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Liquor, Gambling & Lotteries
Media releases
29 July 2015

The Government today released its response to the review of the Late Night Code, along with changes to make it easier for venues to have live music.

Deputy Premier John Rau said the Late Night Code was reviewed following the first year of operation.

“The Review made a total of 18 recommendations, of which we are accepting 13, three are supported with amendments, one will be subject to further consultation and one is not supported,” he said.

“Since the introduction of the code we have seen a significant drop in alcohol related offences and anti-social behaviour in the CBD.

“There is no doubt the changes have had a significant impact and increased public safety.

“This review has highlighted the success of the code overall, but has suggested some tweaks to some elements of it.

“We have accepted most of these, with some striking a compromise between what was recommended and the current requirement to ensure disruption to licensed premises is minimised.”

Mr Rau said the Government would also introduce new legislation to cut red tape and make it easier for licenced premises to host live music.

“Today I will be introducing changes to the Liquor Licensing Act 1997 that will mean venues no longer have to apply to have live music before midnight,” he said.

“This means any licensed venue will be able to have live music without having to make any application, or wait for approval.

“Venues wishing to have live music after midnight will still be required to make an application.

“We believe these changes strike the right balance between protecting residents from noise issues and removing unnecessary and obstructionist red tape for our music and hospitality industry.”

Recommendation

Proposed Government Response

Recommendation 1

 

That the Late Night Code and General Code be retained, with some provisions modified as per the following recommendations.

Supported

 

The Government agrees that both the Late Night Trading Code of Practice (Late Night Code) and the General Code of Practice (General Code) should be retained. The Government has given careful consideration to each of the recommendations and proposed modifications to the Late Night Code.

Recommendation 2

 

That the lockout and its current commencement time be retained in present form for at least a further 12 months, to provide the opportunity for a further evaluation on the basis of two years of data; and

 

If the government is minded to give consideration to other policy options, either in the lead-up to or following the further evaluation of the lockout, a thorough analysis of the advantages and disadvantages of a last drinks/closing time provision be conducted.

Supported

 

The ‘lockout’ will be retained for a further 12 months in its current form from

3.01am.

 

During this period, further consideration will be given to other options  (including the advantages and disadvantages of prescribed times for ‘last drinks’ and closing time).

Recommendation 3

 

That clause 7 of the Code about transport information be amended to require venues to display information prominently.

Supported

 

The Government has always maintained that appropriate transport options are crucial to the effectiveness of the Late Night Code.

 

It is important that patrons have access to information about transport services that are available in the vicinity of licensed premises, to ensure these services can be quickly and easily accessed.

Recommendation 4

 

That clause 8 of the Code regarding queue management be retained in its current form.

Supported

 

Clause 8 of the Late Night Code currently requires that between 12.01am and 3.00am or closing time (which ever is earlier), the licensee must take all practicable steps to ensure that any line up or queue to enter the licensed premises is orderly and continuously monitored and managed to prevent obstruction to pedestrian traffic.

 

The Government agrees that this should be retained in its current form.

Recommendation 5
 

That further work be conducted on options to give venue security staff more power to manage those parts of queues that extend onto public and other private land.

Supported

 

Appropriate consultation will be undertaken to look at what options are available to address this issue.

Recommendation 6

 

That clause 9 of the Code (restriction on footpath drinking) be amended to start from 12:00am rather than 2:00am.

Not Supported

 

The Liquor and Gambling Commissioner is not aware of any issues or evidence to suggest that this clause should apply from 12.01. The Government proposes that this Clause be retained in its current form commencing at 2.01am, to be reviewed again after a 12 month period.

 

This will allow further consultation (particularly with SAPol ) to be undertaken.

Recommendation 7

 

That further work and consultation be undertaken to develop potential options under which clause 9 of the Code is further amended to require venues to remove furniture from outdoor areas at the time restrictions on footpath drinking comes into effect.

Supported

 

Appropriate consultation will be undertaken in relation to this.

Recommendation 8

 

That clauses 10 and 11 of the Code regarding drink marshals and first aid attendants be retained in their current form.

Supported

 

The Government agrees.

Recommendation 9

 

That further work be undertaken to develop an amendment to the Liquor Licensing (General) Regulations 2012, specifying particular functions of a drink marshal as ‘prescribed functions’ for the purposes of section 11A(7) of the Liquor Licensing Act 1997.

Supported

 

The Government has already commenced consultation on this issue.

 

 

Recommendation 10

 

That the wording in Part 4 of the Code exempting the Skycity Casino from the lockout be retained in its current form.

Supported

 

The Skycity Casino and holders of restaurant licences will remain exempt from the ‘Late Night Restricted Entry’.

Recommendation 11

 

That clause 13 of the Code (use of metal detectors) be amended to start at an earlier time, with the specific start time to be determined after further consultation and analysis.

Supported

 

Appropriate consultation will be undertaken to determine whether there is any benefit in requiring the use of metal detectors upon entry onto licensed premises, prior to 12.01am.

Recommendation 12

 

That clause 14 of the Code regarding CCTV be retained in its current form.

Supported

 

The Government agrees that the requirement for CCTV to be operating at all times while open for trade (as specified in the code), should be retained.

Recommendation 13

 

That clauses 15 and 16 of the Code (restrictions on free drinks and drinks promoting rapid or excessive consumption) be amended to start from 12:00am rather than 4:00am

Supported in principle with amendment

 

The Government agrees that restrictions on the supply of free beverages or beverages that promote rapid or excessive consumption should apply earlier than 4.01 am.

 

The Government proposes that these requirements apply from 2.01 am rather than 12.01 am. This strikes a balance between the current requirement of

4.01 am and the recommendation of 12.00 am.

Recommendation 14

 

That clause 16 be amended to include ‘shots’ in the list of banned drinks, consistent with provisions affecting Sydney and Perth.

Supported in principle – Further consultation required

 

Further consultation with industry will be undertaken in relation to this.

Recommendation 15

 

That clause 17 of the Code (restriction on the use of glassware) be amended to start from 12:00am rather than 4:00am.

Supported in principle with amendment

 

Careful consideration needs to be given to the practical implementation of this provision.

 

It is likely that the practical implementation of this requirement will be more difficult for licensees at an earlier time of the evening, when there are a greater number of patrons present.

 

While the restriction on the use of glassware appears to have had a positive impact, this is of course largely dependent on licensees being able to effectively comply with the requirement.

 

The  Government  agrees  that  this  requirement  should  apply  earlier  in  the

evening, however, noting the above, it seems reasonable to bring this forward to 2.01 am.

Recommendation 16

 

That the preambles to Parts 2 to 6 of the Code be amended to provide that the Parts apply to venues that trade at any time between 12:00am and 7:00am (or, if a mandatory closing time is put in place, that particular closing time).

Supported in principle with amendment

 

The Government is of the view that further evidence/consultation is necessary to warrant the Late Night Code applying to all venues that trade past 12.00 am.

 

However, the Government does agree that this should be brought forward to an earlier time.

 

Instead, the Government proposes to bring the measures contained in the Late Night Code forward, to apply to venues that trade past 2.01am.

Recommendation 17

 

Undertake further consultation to determine if the use of ID scanners should be implemented, and any relevant conditions of use.

Supported

 

Further consultation will be undertaken to determine what benefit there may be in requiring the use of ID Scanners and how such a requirement might be managed with respect to maintaining and protecting the privacy of patrons.

Recommendation 18
 

That further analysis and consultation be undertaken to examine the feasibility of certain low-level ‘offences against the person’ being expiable.

 

That further analysis and consultation be undertaken to examine the feasibility of reducing the minimum fine for expiable ‘offences against good order’.

 

That consideration be given to the use of intelligence about drinking establishments associated with police apprehensions to inform a risk-based approach to liquor licensing.

Supported

 

Consumer and Business Services will undertake consultation with SAPol to determine the feasibility and appropriateness of this recommendation.