NICK Griffiths MLC recently appointed a panel to review the operation and effectiveness of the laws regulating the liquor industry.
At the time of announcing the appointments the minister said there would be ‘a wide ranging brief to examine all aspects of the liquor industry’.
Over the years, as community attitudes to liquor have evolved, the laws relating to selling and supplying liquor in this State have changed.
For example, the 1970 legislation entrenched the interests of licensees by establishing a system for objecting to new licences on commercial grounds.
At the same time, different types of licences including taverns, were created to meet new drinking and socialising habits.
The situation changed dramatically with the 1988 act when the underlying philosophy of the law shifted priorities to the public interest in determining whether to grant or refuse applications for licences.
In the past decade the introduction of the concept of responsible serving of liquor led to the current mandatory training and harm minimisation regimes.
Further amendments have occurred reflecting society’s shifting attitudes by enshrining the importance of the concept of preventing harm and ill health due to the use of liquor.
Consequently, the Health Department, has become a participant in many licensing cases.
Although the need or requirement test, which must be satisfied for the grant of new licences has continued, the test in recent years has been refined and toughened in the case of liquor store applications.
By way of contrast in some jurisdictions, such as Victoria, the test has been substantially removed.
The new review panel will no doubt be mindful of these and other developments.
One such other consideration the panel will most likely closely examine is the very recent alteration to the liquor laws in New South Wales.
In that State since August 1, things have taken a completely different turn in relation to liquor stores and hotel licences.
Now a mandatory requirement in dealing with such applications is the process described as ‘social impact assessment’.
Social impact assessments are compulsory. They require a consideration of a whole range of information addressing social factors, the nature of land use and development in the surrounding area.
Consequently, detailed information on population demographics for an area where proposed premises are to be situated including crime and health indicators and density of licensed premises are relevant.
WA is arguably the most heavily regulated State in relation to its liquor laws.
Whether the situation over here is to become all the more complex or more liberal, as is the case in Victoria, is yet to be seen.
All of those people involved in the industry will, in the interim, await the actions of the review panel with keen interest.
James Tresise, solicitor
9288 6887
Dan Mossenson, chairman of partners
9288 6769
Phillips Fox