Amending the Liquor Licensing Act to help create jobs and reduce alcohol-related harm

The Hodgman Government is committed to building a sustainable Tasmanian economy, creating jobs and making this State a better place to live, work and invest.

The hospitality industry is very important for our State, and plays a key role in the Government’s vision for Tasmania. The Accommodation and Food Services Industry is our fifth largest employer with nearly 20,000 employees.

It is vital that we have a contemporary and fit-for-purpose Liquor Licensing Act.

An extensive and consultative review of this Act has now been completed. As part of our 365 Day Plan, we committed to bringing forward legislation before the end of September this year, and we are on track to do just that.

The package of amendments will better reflect current community needs and strikes the right balance between regulating the sale of alcohol, harm minimisation and developing the hospitality industry in the best interests of the community.

These amendments will provide a more contemporary legislative framework, which is long overdue given that the current framework was designed in the 1980s.

Some key amendments to the Act include:

• Introducing objectives into the Act, in order to help in its interpretation;
• Clarifying “best interests of the community” and other terms that are currently not defined, in order to provide greater direction to the regulatory bodies;
• Providing the Commissioner with the discretionary power to apply a “fit and proper” test to permit applicants. This power will be useful in circumstances where there is concern that the applicant is a member of a criminal organisation or where the permit is of high risk or impact to the community;
• Providing power to the Commissioner to prohibit or restrict irresponsible advertising and promotion of alcohol in venues, such as promotions that encourage high levels of consumption over short time periods;
• Allows the Commissioner to impose conditions on licences and permits. This will create a more consistent framework and will increase the capacity and flexibility to address alcohol-related issues as they arise;
• Modify shortcomings in the Act in relation to barring orders – currently the Act is limited in responding to situations where a patron continues to behave problematically (such as attempting or continuing to re-enter premises, loitering outside the premises or harassing other patrons outside the premises); and
• Amending the Act to enable Tasmania Police and licensees to issue barring orders that are for longer than 24 hours, capped at six months and to broaden the area to which a barring order can apply to include the immediate vicinity of the venue within the first six hours of the barring. Tasmania Police will be able to issue multi-venue or designated area barring orders where there is a strong public interest justification.

I look forward to introducing this Bill shortly and working to ensure that Tasmania’s hospitality and tourism sector can continue to operate and grow in a contemporary legislative framework, and to ensure that the framework for minimising harm that can arise from the misuse of alcohol is robust and effective.
Peter Gutwein, Treasurer