WA to liberalise liquor laws - let's drink to that

Calls for the liberalisation of liquor licensing laws have been heeded by the state government which this week announced sweeping changes to way alcohol can be sold in Western Australia.
The government has adopted most of the key recommendations of a review headed by former banker Jim Freemantle, allowing WA to catch up with other states.
This included allowing restaurants to apply for a licence to sell liquor without serving a meal, replacing the public needs test with a public interest test and allowing bottle shops to trade on Sundays in the metropolitan area..
Another key change will be the abolition of the liquor licensing court, to be replaced by a commission.
In addition, racing and gaming minister Mark McGowan said the government was adding a new concept, that of a small bar license that provided for outlets catering for up to 100 people.
"That will help encourage more of those smaller bars that we see in places like Melbourne," he told WA Business News.
Premier Alan Carpenter reiterated this point at joint press conference with Mr McGowan today to announce the changes, pointing to Melbourne's bar culture rather than WA's focus on the beer barn
"Western Australia has been in need of reform in this area for a long time," Mr Carpenter said.
"Ordinary people that want to have a glass of wine in a restaurant or go to a small bar, not a big pub, will now be able to do it."
He said to balance the liberalisation, authorities and police will have greater powers to control problem drinkers and difficult situations.
Mr Carpenter expected to have the new laws in force next year.
The WA Chamber of Commerce and Industry welcomed the change as "sensible and timely".
A spokesman said the changes brought liquor laws up-to-date with community lifestyles with a balanced and responsible policy change.
Numerous other industry groups from the hospitality to tourism have previously backed the review's recommendations, though the Australian Hotels Association has been cautious prior to today, suggesting that its members may require compensation if stripped of their regulated competitive advantage.
Valentinos Restaurant proprietor Rob Smales said the existing laws are anti-competitive and meant restaurants always lost because.
"It's been difficult for restaurant owners for a long time, we've had to regulate ourselves," Mr Smales said.
"I think it will change the culture of our city."
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See below fot the full announcement:

New liquor laws to improve choice, flexibility for public and business.

The State Government is to push ahead with a major overhaul of the State's archaic liquor laws to provide more choice for consumers and boost small businesses.

Unveiling the Government's reform package today, Premier Alan Carpenter said the Government would put in place tough safeguards against anti-social behaviour and alcohol related harm, while reducing bureaucratic red tape for licensees.

Key changes include:
- giving restaurants the option of serving drinks without a meal;
- creating a new 'small bar' licence category to encourage a more vibrant cafe-style liquor culture;
- setting up a new Liquor Commission to replace the Liquor Licensing Court, providing a less legalistic and less costly licensing process;
- replacing the anti-competitive 'needs' based test for new licences with a fairer 'public interest' test;
- allowing metropolitan liquor stores to open on Sundays, in line with hotel bottle shops; and
- new policing and harm minimisation measures to promote responsible drinking.

In a win for Country Labor, the Government has ruled out Sunday trading for liquor stores in country areas.

Mr Carpenter said the package was developed after extensive consultation with community and industry groups.

"These changes will give people more choice and encourage tourism," the Premier said.

"They will also balance people's expectations of being able to enjoy a drink responsibly with the community's right to enjoy themselves in safety."

Racing and Gaming Minister Mark McGowan said the package of amendments would be brought into Parliament during the Spring Session and would take effect in 2007.

"One of the key recommendations is to allow restaurants to apply to sell alcohol without food," he said.

"This will mean that people wanting to enjoy a quiet glass of wine or a beer in a relaxed, uncrowded venue, will be able to do so without having to eat a meal.

"Restaurants can currently obtain a permit to sell drinks without a meal but only in a designated area of the restaurant which does not exceed 20 per cent of the seating capacity. This means that if people want to join family and friends for a drink but do not want to eat, they cannot sit at the same table.

"We will be changing this nonsensical rule, which is out of step with modern community expectations."

Mr McGowan said the new laws would also allow metropolitan bottleshops to open on Sundays, putting them on a level playing field with hotel bottleshops which already trade seven days per week.

"It does not make sense that one section of the industry enjoys a privilege that is denied others," he said.

"We also want consumers to have the choice about where they can buy their liquor."

The Minister said the move to a fairer public interest test and the introduction of the new 'small bar' licence would encourage diversity and innovation within the liquor industry.

"These initiatives will encourage the development of a vibrant, yet low-risk, drinking environment tailored to changing expectations in the community and the business and tourism sector," he said.

Clubs will also be major winners under the new laws with more flexibility to hold
non-member functions.

Mr McGowan said another key feature of the new legislation was a strong emphasis on law and order, with a particular focus on removing criminal elements from the liquor industry.

"Large-scale events, such as Schoolies Week and Skyshow, have demonstrated that police need additional powers to deal with antisocial behaviour," he said.

"We will be giving police powers to seize and destroy opened liquor, impose bans on the sale of packaged liquor in designated areas, arrest people who refuse to 'move on' after being evicted from a licensed venue, and to seize IDs which are suspected to be false.

"Another new provision will see it become an offence for a juvenile to be in possession of liquor in a public place. The laws will also prevent criminals and people known to associate with criminals from owning, managing and working in licensed venues."

Mr McGowan said the reforms would also have a strong focus on harm reduction by making it easier to enforce liquor accords, ensuring free water, not extending Sunday trading hours for pubs and nightclubs, and abandoning the notion of a declared entertainment precinct.

Licensees would also see a significant reduction in 'red tape' and other administrative burdens as a result of the changes.