Liquor Act Review

The Liquor Act 2010 (Act) and Liquor Regulation 2010, which took effect on 1 December 2010, replaced the Liquor Act 1975 and the Liquor Regulation 1975.

The Act responded to growing concerns within the community and the liquor industry about the anti-social and violent behaviour associated with abuse of alcohol. There were also ongoing concerns about the impact of alcohol consumption on the health and well-being of Canberra’s population.

A new focus in the Act addresses harm minimisation and community safety, and this changes the landscape for decision-making under the legislation. There is clear guidance to the regulator, licensees and the community about the purpose and objectives of the new laws to reduce the overall level of harm caused by the use of alcohol.

The new Act included 7 major areas of reform:

1. The introduction of new harm minimisation and community safety principles;
2. New regulatory powers for the Commissioner for Fair Trading;
3. Strengthening the integrity of liquor licences, including the requirement for licensees to disclose details of close associates or influential people in the business;
4. A new liquor licensing framework with five (5) classes of licences and 2 classes of permits – and in particular:
   1.  the introduction of risk-assessment management plans (RAMPs) and
   2. mandatory industry training for the responsible service of alcohol.
5. Stronger protection for children and young people;
6. New police powers and offences; and
7. A new liquor licensing fee structure.

The ACT Government committed to review the operation of the Act 2 years after it commenced. The review will gather and analyse evidence-based data to enable the Government to assess the efficacy of the reforms and their impact within the community; in particular, the impact they have had on the incidence of alcohol-related violence in the community.

After the introduction of the legislation, the Legislative Assembly Standing Committee on Justice and Community Safety conducted an inquiry into liquor fees and subordinate legislation in 2012.

The ACT Government committed to examine the following specific matters, identified in the Standing Committee’s report, as part of the 2 year review:

1. The impact of any changes in the social or cultural behaviour of liquor consumers as a result of the reforms – particularly the roles of preloading and drug use in alcohol-related incidents;
2. The significance of RAMPs;
3. The impact of the liquor reforms on the liquor industry for both large and small on and off licensed vendors;
4. The determination of a business’s predominant activity in setting licence fees; and
5. The potential for compliance history to be a determinant of liquor fees.

Adapted excerpt from: Justice and Community Safety Directorate (2013) Provision of a two (2) year review of the ACT liquor laws and licensing fees. Request for tender No. 22126.110. ACT Government

Following a tender process, ACIL Allen Consulting has been appointed the consultant for the review process.

The Review consultant will be required to conduct a review that will assess the impact the new liquor laws and licensing fees have had within the ACT community both in terms of alcohol related violence and public health outcomes.

In assessing the impact of the new laws, the consultant will be required to give consideration to matters including:

• The impact of the new laws on the incidence of alcohol-related violence
• Whether the inclusion of harm minimisation principles in the Act has had any impact on alcohol related violence, including the significance of RAMPs in assisting the regulator to assess applications for liquor licences against the harm minimization and community safety principles
• The impact of the legislative reforms on community health and/or wellbeing;
• The implications of the practice of pre-loading, where some people consume alcohol purchased from premises holding an off-licence or general licence, before moving to on-licensed venues already intoxicated
• The impact, on administration of the Act and the incidence of alcohol related violence, of:
  • Public consultation on applications about new or amended liquor licences
  • The establishment of the Liquor Advisory Board
  • Compulsory responsible service of alcohol training.
• The impact on the sustainability of the liquor market in using a licensee’s compliance history as a risk factor for determining liquor licensing fees, or as an incentive for complying with the law (refer section 229(2)(b)(vi) of the Act)
• The impact of the use of the definition of predominant activity for subclasses of on-licences in Division 2.2 of the Act, including on the payment of licensing fees.

Adapted excerpt from: Justice and Community Safety Directorate (2013) Provision of a two (2) year review of the ACT liquor laws and licensing fees. Request for tender No. 22126.110. ACT Government

Data Analysis

As part of the review, the Review consultant will be required to analyse and compare alcohol-related statistical data held by a range of ACT Government agencies including:

• ACT Policing
• Office of Regulatory Services (ORS)
• ACT Civil & Administrative Tribunal (ACTCAT
• ACT Ambulance Service
• Health Directorate/ACT hospitals

As part of the review, the Consultant will be required to examine any trends emerging from available data since the new laws commenced. This will include an examination of any relevant data that may be available from the period prior to the commencement of the new legislation.

The Consultant will:

Utilise ACT liquor market information (with assistance from the ORS and Legislation, Policy and Programs, within the Justice and Community Safety Directorate)

Analyse information, relevant to the impact of the legislative changes, from the ORS on:

• Its inspectorate, compliance and enforcement activities
• Commissioner for Fair Trading initiated changes of licence
• Complaints and occupational disciplinary activities

Analyse information, relevant to the impact of the legislative changes, from ACT Health on:

• Alcohol-related hospital emergency department presentations;
• Alcohol-related hospital admissions; and
• Alcohol-related health problems
• Analyse information, relevant to the impact of the legislative changes, from the ACT Ambulance Service on:
  • Ambulance attendances for alcohol intoxication at:
    • Licensed premises
    • Public places
    • Streets, car parks or roads
    • Private residences
  • Ambulance attendances involving alcohol intoxication for under 18year olds
  • Ambulance attendances involving alcohol intoxication and associated with road traffic accidents
  • Ambulance attendances involving alcohol-related deaths
  • The times at which the relevant ambulance attendances occurred
  • The places at which the relevant ambulance attendances occurred

Analyse information, relevant to the impact of the legislative changes, from ACT Policing on:

• Alcohol-related incidents at licensed premises
• Alcohol-related incidents in public places
• People taken into protective custody
• Alcohol-related arrests
• Alcohol-related assaults
• Alcohol-related infringement notices for offences issued during the 2 year review period
• Analyse any available information from ACT Policing on the incidence of pre-loading
• Analyse information, relevant to the impact of the legislative changes, from ACTCAT on the number and nature of occupational discipline applications in relation to a licensee or permit holder made by the Commissioner for Fair Trading to the Tribunal.

In addition, the Consultant will consider any available information from alcohol and drug treatment services about the impact of the liquor legislation reforms.

Adapted excerpt from: Justice and Community Safety Directorate (2013) Provision of a two (2) year review of the ACT liquor laws and licensing fees. Request for tender No. 22126.110. ACT Government

The review consultant will be consulting with key stakeholders, principally through ACT Government agency representatives and external peak representative entities.

Key internal stakeholders include:

• ORS
• ACT Policing
• ACT Health/ACT hospitals
• ACT Ambulance Service
• ACAT

Key external stakeholders include:

• Liquor Advisory Board
• Australian Hotels Association
• ClubsACT
• Master Grocers Australia
• Canberra Business Council
• Foundation for Alcohol, Research and Education (FARE)
• ACT Alcohol, Tobacco and Other Drug Strategy Evaluation Group
• ACT Alcohol, Tobacco and Other Drug Strategy Evaluation Group
• Public Health Association of Australia (ACT)
• NSW ACT Alcohol Policy Alliance (NAAPA)

Are the ACT liquor laws working? (ABC News, 31 January 2013)

Civic needs more police, chiefs warned (Canberra Times, 14 September 2013)