Tackling Alcohol-Fuelled Violence Legislation Amendment Bill 2015
Plain English Summary
Overview
This bill targets alcohol-fuelled violence by cutting late-night liquor trading hours, banning rapid intoxication drinks after midnight, and stopping new extended trading approvals for takeaway alcohol. It also reforms drug and alcohol bail conditions to focus on treatment instead of punishment, and tidies up a range of liquor rules covering craft beer, community clubs, bed and breakfasts and car park events.
Who it affects
Late-night patrons, venue operators, bottle shops, craft brewers, police and people on bail for drug or alcohol related offences are most affected. Existing venue approvals to trade past 2am (or 3am in safe night precincts) are wound back from 1 July 2016 without compensation.
Late-night trading wound back to 2am (3am in safe night precincts)
From 1 July 2016, regular liquor service ends at 2am across Queensland. Venues inside a government-approved 'safe night precinct' can trade until 3am but cannot let new patrons in after 1am. Casinos and airports are exempt.
- Regular trading hours capped at 2am state-wide from 1 July 2016
- Approved 'safe night precincts' can trade to 3am with a 1am lock-out
- Existing 3am-5am approvals automatically wound back, with no compensation
- Venues can still stay open after last drinks to serve food and non-alcoholic drinks
Ban on rapid intoxication drinks after midnight
Drinks designed to be consumed rapidly or with very high alcohol content cannot be sold between midnight and 5am. Small premium spirits bars seating no more than 60 people can apply for an exemption.
- Shots, bombs and similar drinks banned from midnight to 5am, with a 100 penalty unit fine for breaches
- Exemption available only for premium spirits bars seating 60 or fewer patrons
- Specific drinks and 'premium spirits' defined later by regulation
No new late-night takeaway alcohol approvals
From 10 November 2015, no new applications to extend bottle shop trading hours to between 10pm and midnight will be accepted, and any applications already on hand lapse. Existing approvals continue.
- Pending applications for 10pm-midnight takeaway trading lapse on 10 November 2015
- Court and tribunal appeals about those applications end
- No compensation payable
Bail and sentencing: drug and alcohol programs
Completion of a Drug and Alcohol Assessment Referral (DAAR) course is no longer mandatory on bail and failing a rehabilitation bail condition is no longer a criminal offence. Sentencing courts can add a DAAR condition only with the offender's consent.
- DAAR bail condition becomes discretionary, limited to cases where a court grants bail
- No longer a criminal offence to breach a therapeutic bail condition (rehabilitation or DAAR)
- Sentencing courts can impose a DAAR condition under section 19 of the Penalties and Sentences Act with consent
- Drug assessment sessions no longer required to be one-on-one
Police powers, evidence and investigators
All police officers are treated as investigators under the Liquor Act, breath alcohol readings taken during assault investigations can be used in Liquor Act prosecutions, and saliva exhibits are handled like blood and urine.
- All police officers automatically deemed investigators for the Liquor Act
- Investigators can require documents (including CCTV, rosters) by written notice
- Breath alcohol results admissible in Liquor Act proceedings
- Saliva specimens exempt from standard exhibit-return rules under the Police Powers and Responsibilities Act
Craft beer permits and operational tweaks
Creates a new craft beer producer permit so small brewers can sell and sample beer at farmers markets, food festivals and similar events. Other tweaks include larger B&Bs, expanded community club takeaway and a tighter process for car park events.
- Craft brewers producing under 5 million litres a year can sell at promotional events (9 litres per person limit)
- Bed and breakfast exemption increased from 6 to 8 adult guests
- Community clubs can sell takeaway liquor to signed-in guests and visitors
- Car park events need a fresh approval each time, overriding any existing licence condition
- Taking liquor into or from a commercial public event or community liquor permit venue is a new offence (25 penalty units)
Directors' liability under Fair Trading Act
Repeals section 96 of the Fair Trading Act so executive officer liability aligns with Queensland-wide and national policy. The change has no direct consumer impact.
- Section 96 of the Fair Trading Act 1989 repealed
- Aligns director liability with the Directors' Liability Reform Amendment Act 2013
Bill Story
The journey of this bill through Parliament, including debate and recorded votes.
▸Committee12 Nov 2015View Hansard
Referred to Legal Affairs and Community Safety Committee
The Legal Affairs and Community Safety Committee examined this bill over three months, receiving 767 submissions, conducting site visits to Sydney, Newcastle, Brisbane, Cairns, Townsville and the Gold Coast, and hearing from Queensland Police, health professionals and industry stakeholders. The committee was unable to reach a majority decision to recommend the bill be passed. It made three procedural recommendations regarding data collection, post-implementation evaluation, and drafting issues. Government members made two additional recommendations on takeaway liquor trading hours and renaming 'lockout' to 'one way door'.
Key findings (5)
- The committee could not reach a majority decision to recommend the bill be passed, reflecting deep division over the proposed alcohol trading hour restrictions
- Approximately 746 of 767 submissions opposed the bill, with strong objections from the hospitality industry
- Health professionals and police broadly supported reduced trading hours, citing evidence from the Newcastle model showing reduced alcohol-related violence
- Non-government members argued the previous Safe Night Out strategy should be given more time, noting early police data showed assaults had decreased by 9 per cent across Safe Night Precincts
- The exemption of casinos from trading hour reductions was raised as creating an uneven playing field
Recommendations (3)
- The committee recommends appropriate data on alcohol-related incidents be collected and available from agencies which this bill affects, for example Queensland Police, Queensland Health and Queensland Ambulance Service.
- The committee recommends that should the bill be passed there be a thorough evaluation of the changes in the community as a result of the bill's implementation, eighteen months from commencement.
- The committee recommends the government address the drafting issues identified in section 3.1.7 of the report.
Committee report tabled
▸Second Reading17 Feb 2016View Hansard
▸41 members spoke20 support21 oppose
Introduced and championed the bill as Attorney-General, arguing that peer reviewed international evidence overwhelmingly demonstrates that reducing liquor trading hours leads to significant reductions in assaults, and that Queensland must act on this evidence to protect Queenslanders.
“If this House votes against this bill, it sends a message to our constituents that alcohol related violence is somehow okay and that it is okay to turn a blind eye to it.”— 2016-02-17View Hansard
Opposed the bill as shadow Attorney-General, arguing the evidence was insufficient, the parliamentary committee could not recommend passage, and the LNP's comprehensive Safe Night Out Strategy should have been given time to work before further measures were introduced.
“For all the reasons that I have outlined, the LNP in good conscience cannot support this legislation. We believe the evidence is not sufficient that changing the laws in the way put forward by the government will do what is required.”— 2016-02-17View Hansard
Spoke as Premier in strong support, arguing the bill presents a clear choice between action and inaction on alcohol fuelled violence, and that the government had delivered on its election commitment with evidence-based laws supported by police, medical professionals and the community.
“If you have spoken to the families of victims of alcohol fuelled violence, there is no choice. If you have spoken to the paramedics and police who deal with the victims as well as the perpetrators, we must do something.”— 2016-02-17View Hansard
Opposed the bill as Deputy Leader of the Opposition, arguing Labor's original 10-point plan was in tatters with broken promises, and that the committee's first recommendation calling for more data demonstrated the evidence was not there to support the legislation.
“Labor is putting the cart before the horse. It should bring in legislation based on data and evidence, not the other way around.”— 2016-02-17View Hansard
Supported the bill, citing the evidence base of peer reviewed research and noting that no licensed venue operators or constituents in her electorate had contacted her office to oppose the bill.
“We would rather explain to a young person that the Palaszczuk government is imposing a call for last drinks at 2 am than explain to their loved ones that are not coming home because they are lying in a hospital bed or, worse, because they were killed by a senseless act of violence.”— 2016-02-17View Hansard
Opposed the bill as deputy chair of the committee, noting that 97 per cent of the 767 submissions were against the laws, that not one submitter in Cairns supported them, and that the casino exemption created unacceptable inconsistencies.
“I believe that this issue again needs a multi-faceted approach, rather than simply reducing trading hours and introducing a lockout, which is the primary objective of the Bill.”— 2016-02-17View Hansard
Supported the bill as chair of the Legal Affairs and Community Safety Committee, detailing the peer reviewed evidence gathered from visits to Newcastle, Kings Cross, Sydney CBD and Queensland precincts, and noting that the industry's arguments were built on assumption and hearsay.
“For the sake of those family members of Col Miller and Trevor Duroux and the spouse of Melissa Abdoo, do not let this opportunity pass you by, be on the right side of history and support this bill.”— 2016-02-17View Hansard
Opposed the bill, emphasising the committee unanimously agreed more evidence was needed, that Cairns and Townsville had effective local solutions already in place, and that mandatory ID scanners should be a central part of any strategy rather than reduced trading hours.
“It is irresponsible for the government to legislate before it has the evidence right. It has admitted in its policy proposal today that it will undertake a review after 18 months or two years because it does not have the evidence right now.”— 2016-02-17View Hansard
Supported the bill drawing on his 15 years as a front-line paramedic, describing the violence, threats and assaults he experienced on the streets of Cairns during night shifts, and arguing that governments must take the lead in setting a standard.
“How many assaults per night are we going to decide as a House is acceptable? Is it 100? Is it 50? Is it one? I say it is none.”— 2016-02-17View Hansard
Opposed the bill as nanny-state paternalism, arguing there was no convincing evidence the laws would achieve what the government promised and that the multifaceted Safe Night Out Strategy was the appropriate approach.
“There is no convincing evidence that these laws can achieve what the government has been promising.”— 2016-02-17View Hansard
Supported the bill drawing on over 25 years as an intensive care paramedic in North Queensland, describing the traumatic scenes he encountered in the Townsville nightclub precinct and arguing the evidence from other jurisdictions shows lockout and liquor laws do make a change for the better.
“If we do nothing it becomes accepted behaviour. As someone who forms government I will not accept this behaviour.”— 2016-02-17View Hansard
Opposed the bill as an addiction medicine specialist, arguing it was a one-dimensional supply reduction measure that failed to address illicit drugs, preloading, education, and demand reduction, and that data collection mechanisms were flawed and inadequate for evidence-based policy.
“Unfortunately, the current one-dimensional, zealot-like proposal within a narrow supply reduction legislative framework currently before the Queensland parliament is inadequate and deficient given that it is not an enhanced, multifaceted, broad-ranging, whole-of-government solution.”— 2016-02-17View Hansard
Supported the bill as a committee member, citing evidence from Newcastle and Sydney showing that lockouts and reduced trading hours had been effective in reducing assaults and that the number of licensed premises had actually increased in those areas.
“Based on international, interstate and local examples, we know that lockouts and a reduction in the hours that liquor can be served has been effective in reducing alcohol related violence.”— 2016-02-17View Hansard
Opposed the bill, expressing concerns about displacement of violence to suburbs, lack of education and transport measures, casino inconsistencies, and the patronising way the government lectured opposition members as though they did not care.
“These are complex issues and the government does not have the panacea that it thinks it has.”— 2016-02-17View Hansard
Supported the bill as Minister for Environment, citing peer reviewed research on lockouts reducing violence and quoting the Leader of the Opposition's own 2010 statements supporting trading hour restrictions, accusing the opposition of being motivated by politics rather than evidence.
“Something has changed and it is not public opinion. We know the Queensland public overwhelmingly supports these laws. So what is going on? What is motivating them? It is politics and nothing else.”— 2016-02-17View Hansard
Opposed the bill drawing on 25 years in the club industry, warning that closing venues too early would drive young people to unregulated suburban house parties with no cameras, no security and no police, creating far more dangerous environments.
“The government is trying to grasp the quicksilver that is young people's desire to go out and have a good time. It is trying to grasp it and control it. Let me tell you, it will squeeze straight through your fingers and you will have created one of the most dangerous environments that our young people could possibly be led into.”— 2016-02-17View Hansard
Supported the bill, arguing that evidence from Newcastle, Kings Cross and the Sydney CBD clearly demonstrated that reducing trading hours for alcohol service has a demonstrable effect on safety, and that doing nothing was not an option.
“This bill is not about punishing the majority at the expense of a few. It is about making our night-time economy, our streets safer for the benefit of the whole community.”— 2016-02-17View Hansard
Opposed the bill as a former LNP cabinet member, arguing that lockout laws were a simplistic sound grab policy, that the LNP's comprehensive Safe Night Out Strategy was working with early results showing assaults down nearly 10 per cent, and that other NSW areas achieved greater reductions without lockouts.
“Sound grab policies are not necessarily good policies. Know this also: the LNP cares about our kids and young people too.”— 2016-02-17View Hansard
Supported the bill, citing his twin brother's experience as a senior police officer in Gladstone and a recent 15-person affray in the Gladstone safe night precinct where arrested offenders recorded breath test readings as high as 0.200.
“Nothing good ever happens after two o'clock in the morning. I would rather go to a noisy party and shut it down than be confronted by 20 or 30 intoxicated patrons spilling out of a nightclub and fighting.”— 2016-02-17View Hansard
Opposed the bill on both principle and practicality, arguing prohibition has never worked, that the legislation was incoherent and inconsistent with different closing times across areas, and that it failed to address the core cultural issues behind violence.
“I am against this particular legislation because this is bad policy. We are all concerned about alcohol fuelled violence. We all want to see a reduction, but we need to have good, effective laws that will make a difference.”— 2016-02-17View Hansard
Supported the bill as Minister for Disability Services, sharing devastating stories from families whose loved ones received permanent injuries from nightclub altercations and citing extensive research that reduced liquor trading hours correspond to reduced alcohol related harm.
“As a parent, I never want to have to open the front door to have police standing there waiting to tell me that my daughter has been assaulted or, worse still, seriously injured while out with her friends.”— 2016-02-17View Hansard
Opposed the bill, arguing the legislation was a bandaid solution that ignored the emergence of ice and steroid use, would harm the Gold Coast's tourism industry, and that the LNP's Safe Night Out Strategy was comprehensive and was producing results.
“What we have before us in this legislation is not a panacea. A something-is-better-than-nothing attitude will not guarantee the safety of our kids.”— 2016-02-17View Hansard
Supported the bill as a rehabilitation nurse, speaking of his own experience being king-hit outside a pub 25 years ago and arguing that the evidence for the measures was strong and that cultural change around drinking must be driven by legislative action, as was done with smoking.
“The emotions make me want to act, but the evidence tells me what to do and the evidence for these measures is strong.”— 2016-02-17View Hansard
Opposed the bill, arguing that prohibition, taxation and restricted trading hours have historically failed to change behaviour, citing the six o'clock swill and the alcopop tax as examples, and warning that people would simply move their drinking to homes and suburbs.
“The definition of insanity is doing the same thing again and again and expecting a different outcome.”— 2016-02-17View Hansard
Supported the bill, citing alarming data from Townsville police showing assaults at around 11 per cent and good-order offences at 40 per cent in the drink safe precinct, and quoting the Townsville Hospital emergency department specialist on the 25 per cent reduction in serious presentations after NSW reforms.
“If members do not support this bill, every morning they wake up and look in the mirror they need to hope and pray that no-one has had their cheekbone shattered, their eye socket smashed or their vision or memory lost due to a traumatic head injury attributed to alcohol fuelled violence.”— 2016-02-17View Hansard
Opposed the bill as a registered nurse and domestic violence survivor, arguing the legislation would only push the problem into areas without police or cameras, that alcohol fuelled violence in the home was not addressed, and that the LNP's Safe Night Out Strategy was a more comprehensive approach.
“As a survivor of domestic violence, it would not have mattered if a pub or a club was open till 6 am. The violence was brought home anyway and it did not have a curfew.”— 2016-02-17View Hansard
Supported the bill as a committee member, citing research showing the risk of assault increases by 20 per cent for every hour alcohol continues to be served after midnight, and detailing the enormous cost to taxpayers of policing safe night precincts.
“I would rather explain the Palaszczuk government's call for last drinks at 2 am than explain to people why their loved ones are not coming home because they are lying in a hospital bed, or worse.”— 2016-02-17View Hansard
Opposed the bill drawing on his 14 years in the Ambulance Service, arguing the government was failing to address the numerous factors contributing to violence including drug use and that the Safe Night Out Strategy's early results showed it was working.
“Community attitudes need to change, not lockout times. Education, respect for others and the law need to be the focus in any new laws or political debates.”— 2016-02-17View Hansard
Supported the bill as the member living in Fortitude Valley, arguing cultural change was needed to send the message that alcohol fuelled violence was no longer acceptable, and that licensees would have two years to adjust to the changes.
“Do nothing was not an option that this government would go to the election with or do in relation to this matter. I am in the Valley regularly. As I said, I live in the Valley, I see what goes on and do nothing is definitely not an option.”— 2016-02-17View Hansard
Opposed the bill as simplistic legislation that did not take into account the many factors contributing to violence, questioning the deal done with the Katter party and arguing the government's approach would destroy jobs.
“I have heard so much from those opposite tonight about what great legislation this is, but it is the most simplistic legislation that I have seen in this House.”— 2016-02-17View Hansard
Supported the bill as Minister for Main Roads, drawing parallels with road safety measures that restricted individual liberties for public safety, arguing the evidence was overwhelming and that the opposition was going soft on crime by opposing the bill.
“It is not a fair and reasonable thing for us to say that somebody's pleasure is a greater right than somebody's safety.”— 2016-02-17View Hansard
Opposed the bill, arguing the committee's recommendation for appropriate data collection demonstrated the evidence base was insufficient, that emergency departments lacked coordinated data collection, and that the LNP's multifaceted approach was superior.
“Good policy is not driven by politics or spin over substance. Tonight what we have heard is a motion, politics and spin, and that is driving policy.”— 2016-02-17View Hansard
Supported the bill, citing community support from his electorate including from the CEO of the largest licensed venue and quoting the 2010 parliamentary committee recommendation for a statewide 2 am lockout which LNP members on that committee had supported.
“When you limit the alcohol, you limit the violence.”— 2016-02-17View Hansard
Opposed the bill as Leader of the Opposition, acknowledging his previous statements supporting trading hour restrictions but arguing his views evolved after seeing the evidence and the success of the Safe Night Out Strategy in places like Townsville and Cairns, and questioning whether these laws would fix or merely shroud the problem.
“If you had asked me three or four years ago before we considered this in government whether an extension of the current lockout laws in Queensland was going to make a difference, I would have initially, instinctively and emotionally said yes. We decided though on a journey contrary to that in government which was a more evidence based position.”— 2016-02-17View Hansard
Supported the bill as Minister for Health, citing rising alcohol related ED presentations at the RBWH of almost 40 per cent, the financial cost of rehabilitation for acquired brain injuries, and accusing the LNP of hypocrisy in promising but never delivering a conscience vote.
“The most offensive thing that we have heard in this debate is the claims by the members opposite that if this legislation passes there will be an increase in sexual assault in suburbs after closing time.”— 2016-02-17View Hansard
Opposed the bill as former attorney-general, arguing the government had abandoned the LNP's comprehensive Safe Night Out Strategy including mandatory ID scanners and school education, and that the deal with KAP to delay the lockout by a year contradicted claims of urgency.
“If they are so concerned about deaths and violence in Queensland, why delay it a year? If they are putting their whole political career on this very issue, how can they delay it for a year?”— 2016-02-17View Hansard
Supported the bill as Minister for Police, arguing the evidence was mountainous and that the LNP's Safe Night Out Strategy had demonstrably failed with 324 assaults on police officers and 13,305 reported offences in safe night precincts in 2015.
“If ever there was a bill, of all of the bills that have been before the House in the four years I have been a member, that deserved support, this is the bill that counts.”— 2016-02-17View Hansard
Opposed the bill as a former police officer who oversaw the Townsville nightclub precinct for eight years, arguing the legislation was ill-conceived and fell far short of what was required, and criticising the government for blocking him from giving evidence to the committee.
“This bill is ill-conceived. It has more holes in it than the Titanic. Tackling alcohol fuelled violence is more than making some changes to lockout laws and trading hours.”— 2016-02-17View Hansard
Supported the bill as a maxillofacial surgeon who left his career to enter parliament specifically to advocate for these laws, arguing the bill would reliably produce a one-third reduction in young people presenting at emergency departments after assaults.
“This bill is more important, more powerful than any operation that I could ever do. It is powerful because it prevents harm.”— 2016-02-17View Hansard
Opposed the bill as a father of four sons, arguing the legislation ignored the elephant in the room of drug fuelled violence, particularly the combination of alcohol and methamphetamines, and that the government was simultaneously proposing to water down criminal gang laws.
“The elephant in the room for me tonight is simply this: why is it that this legislation only tinkers at the edges?”— 2016-02-17View Hansard
Opposed the bill, arguing it would cost hundreds of jobs in Airlie Beach for bartenders, cleaners, DJs and security guards, that the committee never even visited Airlie Beach despite its tourism significance, and that the legislation had more holes than a tea strainer.
“Right now, jobs are at a premium in many parts of regional Queensland. We cannot afford to have those jobs disappear.”— 2016-02-17View Hansard
▸In Detail
Amendments 1-20 phasing in the 1am lockout for safe night precincts from 1 February 2017 instead of 1 July 2016, giving the industry, law enforcement and community time to adjust. The 2am last drinks and 3am precinct last drinks still commence 1 July 2016.
Amendments 1-3 correcting minor drafting errors and cross-referencing issues identified by the parliamentary committee, including correcting section references in clauses 18 and 55.
Amendment requiring the Minister to arrange an independent review of the operation and effectiveness of the key provisions as soon as practicable after 1 July 2018, and to table a report of the review's outcome in the Legislative Assembly.
Supported the bill after negotiating amendments to phase in the 1 am lockout until February 2017, giving industry and precincts time to adjust and assess the measures put in place.
“It was extremely important to give the industry, law enforcement and other parts of the community time to adjust and assess the measures put in place.”— 2016-02-17View Hansard
Supported the bill and moved an amendment requiring a mandatory independent review of the legislation after two years from commencement, to ensure the full impacts and benefits of the laws are assessed with solid data.
“It is also vital that the full impacts and the benefits of these laws are assessed at a point when solid data can be collected and reviewed.”— 2016-02-17View Hansard
Referenced Entities
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