"Red Tape Reduction Proposals for Liquor and Gaming"

Introduction

The National Council of Women of Queensland Inc (NCWQ) is affiliated with the National Council of Women of Australia Inc and the International Council of Women. The International Council of Women has consultative status (Category 1) with the United Nations Economic and Social Council. The NCWQ is the umbrella organisation for 132 affiliated women’s organisations and associates in Queensland. Eminent members of the NCWQ include Justice Margaret White AO, Dr Mary Mahoney AO and Mrs JennetteLavis OAM.

Since its inception in 1905, NCWQ has been an authoritative voice on issues relating tofamily welfare. We represent the perspective of a broad cross-section of the community.

The NCWQ supports the Government’s commitment to cutting red tape and regulationthat unnecessarily adds to business costs and reduces profitability and productivity. However, we wish to see this occurring in a manner which serves the needs of the entire community and which does not contravene the stated purposes of the Liquor Act:

  • to regulate the liquor industry in a way that minimises harm or potential harm caused by alcohol abuse, misuse, and associated violence and minimises any adverse effects on public health, safety or community amenity
  • to regulate optimum development of tourism, liquor and hospitality industries having regard to welfare, needs and interests of the community;

We accept that 70% of alcohol consumption takes place outside licensed premises, so it is only feasible to focus on the areas that can be managed. We do contend that more can be done to minimise negative impacts of alcohol use or abuse on individuals and the community without placing an unnecessary regulatory burden on the liquor industry. We are gravely concerned that scarce resources in the emergency sector are being diverted to deal with a growing incidence of alcohol fuelled violence and related injuries. The incidence of these injuries can be reduced by better management. According to Dr Anthony LynhamBDSc, BMed (Hons), FRACDS (OMS), FRCS Ed, Oraland Maxillofacial surgeon at the Royal Brisbane Hospital:

  • $1.4 billion is spent on assault annually in Australia
  • 3451 people are hospitalised throughout Queensland; in some cases injuries are so severe that facial bones are no longer attached to the skull
  • annually 812 people receive emergency treatment for head and brain injuries at Royal Brisbane Hospital
  • 394 of these result from assaults (47 female)
  • 223 require major surgery
  • 75% are alcohol related
  • 30% increase over one year
  • operatingtheatresarebeingutilisedwhichcouldbeusedforother essential operations.

Section 1.2 of the National Preventative Health Strategy, Technical Paper 3 Preventing Alcohol-related harm in Australia: a window of opportunity, states that in Australia alcohol consumption accounts for 3.2% of the burden of disease and injury. As well as negative impacts on community health and well-being, harmful alcohol consumption has far reaching and costly social and economic impacts which include loss of workplace productivity; increased demands on medical and paramedical services; the number of road accidents; and the costs of law enforcement, property damage and insurance administration. Every Queensland citizen bears the enormous preventable, or at least manageable, social and economic burden. Within the discussion paper, "Red Tape Reduction Proposals for Liquor and Gaming”, there is minimal evidence to substantiate the claims that reducing red tape is of economic benefit to the tourism, entertainment, liquor and leisure industries in particular, and to the state of Queensland in general.

Comments on the discussion paper

The options put forward in the discussion paper are wide ranging. After considering the paper, NCWQ is focusing on Sections 1.4 and 1.6.

Section 1.4Re-examining liquor trading hours, lock-out and drink safe precincts.

The issue is whether the current suite of measures and/or restrictions in place under the Liquor Act particularly to regulate late night liquor trading are the most effective and optimal mix to support the development of the industry, whilst appropriately minimising harm and protecting amenity.

The reform policy objective is to remove any unnecessary regulation or restriction to promote industry growth and innovation, whilst continuing to minimise both impacts on the amenity and alcohol-related harm impacts on the community.

A number of options have been put forward with regard to Section 1.4 Re-examining liquor trading hours, lock-out and drink safe precincts. However, NCWQ does not see that any of these options adequately address:

  • the need to minimise harm or potential harm caused by alcohol abuse, misuse, and associated violence
  • the need to minimise any adverse effects on public health, safety or community amenities
  • the balance between regard for the welfare, needs and interests of the community, on the one hand, and the provision of a flexible, practical system for regulation of the liquor industry with minimal Government legislation on the other hand.

The NCWQ would support either of the following two options.

Our first preference is to support the option to maintain the status quo, with an end to the current moratorium on applications for post-midnight trading outside entertainment precincts.

The benefits of this option are:

  • Fewer offences are committed in Drink Safe Precincts. The extra security and increased visual police presence creates a safer environment, particularly to the Drink Safe areas of Fortitude Valley and the Gold Coast, as stated on page 20 of the Government’s discussion paper ”Red Tape Reduction Proposals for Liquor and Gaming”.
  • Restricting trading hours is an effective strategy for reducing alcohol related violence. The Bipartisan Parliamentary Law, Justice and Safety Committee’s

Inquiry into alcohol related violence in 2010 was of the opinion that restricting

liquor trading hours reduced the incidence of alcohol related violence. In Table 6 of National Preventative Health Strategy, Technical Paper 3 "Preventing Alcohol- related harm in Australia: a window of opportunity”, restricting trading hours is regarded as a moderately effective strategy to minimise the damage and harm resulting from alcohol abuse.

  • 3.00 am lockout requires the venue to be liable for patron behaviour and to enforce theirsecurity policies of not admitting intoxicated persons, and toenforce bans on the serving of alcohol to intoxicated or under age patrons. The Bipartisan Parliamentary Law, Justice and Safety Committee’s Inquiry into alcohol related violence in 2010 concluded that, in general, lockouts provide a safer, more manageable and more vibrant entertainment environment where the welfare of the patrons is given due consideration.

Our second preference is conditional support for a less restrictive approach to late night liquor trading hours generally, lock-outs and Drink Safe Precincts.

On the basis of evidence from other jurisdictions, and further evidence outlined in Section 4.1 of National Preventative Health Strategy, Technical Paper 3 Preventing Alcohol-related harm in Australia: a window of opportunity, we can only support this option if the following conditions are met:

  • Greater server responsibility and liability for injuries or damage caused by intoxicated or underage patrons. This responsibility and liability extended to include licensees, bar, wait and security staff on licensed premises, and staff at the point of sale in retail liquor outlets. In Table 6 of The Preventative Health Taskforce Technical Paper 3 Preventing Alcohol-related harm in Australia: a window ofopportunity, server liability is listed as a low cost, effective strategy to minimise harm or potential harm caused by alcohol abuse, misuse, and associated violence and also minimises any adverse effects on public health, safety or community amenity. This is further supported by research which considers the effectiveness of server liability in various jurisdictions in the USA in reducing the social and economic costs of alcohol misuse.
  • Adequate enforcement of existing bans on serving intoxicated persons or underage persons. The Preventative Health Taskforce Technical Paper 3 Preventing Alcohol-related harm in Australia: a window of opportunity, based on research prepared for The World Health Organisation, concludes that proper enforcement is essential to maintain effective training and standards of practice for the responsible service of alcohol, and the management of aggressive behaviour. The Preventative Health Taskforce Technical Paper 3 Preventing Alcohol-related harm in Australia: a window of opportunity, drawson further research from the National Drug Research Institute, Curtin University of Technology, Perth, to support the view that the extent to which the liquor laws are adequately enforced determines their effectiveness. It goes on to say that when highly publicised, the threat of a significant financial penalty has been shown to be effective in bringing about positive changes in licensee behaviour, which in turn resulted in reduced levels of alcohol related harms and damages, and less social and economic cost to the community.

These options allow a balance between the economic benefits of more employment, industry growth and innovation; the provision of a vibrant and popular entertainment environment with minimal formality, technicality or intervention; the need to minimise harm or potential harm caused by alcohol abuse, misuse, and associated violence, and minimise any adverse effects on public health, safety or community amenity; and the welfare, needs and interests of the community.

Section 1.6Amending the “high risk” glassing classification

The issue is whether the current “high risk” classification provisions under the Liquor Act for the removal of regular glass from licensed venues are the most effective, appropriate and optimal approach to minimise harm and appropriately address patron safety.

The reform policy objective is to remove any unnecessary regulatory restriction on the conduct of a venue’s business, whilst continuing to minimise harm and adverse effects on public/patron safety.

With reference to this section NCWQ supports the following combination of options in relation to “high risk” classification provisions under the Liquor Act:

  • Encourage late trading licensees to voluntarily phase out the use of regular glass by introducing a recommendation through a voluntary liquor Code of Practice. In so doing, licensees could take greater responsibility for the flexible and safe management of their venues to the mutual advantage of the liquor industry, patrons and the community at large. According to a report in the Courier Mail ofJuly 21 2009, cited in the e-research paper “Glassing and Bans on glassware under Queensland’s Liquor Act 1992”, 36 patients were treated for injuries relating to glassing attacks at the Royal Brisbane Hospital between the hours of midnight and 7.00 am the previous Sunday, imposing avoidable economic and social costs on the community. Any costs incurred by licensees as a result of phasing out the use of regular glass must be considered in relation to the economic costs of glassing to the community.
  • Amend the Criminal Code to provide for a specific offence against glassing.Glassing itself is not a criminal offence. Potential charges and penalties for glassing are currently covered by common assault, wounding, grievous bodily harm, manslaughter and murder. It is therefore very difficult to accurately quantify the incidence of glassing. In an article published in the Courier Mail on September 26 2011, a spokesperson for the Royal Australasian College of Surgeons estimated there were about 200 glassings across Queensland in the previous year, although official figures show just 67. A charge specifically relating to glassing would provide more accurate data on the incidence of glassing. A specific glassing charge would show as such on a person’s criminal record, allow the tracing of glassing attacks back to specific venues, and have the potential to increase individual accountability and to act as a deterrent. It would also allow the closer monitoring of premises so that licensees of venues where glassings occur can take necessary steps to improve patron safety.

Conclusion

Any changes to the Liquor Act should focus on minimizing the economic and social costs of the effects of excessive alcohol consumption as much as it focuses on the economic benefits of reducing red tape, for the mutual advantage of the liquor industry and wider Queensland community. Our wish is to see the economic growth of the liquor industry, and the development of a vibrant entertainment economy within a safe, manageable, responsible environment. Stronger measures are required to regulate

  • the liquor industry in a way that minimises harm or potential harm caused by alcohol abuse, misuse, and associated violence and minimises any adverse

effects on public health, safety or community amenity

  • and optimises development of tourism, liquor and hospitality industries having regard to welfare, needs and interests of the community.

The NCWQ recommends maintaining the status quo as the best way to approach late liquor trading, lockouts and Drink Safe Precincts. We could support a less restrictive approach to late night liquor trading hours generally, lock-outs and Drink Safe Precincts if greater server responsibility for patron behavior, and server liability for alcohol related injuries incurred on licensed premises was in place. We support the voluntary phasingout of the use of regular glass and amendment of the Criminal Code to provide for a specific offence against glassing.

NCWQ is mindful of, and supports the efforts being made to implement harm minimisation measures throughout the state such as the security initiatives outlined on page 28 of the Government’s discussion paper "Red Tape Reduction Proposals for Liquor and Gaming”. These are:

  • Security providers being employed in ratios which promote patron safety
  • Professional requirements for security providers, including incident registers, and uniform dress codes to assist with identification
  • ID scanners capturing driver’s licence information upon entry to the premises.

Matching this data to camera (CCTV) recordings has proved effective in promoting appropriate patron behaviour, removing perceptions of anonymity and identifying offenders for serious incidents.

  • CCTV provides a safer environment for patrons, coerces compliance and also assists police in identifying offenders involved in incidents
  • Security providers being a visible presence in the vicinity of late night trading venues for a period of one hour after closing to deter and/or quickly diffuse problems
  • Maintaining a police presence as a deterrent within precincts (e.g. Fortitude Valley and Flinders Street East Townsville) also enhances perceptions of safety in the precinct and surrounding areas
  • Responsible management at licensed premises, including trained managers with an understanding of their legislative obligations and responsibilities
  • Providing ‘marshals’ at taxi ranks and bus stations to ensure an orderly dispersal of patrons using public transport and
  • having good quality lighting within and outside licensed premises.

The changes to the Liquor Act as proposed by the National Council of Women Queensland Inc serve to better balance improved economic outcomes for the liquor industry with safe and responsible service, sale and consumption of alcohol, for the benefit of all members of the Queensland community.