Liquor Legislation Amendment (Statutory Review) Act Stakeholder Forum

Transcription

1 Liquor Legislation Amendment (Statutory Review) Act 2014 Stakeholder Forum 1 December 2014

2 Welcome and overview Samantha Torres Director, Policy & Strategy

3 2013 Liquor Act review Statutory five-year statutory review NSW Government released its response on 6 August 2014 Supported most of the review s 91 recommendations Identified 3 stages of government action to: reduce costs and red tape improve access for stakeholders promote efficient and transparent decision making improve effectiveness of regulatory tools

4 2013 Liquor Act review 1 st stage of reforms ARV measures introduced in February nd stage of reforms Liquor Legislation Amendment (Statutory Review) Act rd stage of reforms Co-ordinated planning and liquor licensing model Development of tiered industry training framework OLGR website redevelopment

5 Liquor Legislation Amendment (Statutory Review) Act 2014 Implements commitments from the NSW Government response to the 2013 Liquor Act review Passed by NSW Parliament on 12 November 2014 Provisions to be commenced in three stages: 1 December December March 2015

6 Liquor Legislation Amendment (Statutory Review) Act 2014 Additional reforms Expands the grounds on which long term banning orders can be issued by the Independent Liquor and Gaming Authority Allows the Minister to approve exemptions from the ID scanning requirements in Kings Cross Introduces a new multi-occasion extended trading authorisation for venues in regional areas

7 Today s speakers Ross McCulloch, Principal Policy Officer Harm minimisation Michael Mara, Senior Policy Officer Increased efficiency Transparency and accountability Sean Goodchild, Manager, Investigations Enhanced compliance approach

8 Harm minimisation Ross McCulloch Principal Policy Officer

9 Escalating penalty regime Section 130A-E of the Liquor Act 2007 Sale of liquor to minor on licensed premises (section 117(1) of the Liquor Act) Does not include offence of supplying liquor to a minor on licensed premises (section 117(2)) Will operate in tandem with Three Strikes disciplinary scheme Offence occurs upon conviction, payment of penalty notice or issuing of enforcement order by the State Debt Recovery Office No review mechanism available

10 Escalating penalty regime First offence Licensee will be invited to make a submission by the Secretary of NSW Trade & Investment as to why the licence should not be suspended for up to 28 days Secretary may consider the licensee s compliance history under the underage liquor supply provisions of the Act in determining whether to suspend the licence

11 Escalating penalty regime Second offence Outside 28 days of first offence, but within 12 months Licence is automatically suspended for 28 days Third offence Outside 28 days of second offence, but within 12 months Automatic cancellation of licence, and Licensee disqualified for 12 months

12 Revocation of RSA competency Clause 39A of the Liquor Regulation 2008 New powers apply across the state where RSA obligations are contravened e.g. sell/supply liquor to minor or intoxicated person Independent Liquor and Gaming Authority may: suspend or revoke a person s RSA competency for specified period disqualify a person from holding any RSA competency for up to 12 months A person may apply to the NSW Civil and Administrative Tribunal for a review of the Authority s decision

13 Responsible supervision test Section 117(4)-(5A) of the Liquor Act 2007 Applies to parents or guardians who choose to supply liquor to their children in a private setting Offence applies unless the supply is consistent with the responsible supervision of the child In determining whether the supply is consistent with responsible supervision, regard can be given to: the child s age and whether food is being consumed whether the person supplying the liquor is intoxicated whether that person is responsibly supervising the child s consumption the quantity and type of liquor supplied period of time over which it is supplied

14 Responsible supervision test Section 117(4)-(5A) of the Liquor Act 2007 The Act makes it clear that the supply of liquor to a minor who is intoxicated is not, in any circumstances consistent with the responsible supervision of a child

15 Guidelines - intoxication Section 73 of the Liquor Act 2007 To be issued by the Secretary, NSW Trade & Investment Will complement existing guidelines that help determine intoxication Will provide guidance on steps licensees should take to reduce the risk of intoxication on their premises An offence will apply unless steps have been taken before regulatory intervention Will assist in determining whether intoxication has been permitted Commences 1 March 2015

16 Re-enter or remain in vicinity Section 77 of the Liquor Act 2007 Existing offence currently applies where a person is removed or refused entry for being: intoxicated, violent, quarrelsome or disorderly Will now apply where a person is removed or refused entry for any reason under the Act, including: smoking in a smoke-free area possession or use of any illicit substance Persons must not re-enter or attempt to re-enter the premises for 24 hours Persons must not remain in vicinity of the premises for 6 hours

17 Long-term banning orders Sections 116AE & 116G of the Liquor Act 2007 Applies to prescribed precincts (ie. Sydney CBD and Kings Cross) Expands the grounds on which long-term banning orders can be issued by the Independent Liquor and Gaming Authority Includes where person (including a licensee/manager or staff member) is charged with, or found guilty of, a serious indictable offence involving violence while either the offender or the victim were affected by alcohol. Includes a violent offence that is committed: in any public place on licensed premises on premises where the activities of a criminal group are carried out

18 Violent venues scheme Schedule 4 of the Liquor Act 2007 Special licence conditions are currently imposed on violent venues from midnight till close Conditions can now be imposed from 10pm by Secretary, NSW Trade & Investment Secretary must be satisfied that alcohol-related violence is occurring during that period leading up to midnight Can be imposed on specified days of the week e.g. Thursday, Friday & Saturday nights

19 Primary service authorisations Section 24(3A) of Liquor Act Amendments clarify the intent of the existing law Does not change fundamental requirements that apply to on-premises licences (incl. restaurants) Non-liquor product or service (such a meals in a restaurant) must be available at all times while PSA operates If the provision of meals is ceased, a venue can continue to sell/supply liquor to patrons who have consumed a meal during evening OLGR will consult with stakeholders on an appropriate wind down period

20 Multi-occasion extended trading Section 49B of Liquor Act A non-metropolitan venue can trade up till 3am on up to 12 occasions over a 12 month period Application fee of $1,000 plus annual fee of $1,000 Community impact statement not required if late trading already authorised Category A CIS required in other instances Six weeks notification of extended trading for a function or occasion must be provided to the local police, local council and Secretary, NSW Trade & Investment Most registered clubs can revert to unrestricted trading hours at a later date Application can now be made

21 Increasing efficiency Michael Mara Senior Policy Officer

22 Exemption for fundraising events Section 6(5) of the Liquor Act 2007 Non-profit organisations will be exempt for up to 6 functions a year if: no disciplinary action within previous six months no serious liquor law breaches within previous six months are not subject to an order that precludes them from holding a licence or utilising the exemption Limited to a single bar and 250 people Maximum of 4 (continuous) hours between 6am-midnight

23 Exemption for fundraising events Section 6(5) of the Liquor Act 2007 Fundamental RSA requirements apply: Any person sell/supply must possess RSA competency Liquor must not be sold/supplied to a minor or intoxicated person Food (meals or prepared food) and free water must be available Where minors are present, bar area must be supervised by adult committee member who is not intoxicated Non compliance can result in $1,100 penalty notice or court fines of up to $11,000 and/or 12 months imprisonment

24 Exemption for fundraising events Section 6(5) of the Liquor Act days notice must be provided to: Local police Local council Secretary, NSW Trade & Investment Secretary can declare that an organisation is ineligible to utilise the exemption Secretary can also give directions relating to the conduct of an event

25 Multi-function limited licences Section 36(4) of the Liquor Act 2007 Existing process requires application for functions to be lodged with the Independent Liquor & Gaming Authority 28 days before a function New streamlined process will require 14 days notice to the local police

26 Flexibility for brewers and distillers Section 33 of the Liquor Act 2007 Extends the producer/wholesaler framework that currently applies to wine producers to licensed brewers and distillers Sell/supply their liquor products at: a producer s market or fair industry liquor show that is held by an industry association Obtain a drink on-premises authorisation to sell liquor for consumption at their venue in various settings A producer s market or fair will require a minimum a 10 stall holder and must be promoted as a producer s market or fair

27 Alternate licence transfer process Section 60A of the Liquor Act 2007 New streamlined liquor licence transfer process where: same type of licence held within the last three years no strike offence has been committed during that period licence has not been suspended or cancelled, or licensee disqualified the business owner remains unchanged Payment of reduced fee: $350 in the case of a hotel licence or a packaged liquor licence, $50 for a limited licence or a former community liquor licence, $200 for any other type of licence

28 Transparency & accountability Michael Mara Senior Policy Officer

29 New objects for GALA Act Section 2A of the Gaming and Liquor Administration Act 2007 The new objects of the Act are to: a) ensure the probity of public officials who are engaged in the administration of the gaming and liquor legislation b) ensure that the Authority is accessible and responsive to the needs of all persons and bodies who deal with the Authority c) promote fair and transparent decision-making under the gaming and liquor legislation d) require matters under the gaming and liquor legislation to be dealt with and decided in an informal and expeditious manner e) promote public confidence in the Authority s decision-making and in the conduct of its members.

30 Publication of regulatory decisions Section 36C of the Gaming and Liquor Administration Act 2007 Notice of a regulatory decision must be published as soon as practicable after a decision is made Decisions by the Authority will be published on its website Decisions by the Secretary, NSW Trade & Investment will be published on OLGR s website Notice is to include: a statement of reasons for the decision, and any penalty or sanction imposed, or remedial action taken, in relation to the decision.

31 List of decisions to be published Clause 6 of the Gaming and Liquor Administration Regulation 2008 Grant of a licence, authorisation or approval where a category B community impact statement is required. Strikes imposed by the Secretary or the Authority Review of Secretary s decision by the Authority Disturbance complaint by the Secretary Short or long-term closure by the Authority Disciplinary action by the Authority

32 Enhanced compliance approach Sean Goodchild Manager, Investigations

33 Risk-based approach A risk based approach to enforcement involves identifying the patterns or risks of non-compliance, emphasising risk assessment in allocating resources, and developing an organisational culture that allows the regulator to develop creative, tailor made solutions to identified problems to procure compliance, while recognising the need to retain enforcement as the ultimate threat

34 Risk-based approach Key reforms Escalating penalty regime for selling liquor to a minor Exemption for non-profit organisations from having to obtain a liquor licence for up to six fundraising functions a year Primary purpose restaurants with primary service authorisation Guidelines on steps licensees should take to reduce the risk of intoxication on their premises

35 Panel Q & A

36 Thank You Further information -