Message from the Executive Director
As you’re most likely aware, the Northern Territory Government has recently announced major reforms in an attempt to address serious levels of alcohol related harm that cause grief to so many individuals, communities and families.
The proposed alcohol reforms are comprehensive and have a focus on dealing with problem drinkers: those that are chronic alcoholics, those who become violent when they drink, those that become a public nuisance causing others to feel unsafe, those that, in some way, threaten or harm others by their actions after drinking alcohol. The Banned Drinker Register will be established to prevent these people from gaining access to takeaway liquor.
There is an Alcohol Management Plan proposed for Darwin and Palmerston to focus on the alcohol related issues that exist in that area.
An Alcohol and Other Drug Tribunal is proposed for those people that have a serious drinking problem but have not committed a criminal offence so they can get the treatment they need to help them.
For those who commit criminal offences that are related to alcohol or drug abuse, a new SMART (Substance Misuse Assessment and Referral for Treatment) Court is planned.
The proposed reforms would probably mean changes for all of us, whether we are liquor licensees or consumers. But then, all of us are impacted by alcohol misuse too. The costs to Territorians, financially or at a personal level, are staggering.
The Government has invited all Territorians to find out more about the proposed reforms and share their views. More detail about the reforms can be found at the Safe Territory website. www.safeterritory.nt.gov.au
I encourage you to put forward your thoughts.
Micheil Brodie
Liquor Act Amendments
We mentioned in the last edition of the Licensing eNews that a number of amendments to the Liquor Act were happening. These came into effect on 1 July 2010. The amendments are aimed at reducing alcohol-related violence and minors using fake ID to access alcohol or enter licensed premises. The amendments also provide licensees with some protection in relation to their involvement with liquor accords.
Amendments include offences for anyone providing false or altered ID to a minor, knowing that the minor will illegally use the ID to either enter a licensed premise or to purchase alcohol. It is also now an offence to alter, deface or interfere with a genuine form of ID in an attempt to misrepresent a person's age. Those caught face fines of up to $1,000 or they may even be imprisoned for up to 6 months.
Staff employed at any licensed venue can now legally seize ID that they suspect as being fake or false. Licensing, Regulation & Alcohol Strategy will provide venues with a pre-printed card that can be issued to a person whose ID is seized informing them of why the ID has been seized and who to call if they have any questions. All venues will be required to forward the ID to the Director of Licensing who will consider what course of action should be taken.
The Minister now has the power to declare an area of land a “designated area”. These areas may be declared where there has been a high level of alcohol-related violence in a public place within the vicinity of licensed premises. Anyone involved in this type of behaviour within the designated area may be issued with a banning notice and cannot enter that area for a period of 24-48 hours. If the person receives a number of banning notices or commits another serious specified offence, the courts may issue that person an exclusion order which works similarly to a banning notice, however may be for a longer period, possibly up to 12 months.
The Darwin CBD designated area will be declared shortly and designated areas in other centres such as Palmerston and Alice Springs are likely to follow.
Another exciting initiative is the introduction of local liquor accords. An accord is a group of licensees and interested parties working together to address issues associated with excessive alcohol consumption. Some of the strategies the accord may consider are restricting certain types of drinks at licensed premises who are part of the accord or if someone causes trouble at one venue, that person may not be able to enter other licensed premises within the accord area.
A series of fact sheets have been developed to provide more information regarding the various amendments. These fact sheets can be found on the website: www.nt.gov.au/justice/licenreg
The amendments to the Tobacco Control Act which were recently passed in Parliament are aimed at further reduction of the harms associated with smoking, including Environmental Tobacco Smoke (second hand smoke). The major changes relate to the displaying of tobacco products and the consumption of food in outdoor smoking areas.
From 2 January 2011, all outlets, including licensed premises and specialty shops, that sell tobacco products, will no longer be able to have them on display to the public. All products will have to be stored out of sight and advertisement of them will be restricted to a display board in line with the prescribed legislation.
Patrons will no longer be able to smoke in outdoor areas where the consumption of food takes place. This includes licensed premises, restaurants and cafes, take away shops etc. Licensed premises may designate an outdoor area as a smoking area however there are stringent guidelines that must be met for this to take place. Further information is available from the Department of Health and Families. www.health.nt.gov.au
All tobacco licence holders will also be required to renew their licence on an annual basis and a licence fee will be introduced. The new fee is $200. All existing licences will be expiring on 31 December 2011 and holders will be required to renew their licence and pay the licence fee.
Outdoor Smoking Areas
With the end of the year fast approaching, 2011 brings new smoking laws that will affect everyone in the NT.
From 2 January 2011, smoking will be banned in all outdoor eating and drinking areas. Liquor licensed venues however are able to designate up to half of their outdoor eating and drinking areas as an Outdoor Smoking Area (OSA)-provided certain requirements are met.
The Australian Hotels Association Northern Territory (AHANT) is developing guidelines to help all liquor licensees understand and comply with the new laws and should have these available shortly.
Certificate of Compliance
Maybe your venue is one that requires significant renovation to create a compliant OSA, or perhaps you just want to be sure that your existing setup will be fine under the new laws. In either case, you can apply to the Director of Licensing for a Certificate of Compliance.
A Certificate of Compliance is issued by the Director of Licensing and can be for the actual physical premise, or what is planned for the venue before work even starts. An assessment will be made as to whether the venue, as it is shown on the plans, would comply with the new tobacco laws.
If you’re interested in obtaining a Certificate of Compliance, your first step is to visit our website. There you will find an application form and more information about what’s required. You’ll also need to pay a fee of $50 when you lodge your application. Go to http://www.nt.gov.au/justice/licenreg/tobacco.shtml
Extension of Time to complete an Outdoor Smoking Area
The NT Government recognises that getting a compliant OSA in place by 2 January 2011 may not be easy. For this reason, you may be allowed a time extension to complete the works.
If you don’t think your OSA will be fully compliant by 2 January 2011, then you might want to apply for an extension. Be warned! Applications for time extensions must be made by 1 January 2011. The law does not allow any extensions to be granted for applications received after this date.
In your application, you will need to explain why you cannot meet the deadline, provide evidence of contracts in place to undertake the work, and also include what steps you will take to minimise the effects of smoke on patrons and staff in the meantime.
The date of extension will be based upon individual circumstances but cannot go beyond the legislated date of 30 September 2011.
Approvals for time extensions may also include certain conditions. These conditions will be aimed at reducing the impacts of smoking at the venue until a fully compliant OSA is in place.
For more information and an application form, head over to our website at: http://www.nt.gov.au/justice/licenreg/tobacco.shtml
Liquor Licensed Venues and Crowd Controllers
Licensing, Regulation and Alcohol Strategy is frequently asked about the rights of licensees to employ crowd controllers and under what circumstances they’re required.
The Private Security Act states that "a crowd controller is a person who, in respect of liquor licensed premises, a place of entertainment, a public place, or a public or private event or function, performs as part of his or her duties, the function of:
• Controlling or monitoring the behaviour of persons;
• Screening persons seeking entry; or
• Removing persons because of their behaviour;
and that crowd controllers must be licensed."
From the perspective of Licensing, Regulation and Alcohol Strategy, a person who is generally required to perform any of the functions mentioned above must be licensed as a crowd controller.
It may regularly occur that a licensed crowd controller is working at the entrance to a venue alongside a person who is operating as a ‘welcoming host’, and is not licensed as a crowd controller.
If the situation arose where the crowd controller was dealing with a complex issue or difficult customer, it is reasonable that the host could step in temporarily to assist the smooth entry to the premises by screening persons. This would be appropriate only for short periods of time in what is an otherwise unavoidable circumstance. As soon as the crowd controller can resume their regular duties at the venue, the welcome host should stop performing that role.
It is also reasonable that a staff member who is not a licensed crowd controller can remove troublesome or intoxicated patrons from the premises in accordance with section 102 of the Liquor Act when crowd controllers may not be on duty or are otherwise engaged in another pressing matter.
It should be noted however, that any person who has been refused a crowd controller licence or private security officer licence should not at any time perform any function whatsoever that is within the role of either a crowd controller or security officer.
Licensees are advised to carefully consider the role they allocate to such people to ensure there are no misunderstandings.
Should you wish to check a specific circumstance in relation to this matter, please call the office on 8999 1800.
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