohol is a regulated commodity.

The inquiry by the Social Development Committee highlighted the relevance of the alcohol legislation policy to managing the use and misuse of alcohol. The Liquor Licensing Act 1997 is the major piece of legislation that regulates the sale and consumption of alcohol in South Australia. The committee recognises the difficulties associated with the application of the provisions of the act. How do we balance the responsible serving of alcohol and harm minimisation with the requirements of support and further the interests of liquor and associated industries?

It is crucial that the act is constantly being reviewed to ensure that it is responsive to the needs and aspirations of the community. The comprehensive evidence we collected demonstrated that the management and legislation in relation to the sale and consumption of alcohol will continue to present a multitude of challenges for policymakers. Therefore, it is important for all stakeholders and government to consider this evidence closely, and adopt the recommendations in this report with an open mind in the interests of the whole community, with different needs and aspirations.

Before closing my remarks, I take this opportunity to thank all the people and organisations who have made submissions and assisted the committee in the course of our deliberations. I acknowledge the Hon. Dennis Hood, who first put forward the motion for this inquiry back in April 2008. It took a few attempts to proceed with the inquiry, but we finally got there. In thanking the current presiding member, the Hon. Gerry Kandelaars, for moving the motion and making a speech today, I also acknowledge the good working relationship of the former Social Development Committee members of the 52nd parliament, namely, the Hon. Russell Wortley (the then presiding member), the Hon. Dennis Hood, the Hon. Kelly Vincent, Ms Francis Bedford, Mr David Pisoni, Mr Alan Sibbons and the Hon. Dr Bob Such in the other place.

While I know that some of the members I have named are no longer on the Social Development Committee, I place on the record that it has been a solid working committee, and I acknowledge their valuable contributions to the inquiry. The other important people I must also acknowledge are Hansard, one of whom was on the plane with us, and of course the hardworking Robyn Schutte, secretary, and Carmel O'Connell, research officer. Their tireless work and commitment to managing meetings, coordinating witness submissions and preparation of a report have been outstanding. Thank you all, and with those few remarks I commend the motion.

Debate adjourned on motion of Hon. S.G. Wade.

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