News Article
Liquor Licensing Amendment Bill 2009
Thursday, October 29, 2009
Below are details of the proposed amendments to the Liquor Licensing Act 1997 principally dealing with changes to the producer’s licence that were introduced into the SA Parliament in September 2009.The amendments are consistent (in SAWIA’s view) with those matters that were agreed between the wine industry and the Office of Liquor and Gambling in 2008.There are 12 sitting days remaining in the Parliament for 2009 and it has been advised that the Bill will be brought on for debate during this period.
SAWIA will keep members advised of any developments. If you have any questions relating to the Bill or SAWIA’s notice to members please contact me at brian@winesa.asn.au
Liquor Licensing (Producers, Responsible Service and other Matters) Amendment Bill 2009
BACKGROUND
Following wide ranging discussions between the Office of Liquor and Gambling and the wine industry during 2007 and 2008 and broad consultations within SAWIA’s membership, agreement was reached regarding changes to the Producer’s Licence under the Liquor Licensing Act 1997.
In September 2009, the State Government introduced amendments into Parliament dealing with the agreed changes and also included “other matters” relating to all and other licensees that could also have an impact on the wine industry (such as the introduction of expiation fees). SAWIA welcomes the introduction of this amending legislation.
There are 12 parliamentary sitting days left in 2009. It is understood that the Government intends to debate the Bill during this period. SAWIA will advise members of any updates and developments on this Bill which is yet to become law.
CONTENTS OF BILL
1. Commissioner’s Code of Practice
This new clause allows for the publication of a Code of Practice in the Government Gazette and to apply as if it were a regulation. The contents of such a Code are therefore unknown at this time and may apply in a general or limited way. However the provision as set out in the Bill provides some indication of the matters that will be covered and these include:
§ Minimise the harmful and hazardous use of liquor, promote responsible attitudes in relation to the promotion, sale, supply and consumption of alcohol. These could be dealt with by requiring staff attending accredited training, measures prohibiting or regulating advertising of liquor or measures to prevent sale of liquor to intoxicated persons;
§ Minimise offence, annoyance, disturbance or inconvenience to people in the vicinity of licensed premises;
§ Prevention of offensive behaviour on licensed premises;
§ Protect the health, safety or welfare of minors, customers and staff;
§ Ensure public order and safety at events drawing a large crowd;
§ Promote compliance with the provision and objects of the Act.
There may be an issue related to direct and indirect costs of providing accredited training.
The Office of Liquor & Gambling has indicated that any proposed Code would be the subject of consultation before publication. (amending section 11A).
A licensee must comply with the Commissioner’s code of practice (amending section 42(1)). This mandatory provision has been made more general than the existing provision.
2. Amendment of Producer’s Licence
While maintaining the right to sell or supply a sample for consumption on the premises the proposed amendment allows for the purposes of comparison with the licensee’s product, a sample of other liquor of the same type as the licensee’s own product (subject to conditions on the licence). (amending section 39 (1)(c)).
In the case of a dining area, currently the licensee may sell the licensee’s product but the amendment will extend this to any liquor (subject to the conditions of the licence) (amending section 39(1)(d)).
The Bill allows for the sale of the licensee’s product for consumption on a part of the licensed premises subject to conditions set out in a licence. (amending section 39 (1)(e)).
The proposed amendments are subject to rules relating to the premises and refer to the production premises, production outlet and retail outlet and the location. For example, production premises and retail outlet may be separate but will need to located in the same wine region (by reference to the Geographical Indication in force under the AWBC Act). (amending section 39 (1)(1a)).
Two or more licensees may share the same premises as a retail outlet – or a production outlet for one licensee and as a retail outlet for other licensees. While no number of licensees is specified for the sharing of a retail outlet, the licensing authority has discretion not to grant a producer’s licence and instead consider a licence of some other category. (amending section 39 (1)(1b)).
Where premises are shared – it is referred to as a “collective outlet” and a joint licence will be held for that part of the premises. (amending section 39 (1)(1c)).
The Licensing Authority may endorse a producer’s licence to authorise the sale or supply of the licensee’s product on a site for an event (a producer’s event endorsement) but the production premises and the event must be in the same wine region. The Authority can consider an application for endorsement and based on the scale of the event or for any other reason grant another form of licence. (amending sections 39 (1)(1d), (1e) and (1f)). Thisis not intended to apply to large events by reference to the nature of the event and its scale.
The Licensing Authority can allow blending of wine produced from Australian primary produce when produced at the direction of the licensee but which is uniquely the licensee’s own product where the authority is satisfied that circumstances beyond the control of the licensee (such as crop loss or destroyed) warrant the licensee being authorised to produce wine during the period. (amending section 39 (2)(c)(iii) and 39(3).
3. Compliance with licence conditions
Penalties are set out as maximum and also introduce expiation fees as defined in regulations. (amending section 45).
4. Plurality of licences
Allows two of more producer’s licences may be granted for the same premises (collective outlet). (amending section 48 (d)).
5. Certain applications for a licence must be advertised
Information that is contained within a license application may contain confidential detail. The Commissioner at their absolute discretion may exclude information that is confidential from inspection. (amending section 52 and 52A).
6. Removal of licence / addition of outlets to Producer’s licence
A new section is introduced covering the removal of a licence from an existing production outlet or in respect of a retail outlet. (amending section 62A). A new section sets out the requirements for an application for adding a premise or proposed premise and in what circumstances a licence must not be granted. (amending section 62B). The authority may
refuse an application for uncompleted proposed premises but may grant a certificate of approval (for plans submitted if satisfied with planning approvals, consents, exemptions) (amending section 62C).
7. Alteration of licence conditions
Sets out the means to remove a production outlet or retail outlet from the producer’s licensed premises (amending section 68(1)(d)). The licensing authority may alter the terms of a producer’s event endorsement upon application by the holder of a producer’s licence. (amending section 69A).
8. Supervision and management of licensee’s business
The responsible person must wear identification – currently set out as a maximum penalty but also expiated for a fee of $160. (amending section 97(5)).
9. Restrictions on taking liquor from licensed premises and restriction on consumption
Subject to licence conditions, specifies that liquor cannot be taken away - penalties are set out within the section as a maximum penalty and expiation fee. (amending section 102 and 103).
10. Liquor may be brought onto and removed from licensed premises in certain cases
In conjunction with a meal a patron may currently bring liquor onto premises (with the consent of the licensee) and take the unconsumed portion of BYO liquor away from the licensed premises. This provision is amended to require the liquor to be in the container in which it was brought onto the premises. The provision is also extended to enable the unconsumed portion of bottled wine purchased on the licensed premises for consumption with a meal to be taken away. (amending section 104).
11. Liquor not to be sold or supplied to intoxicated persons
While maintaining the requirement not to sell or supply to intoxicated persons, the Bill further describes the restriction of sale or supply to noticeable impairment such as speech, balance, co-ordination or behaviour. (amending section 108(1)).
12. Copy of licence to be kept on licensed premises and notice regarding access to minors on licensed premises
Maximum penalty and expiation penalty inserted. (amending section 109(2) and 113(2)).
13. Prohibition of manufacture, sale or supply of certain liquor
Allows the Minister for Consumer Affairs to prohibit manufacture, sale or supply of certain liquor because of the name, design, or packaging or for any other reason where it is likely to have special appeal to minors (amending section 131AA).
14. Failing to leave licensed premises on request
This section is amended to include references to “person’s speech, balance, co-ordination or behaviour associated with consumption of liquor. (amending section 131A).
15. Transitional Provisions
Where a special circumstances licence authorises the licensee to sell the licensee’s product (within the meaning of section 39 producer’s licence) for consumption off the premises, the licence will lapse after 2 years unless the licensing authority (on application) converts the licence into a producer’s licence or confirms the licence may continue as a special circumstances licence. (amending schedule 1).
Members should be aware that this information is of a general nature and should not rely on the contents to make decisions at this time. Until the SA Parliament passes the legislation the information relates to intent rather than what member’s can action. The legislation may be amended during its passage through the Parliament.
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