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Liquor Bill 2007
Tuesday, 04 December 2007

Mr MIKE BAIRD (Manly) [9.53 p.m.]: I register the sentiment of the community that we have not had appropriate consultation. Indeed, the relevant stakeholders in the community are just starting to get their heads around this complex debate. First and foremost I think additional consultation is required and we ask the Minister to take that on board as he finalises the draft regulations. I also congratulate the member for the Upper Hunter on his comprehensive—and I think we need to use that word quite clearly—speech and understanding of the legislative provisions. I have certainly learnt many things from the member for the Upper Hunter tonight. I cannot say that every night. He outlined a very detailed proposition that has full credibility and contains a number of initiatives and ideas the Government should take on board. I also commend many in the community for their work on problems associated with liquor that we have experienced in Manly. Problems associated with liquor have been a significant issue in Manly and over the past few years many of those problems have occurred after midnight.

Manly has a number of large bars. Many people have worked tirelessly on this issue. The bill introduces something that the community supports: the spirit of the small bar. The onus is on the Government to ensure that the spirit of small bars is manifested in the final form of the regulations and does not lead to the fear that on every corner, whether it is take-away or convenience stores, liquor will be available. We endorse increasing the attractiveness of the landscape and the spirit of Manly and we congratulate the Minister on the undertaking. I will identify a few people in Manly Council who have played a key role in dealing with some of the liquor issues over the past few years. I will then raise some concerns that I want the Minister to take on board.

Three or four years ago Manly Council instituted a Manly After Midnight policy. The council looked at the closing times of licensed premises to determine whether they could be staggered. It also considered insisting that all licensed premises be a signatory to the Manly Liquor Accord. I will return to the accord and some of its initiatives. Ultimately my primary concern in relation to this legislation is the accord. Manly Council has also considered conducting noise audits of late night activities. The council has reviewed the use of multiple taxi ranks late at night. Consistent with the recommendations of the late night transport working groups, all taxi ranks should have security and their location should be advertised so that people who attend late night venues are aware where it is safe to catch taxis. The council and the safety committee investigated engaging additional security staff to patrol public places. I pay credit to the mayor, Peter Macdonald, who has played a key role in driving this initiative and other councillors who have been involved. I also pay tribute to my predecessor, David Barr, who worked on some of these issues.

Manly Council also considered how it could encourage greater diversity of family-friendly entertainment facilities in the Manly central business district. My hope is that the provision of small bars will lead to more family-friendly amenities across the landscape of Manly. Again, the devil will be in the detail of the finalised regulations. Finally, the council has made representations for increased penalties for drinking within alcohol-free zones. Manly has had a lot of problems in that regard and the council has been very proactive. There has also been significant community input. Those around The Corso area have had significant input, emphasising their concerns predominantly about trading hours and what people leave in their wake when walking home.

Under the leadership of Kim McKay the proactive policing policy has been increased. It is a brave approach for police to take because their statistics will get worse before they get better. In the past three years statistics have improved and the number of alcohol-related assaults is starting to fall. The Manly Chamber of Commerce has played a role by providing money to upgrade The Corso. The Corso and its surrounding amenities are key requirements in minimising problem behaviour. The Chamber of Commerce has made the area more attractive and improved the lighting, which helped with some of the problems.

The liquor accord has played an important role in bringing together licensees, the community, police and other stakeholders. The licensees often get a bad rap in the press. The Steyne Hotel has set an example in the community by recently banning high-intoxication drinks, the Manly Wharf bar has imposed entry restrictions on groups of people and all the licensees in the area have played a role in voluntary lockouts. All those factors—the liquor accord, the council, the chamber of commerce, the police and the community—have played a role in improving the position. I draw to the Minister's attention two concerns I have in relation to this legislation. My first concern relates to the membership of the liquor accord. Of the 180 licensees in the Manly area, less than 25 are signed-up members of the liquor accord. That is a small number. A liquor licence carries the burden of social impacts on the local community, such as security, transport and lighting issues. If all the licensees were members of the liquor accord, the accord would have an ability to fund initiatives as prescribed by the community to deal with the problems.

At present, a number of licensees are not sharing the load. In fact, only two hotelsthe Steyne Hotel and the Ivanhoe Hotelhave carried the burden of funding initiatives. The Government should include in the regulations the concept of compulsory membership or a prescription that every licensee in the community makes a contribution to initiatives, if required by the liquor accord. I note that the authority may direct a licensee to contribute to liquor accord initiatives. I believe the provision should be more definitive. If all the community—local precincts, council, liquor accord, safety committees—agrees to initiatives, a mechanism must be in place to ensure that every licensee makes a contribution. It is unfair to ask a few to carry the burden. That is my main concern in the brief time I have had to consult on the bill. I will look at the draft regulations in more detail with the liquor accord, the council and the local precincts and bring any concerns they have to the Minister.

The second concern I have relates to trading hours. Local community input into trading hours is not clearly defined in the legislation. The new standard trading hours will be generally Monday to Saturday till midnight and Sunday night till 10.00 p.m. Existing hours will be maintained. I do not seek prescribed trading hours, but the local community should be involved in setting acceptable trading hours. That should be a key factor. That also extends to the small bars bill in relation to trading hours, the impact on the community and so on. There must be more local involvement. A mayoral minute report states that the following resolution was passed:


      That local Council be given a consent role in the determination of licensing hours in licensed premises.
That was the council's main concern about this bill. The mayoral minute continues:

      At present, a Council has the right to make a submission to the Licensing Court in response to an application but such submissions appear to carry little weight By giving the Council, and therefore the community, a consent role is proper and logical as the Council understands the local conditions well, appreciates the impacts felt by local residents and, as at present, picks up the "tab" for the costs associated with mitigation
Although I support the overall thrust of the council's argument, I do not believe the local council should have the sole consent role. I believe it should be the council, local precincts and the liquor accord. The bill should provide a mechanism to determine whether a venue's trading hours are acceptable to the local community. Further, before locking in new standard trading hours, existing trading hours should be looked at. My final concern relates to surf life saving clubs. This legislation provides an excellent opportunity to support the operation of these clubs. In the Year of the Lifesaver, all the lifesaving clubs in my area—Manly, North Steyne, Queenscliff, Freshwater, South Curl Curl and North Curl Curl—require support in every capacity, particularly in relation to facilities and amenities.

Requests for grants will be made to the Minister for Sport and Recreation in due course. With this bill we have an opportunity to provide for surf life saving clubs to hold functions in the confines of their premises. The local community should support and embrace their surf clubs. Local government involvement is included in the draft regulations to allow flexibility. Approval to hold functions should not rest solely with the local government. The bill should include a provision to enable a commonsense approach by both the State Government and local government. I thank the Minister for bringing the bill to the House. I trust he will take on board these recommendations.
 

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