SA Govt to keep 3am lockout, considers less red tape for venues

South Australia will keep its 3am venue lockout but it will be reviewed in two or three years “for their effect to be assessed over a longer term.”

This was one of the State Government’s responses to the state’s first review of its liquor licensing in 20 years.

The analysis was conducted by former judge Tim Anderson, and released in July with 129 recommendations. These were the result of 89 submissions from community and business groups, and further interviews with 60 others.

According to Deputy Premier John Rau, the Government accepts most of the Anderson proposals but rejected some outright.

Venues will benefit from streamlined red tape, and changes to the way residents and councils can object to news applications.

But operators would not be pleased that the SA Government is also considering a new fee structure, which would rise depending on how long a venue stays open. It would also depend on how many patrons it can have, and the number of breaches its owners have committed in the past.

But the Government notes “the need to consider the impact on licensed premises that have large capacity but generally very low patronage or small client base.”

It will consult with venue owners on what an appropriate fee would be.

Tougher fines will be levelled at those supplying alcohol to under-18s but staff and owners will no longer face jail time. But they will be included on a “risk” register. 

The current Needs Test to gain approval to get approval for a liquor licence will be replaced by a new Community and Public Interest Test, which would be higher for “high risk” venues, usually those trading after 2am.

Late night venues will have to stop trading for three hours between the hours of 3am and 8am.

Other recommendations adopted include a ban on alcohol ads on public transport and bus shelters from 2017.

The Government has committed itself to conducting a feasibility study at public transport across Adelaide after midnight, more police patrols outside licensed venues, and an online platform whereby venues could collectively ban a troublemaker from an entertainment precinct. 

The Government has rejected for now Anderson’s recommendation that the small bar licence – introduced in 2013 to cut red tape for venues with an under-120 capacity and been a success with over 70 licenses approved – be expanded to North Adelaide. The Government wants another two or three years to effectively judge the success and impact of the licences.

The Government rejected that venue staying open after 1am to introduce ID scanners. Staff would be required to check the ID of anyone who looks aged under 25. Rau admits 25 is an “arbitrary” age, that it would be difficult to enforce, and faces privacy issues.

Patrons refusing to offer IDs can be kept out, and counterfeit IDs can be confiscated.

It also rebuffed the recommendation that any venue which breached conditions in the past 12 months be hit with a penalty fee when it renews its licence annually. The Government said this would mean venues would be “effectively penalised…twice for the same offence.” 

The full report is here.