In addition harms associated with packaged liquor should be considered separately ‘big box’ in the Act to reinforce that the retail catchment of such a premise will often extend to as far as 5km. A 2015 decision of the Commission acknowledged that there were current deficiencies in the Act to allow for the consideration of harms that occur beyond the specific site and into the home. It was acknowledged that packaged alcohol, its density in any given area and the floor space available had a related role with an increase in alcohol fueled violence occurring in the home. The Act would benefit from the creation of a interest similar to that which occurs ‘public test’ in Western Australia under the Department of Racing, Gaming and Liquor. It would be important that a relevant community notification process took place where meaningful discussions occurred with the community for the proposed use and site. This would assist both the VCGLR and the licensee with a better understanding of issues so effective harm minimisation strategies and/or conditions could be developed. Recommendations: That the Liquor Control Reform Act be amended to include; Reversing the onus of proof in licence applications and require applicants to satisfy harm and public interest tests, Including clear and comprehensive definitions of harm, public interest and cumulative impact, Introducing broader, consistent grounds for objecting to licence applications, and Increasing the to refuse licences where licences will Commission’s discretion contribute to harm or are not in the public interest. How should harm be considered in the licence application process? In 2012, the Victorian Auditor-General’s Effectiveness of Justice Strategies in Preventing and Reducing Alcohol-Related Harm Report examined the effectiveness of the Department of Justice, Victoria Police and the Victorian Commission for Gambling and Liquor Regulation (Commission) in preventing and reducing the impact of alcohol related harm on the community. This report and its findings are still relevant in understanding and considering harms in the licence application process. The Auditor- Report concluded that the of reported alcohol-related harm has General’s “level increased significantly over the past and that fundamental change in approach 10 years” “[a] to strategy development, licensing and enforcement is required before any noticeable impact on reducing harm is likely”. There is a clear need for fundamental reform of the Act to redress the current imbalance of the licensing objects, and to ensure the Act and liquor licensing regime is effective in preventing and reducing alcohol harms.
In addition harms associated with ‘big box’ packaged liquor should be considered separately in the Act to reinforce that the retail catchment of such a premise will often extend to as far as 5km. A 2015 decision of the Commission acknowledged that there were current deficiencies in the Act to allow for the consideration of harms that occur beyond the specific site and into the home. It was acknowledged that packaged alcohol, its density in any given area and the floor space available had a related role with an increase in alcohol fueled violence occurring in the home. The Act would benefit from the creation of a ‘public interest test’ similar to that which occurs in Western Australia under the Department of Racing, Gaming and Liquor. It would be important that a relevant community notification process took place where meaningful discussions occurred with the community for the proposed use and site. This would assist both the VCGLR and the licensee with a better understanding of issues so effective harm minimisation strategies and/or conditions could be developed. Recommendations: That the Liquor Control Reform Act be amended to include; Reversing the onus of proof in licence applications and require applicants to satisfy harm and public interest tests, Including clear and comprehensive definitions of harm, public interest and cumulative impact, Introducing broader, consistent grounds for objecting to licence applications, and Increasing the Commission’s discretion to refuse licences where licences will contribute to harm or are not in the public interest. How should harm be considered in the licence application process? In 2012, the Victorian Auditor-General’s Effectiveness of Justice Strategies in Preventing and Reducing Alcohol-Related Harm Report examined the effectiveness of the Department of Justice, Victoria Police and the Victorian Commission for Gambling and Liquor Regulation (Commission) in preventing and reducing the impact of alcohol related harm on the community. This report and its findings are still relevant in understanding and considering harms in the licence application process. The Auditor- General’s Report concluded that the “level of reported alcohol-related harm has increased significantly over the past 10 years” and that “[a] fundamental change in approach to strategy development, licensing and enforcement is required before any noticeable impact on reducing harm is likely”. There is a clear need for fundamental reform of the Act to redress the current imbalance of the licensing objects, and to ensure the Act and liquor licensing regime is effective in preventing and reducing alcohol harms.
Submission_-_052_-_Municipal_Association_of_Victoria.docx