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Submission
to the Liquor Review 1996 Host Responsibility
Promoting healthier
drinking
- The Alcohol &
Public Health Research Unit supports a
strengthening of the aspects of the Act (eg.
13(1)(d) and 14(4)(d)) which encourage
responsible management by licensees and the
consumption of food with alcohol (Wyllie, Holibar
& Tunks 1995; Hill & Stewart 1996). These
are seen as the key to improving drinking
environments and drinking practices by patrons
(Saltz 1987; Single 1994). The concept of 'host
responsibility' should be specifically named in
the Act in relation to criteria and conditions
for all types of licence.
- The Alcohol &
Public Health Research Unit supports the
re-introduction of Clause 246 from the 1962 Act
or a similar prohibition of promotions or pricing
which encourage excessive or faster drinking.
Crowding
- The Alcohol &
Public Health Research Unit supports the
inclusion of maximum capacity as a condition of
the licence. In New Zealand, crowding in some
student pubs and nightclubs has been reported as
reducing the awareness of licensees, managers and
staff of underage drinkers, levels of
intoxication and incidents of aggressiveness,
broken glass, etc., as well as impeding
inspection and enforcement by police officers.
However, the capacity of premises does not seem
to have been considered in licensing decisions
since the cessation of statutory reporting by
fire officers. Having the maximum number of
patrons permitted in the premises notated on the
licence will enable enforcement agencies to use a
breach of this condition as a reasons to close
the premises, in cases where people's safety is
at risk through overcrowding.
- Crowding has been
identified as a contributing factor to violence
on licensed premises (Homel, Tomsen &
Thommeny 1992; Macintyre & Homel 1996).
Western Australia legislation allows conditions
to be imposed on a licence 'to ensure public
order, especially in regard to large number of
people', while in Manitoba the capacity of
premises is set through regulations.
Public health input
into licensing
- The requirement of
Medical Officers of Health to report on licence
applications and renewals has contributed a
public health perspective on licensing which
complements the more regulatory and enforcement
oriented perspectives of the other statutory
agencies. Locally based Health Protection or
Health Promotion Officers inquiring on behalf of
Medical Officers of Health have developed a very
useful role in promoting responsible host
practices on licensed premises. The active
presence of a health promotion officer working
with licensed premises tends to increase the
attention given to food and other host
responsibility practices by officers of other
statutory agencies (Hill & Stewart 1996).
- However, this work is
not well supported by the Act. Nor are the role
and routine work of the Medical Officer of Health
backed by the same power to apply for closure,
suspension or cancellation that the police and
inspectors have in their area of competence.
Reasons Medical Officers of Health may have for
applying for a suspension or closure would
involve situations of risk of alcohol related
harm to the public or individuals, such as events
or promotions encouraging gross intoxication or
risking injury, or continuing non-compliance with
host responsibility requirements. (Under the Food
Hygiene Act, however, the Medical Officer of
Health may suspend or cancel a premises' licence
to sell food.) This role of the Medical Officer
of Health is discussed further under 9(c)(i)
below.
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