Liquor Newsflash – Safety Rating System – How Will It Work?

Along with the controversial restrictions on 48 licensed premises announced by Premier Nathan Rees on 30 October last year (discussed in our November update - click here to read), was the suggestion of a longer term solution to the problem of alcohol related violence.

The government has now released a discussion paper in relation to the introduction of a safety rating which is open for public comment until March 31.

The rationale behind a ratings system is that it will enable safe venues to be recognised and rewarded with a high safety rating, which will make these venues more attractive to consumers and potentially increase the patronage of these venues. Venues will have an incentive to increase safety performance in order to attract patrons.

The 2am lockout and other restrictions on specific premises were only ever intended as a "quick fix" measure to the apparently urgently pressing problem of alcohol related violence, with better long term measures promised in the future. The Premier introduced the measures in a knee-jerk reaction to anti-hotel hype generated by tabloid newspapers such as the Daily Telegraph. When the legality of the restrictions were challenged in the Supreme Court by a number of premises, several of whom were represented by gadens lawyers, the Premier was able to avoid the proceedings and legal challenge by pushing new restrictive laws through parliament.

In a welcome sign, the discussion paper concedes that a voluntary, non-statutory scheme, is preferable to the imposition of restrictive licensing conditions on businesses that may compromise loans or the ability to obtain loans, damage business reputations and may result in a criminal record for non-compliance.

It is hoped that the introduction of a rating system will replace the existing restrictions and will be a much fairer and more sensible approach to tackling the issue of alcohol related violence.

It seems likely that participation in a ratings system will be compulsory for high risk venues such as hotels and nightclubs, but may be voluntary for other licensed premises such as restaurants.

Display of ratings is likely to be made mandatory, which could mean that the rating of a premises may have significant impacts on the profitability or otherwise of the business, depending on whether a poor rating does in fact act as a deterrent for potential patrons.

The types of matters that are suggested by the discussion paper as potentially relevant to an assessment of safety ranking include:

• venue entry and exit, including lighting and visibility inside the venue and at entry and exit points
• ease of movement through the venue
• maintenance of the venue
• security measures including CCTV and adequate security and other staffing
• staff and management attitudes to patron safety, training and knowledge of regulatory requirements
• use of non-breakable drinkware during designated periods
• food service
• public transport services
• safety measures relating to amenities including toilets, public telephones, and parking
• responsible service of alcohol, drink spiking prevention and other safety initiatives
• workplace health and safety
• responsible advertising and promotions
• useful, accurate and informative signage
• management planning for special events
• Liquor Accord participation
• history of alcohol-related violence
• policies in place to contain and deal with any violence that does occur on or near the venue, including reporting to police.

Different criteria may apply for different sized venues.

The discussion paper calls for comments on many aspects of the proposed safety ratings system and provides an important opportunity for stakeholders to have a say in relation to what could potentially be a very significant reform of the liquor industry.

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