The Salvation Army Tasmania Division - Review of the Liquor Licensing Act 1990 Discussion Paper Response

The Salvation Army
Tasmania Division
                        Review of the
            Liquor Licensing Act 1990

           Discussion Paper Response

Nov 2013

The Salvation Army
Core Values

         Hope

         Justice

         Community

         Compassion

         Human Dignity

Contact
Grant Herring
The Salvation Army (Tasmania)
Alcohol, Other Drugs & Corrections
Creek Road, New Town, Tasmania 7008

Phone:        (03) 6278 8140
Mobile:       0467 592 674
Email: grant.herring@aus.salvationarmy.org

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Table of Contents

Introduction                                                                   4

About Us                                                                       4

Background                                                                     4

Key Issues

         4.1       Objectives of the act                                       5

         4.2       The licensing process                                       5

         4.3       The role of local government in the licensing process       6

         4.4       Miscellaneous practices                                     7

         4.5       Compliance and enforcement                                  8

Summary                                                                        9

Conclusion                                                                     9

APPENDIX           ANCD Alcohol Action Plan Extract                            10

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Introduction
The Salvation Army welcomes the opportunity to make this submission to the Liquor and
Gaming Branch of the Department of Treasury and Finance, into the adequacy and
appropriateness of laws and practices relating to the sale and consumption of alcohol.

Our response is born of concern about the extensive damage that excessive alcohol
consumption often causes to individuals and families. This calls for more effective measures
to be put in place to reduce the harms being caused. We wish to see Tasmanians
empowered to make smart choices about alcohol use.

About Us

The Salvation Army is one of the largest providers of alcohol and other drug social services
in Australia. We share the community’s belief in ‘a fair go’ for all, which grounds our
commitment to social justice and a particular interest in the health and wellbeing of those
most vulnerable in our society.

In Tasmania, The Salvation Army provides a diversity of services including aged care, family
support, child and family services, out of home care, housing and homeless services,
emergency disaster responses, employment services, financial assistance and counselling.
Alcohol and other drug services are delivered in a harm minimisation framework, with
residential rehabilitation, home-based withdrawal, counselling, outreach, aftercare, day
programs, sobering up facilities and needle and syringe programs.

Background

The Salvation Army recognises that the consumption of alcohol, when undertaken in a safe
and responsible manner, can be a pleasurable social activity for many Tasmanians. We also
recognise that the hospitality industry and viticulture contribute much to the Tasmanian
economy. However, our work and programs have led us to understand that effective
regulation and legislation in this area is necessary, based on clear evidence of the scale and
extent of human and societal costs of alcohol misuse. A recent study by Manning, Smith
and Mazerolle1 has comprehensively addressed the harms and societal costs of alcohol
abuse in Australia. The human costs include “individual health issues, lower life expectancy,
reduced productivity in the workforce and absenteeism, accidents, violence and other
alcohol-related offences including public nuisance offences, as well as drink-driving”. The
overall argument by Manning et al. is that “assessing the harms associated with alcohol
misuse is critical to developing good policy.” As such The Salvation Army commends the
Liquor and Gaming Branch in making this review. The overarching position of The Salvation
Army is that it supports policy and practices that clearly promote the responsible use of
alcohol and minimises the harm resulting from harmful alcohol use, particularly in relation
to those most marginalised in society.

1
 Manning, M. Smith, S. Mazerolle, P. (2013) – The societal costs of alcohol misuse in Australia- Australian
Government Australian Institute of Criminology Trends and Issues in Crime and Criminal Justice No 454.

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Key Issues as outlined in the discussion paper

4.1      Objectives of the Act

The Salvation Army endorses the proposal to include an objectives/purpose provision in the
Act as it would enable the regulator to legislate with greater clarity and associated decision
making. The objectives should be driven by harm reduction and harm minimisation
strategies which ensures that the licensed bodies act in a responsible manner, as well as
being health and well-being focused.

Objectives should include a strong and coherent preventative approach to addressing the
hazardous consumption of alcohol. The introduction of a range of strategies that address
excessive and hazardous alcohol consumption, although potentially politically unpopular,
are necessary to reduce the resulting health related harm, offending and antisocial
behaviour as well as the marginalisation from society that many individuals facing
problematic alcohol misuse experience. The ACT Liquor Act 2010 exerpt; “to promote the
sale, supply, promotion and consumption of liquor“ addresses these concerns to some
degree.

4.2      The licensing process

4.2.1 Best interests of the community

The “best interests of the community” interpretation outlined in Carlton Dixon: Ravenswood
Cellars October 2010 balances the ‘prospect of adverse consequence and the possibility of
net economic benefit’ but does not directly account for social benefit.

The Salvation Army supports the development of a mandatory community impact
statement which includes clear community engagement strategies as a part of licensing
processes. Clearer guidelines for licence applicants in this context as recommended in the
Stenning Report are required but it is in the ‘best interests of the community’ for measures
of this nature to be applied. Community Impact Statements are a meaningful basis for
assessment regarding the ‘best interests’ criterion and should be applied to all license types.
Permits should be considered separately.

4.2.2 Qualification for a liquor license

The Salvation Army supports the establishment of a mandatory competency based
approach to holding a license in order to ensure responsibility and accountability. For
instance, training which ensures appropriate knowledge, skills and values.
It is important that currency of RSA training and accreditation be maintained. Refresher
courses and regular updates should be a requirement of ‘fit and proper’ servers of liquor in
licensed establishments. Occasional Special Permit holders (like community associations)
outside requirements of On or Club licenses should be provided with appropriate
information at the time of permit issue (as happens currently) supporting responsible
serving of alcohol. It may be counterproductive to make a training requirement beyond this
information provision.

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Key Issues (Cont....)

4.2.4 License and Permit conditions

The Salvation Army supports the recommendation 18 of the Stenning Report.

There needs to be a risk-adverse approach to applying permit conditions and should
encourage pro-active intervention or action. Conditions need to be applied on
commencement of a license (based on local information and understanding) and later as a
result of any disciplinary proceedings. This approach would be consistent with other States.

Should significant changes to a licensee business model be proposed, then comprehensive
risk analysis should be completed with appropriate conditions applied. ‘Common
conditions’ as indicated could potentially reduce the instances of ‘venue hopping’ and
consequently minimise risk.

4.2.5 The role of local government in the licensing process

A greater amount of collaboration between the local government and the licensing approval
processes, systems and representatives is required. This collaboration would encourage a
culture of joint working and improved data and knowledge sharing in order to make better
decisions. This should be recognised as an essential component within the legislative
requirements.

Adoption of the Stenning Report Recommendation 8 to more closely engage Local
Government in the licence application process should be supported.

4.3      Managing access to alcohol

4.3.1 Prohibitions on serving intoxicated patrons

The definition ‘intoxicated’ may appear to be more appropriate within this context.
Consistency across the nation around definition of intoxication is important. Definition such
as in the Victorian, ACT and South Australian Liquor Acts would be appropriate. Guidelines
to assist licensees should be included. Transparent measures (assessments) need to be put
in place where a decision is made to sell alcohol or refuse alcohol to an individual who is
‘intoxicated’. This must be balanced against the rights of the individual and the delivery of a
responsible service.

4.3.2 Employing young people where liquor is sold

Essentially, The Salvation Army does not support the role of individuals under the age of 18
selling alcohol – in line with our mission values.

The specification under Section 77 of the current Act should include provision as outlined
for persons under the age of 18 years handling liquor in the course of their work. Direct and
personal supervision of the licensee or the licensee’s nominated ‘responsible person’ over
the age of 18 should be applied. RSA training for young workers and their supervisors is a
requirement.

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Key Issues (Cont....)

4.3.3 Undesirable liquor promotion and advertising

The Salvation Army supports the notion of restricting or prohibiting irresponsible advertising
and promoting alcohol. This is an important aspect of responsible social marketing practices
and in the best interests of the public. The Salvation Army commissioned Roy Morgan
Research report revealed that Australians believe there needs to be a major re-think of
alcohol advertising and promotion.

This research showed that:

         70.3% say the amount of alcohol advertising and promotion young people under 25
          see, encourages them to drink more.
         78% indicate concern that alcohol companies are using social media to advertise and
          promote their products to young people under 25.
         72.1% believe the alcohol industry should not be allowed to continue to regulate
          itself with regard to the advertising and promotion of alcohol.
         60.1% of people aged 18-34 think that the amount of alcohol advertising and
          promotion for young people under 25 are exposed to, encourages them to drink
          more.

The Salvation Army Tasmania Division supports the Australian National Council on Drugs
(ANCD) ‘Alcohol Action Plan’ in regard to liquor promotion and advertising (see APPENDIX).

4.4       Miscellaneous practices

4.4.1 Power to prohibit liquor products

Prohibition of the types of products listed as ‘undesirable’ for public sale and consumption
should be inherent in the legislation.

4.4.2 Provision of free drinking water

There should be free water available within venues as a part of delivering a safe and
responsible service.

4.4.3 Banning/barring orders

The Liquor Licensing Act needs to allow for banning and barring individuals who pose a risk
to themselves or others whilst intoxicated from entering or re-entering licensed premises.

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Key Issues (Cont....)

4.5      Compliance and enforcement

4.5.1 Enforcement model

A clear and concise of code of conduct should be applied in all situations whilst serving or
supplying alcohol and breaches would need to be declared, reported, identified and
appropriate sanctions imposed.

A risk register that quantifies the risks should be developed. Non-compliance of a licensee
with the stipulated operating practices identifies increased risk and increased penalties. This
should be developed within the spirit of delivering safe and responsible hospitality services.

The Liquor licensing Act should balance the rights, responsibilities and choice of the
individual versus responsible supply and availability of alcohol. This balance will ensure
consumer responsibility and safe provision within a robust regulatory framework. Offences
and associated sanctions/penalties need to be clearly defined and when disposed they need
to be proportionate to the offence.

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Summary

The aim of changes to laws and practices relating to the sale and consumption of alcohol
should be guided by an effective public health approach in the reduction of excessive and
harmful drinking and resulting antisocial and destructive behaviours as well as high human
and societal costs. Below is a summary of changes that The Salvation Army strongly support
and recommend:

        Policies should be designed after the comprehensive assessment of the human and
         societal costs of alcohol abuse in Tasmania
        Restrictions on trading hours for both on premise and off premise alcohol outlets
         should be guided by these wider cost assessments, preferably on a local scale
        Banning of discount alcohol sales and associated promotions aimed at excessive
         ‘binge’ type drinking
        A limit on the density of alcohol outlets in a locality
        Health warnings on alcohol product labels with appropriate referral information to
         agencies that can offer support to individuals facing problematic alcohol abuse

Conclusion

The Tasmanian Alcohol Action Framework 2010-2015 Rising Above the Influence
Implementation Plan, significantly accounts for much of the required change. Changing the
drinking culture in Tasmania, controlling the supply of alcohol and provision of effective
interventions to deal with and prevent alcohol related harm are clearly identified as
strategies to enact that plan. With the strategies and actions clearly identified, key agencies
should be empowered and encouraged to progress implementation. Government Key
Strategy 2 of this plan identified the necessity for review of the Liquor Licensing Act 1990.
While this is fundamental to the progression of effective reform, the work required of the
nominated agencies within that implementation plan should be adequately resourced,
managed and effectively completed in a timely manner in order that social and economic
benefits can be realised.

These benefits will have significant positive impact on the Tasmanian economy as
prevention and early intervention strategies take effect. The Societal Costs of Alcohol Misuse
in Australia (Manning, Smith & Mazerolle 2013) clearly articulates the view that enormous
costs to community in criminal justice, health, traffic accidents and productivity as identified
do not include the indirect costs imposed on others, which are often paid at a much higher
price. Clearly, the benefits of prompt and effective implementation of promotion,
prevention and early intervention initiatives supported by effective legislation and
regulation provide strong foundations for the health and wellbeing of Tasmanian families.

The Salvation Army would welcome the opportunity to discuss the content of this
submission should any further information be of assistance.

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APPENDIX:                   ANCD Alcohol Action Plan

These extracts from the ANCD Alcohol Action Plan are relevant to the questions raised in the
September 2013 Discussion Paper and are recommended to the Review.

1 Increase informed public engagement with the harms associated with alcohol, by:
1.1 Promoting public understanding of the range of evidence-based options to prevent and
respond to alcohol related harm.
1.2 Promoting better public understanding of the harms to others caused by alcohol
consumption to ensure informed community debate about effective responses, especially
harms to children and the costs of individual alcohol use borne by communities.

2 Obtain data on alcohol consumption and harms essential to informing effective
responses that have currency and are sensitive to change, by:

2.1 Encouraging each State and Territory to collect and report alcohol sales data that allow
local-level analysis.
2.2 Implementing policies in each jurisdiction to increase the collection of information about
alcohol’s involvement with police incidents, and to standardise such reporting nationally.
2.3 Initiating procedures to collate and analyse data on alcohol-related emergency
department admissions across Australia.
2.4 Including questions on the concurrent use of alcohol with other drugs in future National
Drug Strategy Household Surveys.

3 Support local-level interventions in alcohol-related harms, by:

3.1 Encouraging States and Territories to ensure that liquor licensing legislation across all
jurisdictions gives prominence to public health and safety considerations.
3.2 Ensuring that there is opportunity for local government and other local community
stakeholders to be involved in decision-making processes without undue difficulty, and that
communities are aware of their rights in these regards.
3.3 Ensuring access to local relevant data on alcohol consumption and related harm.
3.4 Building the capacity of local community stakeholders (e.g. local government) to
respond effectively to prevent alcohol-related harm.

4 Recognise the critical role of regulating the availability of alcohol in reducing alcohol-
related harms, by:

4.1 Give further consideration to implementing the recommendations regarding alcohol
taxation made in the Australia’s Future Tax System review.
4.2 Developing liquor licensing procedures that consider outlet density, closing hours, and
related risks and harms, drawing on local evidence and with the input of the local
community.
4.3 Monitor and enforce compliance with responsible service of alcohol laws with
meaningful penalties.

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APPENDIX (Cont....)

5 Regulate alcohol advertising, promotions and sponsorship, by:

5.1 Initiating a parliamentary review of the impact of alcohol advertising, promotions and
sponsorship on young people.
5.2 Give further consideration to establishing an independent or government body to
review, adjudicate and regulate alcohol advertising and promotions.

8 Address alcohol consumption and harms among young people, by:

8.1 Evaluating the impact of secondary supply legislation.
8.2 Encouraging informed community debate on the minimum legal purchase age for
alcohol.
8.3 Encouraging broad prevention strategies such as increasing school engagement and
awareness of the role families
and parents can have in reducing alcohol-related harm, and investing in strategies
consistent with this role.
8.4 Developing and evaluating the impact of specific treatments for young people
experiencing alcohol-related problems.

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