Changing the Culture of Alcohol Use in New South Wales

C. PREVENTING UNDERAGE ACCESS TO ALCOHOL OUTSIDE OF LICENSED PREMISES

Government Response

The new Alcohol Education and Information Taskforce (Rec. 1.3) will give priority to public education programs to prevent secondary supply to minors.

The interagency Supply Means Supply alcohol abuse prevention and education program currently on the Central and Mid North Coasts will be expanded by NSW Police to cover ten priority Local Area Commands over the next two years. It will be independently evaluated by NSW Health prior to any further expansion.

The Department of Gaming and Racing’s No Proof No Purchase campaign and the Why risk it? campaign, a specific secondary supply campaign will also be relaunched and evaluated over the next two years.

The best practice liquor accord model referred to in Recommendation 8.26 will include strategies involving licensed venues, local stakeholders and Community Drug Action Teams around secondary supply of alcohol.

In addition, the Department of Education and Training will develop a new resource for students in Years 11 and 12 to support the implementation of Crossroads, a personal development and health course. This will include content relating to secondary sales of alcohol and will be available to schools during 2004.

Government Response

Distribution of Safe Party Packs

NSW Police will provide printed Safe Party Packs and relevant fact sheets, currently available on the police internet at www.police.nsw.gov.au, to all 80 Local Area Commands in the State. This will enable police to distribute hard copies of the packs locally on request. Fact sheets on standard drinks, tips for parents whose children are attending parties, and the legal, health and social risks of secondary supply of alcohol to minors will be distributed with the newly printed packs.

Local police will promote the availability of the packs widely in their local areas and make them available to outlets that are not traditionally accessed for information on alcohol and drugs, like local councils, clubs, party hire organisations, bottle shops, security firms, reception centres, record outlets, and local disco operators.

The Safe Party Pack includes a Standard Notification Form about a party which parents can give to their local police in advance. 

The role of local police and Community Drug Action Teams

Community Drug Action Teams (CDATs) will be encouraged to assist police to promote the availability of the Safe Party Packs and Notification Forms in their local areas.

The NSW Police State Community Drug Action Coordinator promotes police participation in CDATs, and many local police are involved in CDATs.

Information on the NSW Police intranet will be expanded to reflect the expansion of the CDAT role in addressing alcohol issues including a link to the Safe Party Pack. 

Government Response

With regard to youth conferencing and other criminal justice interventions applicable to young people who commit alcohol related offences including breaches of the liquor laws, refer to Recommendations 8.22, 9.13 and 9.25.

It is also proposed to make greater use of the Young Offenders Act 1997 in dealing with minors who breach the liquor laws by improved training for police, Juvenile Justice officers, and the courts.

The recommendation will be further considered by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement.

Government Response

Penalties of $22 for drinking in a designated Alcohol Free Zone are issued by way of police infringement notices. Notices are issued on a state-wide basis and were introduced in 1993 under s.642 of the Local Government Act 1993. It would be inappropriate to impose differential fines in different parts of the State as suggested by Recommendation 8.18.

Instead, the Director-General, Department of Local Government will undertake evaluation to assess the effectiveness and impact of the Alcohol Free Zone provisions of the Local Government Act 1993 over the past ten years. The evaluation will include:

§          consultation with all key stakeholders
§          a survey of young people’s perception and knowledge of Alcohol Free Zones
§          assessment of the impact on Aboriginal people
§          an assessment of the current penalty levels
§          assessment of the extent and current usage of Alcohol Free Zones.

The Director-General will provide a report to the Government for consideration during 2005.

The Office of Children and Young People will conduct a short survey of young people’s knowledge of the Alcohol Free Zone legislation and the $22 infringement notice fine during four regional youth forums to be held with young people in 2004. This will assist in the evaluation of the legislation.

Consideration will also be given to providing police with a specific power to seize alcohol in the possession of adults leaving an Alcohol Free Zone, and to incorporation of this power in the package of legislation to be brought forward by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement to be chaired by the Department of Gaming and Racing (Recs. 8.1, 8.16, 8.22, 8.62 and 10.7).

Police may already seize alcohol in the possession of underage drinkers under s.11(2) of the Summary Offences Act 1988 in any public place if the officer suspects on reasonable grounds that the person is under 18 years; is not under the supervision of a responsible adult; and does not have a reasonable excuse for possessing the alcohol.

Government Response

The recommendation is consistent with current Government and police policy practices and programs, which will be sustained and expanded. These include:

§          Police Crime Prevention Officers (CPO) and Police Youth Liaison Officers (YLO): Each of the 80 NSW Police Local Area Commands has at least one CPO and one YLO. Many also have a ‘back-up’ officer. These officers are trained to promote collaborative approaches to working with young people in situations such as underage drinking in public places. Police will continue to hold specific training forums on alcohol, drugs, young people and crime prevention for these officers as well as for police on Community Drug Action Teams and PCYC police.
§          Police and Community Youth Clubs (PCYC): The 57 NSW Police and Community Youth Clubs (PCYCs) have about 30,000 members with 120 police officers and 2,500 volunteers providing recreation and sporting opportunities, educational support, capacity building, and leadership opportunities. They work with young people on crime prevention and with young offenders, supporting them to reconnect with family, education and community. Over the next four years, all PCYC coordinators will be requested to develop strategies to improve relations between police and young people, to promote personal development and recreational opportunities in local communities, and to reduce drug and alcohol abuse by young people in their areas.
§          Police Innovative Models for Police and Community Training Program (IMPACT): This program funds local police training on community projects, such as ‘Positive Contact’ workshops between police and young people, and strategies to improve community relations, including the relationship between police and young people. Over the next three years, IMPACT funding will give priority to funding projects in crime hotspots which have associated youth related issues.
§          Indent Strategy: to promote safe and drug and alcohol free events: Police work closely with the Indent Strategy sponsored by the Ministry for the Arts, and the Office of Children and Young People. The strategy works with PCYCs, Youth Liaison Officers and Crime Prevention Officers to ensure local events are supported and monitored by local authorities. Indent events are developed and run by young people and aim to address a lack of accessible and appropriate entertainment, particularly in regional and remote areas. Better relations are facilitated with police as fewer young people are attracted to anti-social and risk-taking behaviours through boredom and lack of positive recreational opportunities. Over the next three years, the Indent Strategy will focus on rural and remote areas and the particular concerns of Aboriginal young people. It will also be independently evaluated.
§          Youth Regional Forums: The Office of Children and Young People, in partnership with local councils, will host four regional forums which will be managed and facilitated by young people. The forums will give young people in regional areas of New South Wales the opportunity to voice their opinions on a wide range of issues including strategies for improving relations between young people and police.
§          Aboriginal Youth Justice Advisory Network: The NSW Aboriginal Justice Advisory Council has established an Aboriginal Youth Justice Advisory Network consisting of young Aboriginal people from around New South Wales. The network will develop strategies for improving relations between young Aboriginal people and police.
§          Aboriginal Youth Leadership project: An Aboriginal Youth Leadership project is being developed by the Office of Children and Young People as part of the Aboriginal Child, Youth and Family Strategy. It will help young Aboriginal people build capacity and resilience to avoid risk taking and anti-social behaviours. It will also promote positive role models among the Aboriginal youth population who promote positive contact between young Aboriginal people and police.
§          Youth In Sport (YIS) program: This program gives young people at risk of coming into contact with the criminal justice system a chance to develop self esteem and skills. It consists of a variety of sport and recreation programs conducted with PCYCs. Projects that address alcohol and drug issues through sport and recreation will be considered during the 2004/2005 program.
§          Crime Prevention Division - Safer Communities Development Grants: Safer Communities Development Grants are made available to support local government programs that (amongst other aims) target the diversion of young people from the criminal justice system. Aboriginal Youth Grants are made available to support community projects targeted specifically at diverting young Aboriginal people from the criminal justice system. The added benefit of these programs is improvement in police relations with young people.
§          Police Youth Policy Statement: The 2001-2005 statement sets a broad framework of police policy around youth issues. A new policy statement for the years 2006-2010 will be issued in early 2006.

Government Response

Offences in relation to alcohol related offences by minors are covered by the Liquor Act 1982, the Registered Clubs Act 1976, and the Summary Offences Act 1988.

The Liquor Act 1982 provides for penalties of $1,100 for minors using false evidence of age; for consumption of liquor; and for offences by minors in hotels, nightclubs and restaurants. The Registered Clubs Act 1976 also provides for penalties of $1,100 for consumption of liquor by persons under 18 years; for persons under 18 years being in bars; and for using false evidence of age. The Summary Offences Act 1988 also prohibits possession of liquor by minors in a public place where the minor is not supervised by a responsible adult or does not have a reasonable excuse for possession, and allows police to seize the liquor in such situations. A $20 penalty applies.

The Government will consider proposals by the Taskforce on Alcohol Related Offences, Penalties, and Law Enforcement (Rec. 8.1) and if appropriate will bring forward amending legislation.

See also Recommendations 8.10 and 8.20.

Government Response

Preventing secondary supply at licensed venues

Secondary sales or supply of alcohol causes problems when adults provide alcohol to minors (i.e. someone under 18 years of age), or when a person purchases liquor for an intoxicated person and supplies it to them.

Alcohol management plans outline a venue’s policies in regard to responsible supply and consumption practices, and monitoring of patron behaviour to ensure intoxication, underage drinking and anti-social behaviour does not occur on licensed premises. The concept of imposing alcohol management plans for all licensed premises was considered in the 2003 Summit on Alcohol Abuse plenary sessions, but not adopted.

However alcohol management plans are already required to be prepared as a condition of licensing large sporting venues. These conditions are imposed by the Licensing Court of NSW under the broad provisions of s.20 of the Liquor Act 1982.

Over the next four years, the Department of Gaming and Racing and licensing police will work with the Liquor Industry Consultative Council to encourage licensed venues and major event promoters to voluntarily create alcohol management plans for licensed venues. In particular stadiums and late trading venues will be encouraged to cover such matters as limiting the number of alcoholic drinks which can be purchased by one patron at a time. Consideration will also be given to other harm minimisation strategies such as providing free non-alcoholic drinks to designated drivers in groups. These strategies will be considered in the development of a best practice liquor accord model (Rec. 8.26).

Preventing inappropriate supply to minors in the home

The offence of supplying alcohol to a minor in a private home under s.114(1) of the Liquor Act 1982 can incur a penalty of $550 by infringement notice, and up to a maximum penalty of $11,000 where circumstances of aggravation exist. A statutory defence in s.114(6) of the Liquor Act 1982 is available to the parent or guardian of the minor, or where the person who supplied the liquor had permission from the parent/guardian of the minor supplied with alcohol.

Police have the power to issue infringement notices or court attendance notices to adults detected providing alcohol to minors in private homes, particularly in aggravated circumstances such as where private parties become difficult to manage.

These powers are identified in the NSW Police Management of Alcohol Related Crime courses delivered to specialist licensing police and certain other police over an eight day program at the NSW Police College, Goulburn (Rec. 8.71). This course is currently being evaluated through the NSW Police College. Consideration will be given to enhancing police training in this area.

Other prevention approaches are also being encouraged such as the Police/Health secondary supply prevention program Supply Means Supply developed in partnership with media organisations from the central to mid-north coast. The pilot program in the Central Coast, Hastings, Port Macquarie, Taree and Kempsey areas targets points of secondary supply of alcohol to minors including where alcohol is supplied by parents to minors.

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D. LIQUOR ACCORDS

Government Response

The Government supports the principle that establishment and conduct of liquor accords across New South Wales should be mandatory, and appropriate legislation will accordingly be brought forward in 2005.

Membership of an accord will remain voluntary. However, Liquor Administration Board requirements, made at the request of an accord and in the public interest, will apply to all applicable licensed venues within the accord area, regardless of the level of participation within that accord. This will encourage participation in accords, and ensure the spirit and intent of an accord made in the public interest can be enforced.

The amending legislation will build upon existing legislation introduced by the Government in 1999 and 2000 to ensure accords could include restrictions on liquor sales, entry to licensed venues, and liquor trading arrangements.

It is envisaged that the proposed legislation will also include the following elements:

§          the designation of accord areas will be determined by the Commissioner of Police and the Director of Liquor and Gaming, taking into account issues such as location, demographics, geography, and community precinct needs
§          Enable a local accord to apply to the Liquor Administration Board to have a specific condition imposed on an individual licensed venue requiring the venue participate in, and be bound by the decisions of, a local accord where there was a public interest
§          require venues not complying with decisions made by an accord to appear before the Liquor Administration Board so conditions can be imposed on the venue.

The Government acknowledges the submissions made by the liquor industry (notably ClubsNSW, the Liquor Stores Association, and the Australian Hotels Association) who have concerns about mandatory accords, and will work cooperatively with industry in developing the legislation.

Broad community consultation during the development and implementation of liquor accords involving established community groups will continue to be encouraged and will be outlined in the new best practice model accord.

The involvement of supermarkets, bottle shops and other retail outlets which sell alcohol will also be encouraged by the Department of Gaming and Racing in those areas where there are liquor accords. The proposed Liquor Accord Unit will develop strategies to assist in this process, including within the model accord (see recommendation 8.26). 

The Department of Gaming and Racing will establish a Liquor Accord Taskforce – involving representatives of relevant Government agencies and industry and community groups – to coordinate the implementation of these new reforms following their enactment.

Government Response

To effectively implement the wide ranging action associated with liquor accords, the Department of Gaming and Racing will establish a small centralised Liquor Accord Unit. The new unit will be responsible for implementing the new mandatory framework, developing a best practice model liquor accord, promoting the development of three year business plans for local accords, development of accord information resources, providing advice to local stakeholders, including Aboriginal communities, developing strategies to increase community and industry involvement, and evaluation of accord outcomes.

Best practice liquor accord model

The Department will develop a best practice liquor accord model by mid 2005. The model will provide guidance on issues which liquor accord participants should consider when developing accords, including community consultation during the development and implementation of accords, consultation with the Aboriginal community, and strategies that could be considered by individual accords for adoption, including lock outs, restricted trading hours, late night transport and the banning or restricting sale of alcohol in glass containers.

The model will be supported by an annual conference for accord coordinators to showcase accord initiatives.

The Department of Gaming and Racing will also develop an enhanced liquor accords webpage providing information to the public (Rec. 10.10).

Three year strategy for accords

As part of the best practice liquor accord model, the Department of Gaming and Racing will also develop a three year strategy (business plan) for accords in consultation with stakeholders. The strategy will be adaptable for application locally. The strategy will be delivered to local accords through workshops in areas where there are identified alcohol related violence and anti-social behaviour problems.

The Liquor Accord Taskforce – involving representatives of relevant Government agencies and industry and community groups – will also monitor and evaluate accord reforms, and identify any further measures that may be needed.

Accord secretariat funding

This recommendation refers to secretariat services for individual liquor accords.

Funding is provided to accords at a local level through a range of Government programs. For example, accord funding has been provided by NSW Health (through Area Health Services) and the Attorney General’s Department (through the Safer Communities Development Fund).

Local councils have also contributed funding to help establish and meet operational costs of accords. The Department of Gaming and Racing, local councils and specialist licensing police in Local Area Commands also provide assistance to accords either through direct involvement in their development and operation, or by providing advice.

Government funding provided for the administration of liquor accords will continue to be considered at a local level, on the basis that accord performance and results can be properly measured. Accountability in the management of local accord support funding is vital.

In some cases, accord members (principally licensed venues) contribute towards funding through levies and membership fees. This will continue to be an option for accord funding given that members are among the direct beneficiaries of any reductions in alcohol related violence and crime.

Government Response

Consultation with local stakeholders, such as community groups, the local council, and Aboriginal communities, helps to ensure liquor accords deliver better outcomes for all of the community.

The Department of Gaming and Racing and the liquor accord best practice model will provide guidance on issues which liquor accord participants should consider when developing accords, including broad community consultation during the development and implementation of accords – particularly consultation with the Aboriginal community and, where appropriate, with Aboriginal peak bodies such as the Aboriginal Justice Advisory Council, the Aboriginal Health and Medical Research Council of NSW, and the Department of Aboriginal Affairs.

The Department will provide advice to accords on consultation with local stakeholders, and on how the local community, including Aboriginal communities, can be involved in the development, management and ongoing assessment of their local accord’s impact.

The monitoring and review process will also monitor and review the outcomes of accord initiatives on significant Aboriginal communities.

Government Response

Restricted entry policy or ‘lock-outs’

‘Lock-outs’ involve local venues agreeing not to allow entry to patrons at a time before the end of their approved trading hours. This can reduce noise and other problems associated with patrons moving between venues late at night when local residents may be most affected. Patrons inside the premises at the ‘lock-out’ time are free to stay on until closing time or leave at any other time, but new patrons may not enter from a time which is voluntarily agreed on. 

A patron ‘lock-out’ is an important element of some liquor accords. For example, NSW Police indicate that Manly Hospital has reported a marked decrease in victims of assault, crime and alcohol related violence since a restricted entry policy was included in the Manly Liquor Accord.

The Government will continue to encourage liquor accords to look at including a ‘lock-out’ where that is appropriate. The operation of a ‘lock-out’ should take into account local circumstances.

The response to Recommendation 8.26 refers to a best practice liquor accord model. The Government will include ‘lock-outs’ in that model.

Patron number entry restrictions

Restrictions on patron numbers are primarily a matter for the local councils. Where licensed premises are used as a venue for public entertainment, the number of patrons allowed in the area where entertainment is held is limited to that included by the council in a “Place of Public Entertainment” authority issued under the Environmental Planning and Assessment Act 1979.

Liquor accords can consider limits on patron numbers within venues so long as they are consistent with any limit imposed under such an authority. This is a complex regulatory issue requiring expert assessment. Guidance on this issue will also be included in the best practice liquor accord model

Take-away alcohol

Take-away alcohol sales can be associated with public drinking problems in some communities – particularly late at night. Police report that alcohol related crime has been reduced in some communities where public drinking is a concern and restrictions on take-away alcohol sales have subsequently been implemented.

Restrictions on take-away alcohol sales have been imposed on some licensed venues by the Licensing Court and the Liquor Administration Board in response to local concerns. The restrictions are imposed under the liquor laws, and may limit the hours for take-away sales, or the types of alcohol that can be sold. This process will continue where appropriate.

Liquor accords can also agree on additional local take-away alcohol arrangements. The Department of Gaming and Racing will encourage accords to look at take-away sales where they are associated with local concerns. Any arrangements under an accord will need to be supported by local stakeholders.

Currently, it is not an offence for a licensed venue to allow patrons leaving premises at closing time to carry alcohol away with them during hours when take-away alcohol sales are not available (for example, between midnight and 5am).

The Minister for Gaming and Racing will consider appropriate legislative proposals which will make it an offence for a licensee, club secretary and club to allow a patron to carry away alcohol during hours when taking away sales are not permitted. It is envisaged that appropriate defences will be created. The NSW Liquor Industry Consultative Council will be consulted on any proposals developed 

Good Friday take-away sales

The Liquor and Registered Clubs Acts currently ban take-away alcohol sales on Good Friday.

Take-away alcohol sales are permitted in Victoria on Good Friday, and some New South Wales hoteliers in border areas near Victoria claim they are disadvantaged as customers travel to Victoria to make their purchases.

Any change to the law to allow Good Friday trading has state-wide implications. The Government has indicated in the past that it does not support removal of restrictions on take-away liquor sales on Good Friday.

Nevertheless, the Government will consider the general issue of liquor trading hours – including the future arrangements for Good Friday trading, in the context of the development of further amendments to the Liquor Act 1982 anticipated in 2005.

Banning glass containers

Glass containers can be associated with health and law and order problems when they are combined with excessive alcohol consumption. Strategies to reduce or ban the use of glass can reduce alcohol related injury in a range of circumstances, particularly where there are large crowds or irresponsible drinking, and in outdoor settings.

Local liquor accords can agree to ban glass containers where it is appropriate and local stakeholders agree to that measure. However, accord arrangements may need to be flexible enough to allow glass containers to still be used in premises such as restaurants, where bottled wine and wine glasses may not be a problem.

As part of their ongoing inspections programs, Department of Gaming and Racing Special Inspectors and Police will monitor compliance with ‘no glass’ policies in local liquor accords.

The Department will include advice on banning glass containers where appropriate in its best practice liquor accord model.

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