Debate resumed from 24 September 2009.

Mr GEORGE SOURIS (Upper Hunter) [5.28 p.m.]: I have pleasure in leading for the Liberal-Nationals Coalition on the Liquor and Registered Clubs Legislation Amendment Bill 2009. I indicate at the outset that following discussions with the Minister and the Minister's agreement to amend this bill by a Government amendment, the Opposition will not oppose this bill after the amendment has been made. The bill contains many, many parts because it seeks to tidy up the implementation of the rewritten Liquor Act, which commenced on 1 July 2008, and deal with a number of unintended consequences, even some errors of drafting and so on.

The bill refers to registered clubs. A number of positions will be rectified very much to the advantage of the registered club movement. In particular, clubs will be allowed to issue seven-day temporary memberships, outdated membership limits that are more than 40 years old will be removed—those limits referred to capacity limits at a time when clubs were overcrowded and there were fire issues and other issues that are outdated now that building laws have progressed and such aspects are covered—and they will be allowed to operate commercial catering to strengthen club businesses. I will be very pleased to see that happen because it will allow clubs to diversify their activities and lessen their dependence on gaming revenues. Clubs usually have a significant investment in catering operations. The bill will now enable them to be a little bit more commercial and to carry out catering operations to an even greater extent, perhaps at times when they would not otherwise be as busy.

A number of provisions relate to the Liquor Act. Rather than deal with each and every one of them I simply indicate that the Opposition will not oppose this bill provided an amendment is made concerning one item. The bill included a new section to the Liquor Act, section 80 (9), which would deny people the right to legal representation in the event of noise disturbance dispute conferences. Unfortunately, this aspect of the bill focuses our attention on a very, very big problem in the way in which this Government has dealt with issues relating to liquor: the responsible service of alcohol in our community and the management of liquor licensing throughout the State. We have experienced one policy yielding to another policy yielding to another policy on a very regular basis over the past few years. This matter had a particular focus when the Premier issued a press release during November 2008 for the implementation of a list of 48 licensed venues on 1 December 2008.

This list was supposed to be an active list to be added to and deleted from according to statistics, but a number of licensees took the Government to court. The Government introduced emergency legislation in literally one day to effectively win the court case, which I thought was an extraordinary moment in the legislative history of this place. I will not go through all those old issues now, but it was quite an extraordinary defeat of an ordinary citizen's right to be heard in another place and to have recourse to an appeal through the court system. The blurring of the separation of powers that occurred on that occasion was beyond my belief. But the list has never moved. As it turned out, it had to be legislated and the Government considered—once again by announcement—a star-rating system. That plan was abandoned prior to its implementation because it was going to be unworkable.

Now we have a list of 100, a ranking system yet to be implemented and a proposed regime of management that goes with it. I am just pointing out that it has been a very volatile period of time in the whole area of liquor licence management by this Government. This bill will rectify errors of drafting and unintended consequences and will make other minor amendments to all sorts of items. It is like putting a focus on the portfolio with a statute law reform type of bill. But to have nicely tucked away in the bill the elimination of a citizen's right to legal representation is utterly unacceptable; it is a denial of natural justice and we will oppose it.

Quite a number of third parties, including the Law Society of New South Wales and the Australian Hotels Association, were very strongly opposed to this bill, even though the bill was something that they had sought. A number of licence applications that had not been completed by the Liquor Administration Board when it was abolished have remained in limbo all this time because the replacement Act did not give jurisdiction for a flow-on to the Casino Liquor Gaming Control Authority. This bill now does that. I believe there are seven applicants who have been desperately waiting for this bill, but I spoke to their legal representatives, I spoke to the Australian Hotels Association and I spoke to the Law Society and it was considered that the issue of natural justice had far greater importance to those applicants than the time delay.

I thank the Minister for engaging in these discussions and negotiations. I thank those third parties I have already mentioned and the number of lawyers, who are too numerous to mention, for their contributions to this issue. I am pleased that the Minister will move an amendment that will eliminate proposed section 80 (9). The bill will then do many good things and it will not be contaminated by that rather noxious denial of natural justice in our society. I commend the bill to the House.

Ms MARIE ANDREWS (Gosford) [5.40 p.m.]: I take much pleasure in supporting the introduction of the Liquor and Registered Clubs Legislation Amendment Bill. Social, demographic and commercial changes over the past 10 years have increased the challenge for clubs to remain competitive and sustainable. As many members would be aware, in June 2008 the Independent Pricing and Regulatory Tribunal released its report of the most comprehensive review into the registered clubs industry in New South Wales. The Government commissioned this review in March 2007 as part of its commitment to ensuring the New South Wales clubs movement remains sustainable and the valuable community support it provides is maintained.

The Independent Pricing and Regulatory Tribunal examined a wide range of issues and challenges facing clubs, including the social and economic contribution clubs make to the community, the commercial, social and regulatory pressures on the industry, and emerging industry trends. It also looked at issues relevant to club governance: reducing red tape, improving financial management and identifying training and development needs. The review also recognised the different needs of clubs in metropolitan, regional and remote areas. The report confirmed the significant contribution clubs make to the New South Wales economy and the need for continued government support. The report also estimated that the value of clubs' contribution to social infrastructure in New South Wales in 2007 was $811 million. The Independent Pricing and Regulatory Tribunal made 69 recommendations in its final report. Many of the recommendations relate to financial reporting and benchmarking, education and training to improve club management, diversifying club operations and measures to ensure industry viability.

ClubsNSW has responsibility for implementing the majority of the recommendations, with other recommendations being implemented by the Government. Some of the recommendations require considerable development work by the club industry. In this respect, ClubsNSW has been working with representatives from club industry bodies and the Office of Liquor Gaming and Racing to progress the implementation of the recommendations. This involved ClubsNSW establishing various subcommittees to consider specific areas relating to the Independent Pricing and Regulatory Tribunal's key recommendations. As part of that process, the Government is also working with ClubsNSW to help establish a club viability panel to identify and help clubs in financial difficulty. The Government is working with ClubsNSW to establish a pilot scheme in a number of areas in which struggling clubs are located.

These are complex issues and this work may lead to other changes to the registered club laws. The proposed amendments to the Registered Clubs Act implement the Independent Pricing and Regulatory Tribunal's recommendations to remove unnecessary regulatory restrictions on clubs. This will enable clubs to issue seven-day temporary memberships to reduce costs and increase visits, to remove outdated membership limits, which are more than 40 years old, and to expand their catering operations to strengthen their businesses. Under the current law temporary members are required to sign a register each time they enter a club's premises. The Independent Pricing and Regulatory Tribunal recommended that the Registered Clubs Act be amended to allow clubs to issue seven-day temporary memberships. While having to sign in for each visit does not necessarily provide a disincentive to all patrons visiting a club, the proposal would be especially useful for clubs that have relatively high levels of temporary member visitation, especially those in tourist and business centres.

The Government agrees that there is scope to make the sign-in process for temporary members more flexible and reflective of the individual circumstances of clubs. The proposed seven-day membership would allow the patron to visit the club during that period without having to sign in for each visit. The patron would still need to present his or her temporary membership as he or she entered the venue for each visit. Under the flexible arrangements individual clubs can decide how many days of membership a temporary member is entitled to without having to complete the sign-in register. If a club wants a temporary membership of more than seven days, the amendment will allow it to apply to the Casino Liquor Gaming and Control Authority. The authority may approve longer periods of up to 30 consecutive days.

The Independent Pricing and Regulatory Tribunal also recommended that the Registered Clubs Act be amended to remove outdated membership limits. The Act currently restricts club membership numbers, but that can be varied through application to the Casino Liquor and Gaming Control Authority. Few applications have been received in recent years and all have been approved. The provision is outdated and causes unnecessary red tape. It has been in place since the late 1960s and appears to have been introduced to address concerns about venue overcrowding. These overcrowding issues are now adequately addressed through planning and fire safety regulations. This bill will delete the provision from the Registered Clubs Act.

The Government is also assisting clubs in reducing their reliance on gaming machine revenue by allowing them to diversify their businesses into areas such as health and fitness, childcare, and retail and residential interests. The Registered Clubs Act currently prohibits clubs from providing off-site catering at functions sponsored and paid for by persons who are not members of the club. This bill will amend the Act so that clubs can cater off-site to non-club members. That will enable clubs to expand their business activities and be competitive in the market.

This bill also contains a range of miscellaneous liquor law amendments. The new Liquor Act, which commenced in July last year, was a significant departure from the previous liquor licensing arrangements. Since July 2008 a number of implementation issues have been identified that require amendments to the liquor laws. Also, after 12 months of operation it is appropriate to undertake some finetuning to clarify issues that have been identified by stakeholders that also require amendments and the amendments in this bill will achieve that. They are routine and machinery-type matters that will assist in the efficient and effective operation of the liquor regulatory system. I take much pleasure in supporting the bill and commending it to the House.

Mr GEOFF PROVEST (Tweed) [5.47 p.m.]: The Liquor and Registered Clubs Legislation Amendment Bill deals with a subject that is very dear to my heart because I spent 27 years managing clubs. This bill represents the first positive moves from this Government affecting the club industry of New South Wales. I led the Tweed Heads Bowls Club, which had a very large membership, and I worked at the great Revesby Workers Club and before that at the Georges River 16ft Sailing Club. The club industry campaigned long and hard for change, but for a long time the Labor Government has forgotten about all the good community work the industry has done. We are now suffering the effects of that policy.

The amendments to the provisions covering temporary membership are a good move. When I was employed at the Tweed Heads Bowls Club we had between 20,000 and 40,000 visitors a month, particularly in winter when our Victorian visitors joined us and during the school holidays. That influx of visitors would cost us about $80,000 a year for stationery and would result in long queues in the foyer. Our close proximity to the border also presented difficulties. About 47 per cent of our patrons were from Queensland and they obtained temporary membership. Removing the outdated membership limits will also assist the clubs industry. I applied for an increase in the membership limit on many occasions and it was an arduous task. I was also working at the club at the time and played a small part in achieving the repeal of section 23 (1) (g) of the Tax Act. Tweed Heads Bowls Club and a bowls club at Port Macquarie set a precedent and we received a massive $3.5 million refund.

The provisions allowing registered clubs to operate commercial catering operations will strengthen their financial position. Many years ago, in the mid 1990s, I took the step as general manager to branch out. We created a liquor shop past the sign-in point for our members and temporary members. We also took the step of creating our own butcher shop and our own bakehouse. Not only could we supply our own club product but we could also supply our shop. That shop had a tremendous effect on the financial viability of the bowls club. Effectively, the profit we made from that shop in the foyer funded the cost of the reception point. We made a profit of around $180,000 a year, and that was the labour content of the cost of running the foyer seven days a week. Recently I attended the New South Wales Registered Clubs convention on the Gold Coast. The Minister and the shadow Minister were there and both made very positive contributions.

Mr Thomas George: I hope it was the Tweed section.

Mr GEOFF PROVEST: I take the point of the member for Lismore. I have been working with the Twin Towns Services Club, which is well on the way to creating its own convention centre which, hopefully, will see New South Wales conventions come back across the border. We get quite parochial about that. In creating those extra things we are always hamstrung catering outdoors. In the early 1990s, when Richard Face was gaming Minister, there was a clear intention by the Government that ultimately taxation levels would increase and clubs had to start to diversify. I even went down the line of trying to encourage the Bendigo Bank to relocate to the club because a lot of our local banks were closing, but that is still prohibited under the Registered Clubs Act and the Liquor Act.

I can understand the concern about banks being adjacent to gaming machines. While I am not opposing these conditions, I think we need to look further into the future viability of our clubs and give them the opportunity and ability to do that. I know the Bendigo Bank was keen to locate there. It had good support from the 20,000 or 30,000 members of the club. Our mainstream banks were closing down but we were still prohibited under the Act to locate the bank even on the outside of the club where there was no internal access from the bank to the club. A lot more needs to be done there. I am a director of Bowls Australia, the national lawn bowls group. I am the longest-serving director. I have been there 14 years. I think I am the only living life member.

Mr Kevin Greene: Didn't you stand down?

Mr GEOFF PROVEST: No, I am standing down in about three weeks. A very good friend of mine, Ian McKnight, recently was elected as President of Bowls New South Wales. According to surveys we conducted, particularly in bowls clubs—and members know that most small communities throughout New South Wales have a bowls club—it appears that currently 60 per cent of them are technically insolvent.

Mr Kevin Greene: I have rolled up to a few.

Mr GEOFF PROVEST: The President of Bowls New South Wales made mention to me of the bowling prowess of the Minister. I made the comment, "I hope you let him win," and they assured me they did. This legislation is a positive step for the club industry. I believe there is a new air of consultation. I understand the majority of these provisions have come from the Independent Pricing and Regulatory Tribunal report. Representatives of Clubs New South Wales and other major clubs are endorsing these provisions as well. With regard to outdoor catering, many years ago I was approached by the general manager of the Foster-Tuncurry Ex-Services Club, a very large club in the Myall Lakes electorate. I was approached on the weekend by that general manager and he assures me their shop is going extraordinarily well and the club plans to expand it. It is a very well-run club.

There are other provisions to restore trading rights that existed in the former Liquor Act for hotels and on-premises licences for Sundays, Christmas Day and Good Friday. The legislation also aligns the rules governing cider, sherry and mead producers with wine producers and allows metropolitan brewers and distillers to sell direct to the public from their licensed premises. This is all very well. We have one winery within the Tweed, and I am sure it will be pleased with some of these provisions. The legislation clarifies that a business owner may apply for the transfer of a liquor licence. This provides greater clarification.

One of the overriding concerns not only in my area but in many other areas is the amount of violence associated with liquor venues. In the Tweed we are a little different. We have that unusual thing where the majority of our liquor areas shut down at a reasonable time, at one o'clock or thereabouts, but unfortunately across the border—and this is exacerbated at the moment with the difference in time zones—they go to 3 o'clock or four o'clock. Many young people then cut across the border and create antisocial behaviour on the streets of the Tweed. Unfortunately, at times a negative picture is painted of our liquor industry, yet it has conducted its business in a responsible manner. Unfortunately, I need to inform the House that in the past several months two young people have been murdered on the streets of Coolangatta adjacent to liquor venues. Greater work needs to be done in that area.

Our liquor accord works extraordinarily well. Bureau of Crime Statistics and Research figures for this year are not available yet but in 2007 our licensed premises had 127 offences under the Liquor Act. That has dropped to 88 in 2008 and I estimate there will be a further drop in 2009. There has been a good rapport with the Department of Gaming and Racing following the implementation of a number of these provisions. The Tweed alone has around 150 liquor licences—that is, restaurants, bottle shops, pubs and so on. Liquor is a big concern in my electorate. For seven years in a row we had the highest incidence of drink-driving per head of population of any electorate in New South Wales, which is a big shame file. Massive amounts of alcohol are consumed. We have a population of 80,000 and about 50,000 Queenslanders a day cross the border. The two largest beer manufacturers in the nation have compared notes on that, and we consume well over three million litres of beer, which is a real problem.

I do not oppose this bill. It is long overdue. I ask the Minister to look also at other issues, especially those affecting registered clubs. Let us try to make procedures simpler. Clubs, particularly the small clubs, are doing it tough and they are trying to the best of their ability. Once again, I am 100 per cent for the Tweed.

Mr GERARD MARTIN (Bathurst) [5.58 p.m.]: I am 150 per cent for Bathurst. I support the Liquor and Registered Clubs Legislation Amendment Bill and congratulate the Minister for Gaming and Racing on the work he has done to date. The new Liquor Act has been in place for a little over 14 months. It represented the most significant reform to the liquor licensing laws in this State for a quarter of a century. It replaced the former court-based licensing system with a new administrative-based system that has provided real benefits for industry and the community. A key objective of the laws is the balanced development of the liquor industry through a flexible and practical regulatory system with less red tape, and that is very important. The new licensing system strikes a balance between sensible controls and allowing the industry to grow. Fees payable under the new system were reduced to assist business. These were significant. For example, the fee to establish a small bar was reduced from upwards of $10,000 to just $500.

Similarly, the fee to enable a restaurant to serve liquor without meals fell from more than $5,000 to just $50. In introducing the new licensing system the Government has also focused on overhauling forms and processes to make it easier for applicants and licensees to understand their rights and responsibilities. New record-keeping processes using the Government licensing system have been introduced to allow regulators to provide a better service to business operators and other customers. Work is underway at present to expand the availability of electronic-based applications, which will save time and costs for applicants and regulators.

The New South Wales Office of Liquor, Gaming and Racing has also produced social profile reports to help applicants and local communities better understand the alcohol-related issues that are an important factor in determining licence applications. Much of this work occurs behind the scenes and is not high profile. However, it does provide benefits to industry and the public, as well as improving the effectiveness of law enforcement, another important aspect.

During the first 12 months of operation of the new Liquor Act more than 2,100 new liquor licences were granted. Well over half of these were approved for the many community, charitable and sporting functions that are held around New South Wales every weekend. This is particularly important for regional areas. Some of the other notable outcomes during the first 12 months include 115 new producer wholesaler licences for wine producers and liquor wholesale businesses. Also, just over 420 new on-premises licences were granted for businesses ranging from restaurants and public entertainment venues to surf clubs that wish to be able to hire out their premises for private functions, giving them another income stream to carry out their important community work.

There is also evidence that existing businesses are expanding their operations by moving into complementary areas, such as restaurants that now wish to also provide catering services for functions away from their premises, which was mentioned earlier. The new Liquor Act provides the flexibility that is required in a modern regulatory system to allow these types of developments. It is also notable that more than 920 authorisations were approved for licensees during the first 12 months of the new Act. Over 500 of these permitted hotels to cater at functions away from their premises, which is a long-established right for hoteliers. A good example was at the Bathurst V8 race this year where, instead of outside caterers being used, a local licensee organised local hoteliers to provide refreshment and food at Mount Panorama. That helped the Bathurst economy whereas previously the money had gone to major corporations outside the Bathurst area.

During the first year of the new liquor laws 175 primary service authorisations were also granted. These allow restaurants to sell liquor without meals and help to provide communities with a greater choice of drinking and entertainment venues. All of these applications have been considered in the context of the objects of the new Liquor Act, which focus on balancing industry and community needs, while recognising that there must be proper controls over the sale and supply of alcohol. All members would agree there are issues around that in all our electorates.

The Act requires community consultation for high-risk liquor applications and public submissions are welcomed in relation to any application that is made. To facilitate this the New South Wales Office of Liquor, Gaming and Racing has provided an easy-to-use online system so that submissions can be made electronically. Where there are concerns about the density of licensed premises and the extent of liquor trading hours the Government has shown through recent amendments to the liquor laws that it is willing to act to freeze licence applications and prevent new 24-hour venues.

Given the very substantial changes to the licensing system introduced by the new Liquor Act, it is not surprising that some minor implementation issues have arisen. The amendments in this bill address these matters. While the amendments are minor they do bring real benefits to licensees in the community. Cider, perry and mead producers will have the benefit of the wine producer reforms introduced last year. These reforms include the operation of a drink-on-premises authorisation, along with sales of their product to the public at wine shows and local producer markets.

Ian Glen, a young man from Bathurst, went back to his parents' native Scotland, worked for one of the big distilleries in Scotland, gained qualifications as a distiller, returned to Bathurst and set up the Stone Pine Distillery on Gormans Hill Road, Bathurst. He is making a range of liquors, vodkas and the like based on native Australian plants. I am not a connoisseur of spirits—beer and wine are more my forte—but he is doing extremely well at the high end of the market.

Mr Thomas George: Bring some here and we will try it—at the next Lions Club meeting.

Mr GERARD MARTIN: I may well. Ian came to me a couple of years ago and said, "We are really stifled as a small family operation in trying to get our operation going because of the cost to set it up". It was going to cost them $15,000 or $20,000 for the initial licensing. It is now only $500. He has been able to get his business up and running and provide some pretty good headaches for people around the area. The changes to the bill also allow metropolitan brewers and distillers to sell their products directly to the public and place them on a level playing field with regional producers. That is a turnaround: metropolitan people being on a level playing field with people in the regions. The amendments provide a boost for metropolitan microbrewers, who, like their regional counterparts, will be able to make direct-to-the-public sales. This includes sales via mail order and through the Internet. The popularity of boutique beer from these producers has increased as sales of premium beer have risen. The amendments will provide these producers with increased market exposure.

The disturbance complaint amendments in the bill will benefit local communities experiencing undue disturbance caused by licensed premises and their patrons. Certain areas in my electorate are experiencing this common problem. This measure recognises that the matter must be addressed. The existing disturbance complaint process was introduced in the late 1980s as an informal means for police, local councils and residents to take actions to address disturbance to the quiet and good order of their neighbourhood. Ideally, the process should operate with minimal formality and technicality. This is set out as an object of the legislation in section 3 of the Liquor Act.

However, recent developments have seen the process become bogged down in legal argument. Instead of productive meetings where the parties to a complaint discuss and try to resolve the issues, complaint conferences have become forums for solicitors and barristers to raise points of legal argument about process. Costs have risen dramatically and local communities are at risk of being excluded from the very process that is supposed to help and protect them. This does nothing to address the alcohol-related problems being experienced by the community. The amendments in this bill are necessary to fix that, and I support them. They will help to ensure that disturbance complaints can reach a productive outcome or, where appropriate, that other regulatory tools in the new Liquor Act can be utilised instead to reduce alcohol-related problems.

Businesses and communities across New South Wales have benefited from the substantial liquor law reforms introduced by this Government, and this is another example. This bill will ensure that those reforms continue to produce better outcomes for industry, consumers and the public in general. For those reasons I support the bill.

Mr THOMAS GEORGE (Lismore) [6.08 p.m.]: I speak on the Liquor and Registered Clubs Legislation Amendment Bill 2009. The object of the bill is to amend the Liquor Act 2007 as follows:

(a) to clarify the trading hours that apply to hotels and certain licensed premises (such as restaurants) on Good Friday and Christmas Day,

(b) to restrict the granting of extended trading authorisations for hotels and licensed public entertainment venues in relation to Good Friday and Christmas Day,

(c) to enable cider, perry and mead producers, and beer and spirit producers, to sell their own products on their licensed premises directly to the public (ie, cellar door sales),

(d) to modify the way in which the Director-General of Communities, NSW may deal with complaints about the disturbance caused by or in relation to licensed premises,

(e) to make other amendments of a minor, administrative or consequential nature.

The bill also amends the Registered Clubs Act 1976 and the Casino, Liquor and Gaming Control Authority Act 2007 to provide for persons to be admitted as temporary club members for a period of up to seven consecutive days or for a period of up to 30 consecutive days with the approval of the Casino, Liquor and Gaming Control Authority; to remove provisions restricting membership numbers for clubs; and to make other minor amendments of an administrative or consequential nature. As the shadow Minister rightly said, following the good work he did with the Minister, we will not oppose this bill. The Nationals have enormous potential because the House heard from a licensed club manager and now a former hotel licensee.

[Interruption]

It is marvellous that the member for Rockdale has answers today; he did not have answers yesterday. I have always placed on record my interest in a hotel. I now can safely stand here and say that I do not have an interest in a hotel. The other day I spoke to a hotel licensee who received a letter from the Office of Liquor, Gaming and Racing informing him that eight incidents were reported against his business. He rang the office and eventually received information about those eight incidents. One recorded incident was when his hotel had been broken into at 2 o'clock in the morning and he had caught the person in the upstairs residence.

On another occasion a customer was sitting in his car at a drive-through bottle shop while his wife purchased a bottle of wine. A bloke walking past along the street saw him in the car, approached him and jobbed him in the face. Apparently the passer-by had wanted to confront this man for some time. The police were called and this resulted in the reporting of the second incident against the hotel. A further occasion involved his security personnel refusing a person entry because he was intoxicated. They are just three examples of a licensee doing the right thing but having incidents recorded against the hotel. My concern is that through the unnecessary recording of incidents this list will be much bigger than the present 100.

Mr Kevin Greene: No, we won't.

Mr THOMAS GEORGE: I hope there will be more cooperation. I will talk further to the Minister when I receive a letter from this particular licensee. Unless commonsense prevails, licensees carrying out the requirements of their licence by refusing entry to intoxicated people will have similar incidents reported against their hotel. In the instance I referred to it appears that when entry was prevented the person concerned refused to accept that decision, security personnel obviously manhandled him to remove him from the place but he kept returning and the police were contacted. The person had not even entered the premises yet that was recorded as an incident against the hotel. I have not conferred with the shadow Minister on this issue, but I believe all licensees should be required to attend liquor accord meetings. Hotel and club representatives are becoming part of these accords, but other outlets such as bottle shops that open at 7.30 a.m. and 8.00 a.m. sell just as much alcohol, sometimes more, without a requirement for the licensee to attend accord meetings.

Until all relevant participants attend these meetings to address community concerns nothing will work. A licensee must be required to attend a local liquor accord meeting. When licensed premises, police and council work together the attitude to the sale of alcohol and the treatment of the community will be more responsible and will combat a problem we all experience. Again I thank the shadow Minister for working closely with the Minister and his department. I am pleased to say that we will not oppose this bill.

Mr KEVIN GREENE (Oatley—Minister for Gaming and Racing, and Minister for Sport and Recreation) [6.14 p.m.], in reply: I thank members for their contributions to the debate. The amendments in this bill are important in helping to secure the future of registered clubs in New South Wales. They are part of a range of initiatives the Government and the club sector are working on. I commend Clubs NSW particularly for the work it is undertaking to ensure that clubs continue to contribute to local communities in the future. This bill makes finetuning changes also to the new liquor laws so that the benefits of the new licensing system continue to be realised by all stakeholders. I take this opportunity to respond briefly to a couple of points made by members.

The member for Gosford and the member for Bathurst made a number of good points and positive comments about the legislation. Their contributions certainly were appreciated. It is great also to have the bipartisan support of the shadow Minister, the member for Upper Hunter, the 100 per cent member for Tweed and the member for Lismore. I thank them for their support and their generous comments about the Office of Liquor, Gaming and Racing, particularly the comments of the member for Tweed about the great work by the office in his area. However, members on the Opposition benches still have concerns about other changes the Government made in response to alcohol-related violence. The Government has implemented strong measures. The member for Tweed indicated that alcohol-related violence is a concern in his community, as indeed it is in all communities. That is why this Government has acted so strongly.

Unfortunately, the shadow Minister made some inaccurate comments, but I shall not address them in great detail except to say that our regime clearly indicates the parameters to licensees. I am happy to discuss with the member for Lismore the matters he raised, but I can indicate that licensees and local area commands have ongoing communication regarding the recording of incidents so that people know exactly what is involved. Again, it is part of the Government's strong regime to ensure ongoing communication so that we cannot have alcohol-related violence in our communities. Opposition members are nodding in agreement. The Government has acted strongly and decisively and will continue to do so. We will continue to work also with the Australian Hotels Association, Clubs NSW, police and the Office of Liquor, Gaming and Racing to strengthen this regime and, most importantly, strengthen communication to benefit all our communities.

I appreciate the comments of the member for Tweed and his positive support for the initiatives of this bill regarding changes to benefit the club industry. I place on record that next year further legislative changes will be introduced. The Government has addressed a number of the 69 recommendations of the Independent Pricing and Regulatory Tribunal in this legislation and will introduce additional changes in the future. Discussions continue with Clubs NSW. As has been indicated, we have a clubs working party and we are working towards having a club viability panel.

Comment has been made about club closures. All members, and the member for Tweed in particular, would recognise that the strength of clubs comes basically from the support of their members. As I have said before, clubs come into existence as a result of a group of people coming together to support a particular cause through the formation of a licensed club venue. The profits from that venture, which come from the support of members, go to the cause they are supporting, whether it is a bowling club, an RSL or ex-services club, a sporting club, or whatever. Everything hinges on the ongoing support of members. If members do not support their club, the club will find it difficult to survive in any economic climate. Club memberships must support the clubs or the clubs will continue to struggle. That has been the underlying cause of the demise of a number of clubs over the last decade in particular. It basically comes down to the failure of club members to support their club.

As I have said, we are looking to make additional changes in the new year to continue to support the club industry. The member for Tweed referred to my recent attendance at the Clubs NSW annual general meeting and the comments I made at that function, which I will not go into today. I conclude by acknowledging the concerns about the provision in the bill dealing with legal representation at disturbance complaint conferences under the Liquor Act. The Government foreshadows moving an amendment in the consideration in detail stage to delete that provision from the bill. I particularly note the support of the member for Upper Hunter for that amendment. I commend the bill to the House.

Question—That the bill be agreed to in principle—put and resolved in the affirmative.

Motion agreed to.

Bill agreed to in principle.

Consideration in detail requested by Mr Kevin Greene.


Clauses 1 and 2 agreed to.

Mr KEVIN GREENE (Oatley—Minister for Gaming and Racing, and Minister for Sport and Recreation) [6.23 p.m.]: I move the Government amendment:

Page 9, schedule 1 [29], lines 4 and 5. Omit all words on those lines.

The Government acknowledges that there are concerns about the provision in the bill that a complainant or licensee is not entitled to be legally represented at a disturbance complaint conference. While this provision is consistent with the aim that the complaint process be an accessible and effective mechanism to address neighbourhood disturbance, and the Government supports the intent of the original amendment, given the concerns raised by industry around implementation we will consult further with industry with a view to reintroducing the provision at a later date.

Question—That the Government amendment be agreed to—put and resolved in the affirmative.

Government amendment agreed to.

Schedule 1 as amended agreed to.

Schedules 2 and 3 agreed to.

Consideration in detail concluded.


Motion by Mr Kevin Greene agreed to:

That this bill be now passed.

Bill passed and transmitted to the Legislative Council with a message seeking its concurrence in the bill.