Changes are afoot

Opinion

3 Oct

Alcohol licensing lawyer Pervinder Kaur looks at The Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill…

On 30 June this year, Green Party MP Chloe Swarbrick’s Sale and Supply of Alcohol (Harm Minimisation) Amendment Bill (Bill) was drawn from the member’s Ballot.

What does the Bill propose?

Appeals on local alcohol policies

Under the current legislation, local authorities can develop and adopt local alcohol policy (LAP) that regulates how the sale, supply and consumption of alcohol would be undertaken within a district. It places restrictions in terms of the number of new alcohol outlets, location of such outlets, trading hours, and advertising of alcohol.

Following a draft LAP, public consultation is undertaken by Council to understand community views and preferences on the proposed LAP. Following consultation, Council then notifies a provisional LAP which is subject to appeals from anyone who made submissions on the draft LAP. The appeal process is distinct to LAPs and has been a way for the alcohol industry to provide its input against the LAP provisions.

The process to draft and adopt a LAP is long-winded and can take a lot of effort and resources. If enacted, the Bill would remove the appeals process against provisional LAP. This change in the legislation would remove the alcohol industry’s ability to provide any input against the provisions, which (in essence) would control how a licensed premises could operate within the given district.

Provisional LAPs would still be subject to the Judicial Review process.

“If enacted, the Bill would remove the appeals process against provisional local alcohol policy.”

Banning alcohol advertising and sponsorship

The Bill, if successful, would prohibit:

alcohol advertising –

during a broadcast sports activity;
in or on a sporting venue during a broadcast sports activity;

alcohol sponsorship of –

a broadcast sports activity;
the name of a sports team or a player in a broadcast sports activity;
sports merchandise, uniforms, and equipment in a broadcast sports activity;
a sporting venue;

Certain international events are exempt and the Minister would have the authority to grant exemption in respect of certain international events.

The Bill creates new offences in respect of alcohol advertising and sponsorship, with fines of up to $600,000.

The Bill also seeks to expand the criteria for licensing committees to consider when making decisions on alcohol licence applications. Section 105 criteria for issue of licences would be amended to include two additional matters around:

· the current availability of alcohol for sale and supply in the locality

· whether the issue of the licence will benefit the community and not contribute to alcohol-related harm.

In terms of the renewal of licences, a district licensing committee would be allowed to refuse to renew a licence if, in its opinion, it would be inconsistent with a LAP. Furthermore, a licensing authority or licensing committee would be allowed to impose conditions on any licence it renews to make it consistent with any relevant LAP.

Note: At the time of publishing, the Bill is before Parliament and awaiting its first reading.