ACT - A Total Rewrite of the Liquor Licensing Laws

Attorney General of the ACT Simon Corbell has publicised his intentions of a total rewrite of the ACT’s liquor licensing laws. The focus will revolve around the improvement of public safety within the entertainment precincts of Canberra.

The new laws include making it an offence to:

• Supply alcohol to an intoxicated person by patrons and employees on licensed premises;
• Abusing, threatening or intimidating an employee for refusing service of alcohol; and,
• Offering alcohol promotions which encourage rapid consumption of alcohol.

Key elements of the reform package include:

• Risk based licensing fees based on opening hours with premises trading past midnight until 2am or 4 am to pay a higher level of fees commensurate with the risks they pose to public safety;
• Dedicated ACT Policing liquor licensing teams and other regulatory activities funded from the new fee structure;
• The provision for lockouts at licensed premises if required in the future;
• The introduction of mandatory responsible service of alcohol training for all staff and security guards;
• A requirement on licensees to provide, contribute towards, or otherwise identify transport options for patrons to get home safely after early morning trading;
• New police powers including the power to impose an emergency 24 hour suspension of trade on the spot;
• Public notification of liquor licensing applications with provision for members of the community to comment on prospective liquor licences;
• New powers for the Commissioner for Fair Trading to impose and vary conditions on a licence at any time to protect the interests of the community; and
• New powers for the Commissioner for Fair Trading to refuse a licence application if it is not in the interests of the broader community, aimed at preventing the over representation of licensed premises in a single location.

The Government will release an exposure draft of the new Liquor Act early next year for public comment. The proposed amendments will then be considered by the Legislative Assembly in mid 2010.