More Liquor Licensing Reforms

LG Leader March 2019

In 2016 a review of liquor licensing laws in South Australia was undertaken by retired Supreme Court Judge Tim Anderson QC. The review made 129 recommendations with the intention of creating a modern and flexible liquor licensing system that supports the hospitality industry and maintains a safe drinking culture. To implement the recommendations the South Australian Government passed the Liquor Licensing (Liquor Review) Amendment Act 2017 (“the Amendment Act”) in November 2017. Delivery of the reforms have been divided into three stages:

• Stage 1 – commenced in December 2017 focusing on protection of minors and reducing red tape;
• Stage 2 – commenced on 24 September 2018 introducing tougher penalties for breaches of the Liquor Licensing Act 1997, expanded protection for minors, further reduction of red tape and introduction of additional changes in the best interest of the community; and
• Stage 3 – to commence in 2019/2020 including revised licensing fees (commenced), transition of all current licenses to new licence categories (mid 2019) and development of a web portal.

On 14 February 2019, the Attorney-General, the Honourable Vicki Chapman, introduced the Statutes Amendment (Liquor Licensing) Bill 2019 (“the Bill”) into the House of Assembly. The Bill makes two amendments to the Amendment Act in preparation for the transition of existing liquor licenses to new license categories (as anticipated by the Amendment Act). Specifically, the Bill seeks to provide the Liquor and Gambling Commissioner (“the Commissioner”) with the power to substitute, vary or revoke conditions that have been imposed on liquor licenses where those conditions are not relevant to licensing regulations. This has come about following review of existing liquor licenses in preparation for transition to new license categories and recognition that a number of existing liquor licenses include conditions that are irrelevant or obsolete or are of a planning or environmental nature rather than specifically for liquor regulation. Examples of the types of conditions that may be removed include conditions:

• restricting the hours in which a premises can deal with glass waste;
• restricting management of waste;
• about lighting and power supply;
• requiring that doors be closed at specific times; and
• regarding outlaw bikie gangs.

The effect of the Bill, if passed, is that conditions previously imposed on a liquor licence, including those that may have been requested by a council through response to or intervention of a liquor licencing application, may be removed by the Commissioner. The Bill along with the Amendment Act also stipulates that conditions that do not specifically relate to liquor regulation will not be imposed on new liquor licenses. As such, conditions regarding the operation and function of premises will only be regulated by conditions issued in respect of a development approval for the land use, which has the potential to place a higher burden on councils from an enforcement perspective. A copy of the Bill can be accessed here.

For more information please contact us.