The report of the Independent Review Committee into the Liquor Control Act 1988 (WA) is clearly an important social statement which records the community’s current attitudes to selling, supplying and consuming liquor. The document provides an illuminating insight into the thinking of all key stakeholders, vested interests and sections of the public. Collectively, the 140 recommendations made by the Committee contemplate significant changes to the overall hospitality scene. The Committee has reached a diverse range of conclusions as to what it considers to be the best interests of the community based on the many submissions it received and its own research.
Many reports over the years have not seen the light of day after their completion. To date the Review Committee Report has been heavily publicised. The responsible Minister, the Hon T Waldron MLA, has undertaken the process of inviting feedback from key stakeholders. In due course the Minister no doubt will react or respond in some public way.
Whatever happens to the report and its wide ranging proposals from now on remains anyone’s guess. Despite that uncertainty, a number of affects and ongoing consequences can confidently be attributed to the process to date. The report, even without any legislative change, is having and will be likely to have ongoing and increasing impact. There has been considerable discussion of its contents in the media.
The licensing authority has indicated that it has carefully assessed the report and may make some policy changes in any event. The report is not without its controversies. A number of the propositions have been a call-to-arms for some of the industry associations which are gearing up to oppose various recommendations or to press for issues that they consider have been overlooked.
Some of the relevant key stakeholders, namely the Health Department, Police and local authorities, may well feel vindicated by the approaches they have been adopting in relation to applications to the licensing authority for new licences. Both Health and Police in particular may well feel fortified in their approach to intervening and objecting.
The report on its own without any further action being taken could even have some indirect influence on policy makers. It is not beyond the realms of possibility that some of the recommendations will influence the thinking and actions of decision makers. In this context it is worth noting the licensing authority has been heading toward development of a compulsory code of practice. Just recently the authority wrote to industry associations seeking input with industry stakeholders in relation to this proposed code. In the process of doing so, the authority referred to the fact that the Review Committee has recommended such a code.
Another consequence of the report is the likelihood that some prospective applicants may be more inclined to apply for small bar licences now that small bars are confirmed as being less of a risk to the community. In other words, some applicants may be discouraged from applying for high risk category A types such as hotels or taverns, particularly in view of the suggested increase to the base licence fees.
All of the relatively subtle influences flowing from the publishing of the report will pale into insignificance should the political process run its parliamentary course and there be substantial legislative changes introduced. All industry players and stakeholders as well as the broader community will watch with great interest, what, if anything, develops.
For further information on this, the Liquor Control Act 1988 (WA), or any other liquor licensing related topic, please contact Lavan Legal’s Liquor, Hospitality and Events Team.
