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FACT SHEET
Liquor Licensing Amendment Bill 2015
Background:
The Liquor Licensing Amendment Bill 2015 amends the Liquor Licensing Act 1990 to:
o align it more clearly with the Tasmanian Alcohol Action Framework;
o provide administrative efficiencies and greater transparency across the licensing
and permit process;
o improve flexibility and effectiveness in compliance and enforcement;
o strengthen consumer responsibilities; and
o provide greater clarity to industry, the regulatory bodies and Tasmania Police.
The Department of Treasury has advised that the proposal will not restrict competition
in any way or have a significant negative impact on business.
Proposal:
The Bill will:
o introduce an objectives provision and clarify the meaning of “best interests of
the community”;
o introduce a discretionary power to apply a fit and proper test to permit
applicants at the Commissioner for Licensing’s discretion and introduce fit and
proper as a matter that may be considered in the cancellation, variation or
suspension of a permit;
o require licence and permit holders to notify the Commissioner of personal detail
changes and when they or an associate has been found guilty of an offence;
o allow conditions to be applied to all licence and permit types and provide an
appeals process against the imposition of conditions by the Commissioner;
o introduce a provision that licensees and permit holders must ensure that a seller
or server of liquor meets minimum age requirements, the details of these
requirements are to be specified in regulations;
o allow the Commissioner to prohibit or restrict the irresponsible advertising and
promotion of alcohol;
o allow the Minister to prohibit alcohol products if it is in the best interests of the
community and amend the definition of “liquor” to include other prescribed
substances;
o enhance the ability of Tasmania Police and licensees to bar a patron from a
licensed premises if their behaviour warrants, provide a review process for police
barring orders, and introduce new offences for patrons to help ensure
responsible consumption of alcohol;
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o allow alcohol sales data to be collected from wholesale and producer liquor
licence holders;
o introduce a staged disciplinary approach, create offences for licensee obligations,
extend licensee obligations and offences to permit holders and include new
offences for which an infringement notice may be issued by a police officer; and
o make miscellaneous amendments to improve regulatory operations, enhance
administrative efficiency, and provide increased clarity to stakeholders.
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