HOTEL AND CLUB TRADING HOURS
Matter of Public Importance
Mr FACE (Charlestown - Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development) [7.30 p.m.]: This matter of public importance relates to hours of hotel and club trading in the State. One issue which is continuously raised with me as the Minister responsible for liquor laws is the impact of late trading on the amenity of local neighbourhoods and the alcohol-related violence and antisocial behaviour that goes on around late trading premises. This issue is of concern to communities right across New South Wales, as shown in a review I undertook recently. In the past I have been fairly ecumenical about changes to the 1989 laws under the former Government, which allowed licensed premises throughout the State to apply for extended hours. Many hundreds of licensed premises have taken advantage of those changes. I mean ecumenical in the sense that at that time the Labor Party believed this to be a sensible measure.
I am starting to lose my patience with some country-based members who try to suggest that this happened only in the past couple of years since I became Minister. I said 12 to 15 months ago that I would undertake a review when the harm minimisation legislation passed through the Parliament, so it is ludicrous for those honourable members to suggest that the problem has just emerged. I have a great respect for the former member for Orange, Garry West, but he introduced the legislation, which was agreed to by the Parliament, and newer members of this Parliament should remember that. It is apparent that a problem now exists but attributing blame to the present Government is drawing a longbow. I reacted because of growing concern about extended trading and its links with increased vandalism, damage to property, and antisocial behaviour occurring in the early hours of the morning. This is particularly the case in rural towns and cities, and I have also witnessed that.
The association between alcohol and violence is complex but there is a correlation between alcohol, antisocial behaviour and late trading; people leaving premises in the early hours of the morning and causing trouble in local streets is a common denominator. The 1989 changes also included remedial measures to counter the problems caused by late trading premises. The view was held at the time that if everyone was not leaving licensed premises at the one hour the problem might decrease. Though that appeared sound in theory, it did not work in practice. Concern has been expressed that the remedial measures have not always been effective and last year I announced that a review would be undertaken. This was as a direct result of members, quite properly, raising this issue during debate on various pieces of legislation. If members have problems, they should raise them in the Parliament.
Almost 300 submissions were presented to the review, many from local government and several from members of Parliament, and this indicates the extent of the problem. However, it is clear from the submissions that opinions about late trading have differed since 1989. The submissions were lengthy and wide ranging. They have been analysed and a report is being prepared for the Government. It has taken some time because, quite frankly, I did not expect to receive such a significant input. One point that is evident from the submissions about late trading is that it is not merely the matter of hours; there are a variety of causes and issues which are important, such as the number of people on the streets at any one time. It must be also kept in mind that the majority of patrons who frequent late trading premises do so without causing any problems for themselves or the local community.
Some people maintain that people are running rampant on our streets, but it is the case that only a minority cause most of the problems. The impact of the Government’s 1996 harm minimisation amendments has also been raised. Those amendments were being considered at the time I announced the review of late trading. They changed the focus of the liquor laws to make it clear that problems related to late trading must be addressed by licence holders, the licensing court, liquor inspectors and the police when enforcing laws. In extreme cases the police and liquor inspectors now have powers under the Government’s enforcement legislation to issue closure orders for up to 72 hours. This power can be used to curb a serious problem where other measures have failed.
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It is the attitude of police that if mandatory hours are in place the problems will disappear. I am pleased that the honourable member for Orange is in the Chamber because it was in Orange that the operators of licensed premises, of their own volition and by consensus, agreed to take certain action to overcome the problem. One should not be deluded into believing that the problem has disappeared, though it disappeared for a while in some places. However, with the onset of summer the problem became evident in local parks and on river banks where people went after licensed premises closed. Police received many complaints about disturbances at private residences where people wanted to bat on after they left the licensed premises. The suggestion by the police to close all licensed premises at the same time is not a simple suggestion. For some reason younger people like to start their partying at 10 o’clock or 11 o’clock. I do not accept what the police continually tell me: that that will be the end of it.
Last month Gilgandra police closed a local hotel for 72 hours because of repeated acts of violence and antisocial behaviour - an extreme measure that was not taken lightly. There had been complaints over a long period of time and the police established a pattern. I understand that the situation was so bad that ambulance officers were not game to go on the premises for fear of being injured. With the advent of the warmer weather, this legislation could help residents. The Government will closely examine the experiences of this summer to determine the effect of the harm minimisation provisions and the enforcement package on late trading problems. Since the harm minimisation provisions have passed through this Parliament a number of factors have emerged and given people some relief without going overboard.
The Government expects the principles and mechanisms put in place by those provisions to be effectively used to address many of the late trading problems. The late trading report that is being prepared will be considered when the Government decides whether further action is needed to complement those harm minimisation changes. Time precludes me from going into all the aspects of the responsible service of alcohol, and industry concerns about the lack of co-ordination in the responsible service of alcohol and training for the liquor industry.
The Department of Gaming and Racing is working with other government agencies - such as the Department of Health, the Police Service, the Roads and Traffic Authority, and the TAFE arm of the Department of Training and Education Co-ordination - to ensure that effective and co-ordinated service of alcohol training is available to the liquor industry. People in the industry have previously raised concerns about a perceived lack of co-ordination in training because a number of agencies are involved in providing workshops in an area at any one time. This is a valid industry concern and the Department of Gaming and Racing has taken action to address it. This issue is of concern. I hope that tonight I am able to glean some more information to assist in this ever-present problem.
Mr JEFFERY (Oxley) [7.40 p.m.]: As the Minister for Gaming and Racing acknowledged, I made a submission to the review. I speak in the debate on behalf of country members of Parliament, both National and Liberal. However, I am sure that members who represent city areas face similar problems. The issues surrounding hotel and club trading hours are of public importance and concern, particularly in country areas. The retailing of liquor and the hours that alcohol is served are issues of major concern in many communities. I have been affected by the problems associated with those influenced by alcohol. The recent review of late trading in licensed premises and clubs highlights those valid and relevant concerns. The review specifically targeted alcohol-related violence and antisocial behaviour which can occur in and around licensed premises and registered clubs in the early hours of the morning.
The Minister said that the review received more than 300 submissions and that he extended the deadline for submissions by three months because of the positive response to it. In my submission to the review I expressed my long-held concerns about trading hours. I am not a wowser - I have worked in the shearing sheds and I like a drink, but there has to be a limit. My youngest daughter was married last Saturday week. Some years ago she was home from Sydney and was getting ready to go out at 10.30 p.m., while I was getting ready for bed. I asked her, "What are you doing?" and she replied, "I am going to the club." I said, "It is 10.30 p.m. What are you going out now for?" and she replied, "This is when it starts." I asked her, "What would you do if the club closed at 11 p.m.?" and she replied, "I would have gone out at 8 p.m." That was a good lesson for me as a parent. The clubs should close earlier. When people go home late at night the whole town is disrupted - how marvellous it is that one changes one’s mind after one turns 25!
A lot of problems are associated with late trading premises - such as registered clubs, hotels, restaurants and night clubs - and the consumption of
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alcohol. However, the problem is not restricted to those types of premises: teenagers get some grog, such as Jim Beam, some marijuana and become schizo. They go to the headlands along the north coast - such as South West Rocks, Nambucca Heads and Crescent Head - and other areas and pass out on the beach, where they can be found at about 6.00 a.m. Someone gets the alcohol for them and they combine it with drugs. They are found in a shocking mess the next morning. This issue is of major social concern in country areas. Late trading has the following impact on local neighbourhoods and communities: noise, violence, drink driving, vandalism, and abusive and antisocial behaviour. On the night of my daughter’s wedding a number of children, aged between eight and 14, tried to break into my house. Why do their parents not know where they are? I rang the police. The next afternoon they broke lights around town. There is a massive problem with alcohol and other substances.
A number of problems are associated with people leaving licensed premises: vandalism to private property, the breaking of shop windows, excessive noise, and amplified music from within the premises from live bands and disc jockeys. I am not a wowser, but there has to be a limit on the time that people are subjected to this sort of noise. Motor vehicles leave car parking areas of licensed premises at all hours of the night and large groups of patrons congregate outside the premises for prolonged periods after closing time and local residents are disturbed. Licensed premises cease selling alcohol when the entertainment concludes. The problems are becoming more than routine for local police and councils. I feel sorry for the police who face these situations.
Late trading imposes a huge cost on the budget of the Police Service, a cost that is passed on to New South Wales taxpayers. When the hours of licensed premises are extended the police must work shifts, particularly at times when there is likely to be trouble. Takeaway food rubbish is littered around the streets by people influenced by alcohol - some mornings the streets look like a scene from a Mad Max movie. Other problems include the parameters of security control and intervention, emergency situations, the combination of drugs and alcohol, and road accidents. I refer to an article that appeared in the Newcastle Herald on 24 March entitled "Alcohol-related crime almost at 60% in Newcastle: report", which stated:
A report issued by the Hunter District Licensing Police and the Hunter Centre for Health Advancement (HCFA) has revealed that almost 60% of alcohol-related crimes occurred in the Newcastle police patrol.
Drink-driving was a factor in 31% of alcohol-related offences, with assaults making up 25% and offensive behaviour coming in at 11%.
Almost 40 per cent of offences occurred between midnight and 3.00 a.m. and a further 27 per cent between 9.00 p.m. and midnight. Offences were reported in relation to licensed and non-licensed premises from Catherine Hill Bay to Hexham. It is a massive problem. As the Minister said, not everyone abuses alcohol; the great majority of people do not. Clubs and hotels provide an important service to the community. They provide good meals, pleasant surroundings, and in most cases responsible service of beverages, alcoholic or otherwise. They also provide sponsorship for sport and donate generously to their communities. The Kempsey-Macleay RSL Club provides a courtesy bus for patrons. That helps to eliminate disturbances in town and provides security for people leaving the club. Other clubs and hotels in my electorate have voluntarily reduced late trading hours in order to provide an appropriate environment for patrons and to address some of the more negative aspects of late trading. We have to give them a pat on the back where it is due.
The liquor industry is generally responsible in dealing with situations in a self-regulating manner. Clubs and hotels are not always situated in central business districts; they are usually located away from residential areas. Although noise complaints are not common, they nevertheless occur. People congregate in malls and main streets in the early hours of the morning and carry out acts of vandalism. There needs to be a level playing field, and we should consider not only hotels and clubs but other liquor outlets which are open throughout the night. People buy liquor at those outlets and consume it on river banks and at other places. Hotels and clubs have probably been unfairly singled out; all liquor outlets should be considered. The common denominator is late trading. The behaviour of people leaving premises in the early hours of the morning can and does create havoc in local streets. I have received death threats, three of which have been dealt with by the courts. I believe those threats are the result of mixing alcohol and marijuana. Drinking Jim Beam and smoking marijuana sends people completely off the planet.
The alcohol-related violence and antisocial behaviour that occurs in and around licensed premises at night is indisputable, and it is therefore appropriate for this House to seriously consider the problems associated with late trading. Early trading can also create a bad environment for problem drinkers. As a member of the National Party’s community behaviour committee which visited country areas around the State, I became only too
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aware of the special problems caused by excessive drinking. [Time expired.]
Mr NEILLY (Cessnock) [7.50 p.m.]: I concur with the views expressed by both speakers in this debate. Hotel and club trading hours are a matter of public importance. As a youngster living in Abermain in a relatively stable household, the only rift of any dimension that I recall was when a referendum was held into extending hotel closing hours from 6.00 p.m. My mother thought you could wipe yourself out pretty well before 6.00 p.m. without going any further, and she wanted the status quo to remain. My father, of course, wanted the hours extended. In 1989, as part of the alleged internationalisation of New South Wales, it was decided to extend hotel trading hours to bring them into line with trading hours in Europe. I do not believe that extension of trading hours was meant to apply across the State; it was meant to apply to areas visited by international travellers.
Many councils did not take any notice when the hours were extended but when problems ultimately arose they became concerned. Five hotels in my electorate have extended trading hours, and each has experienced problems. Many young people begin their night out at about 10.30 or 11.00 p.m. Their lifestyles are determined by the extension of trading hours. Many places which have extended trading hours operate with good security arrangements. That is not the problem. The problem is what happens outside those premises, particularly when the last place has closed. People go to the last place open, like bees to a honey pot, and when it closes the problems start. Security arrangements should extend beyond the premises as a condition of extended trading hour licences. I concur with some of the measures that have already been adopted by the Government, such as police intervention and closing premises for up to 72 hours if problems occur.
Excellent harm minimisation measures have been taken by the Minister and his department to encourage hotels and clubs to adopt more responsible drinking patterns. I also concur with measures to enable registered clubs - bowling clubs in particular - which provide sporting outlets to have junior members on their premises, and to enable hotels to provide entertainment for minors, under strictly regulated conditions. We should ask ourselves whether there is a bona fide need for hotels and clubs to have extended hours, and whether something can be done about those who offend against society and bring themselves into disrepute.
I received complaints from a woman who lived in Nulkaba, in the vicinity of a hotel called Potters Tavern, which has now closed. The woman complained that a young girl was lying in the grass, drunk, at 5 o’clock one morning. We have a social responsibility to look after the residents of this State and to accommodate their bona fide needs. I hope the outcome of the review that has been undertaken by the Minister will provide for each of those elements that I refer to: socially responsible drinking, harm minimisation, and any conflict that could arise from the actions of those who behave badly or in an unsociable fashion when they have been drinking.
Mr FACE (Charlestown - Minister for Gaming and Racing, and Minister Assisting the Premier on Hunter Development) [7.55 p.m.], in reply: I thank the honourable member for Oxley and the honourable member for Cessnock for their contributions. Quite rightly the honourable member for Oxley said that premises other than hotels and clubs are equally guilty. I recently introduced a bill in regard to nightclubs, and only today I have been pressured by that section of the industry to further extend trading hours. I have said that unless I am otherwise convinced, the 3.00 a.m. closing will stop in those country areas and nightclubs will have to apply to the court for any variation.
The honourable member for Cessnock said the 1989 legislation was introduced to internationalise the city. I do not believe extended hours were meant to apply right across the State. Each time I travel to the country I am told by council representatives how difficult it is for them to play a part in the process of extending trading hours and licensing. The policy section of my department compiled a booklet which was distributed to councils. After speaking to mayors and chief executives of councils, I was astounded that they know nothing about it. In future there will be no excuses. I have written to every mayor and to every chief executive officer in this State and informed them about this booklet. Obviously council bureaucracy got hold of the booklet and sent it to the health and building departments and the people to whom I referred know nothing about it.
We spent a lot of money in an attempt to inform them that they can play a role in applications for extended licensing hours. The honourable member for Cessnock referred earlier to security outside licensed premises - a matter that emerged as a result of the late night review. One of the options open to me is to try other pilot schemes before I reach any conclusions. If people want to trade late
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into the evening, conditions relating to security inside and outside the premises might be placed on them. Another problem that was referred to earlier was under-age drinking. I am glad that the honourable member for Cronulla is in the Chamber tonight as he has also made reference to this major problem. The Government recently introduced legislation which brought about changes to junior membership of registered clubs.
A large number of problems are still being experienced with the illegal activity known as secondary purchase. Increased policing of licensed and registered club premises and the vigilance of liquor licensees, club managers and their staff in keeping under-age drinkers off their premises has led to under-age drinkers resorting to this activity as a means of obtaining alcohol. Under-age drinkers, some of them children as young as 12, are vulnerable. The department has evidence of this type of activity. An adult who supplies liquor to a minor is not only condoning the minor’s illegal behaviour; he is openly flouting the law and contributing to the problems associated with under-age drinking. Adults cannot say, "I was 17 once and I know how it feels." Adults who purchase liquor for a minor and then supply that liquor to a minor are breaking the law. The sooner they get that through their heads the better. The Government has taken action to address this problem - I have strong convictions about it - by significantly increasing the penalty for this offence.
Adults who purchase liquor for minors will be liable to a penalty of $5,500. I have gone further than that because of the celebrated case of Leigh Leigh. Liquor was supplied to a minor, which led to a subsequent death and rape. In addition, a new maximum penalty of $11,000 or 12 months imprisonment will be imposed. That will apply in cases where the supply of liquor by an adult is considered to be sufficiently serious to warrant consideration of that higher penalty, for example, where the supply involves large amounts of liquor, or the supply of liquor to young children. Recently, a woman in my electorate quite stupidly bought a keg for her daughter’s sixteenth birthday party. The Government has produced a special brochure for high school students that highlights the offence of under-age drinking - another important measure being undertaken by my department to try to stem some of these problems. The Government will continue to address the under-age drinking problem. I thank those honourable members who contributed to the debate. Trading hours will remain a concern for a long time to come. There is no easy answer, but we are determined to try to do something about it in the long term.
Discussion concluded.