Northern Territory Second Reading Speeches
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LIQUOR AMENDMENT BILL 2002
(This an uncorrected proof of the daily report. It is made available under the condition that it is recognised as such.)
Madam Speaker, I move that the bill be read a second time. The bill proposes an amendment to the Liquor Act to make changes to the objection process in determining applications related to liquor licenses. The Liquor Act is important legislation designed to protect the community from the harm associated with the abuse of liquor and to ensure the amenity of the community is maintained. The act allows any person to object to the granting of a new liquor licence unless the objection is made on commercial grounds. There is no other limitation currently contained in the act as to the grounds on which an objection can be made.
The act requires the Northern Territory Licensing Commission to consider a number of criteria when determining an application before it, including the location of the subject premises, the location of other licensed premises in the vicinity, the needs and wishes of the community, whether the applicant is a fit and proper person to hold a license and any other matter that the Commission thinks fit. The breadth and vagueness of the current objection process has allowed objectors to question each and every aspect of an application, often resulting in long delays in the handing down of decisions by the Commission. The result can be a costly and drawn out proceeding for both applicant and objectors alike.
The bill aims to bring certainty to the liquor licence application process by defining who can object to the granting of a liquor licence application and on what grounds an objection can be made. The bill will allow for objections to be made by persons who reside or work in the neighbourhood of premises the subject of the application; an owner or lessor of premises in that neighbourhood; a member of the police force; a member of the fire and rescue service; an agency or public authority that performs functions relating to public amenities; and community based organisations or groups carried on for purposes that are connected with the amenity of the neighbourhood.
The term ‘neighbourhood’ is a subjective one and should be taken to mean the area likely to be affected by the premises the subject of the application. The area affected will of course be determined by the type of licence applied for and the nature of the vicinity of the application. For example, the neighbourhood around a proposed city tavern will be at most a matter of a few city blocks whilst the neighbourhood surrounding a take-away liquor facility in a remote place may encompass an area of hundreds of kilometres. In each case, it will be a question of fact to be determined by the Licensing Commission.
The bill also has the effect of limiting the grounds upon which an objection may be made to that of adverse affect of the licence application on the amenity of the neighbourhood. An objector will be required to clearly show on the face of a written objection lodged with the Director of Licensing that the amenity of the neighbourhood to which the application applies will be or is likely to be adversely affected by the introduction of new a new liquor licence of the type applied for in that neighbourhood.
It is the intention of this legislation that the term ‘amenity’ be read narrowly. By that, I mean an objection should demonstrate that an application if granted would detract from the pleasantness or facility of the neighbourhood to which the application relates. Objections shall be subjected to a pre-hearing process by a member of the Commission appointed by the Chairman who will determine the standing of the objector and whether the grounds upon which the objection is laid are of sufficient substance to be considered further. Those objections found wanting will be refused leave to be heard, whilst those considered by the Commission to have sufficient merit to be considered will be referred to the Commission for hearing as part of the application process. Objectors, when addressing the Commission at an oral application hearing, will be limited to presenting evidence supporting the grounds of objection contained in their written submissions and recognised by the Commission as being relevant to the application before it.
The Liquor Act, through section 31, compels the Licensing Commission to turn its mind to all aspects of a liquor licence application that it is considering before it makes a decision on that application. That will not change with the passing of this bill. What will change is the focus on how an objection to an application is handled by the Commission.
Madam Speaker, the purpose of this bill is to provide a better and more streamlined system for liquor licence applications whilst maintaining effective harm minimisation and protection of public amenity. I commend the bill to honourable members.
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