INSPECTOR JOHN WARD Southern Districts Support Services Tasmania Police Report
As many of you would no doubt be aware, during 2015 numerous amendments were enacted within the Licensing Act 1990 (the Act). The subsequent amendments place a greater emphasis on what is in the ‘best interest of the community’. The Act now states: (1) The object of this Act is to regulate the sale, supply, promotion and consumption of liquor so as to – (a) minimise harm arising from the misuse of liquor by – (i) ensuring that the supply of liquor is carried out in a way that is in the best interests of the community and does not, as far as practicable, detract from public amenity; and (ii) restricting undesirable liquor promotion and advertising and the supply of certain liquor products; and (iii) encouraging a culture of responsible consumption of liquor; and (b) facilitate the responsible development of the liquor and hospitality industries in a way that is consistent with the best interests of the community.
(2) It is the obligation of any person on whom a function is imposed or a power is conferred under this Act to perform the function or exercise the power in such a manner as to further the object set out in subsection (1). These considerations include the behaviour of patrons not only within any licensed venue, but also outside or near your venue. This has increased the responsibility of the Licensee to include the behaviour of all patrons associated with their venue. While this was formerly an obligation placed upon a Licensee, it is now an offence which attracts a fine of $780. Section 46C of the Liquor Licensing Act 1990 states: A licensee or permit holder must ensure that the sale and consumption of liquor on the licensed premises or the permit premises does not – (a) cause undue annoyance or disturbance to – (i) people living or working in the neighbourhood of the premises; or (ii) customers or clients of any business in the neighbourhood of the premises; or (iii) people conducting or attending religious services or attending a school in the neighbourhood of the premises; or (iv) people lawfully on the premises; or (b) cause the occurrence of disorderly conduct – (i) in the premises; or (ii) in the neighbourhood of the premises. Many of you may be reading this thinking that it is an insurmountable task to control the behaviour of each and every patron in, or near your venue. It should be noted, Tasmania Police are not intent on enforcing this legislation in every instance of antisocial behaviour at a venue. It is recognised that many Licensees and their staff do their utmost to ensure that problems do not occur. However, where police are regularly attending establishments or seeing consistent reports of such behaviour, Licensees may be held accountable. This will be further compounded if it is found to be as a result of negligence on the part of the licensee, i.e. insufficient security at venues, responsible service of alcohol issues etc. I recognise that the vast majority of licensees are already cognisant of their responsibilities however, for those who may not be fully aware, I would encourage you and your staff to read and understand your responsibilities under the Act to ensure you are not found wanting should issues arise. If you have any further questions, please contact Southern Licensing Services on 6173 2758, or email Southern. Licensing@police.tas.gov.au
February 2017
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