ADASC 2015 ALCOHOL RELATED COMMUNITY HARM • Domestic Assaults WA State: Alcohol Related Flag Year QUALITY INTERVENTIONS AND OBJECTIONS ON LIQUOR APPLICATIONS Y N Mar 2012-Feb 2013 5621 7022 12643 44.5% Mar 2013-Feb 2014 6751 8280 15031 44.9% Grand Total 12372 15302 27674 44.7% • Non Domestic Assaults WA State: Alcohol Related Flag ADASC – 18 MARCH 2015 Year Mar 2012-Feb 2013 Mar 2013-Feb 2014 Grand Total INTERVENTION AND OBJECTION LEGISLATION Grand Total % of Alcohol Related Y 4263 4064 8327 N 7741 7495 15236 Grand Total % of Alcohol Related 12004 35.5% 11559 35.2% 23563 35.3% GROUNDS OF INTERVENTION • The Commissioner of Police has the power under the Liquor Control Act to Intervene and/or Object in proceedings before the Director of Liquor Licensing • Fitness to Hold a liquor licence • W.A Police assess on average approximately 1400 licensing applications and in 2014 intervened on 280 and objected to 20 • Public disorder or disturbance • Any interest any person may hold in a licence • Any matter relevant to the public interest GROUNDS OF OBJECTION • Issue of licence is not in the public interest • Undue harm or ill health may arise due to the use of liquor • Undue offence, annoyance or disturbance may occur if issued or • Issue of licence may be contrary to the Act CONTENT - INTERVENTION • As an intervener the Commissioner carries no burden of proof to support comments made in an intervention (per Greaves J, Gull Petroleum (WA) Pty Ltd (1998) LLC No. 13/98) • An intervention must be made on one of the legislative grounds and comments must be relevant to the issues identified • While we have no burden of proof, we provide prior decisions or research articles to support the intervention • EVIDENCE = CONDITIONS/REFUSAL 1 ADASC 2015 CONTENT - OBJECTION • As an Objector, the Commissioner has a burden of proof on the Balance of Probabilities • The Commissioner will provide sufficient credible evidence e.g., crime data, antecedents of the Applicant and research • However, demonstrating lack of public interest or failings in a PIA can also be used as evidence, backed by a prior decision • EVIDENCE = CONDITIONS/REFUSAL PUBLIC INTEREST ASSESSMENT (PIA) • On lodgement of an application, most are required to lodge a PIA which covers public interest (s.38) and those matters set out in the objects of the Act • Broadly the objects of the Act are to regulate the sale, supply and consumption of liquor, minimise harm and, to cater for the requirements of the consumer for liquor with regard to the development of the liquor industry • The Directors Policy provides guidance on what is needed to be addressed by the applicant CONSIDERATIONS CONSIDERATIONS cont. • Class of licence - eg, Nightclub, Restaurant, Tavern, Special Facility • To obtain a well conditioned liquor licence – (harm reduction) or; • Locality of proposed venue & crime data • Refusal • Public (Interest) requirement • Manner of trade proposed • Quality of Application – Public Interest Assessment (PIA) and evidence provided EVIDENCE ON APPLICATIONS • General Evidence – Discuss overall impact of a new or changing (conditions) outlet on a locality, can be supported by research • Locality Evidence – Crime Data, Socio Economic Data, Traffic Statistics • Site Specific Evidence – Discusses specific crime data to the venue, antecedence of the Applicant, types of patrons attending and any residential complaints PROACTIVE APPROACH • By way of making submissions on behalf of the Commissioner of Police on liquor licensing matters, WA Police Liquor Enforcement Unit have achieved a level of self regulation of the industry on new applications • Standardised conditions are now being offered in the initial application process along with formal pre-application meetings between Police and the Applicant • Holds the Licensing Authority accountable for decisions 2 ADASC 2015 CONCEDED CONDITIONS • Lockouts – Most venues will now offer a self imposed lockout depending on the class of licence CONCEDED CONDITIONS cont. • Dress standards prohibiting OMCG insignia/clothing • I.D Scanning • Restrictive drink conditions; No Shooters/shots, energy drinks, no jugs, no glassware (some adopting polycarbonate) • I.D 25 Policy • Crowd Controllers and RSA officers • No advertising of discounted drinks (“happy hours”) • Extensive CCTV Conditions • Requirement for substantial food service during hours of trade • Accommodation numbers and minimum seating • Reduced trading hours CONCLUSION • Each application is assessed on its own merits • Local comment is requested for any significant application (LPT or LEU Team) & community engagement • An Intervention or Objection must be supported by evidence to get best result and, withstand appeal • Continually seeking to minimize alcohol related harm in the community 3