Secretary's Guidelines to Prevent Intoxication

On 1 March 2015, the remaining parts of the Liquor Legislation Amendment (Statutory Review) Act 2014 commenced.  An important change was the amendment to the licensee’s defences to the charge of “permitting intoxication”.  No longer will licensees be able to take the “all other reasonable steps” defence.  Instead the defence is that the licensee “took the steps set out...

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The Liquor Legislation Amendment (Statutory Review) Bill 2014 passes through Parliament

The Liquor Legislation Amendment (Statutory Review) Bill 2014 passed through the Lower House of Parliament on 23 October 2014 and then through the Upper House on 12 November 2014. The Bill will commence on its proclamation. The Bill is quite large and follows the Government response to the Liquor and Gaming Review undertaken by Michael Foggo in 2013. As such, there are a...

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Are things that bad in NSW? Are the further changes to the NSW Liquor Act going too far?

The 29 October 2014 edition of the newsletter published by the Victorian Commission for Gambling & Liquor Regulation, mentions increased penalties for service of alcohol to minors. This newsletter can be found at: http://www.vcglr.vic.gov.au/home/resources/newsletters/ The newsletter has prompted these thoughts – it is interesting to compare the regulatory...

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Change from Director-General to Secretary

Liquor licensees will know that the decision makers in the Liquor & Gaming Jurisdiction of NSW are the Independent Liquor & Gaming Authority (or ILGA) and the Director-General of the Department of Trade & Investment, Regional Infrastructure and Services (or Director-General). So who is the “Secretary” of Trade & Investment? Some licensees may have...

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Apprehended Bias within ILGA and O'Hara's Case

Background Last November, the Chairperson of the Independent Liquor & Gaming Authority of NSW (ILGA) publicly said that “I hate gambling and I despise poker machines” and that he is a “dedicated non-gambler”. How confident then, does an applicant in a gaming machine threshold increase application, feel about receiving a fair hearing before ILGA? This was an issue...

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1:30am Lockout and 3:00am Last Drinks Restrictions, were they really necessary, according to the latest BOCSAR Crime Statistics?

Yesterday’s BOCSAR media release raises some interesting statistics and prompts the questions – were the 1.30am lockout and 3.00am last drinks restrictions imposed on 24 February 2014 really necessary in the circumstances? Also, are the next round of restrictions to commence on 18 July 2014 really necessary as well? These restrictions affect licensed premises in the...

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