Change on the way for Wentworth Park
The State Government
is considering revisions to the laws governing the operation of licenced
premises. Two of our members have responded to the proposed changes in
the letter reproduced below. The Society has also commented on the proposals
and its submission is contained in the January/February 2006 Bulletin.
"We
would like to comment on this draft legislation as it affects the operation
of hotels in residential areas.
"We
live within about 300 metres of three hotels in the Forest Lodge area
that generate significant issues for the local community. Those problems
are not being addressed appropriately at present from a community perspective
and we believe the proposed changes will greatly weaken the existing regulatory
framework (which is far from perfect).
"We
recognize the right of people to drink & enjoy themselves in a hotel
setting but where the hotels are located in residential areas the rights
of the local community need to taken into account. In our case, many of
the hotel patrons are not local residents and are a source of considerable
noise, congestion and pollution (cigarette butts, bottles, vomit and so
on).� Late night trading has a particularly adverse
effect on the local community.� For
their part, the hotels deny that any problems exist and have consistently
argued for an extension of trading hours in opposition to the local community.
"Excessive/binge
drinking is already a problem in our area.�
At one level such behaviour is a matter for the individuals concerned
but the community has a clear interest where the costs of such behaviour
are imposed on others.�
"Allowing
hotels to operate from 5am to midnight is far too liberal in our view.� The policy needs to allow for the fact that
some patrons will not leave the hotel area until well after the end of
trading hours.� In our experience
a closing time of midnight can result in noise from patrons in the street
arguing, talking loudly and starting cars as late as 1am.�
This is completely unacceptable for the local residents particularly
on working days.� We would suggest
a closing time of 11pm at the latest where hotels are within, say, a 100
metres of residential properties.
"The
proposed extension of Sunday trading hours will add to the problems our
community already faces.� We see
no justification for the proposed change.
"In
our view the proposed procedures for granting liquor licence applications
represents a considerable weakening of the present arrangements.�
The Director of Liquor and Gaming will not have the same degree
of independence as the Licensing Court of NSW.�
In addition the weakness of the proposed changes is underlined
by the fact that appeals against decisions by the Director could only
be mounted by the applicant.� That is a member of the public could not lodge
an appeal even though they might be materially affected by the decision.�
This represents a significant weakening of the current approval
procedure and swings it markedly in favour of the applicant for a licence
(or we presume any change to licence conditions).
"In
terms of the regulatory framework for noise/disturbance complaints, the
proposed abolition of the Liquor Administration Board is a backward step
as the Board has played a useful role in moderating the impact of hotels
in response to community complaints.
"The
proposed disciplinary framework is also of concern.�
Action can only be initiated by the Police and the Director of
Liquor and Gaming, not local authorities or others. The complaint would
then be considered by the Director rather than the Licensing
Court.��� Having
the person initiating possible disciplinary action also being the one
to actually consider it is very poor governance and not in the interests
of any of the parties.� Appeals
are currently heard by the Licensing
Court and can be lodged by either the licensee
and/or the complainant.� Under the
new arrangements, the appeals would be heard by the Director under a more
limited range of circumstances.� Appeals
would only be possible when specific action is taken by the Director (or
the Police and/or Director initiate such action).��
Where specific remedial measures are proposed, they can only be
appealed by the Licensee and the Police.�
That is, there would be no possible role for a member of the community
to appeal, which seems inappropriate and a denial of basic rights.
"Overall,
the proposed changes would leave hotel Licensees in a much stronger position
relative to the general community.�� The
proposed changes would also place considerable additional responsibilities
on the Police.� In our experience,
the local police are already very hard pressed dealing with higher priority
community issues.� They are unlikely
to have the time and resources to take the initiative in respect of hotel
activities except in the most egregious circumstances.�
For example we know from our own experience that complaints go
unrecorded� - we could elaborate if specific examples are
required."
Ewen
and Barbara Waterman
Forest
Lodge
December
2005
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