Second Reading
The Hon. PENNY SHARPE (Parliamentary Secretary) [5.31 p.m.], on behalf of the Hon. John Hatzistergos: I move:
That this bill be now read a second time.
The 2007 Rugby World Cup is presently being held in France, with selective games also being played in Wales and Scotland. There is a high level of interest in games involving the Wallabies, and many people are also closely watching the fortunes of other teams. The time difference between France and Australia has resulted in match telecasts beginning late at night or in the early morning hours. Many people wish to watch match telecasts in licensed venues, principally hotels and registered clubs. These venues are a traditional Australian social environment for sporting fans. Under the Liquor Act, standard hotel trading is limited to midnight closing on Monday to Saturday and 10.00 p.m. closing on Sundays. Approximately 50 per cent of hotels already have extended trading past midnight on Saturdays approved under the Act. Closing times vary from 1.00 a.m. through to 24-hour operations.
Standard hotel opening times under the Liquor Act are 5.00 a.m. from Monday to Saturday and 10.00 a.m. on Sunday. The Liquor Act allows hotels to apply to the Licensing Court to open from 5.00 a.m. and trade until midnight on Sundays to meet the needs of tourists and tourism, or other special needs. Approximately 30 per cent of New South Wales hotels have taken advantage of this extended trading, while a few hotels in the central Sydney area also have had trading approved beyond midnight on Sunday nights. The hotel industry has asked that standard hotel trading be extended during the Rugby World Cup. The industry pointed out that some matches, particularly those commencing at or after 10.00 p.m. New South Wales time will be part way through when many hotels will be required to close for the evening.
Patrons will be disgruntled if hotels are forced to close part way through matches. Licensees will have problems asking patrons to leave and dispersing them from the immediate surrounds. The forced exit on to the street of large numbers of hotel patrons can also place a significant strain on local transport and security. Unfortunately, it has not been possible for amendments to the liquor laws to be considered in time for pool matches of the Rugby World Cup. Therefore, this bill is limited only to hotel trading hours for finals matches. The bill amends the Liquor Act to provide for special hotel trading on Saturday 6 October 2007 and Sunday 7 October 2007 until 1.00 a.m. on the following day, or until the relevant finals match on each of those days concludes, when a telecast of the match is provided by a hotel.
The bill also provides special hotel trading from 5.00 a.m. on Sunday 7 October 2007, Sunday 14 October 2007 and Sunday 21 October 2007 to cater for finals matches that commence early in the morning. This is a modest but reasonable extension to accommodate finals matches that have already begun during standard trading hours for most hotels, and to allow patrons to view early Sunday morning finals matches. The extension will allow hotels to sell liquor for consumption on licensed premises only. It does not permit takeaway sales to be made. Further, the extension will not overrule any previously imposed trading restrictions or other conditions that apply to an individual hotel licence. Restrictions dealing with neighbourhood disturbance problems that are imposed by the Liquor Administration Board, including lockouts and restricted entry, will continue to apply. Also, the bill will not specifically overrule planning approvals administered by local councils.
As I have already noted, some hotels have extended trading approved under the existing law. This proposal will not restrict the trading rights of those hotels. It is not necessary for the bill to propose extended hotel trading for Rugby World Cup finals matches on 8 October 2007, 15 October 2007 and 20 October 2007 as those matches will be telecast during standard hotel trading hours. This bill applies to hotels only as registered clubs generally have no restrictions on their trading hours under the Registered Clubs Act. The Government does not consider it necessary or desirable for an extension of trading hours to be made available to licensed restaurants or other licensed venues because those venues are generally not used by the public for viewing the telecast of significant sporting events. I advise that the Government will move an amendment to the bill in Committee to remove the regulation-making power from the bill, which would have allowed the responsible Minister to extend hotel trading hours for significant events in the future. There is precedent for this bill. The Liquor Act was amended in 2002 and in 2006 to extend hotel trading for certain games of the FIFA World Cup. I commend the bill to the House.
The Hon. TREVOR KHAN [5.36 p.m.]: The Opposition supports the bill in the light of the amendment. However, it is interesting to note that this is another bill that has been brought to the House apparently with urgency. We understand that the Rugby World Cup is not an event that has come on suddenly. Indeed, publicity for the event has been going on for about 12 months. This amendment could have been introduced in a considered and sober way that would have allowed proper consideration of the matter in the cold light of day instead of in the smoky halls and bars of this township. The first matter of note is that this demonstrates once again that the Government has introduced legislation more in panic than after considered thought. It must be noted that the Government intends to move an amendment to remove section 24AA.
It is interesting that once again the Government has been brought to book, so to speak, in the cool light of sober judgement after it was made clear that the proposed amendment to section 24AA went well and truly beyond that which was required to meet the interests of the public in allowing an extension of hotel trading hours during the Rugby World Cup. It would seem that, by amending section 24AA, the Government intended to remove from the Parliament the right to give proper consideration to trading hours and instead to place it in the hands of the Minister, that is, remove that right from the purview of Parliament and place it in the hands of the Executive. So with the foreshadowed amendment, the Opposition supports the bill.
Reverend the Hon. Dr GORDON MOYES [5.38 p.m.]: The object of the Liquor Amendment (Special Events Hotel Trading) Bill is to amend the Liquor Act to extend hotel trading hours on certain dates during the finals of the 2007 Rugby World Cup. I congratulate the Australian rugby team on having gained entry into the 2007 Rugby World Cup, and I join with other honourable members in wishing our team all the best in its endeavours at this special world tournament. I understand that many supporters of the Australian team in the Rugby World Cup attend hotels as a popular venue for the public to view televised events. I understand also that some matches commence after 10.00 p.m. Eastern standard time and that some matches will be televised when many hotels are required to close for the evening.
I believe that the proposed changes to hotel trading hours will be limited to finals matches. I further understand that the proposed extension will allow hotels to sell liquor for consumption on licensed premises only and not permit takeaway sales to be made. The amendment applies strictly to hotels only. I understand that these extensions will not overrule any previously imposed trading restrictions or other conditions that apply to an individual hotel licence or overrule planning approvals administered by local councils.
My support for this bill does not extend beyond its applicability to the 2007 Rugby World Cup. I thank the Government for indicating that it will withdraw from the original bill the regulation-making power included to cover a special event of regional, State or national significance. I believe that such events should be dealt with on their merits, not committing the New South Wales Government in advance of their being held. I acknowledge the support of many others in indicating the removal of the special events powers being granted to the Minister. I conclude by restating my view on the excessive consumption of alcohol, the devastation it causes to the lives of countless people and families, and the social impacts arising from it.
I encourage responsible retailers to limit the sale of alcohol, particularly during the final hours of opening. I do not wish to limit a fan's enjoyment of the international rugby match. Finally, speaking on the question of hotel trading hours being extended for special events is deja vu for me. In 1956 I gave my first public address as a teenager on the theme of the Victorian Government needing to "stick to six in '56". More than half a century later I am approving a bill that will enable the New South Wales Government to extend trading hours, but that is only because of the international rugby match.
Ms LEE RHIANNON [5.42 p.m.]: This bill does sporting fans a favour, which is fair enough. Obviously people who want to watch a sporting match will enjoy it much more when they are able to get together in a group. Often it can be very convivial when one is at the pub and one is able to watch the big game. However, we must also acknowledge that this legislation does a big favour to pubs. The Greens will move amendments in Committee because we believe that the Government must rein in that big favour to the hotel industry. This Government has gone too far in its enthusiasm to assist the hotel industry. In this case it relates to opening hours.
The hotel industry has been consistently lobbying for an easing of the legislation in that area and that would certainly be the outcome if this legislation were not amended. This legislation is not just about the Rugby World Cup. The Greens will not oppose extending trading hours for the Rugby World Cup, but I am concerned about the more expansive clauses in this bill that will allow hotel trading hours to be extended by the Minister when other special events are held. Under this legislation, the Minister will be able to use his discretion to deem what is a special event and to extend trading hours by way of regulation, which we all know means that debate in the Parliament will not happen immediately.
Scrutiny occurs well down the track. In many cases it would not exist if a special event had already occurred before we had a chance to move disallowance if we did not agree with what the Government had done in extending hours for some so-called special event. When the Greens and other crossbench members were briefed on this bill they were assured that the regulation-making power was temporary only until major amendments to the Liquor Act came through. However, it could be more than a year until the revised Liquor Act and regulations come through. I have just been told that the Government will move an amendment to this legislation. I do not know why it is doing so as it does not have the numbers. The Government never wants to be defeated on the floor of the House. It wants to move an amendment, but it does not have the numbers.
We were also assured that the regulation to extend trading hours would be a disallowable instrument and, therefore, members of Parliament would move to disallow it if they did not agree to extend trading hours for the event. The glaring problem with this is that a regulation can be disallowed only if Parliament is sitting. I foreshadowed earlier that the Greens would move an amendment in Committee. It appears as though the Government amendment will be moved first, but the important thing is that we have been able to wind back the Government in an area where it regularly delivers for the hotel industry.
At the briefing we were told that the Government has not listed any specific events because it could not think of any, which is extraordinary. We know what is happening. We have the Olympics next year and the Fédération Internationale de Football Association [FIFA] cup in a few years time and, clearly, there will be a requirement for extended hours. Why could the Government not come through with a list of these special events? For some reason it could not come up with a list. I reiterate some of the comments made earlier by other members about the problems relating to extended trading hours.
We must remember and we must always look to mitigate the problems that can arise with extended trading hours, particularly for nearby residents. An extra three hours of noise and mayhem at night can be tough going. Families with young children in particular would be affected because they would be unable to get their young ones to sleep. Domestic violence also increases when there is more drinking, so a lot of other problems are associated with an increased consumption of alcohol. I place on the record in this debate the responsibility that hotels must carry at this time when extended hours are granted. They must be much more thorough in ensuring the responsible serving of alcohol.
We continually hear stories that many hotels overlook their responsibility. They must establish how to ensure that their patrons move on as quickly as possible so there is much less noise and disturbance for local residents. As I said earlier, the Greens support extending trading hours for specific events. However, hotels must be responsible about how that is carried out. I am pleased the Government came to its senses and is pulling that part of the Act that went too far in delivering for the hotel industry.
The Hon. PENNY SHARPE (Parliamentary Secretary) [5.47 p.m.], in reply: I thank honourable members for their support for the bill and I look forward to moving amendments in Committee.
Question—That this bill be now read a second time—put and resolved in the affirmative.
Motion agreed to.
Bill read a second time.
In Committee
Clauses 1 to 4 agreed to.
The Hon. PENNY SHARPE (Parliamentary Secretary) [5.48 p.m.]: I move Government amendments Nos 1 and 2:
No. 1 Pages 4 and 5, schedule 1, line 5 on page 4 to line 4 on page 5. Omit all words on those lines.
No. 2 Long title. Omit "and to provide for hotel trading hours to be extended when other special events are held."
As I forecast in the second reading speech, the amendments will remove the regulation-making power from the bill, which would have enabled the responsible Minister to extend hotel trading hours for significant events in the future.
Reverend the Hon. FRED NILE [5.49 p.m.]: The Christian Democratic Party appreciates the Government moving its amendment No. 1. It would have been difficult for us to support the bill in its current form. The amendment helps the passage of the bill, but its main intention is met.
The CHAIR (The Hon. Amanda Fazio): Order! As amendments circulated by the Greens and The Nationals are identical to those moved by the Hon. Penny Sharpe, I will not ask for them to be moved
Question—That the amendments be agreed to—put and resolved in the affirmative.
Amendments agreed to.
Schedule 1 as amended agreed to.
Title as amended agreed to.
Bill reported from Committee with an amendment and an amended long title.
Adoption of Report