Laws allow Liquor and Gambling Commissioner to change liquor licensing rules

NEW laws have given the Liquor and Gambling Commissioner the power to change liquor licensing rules for venues, as long as it is to combat risky drinking and alcohol-fuelled violence.

The forceful new powers are among drinking-law changes approved by Parliament, which also increased fines for drunk and disorderly behaviour and strengthened the ability of the commissioner to crack down on rogue venues.

A late-night code of practice for licensed venues, which took effect on October 1, bans shots, free drink promotions, highly alcoholic beverages or the use of glassware in pubs and clubs after 4am.

The State Government wanted to enforce bans on shots and highly alcoholic drinks from 2am and glassware from midnight, but Attorney-General John Rau admitted a fault in the legislation meant the bans could not take effect before 4am.

Mr Rau pledged to tighten the laws in future.

Now, Liquor and Gambling Commissioner Paul White has the power to include anything in a licensed venue code of practice that furthers the objectives of responsible service of alcohol and reducing booze-fuelled violence.

The government is unlikely to make any sudden, drastic changes, but will be keen to use Mr White's powers to eventually bring forward bans on glassware and happy hours.

However, it will need to consult with industry.

Australian Hotels Association chief executive Ian Horne described the commissioner's new powers as "quite extraordinary".

"Rather than have a blanket approach to everyone, the commissioner should use the power to discipline, restrict or eventually shut down renegade venues," he said.

"It would be subject to some sort of community backlash if that power was used in a way that wasn't appropriate."

Mr Rau said he was "not about to pursue any changes or commence further consultation ... without evaluation of the existing code".

However, he said changes may be needed "if court proceedings expose any technical defects in the code".

Opposition business services and consumers spokesman Steven Griffiths said the Liberal Party party was concerned the new laws gave so much power to an appointed public servant.

Mr Griffiths said while Mr White was required to consult on any changes, he was not obliged to act in accordance with the results of the consultation.

A vote by either house of Parliament could disallow a ruling made by the commissioner.

Mr White first called for the power to crack down on binge drinking and associated violence in Adelaide's nightspots in The Advertiser in 2009.

Source:  The Advertisers - 21 November 2013