The aim of these reforms is to:
- enhance the effectiveness of enforcement tools
- review the powers of authorised DLGSC officers and WA Police officers in enforcing compliance with the legislation
- encourage licensees to comply with their obligations.
The key proposals being explored in Theme 3 include:
Enhancing harm minimisation options
Several harm minimisation tools are available to the licensing authority:
- Barring Notices: Enables police to bar a person from licensed premises if a person has committed violence, engaged in indecent or disorderly conduct or has broken a law ‘on or in the vicinity of a licensed premises’.
- Prohibition Orders: Police can apply to the Director of Liquor Licensing for a prohibition order to be made against a person who has been involved in anti-social behaviour in or around licensed premises, or whose presence or employment in licensed
premises is deemed to be problematic due to their involvement in serious or organised crime.
- Penalties: Fines and prison terms for offences under the Act.
This reform will consider whether some of these tools can be enhanced to increase their effectiveness in reducing harm, including:
Expanding the use of barring notices to reduce alcohol-related violence that occurs beyond the vicinity of licensed premises. For example, people who commit family or domestic violence away from a licensed premises.
- Ensuring penalties are relevant, modern and rapidly address breaches to protect the community from harm and increase compliance. For example, penalties for supplying liquor to an intoxicated person or a juvenile. (Penalties will be reviewed in consultation
with the Department of Justice).
- Providing inspectors with power to impose lower-level penalties and sanctions, to more rapidly address complaints and non-compliance.
- Reviewing administrative sanctions for suspension and cancellation of licences.