STRATEGIES TO ADDRESS

							          STRATEGIES TO ADDRESS


        ALCOHOL RELATED VIOLENCE


        AND ANTI SOCIAL BEHAVIOUR




                   A SUBMISSION



        To THE VICTORIAN GOVERNMENT



                           From



THE ASSOCIATION OF LIQUOR LICENSEES MELBOURNE




             Author: Brian Frewin, Secretary ALLM




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1 Executive Summary
The Association of Liquor Licensees Melbourne (ALLM) agrees with recent and significant government task
force conclusions that broad based and comprehensive strategies are necessary to address issues of concern in
relation to alcohol consumption and to deliver sustainable outcomes.
The ALLM has therefore developed a comprehensive set of strategies in line with those conclusions. This
submission outlines those strategies for the government consideration, each being sufficiently developed
conceptually to facilitate adoption as policy initiatives by the government. Following adoption as policy, each
strategy should then be further developed by the appropriate government organisation (as each of the ALLM’s
proposals may not necessarily fall within the Consumer Affairs portfolio). The ALLM is committed to work
with government at any level to assist develop these strategies.
The ALLM seeks formal consultation with government to that end and to facilitate co-operation by member
licensees in addressing current and future alcohol related issues.
The strategies when combined form a cohesive and sustainable approach to addressing the issues of concern.
Some of the strategies expand upon government initiatives that are already in place, albeit at localised levels and
on an ad hoc basis.
The strategies are summarised as-

    1) An education strategy targeting all Australians, particularly youth, on “Responsible and Safe
        Socialisation”

    2) A review and alignment of infrastructure to support Melbourne’s reputable and established
        entertainment culture

    3) A collaborative approach to maintaining the amenity balance

    4) An expanded and more comprehensive approach to compliance

    5) The implementation of audits of licensed venues

    6) A review of penalties coupled with the introduction of incentives for licensees

    7) The facilitation of professional development and ongoing accreditation for licensees and there
        staff

    8) An expansion of the existing Responsible Service of Alcohol initiative

    9) The introduction of zero tolerance for public order offenders

    10) The consideration of Identification Scanners as a tool for licensed venues

The ALLM considers this a comprehensive approach as strategies compliment each other. Some strategies able
to be implemented almost immediately as tools which support them already exist, ad hoc and under utilsed, in
various government agencies.

The ALLM believes that, by developing and implementing these strategies through a collaborative approach
involving all stakeholders, full and sustainable outcomes will be delivered to the satisfaction of all parties, and
within acceptable timeframes.
The ALLM is anxious to work with all stakeholders towards common goals.
2       Introduction
It is generally accepted that a broad and comprehensive range of strategies is necessary to address the inter-
related issues of alcohol related violence, anti-social behavior, underage drinking and associated mental health

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problems (broadly referred to here-in as “anti-social behavior”). Recent significant Government reports agree
with that conclusion1.
This submission to the Victorian government is provided by the ALLM for urgent consideration as a
comprehensive and inter-related strategic approach to address those issues. The ALLM has developed this
approach in consultation with its members and other stakeholders in response to the government’s approaches
currently under consideration and in part under implementation, including but not limited to the interim 2am
Lockout Order by the Director Liquor Licensing.
This submission is unanimously supported by ALLM members. We intend to encourage public debate on and
canvas this submission with all stakeholders, including government at relevant levels, police, councils and the
public. The government is urged to join with the ALLM in that wider consultation and to consult with us
independently.
The ALLM is not in a position to ascertain which government portfolio should consider each of the strategies,
therefore the ALLM intends to forward this submission in its entirety to the Ministers it considers appropriate,
highlighting for each the particular area(s) relevant to their responsibility. We assume that the Minister for
Consumer Affairs would play the pivotal role in liaising with the relevant government agencies. It is also worthy
of note that tools to support some of these strategies have already been developed by government agencies but
remain under utilised and apparently ad hoc.
A separate submission is being prepared in response to the government’s request to provide evidenced based
arguments to support the overwhelming view by licensees and the public that recent government approaches to
these issues, including whole precinct lockouts, are inappropriate, counter productive, and will be ineffective
towards achieving the government’s objectives. We urge the government to consider those views simultaneously
with this submission, as there is significant and growing public sentiment which supports those views.

3 Underlining Premise of the ALLM’s Strategic Approach
The key elements of the ALLM’s recommended strategic approach are premised on the need for collaborative
efforts between government (at all levels), licensees and the community. The ALLM contends that only through
voluntary and collaborative efforts will there be a proper, acceptable and sustainable “restoring of the balance” -
which is the apparent motivation for and objective of the government’s current endeavours.
The ALLM makes no attempt to qualify or quantify what the appropriate balance should be, as that is a
subjective argument and one which should involve all stakeholders. The appropriate balance is also arguably a
shifting target.
The ALLM suggests that any strategies adopted in these endeavours should include appropriate checks and
balances to facilitate continuing review, recognising that the appropriate balance may change over time. The
ALLM contends that the government’s current strategies do not contain sufficient checks and balances to
ensure sustainable change, regardless of perceived outcomes.




4 Alternative Strategies

4.1 An Education Strategy for ALL Australians- “Responsible and Safe
    Socialisation”
The aim of the Safe Socialisation Education Strategy is to reduce anti-social behaviour through educating people
on the personal responsibilities that come with the consumption of alcohol and on the community’s acceptable
standards of social behaviour, whether within licensed premises, in public places or in private.



1
    E.g. ICEP; Scheffer Report
                                                   Page 3 of 14
The education would target all Melbournians (including tourists), educating them with the community’s
expectations and empowering them with the relevant facts, tools and attitudes for appropriate social
interactions. Through empowerment, proper consideration of and respect for safe and enjoyable sharing and use
of the diverse amenity offerings of our City would follow.
The empowerment should be based upon reward for appropriate social interaction and penalty for inappropriate
interaction. Such empowerment would come from educating citizens on how to behave and what is expected of
them.
The empowerment strategy is directionally opposite in approach to strategies such as lockouts which attempt to
force (unwanted) change on behavioural patterns and to remove options for socialising away from the
community. It is universally accepted that change, especially change which threatens freedom of social choice,
creates rebellion.
Comprehensive education strategies would need to be developed and individually tailored to relevant target
audiences. A strategy targeting youth follows by way of example-

4.1.1 Education and Empowerment of Youth
Most Year 12 students will begin to experiment in social interactions involving alcohol consumption as they
grow from teenagers into adolescence. However there is a distinct lack of appropriate education to support
that growth, apart from unmanaged and often conflicting family experiences and values.
Testament to the lack of appropriate youth education is the problems evident annually during “school break-
ups” as well as the current issue of youth binge drinking.
All Year 11 and 12 and junior tertiary students should be provided with education and counselling on a
range of social standards, e.g.-
       The facts of “clubbing” and what behaviour is acceptable when socialising in licensed venues;
       Appropriate public and private behaviour;
       What to expect at nightclubs, e.g. Door Policies, RSA requirements;
       Recognising signs of alcoholism;
       Combating peer pressure
       drink-driving
 Information Packs should be developed in appropriate language and with appropriate appeal and
 distributed through schools and other education institutions. Education could be further enhanced and made
 attractive through Presentations at schools and other institutions by Club owners, police and councils.




4.2 Review and Enhancement of Appropriate Infrastructure
The aim of a review of infrastructure is to reduce anti-social behaviour through ensuring appropriate
infrastructure is in place to support appropriate social behaviour and social habits.
In the first instance a review is necessary to identify infrastructure shortcomings which may contribute to unsafe
socialisation. Secondly, best practice infrastructure approaches should be developed which will support the
community needs and expectations for safe socialisation - within the parameters of the empowerment for
proper and shared enjoyment which flows from the education strategy above.
The ALLM contends that the significant development of Melbourne as a world recognised entertainment city
over the past two decades has not been matched with appropriate development in supporting infrastructure.
The ALLM understands that by its nature the implementation of appropriate infrastructure often lags
unanticipated levels of growth. However the ALLM contends that Melbourne’s internationally recognised status
as a culturally diverse and late night entertainment city has been both desired and proactively pursued by its
citizens and its government.

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The ALLM contends therefore that urgent review of and improvements to supportive infrastructure are well
overdue and are the appropriate strategic approach, rather than curtailment of the same social vibrancy that its
citizens and visitors have consciously been encouraged to expect.
The significant and long term investments that have been made both privately and by government in
establishing Melbourne as a globally hospitable and competitive city on the world stage warrants infrastructure
which exemplifies world best practice. Infrastructure in this context refers to a range of matters, including
whether there are-
 1.1     Adequate public transport options in key entertainment precincts across the peak times where anti
         social behavior has been evident;
 1.2     Adequate taxi services available at times of reasonable demand; together with adequate strategically
         located and manned safe taxi ranks;
 1.3     Available car parks open 24 hours and security patrolled to deter anti-social behavior through reducing
         on-street parking and pedestrian activity in unsafe places, damage to unattended vehicles and deterring
         drink driving;
 1.4     Sufficient and conveniently located, safe and hygienic public toilets;
 1.5     Sufficient and conveniently located safety zones and sobering up centers;
 1.6     Adequate visible permanent police presence to deter anti social behavior in entertainment precincts;
 1.7     Strategically deployed police patrols and response units; including regular patrols in areas under
         reasonable threat of ant-social behavior and areas of greatest people movement;
 1.8     Visible private security presence and patrols to support police to deter anti social behavior and to assist
         in maintaining the safety of our streets; funded jointly through licensees and government;
Reviews should include investigation into specific incidents of anti social behavior and potential causal impacts
that may be reasonably attributed to infrastructure inadequacies.
World best practice should be established by comparison of Melbourne’s infrastructure offerings with that
available in like minded cities with similar entertainment expectations and population diversities.

4.3 A Collaborative Approach to the Amenity Balance
The aim of a strategy which embraces a collaborative approach is to manage appropriate social behaviour and
thereby reduce anti-social behaviour through harnessing the knowledge, skills and resources of each of the key
stakeholders to work co-operatively toward mutually agreed outcomes as negotiated between all relevant parties.
A collaborative approach will also facilitate current and ongoing awareness of issues and shifts in the amenity
balance over time and recognition of changing priorities, such that joint efforts remain relevant and current.
ALLM Members and many other licensees have demonstrated their willingness to work collaboratively and
proactively with the key stakeholders of liquor licensing and other government agencies, police and councils in
voluntary Liquor Accords over recent years. Whilst there may be debate over the effectiveness and or
measurable outcomes of that initiative, the fact remains that collaboration was evident.
ALLM Members believe that the Accord process has been educative, productive and co-operative and has made
significant inroads in striking and restoring the appropriate amenity balance. Recent actions of the government
have rightly or wrongly been perceived by some stakeholders (including licensees and police) as having been
executed without proper regard to the Accord process and its forum for consultation. Consequently some
disenfranchising has become evident, however many licensees remain committed to the principles of and
involvement in Accords.
The ALLM believes that consultation collaboration and co-operation between all key stakeholders is a strategy
which offers far greater potential for productive outcomes than adversary positions of those stakeholders. The
Accord process is already well positioned to develop and implement this strategic approach in a timely manner.
Key elements of a collaborative strategy, (assuming it would be driven by the Accord process, but still relevant if
driven through other means), include-


                                                    Page 5 of 14
1.9    Establishing a Statement of Purpose and agreement on expectations by and from each active
       stakeholder in the Accord process;
1.10   Establishing a Code of Conduct which each Licensee must comply with to gain and retain membership
       of the Accord;
1.11   Develop incentives for Licensees to become members of Accords and for performance within or
       exceeding the Code of Conduct;
1.12   Depending on the particular incentives, agree on punitive measure for non-compliance with the Code
       of Conduct;
1.13   Establish an independent “Governance” mechanism to adjudicate on eligibility for the incentives and
       appropriateness of punitive actions and provide that governance with the power to implement same;
1.14   Establish clear objectives and set agendas to deliver stated outcomes in agreed timelines, including
       outcomes sought by the Director Liquor Licensing;
1.15   Conduct Accord meetings and forums on more frequent and regular timelines than the current Accord
       process (probably 6 weekly);
1.16   Conduct “Public” (resident and business stakeholders) forums regularly and with appropriate
       advertising and invitations;
1.17   Conduct regular reviews of effectiveness (probably 6 monthly).




                                                 Page 6 of 14
4.4 A Comprehensive Approach to Compliance
The government has already announced that the Director of Liquor Licensing is to be
provided with significant funds to establish a new Compliance Unit with “policing”
powers.
The aim of a strategy to extend the powers and responsibilities of the Compliance Unit is
to reduce anti-social behaviour by-
        a) Providing another avenue for education and re-enforcing the “Safe
           Socialisation” strategy (3.1 above);
        b) Widening the focus of resources to encompass the potential perpetrators of
           anti-social behaviour; and
        c) Enlisting the support of and working with licensees, as opposed to an
           adversary role with licensees.
The ALLM suggests that consideration should be given to developing an appropriate
strategy which extends the powers of the new Compliance Unit to cover, in equal
proportion, licensees, their patrons, and general public (alcohol related) behaviour.
Appropriate authority could be afforded to the new Compliance Unit to deal directly
with-
 1.18     On- License venues (to the extent of licensing compliance matters);
 1.19     Off-license venues (including public behaviour within reasonable proximity;
 1.20     Venue Patrons (to the extent of patron responsibilities within licensed premises,
          including for example the recently announced power to issue spot fines to
          patrons for inappropriate behaviour – a power thus far limited to Police for
          enforcement);
 1.21     Public behaviour (suspected alcohol related) within reasonable proximity of
          licensed venues;
 1.22     Public behaviour (suspected alcohol related) at public events;
 1.23     Public behaviour (suspected alcohol related) on the streets and in car parks;
 1.24     Citizen behaviour with regard to alcohol consumption at private residencies.
Extending the powers of the Compliance Unit to embrace some or all of these
circumstances would-
        (a) Target all areas where there is potential for irresponsible consumption of
            alcohol (rather than concentrating on licensee compliance for which, the
            ALLM contends, there is little justification for increased efforts and which will
            disenfranchise licensees from an otherwise co-operative approach with
            authorities);
        (b) Support and significantly increase efforts of other authorities (Police and
            Councils); and
        (c) If also included in the new Compliance Unit’s brief, compliment education
            strategies and efforts of best practice.
This suggested strategy for an expanded and more effective role of the Compliance Unit
would link with strategies included under 3.1 “Safe Socialisation” as already mentioned as
well as under 3.10 “Zero Tolerance for Public Order Offences”.




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4.5 Implementation of Licensee Audits
The aim of a strategy to introduce audits is to assist in the reduction of anti-social
behaviour through assisting licensees to operate their licensed venues at standards of best
practice.
Consumer Affairs Victoria (CAV) has already developed and recently produced a
guideline to assist licensees through undertaking voluntary audits. The ALLM considers
that guideline to be the basis of an effective tool for licensees and managers to monitor
the performance of their operations and constantly strive for improvements.
The ALLM considers that a strategy to further development and implement audits is
appropriate in an environment where collaboration and best practice standards are to be
pursued. The ALLM further suggests that the tools to introduce such a strategy already
exist, through the guideline already produced. The release of the guideline has gone
largely without promotion or support; however it has the potential to become a valuable
tool, and should perhaps over time be introduced as a formal compliance requirement
for licensees.
In the interim, so that timely action can be undertaken, the ALLM suggests an audit
strategy be implemented immediately on the following basis-
         a) CAV immediately incorporate the audit guideline into its Victoria Alcohol
            Action Plan (VAAP) as a voluntary initiative for licensees;
         b) Licensees be encouraged to undertake the audit as per the current guideline
            on a self assessment basis;
         c) Licensees be encouraged to seek advice or further guidance from CAV on
            the results of their individual audits, without fear of penalty for potential
            breaches. (Perhaps an amnesty period could be incorporated as an added
            incentive);
         d) Licensees be encouraged to provide feedback to CAV on the effectiveness
            of the audit, together with suggestion for improvement;
         e) The guideline be reviewed (if necessary) after 6 months, following licensee
            feedback
         f) Following review of the guideline, licensees be encouraged to undertake a 2nd
            audit (say within 8 months);
         g) Results of the 2nd audit be incorporated in each licensee’s “performance
            record” (refer 3.6 below)
         h) Annual audits be similarly undertaken and checked (collaboratively) by the
            Compliance Unit.
         i) The audit process is regularly reviewed.


This strategy compliments and supports other strategies here-in, particularly 3.3
“Collaborative Approach to the Amenity Balance” and 3.4 “Comprehensive Approach to Compliance”
as above and 3.6 “Review of Penalties and Introduction of Incentives for Licensee Performance” as
below.




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4.6 Review of Penalties and Introduction of Incentives for
    Licensee Performance
The aim of strategies to review penalties against and introduce incentives for licensees is
to reduce anti-social behaviour by fostering a licensee culture that will work co-
operatively and willingly with authorities and implement best practice as opposed to a
culture of minimum compliance.
A secondary aim is to provide authorities with reference points that would assist in the
identification of systemic issues and in review processes.
Licensing regulations have become increasingly comprehensive and penalties for non-
compliance are already perceived by licensees to be extremely harsh. Historically the
predominantly punitive approach by authorities to licensees has been reliant exclusively
on the impost of penalties for non-compliance. Without challenging the validity of or
necessity for this historical punitive approach, the ALLM contends that a predominantly
punitive approach on its own is no longer an appropriate strategy.
It may be reasonably concluded that this punitive approach has not resulted in a
significant or satisfactory minimisation of anti-social behavior. There would appear to be
no correlation between the levels of penalties and the abatement of issues of concern.
The ALLM suggests that the current lockout trial and other planned actions would not
be deemed necessary had the punitive approach been effective in addressing these issues.
The ALLM has already suggested that positive and proactive collaboration between all
stakeholders should be a key objective. If that is to be achieved, then alternative
strategies need to be put in place which foster and encourage best practice, as opposed to
strategies which target, often retrospectively, minimum levels of compliance.
Appropriate mechanisms need to be developed whereby punitive approaches are at the
least matched with incentives for achieving performance levels above compliance
requirements. Examples of issues for consideration include-
    (a) Fines and penalties being more directly related to potential consequences
        (including specifically anti- harm minimisation) for breaches by licensees;
    (b) A three stage approach to non-compliance - compliance should be ranked
        according to consequence and alleged breaches for lower ranked matters
        addressed through a more co-operative approach e.g.-
            a. Conciliation at local level with the licensee’s right to arbitration; then:
            b. Formal Warning with the licensee given the opportunity to remedy and
               even remove the Warning from its record; and if still not resolved:
            c. Penalty as last step (with rights to Appeal to Licensing Panel prior to
               VCAT Appeal process).
    (c) Penalties become either compounding or cumulative under a point system - i.e. a
        progressive “score card” is maintained for each licence (and precinct). A formal
        and continuing record of each licensee’s performance would assist authorities in
        their considerations on licensing issues and identifying potential systemic issues;
    (d) Licensees should be eligible for rewards for good practice by way of credit or
        contra “scores” to recognise and more accurately reflect ongoing compliance and
        performance and to allow comparisons both within and across precincts.
The ALLM suggests that licensees would welcome the opportunity to become
competitive in their endeavours to perform to best practice, rather than merely operating
to compliance standards, if they are recognised for their respective ongoing efforts.
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4.7 Professional Development and Ongoing Accreditation
The aim of a strategy which embraces professional development and ongoing
accreditation is to assist in the reduction of anti-social behaviour by encouraging higher
standards of professionalism within the industry and through improved qualifications for
licensees and their staff, so that they are better empowered to contribute towards the
common goals of all stakeholders.
Licensees are required to undertake educative courses and certifications prior to being
granted a license. On-premise liquor licences similarly impose a license condition that
requires staff engaged in serving alcohol to undertake a course in Responsible Service of
Alcohol (RSA) and achieve once-off certification as a condition of their employment
within a licensed venue.
Apart from these one-off requirements, there is no further requirement, and limited
opportunity for, meaningful knowledge refreshment and further professional
development for licensees or for their staff.
With regard to new entrant requirements prior to approval of licensees, which may have
been adequate previously, the ALLM suggests that those requirements may need to be
reviewed to ascertain whether the standards and competencies remain current in today’s
circumstances and with regard to the current issues of concern.
The ALLM further suggests such review should be undertaken regularly and more
frequently than in the past.
With regard to staff engaged in serving alcohol, the ALLM suggests that the RSA
certification should similarly be reviewed.
With regard to both current certifications, the ALLM suggests that the both the content
of the courses and the degree of difficulty (or lack thereof) to attain certification be re-
assessed.
The ALLM is concerned and suggests that the government should similarly be
concerned, that there is little opportunity for professional development and no
requirement for ongoing accreditation within the liquor industry.
The ALLM suggests that government should at the least assist in the facilitation of
professional development for licensees and their staff. Once the opportunity for ongoing
professional development becomes available, consideration should also be given to either
voluntary or mandatory ongoing accreditation of licensees and staff engaged in supplying
alcohol. Similar measures need to be developed for Crowd Controllers at licensed venues
in order to ensure the availability of the highest possible standard of security personnel.
Appropriate strategies to this effect should be developed and could be facilitated through
any or all of the following, given the necessary resources -
       1. Liquor Accords
       2. Industry bodies
       3. Consumer Affairs Victoria
       4. Victoria Police
       5. Universities etc
The ALLM also suggests that in the spirit of a co-operative and collaborative approach,
government funding should be available to support this strategy.


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4.8 Expansion of existing Responsible Service of Alcohol
    (RSA) initiative
The aim of strategies to expand the existing RSA initiative is to further reduce anti-social
behaviour in licensed venues by leveraging off this initiative which the ALLM considers
has already delivered notable improvements in behaviour within licensed premises.
Whilst RSA requirements that are already in place within licensed venues are a proven
initiative which has demonstrated positive outcomes, as previously stated the ALLM
suggests that the RSA requirements should be reviewed in light of the government’s
current concerns and thereafter reviewed on a regular basis.
Subject to such review, the ALLM considers that there is opportunity to leverage off and
expand upon the RSA initiative.
Complimentary strategies could be implemented fairly readily and simply, and further
developed over time.
These strategies also support the “Responsible and Safe Socialisation” educative strategy (3.1).
Two examples of leveraging off the existing RSA initiative are-

4.8.1 Nomination of RSA Duty Officers
Licensed venues could nominate specific staff as RSA Duty Officers with particular
responsibility during peak times to monitor patron behaviour, consult with and educate
patrons where necessary and to report concerns to management.
Management at venues is often stretched between conflicting priorities especially during
peak times. Delegation of the important and particular task of monitoring patron
behaviour would consolidate the efforts of management in this critical area.
The Duty RSA Officer(s) role would be intended to compliment, not diminish, the
licensee’s own responsibilities and the responsibilities of Managers and of other staff to
monitor patron behaviour and to serve responsibly.
Key elements could include RSA Duty Officers being provided with
      Concentrated training on alcohol tolerance
      Specific training in monitoring patron behaviour
      Educative tools to facilitate patron awareness of safe and acceptable
     consumption of alcohol
      Training in counselling and conflict resolution
      Specific accreditation as an RSA specialist

RSA Duty Officers could also provide an important and more immediate point of
contact for Police and Compliance Officers during visitations of licensed premises,
where Managers may not be readily available.
It would be the intention that RSA Duty Officers be appropriately identified to patrons
and staff for their specific role, but could be simultaneously engaged in other duties (e.g.
crowd control, bar service), but charged with the specific responsibilities to assist
management.
(The ALLM does not suggest that staff numbers should be increased to give effect to
this strategy).



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4.8.2 Empowerment of licensees to more appropriately effect RSA
      through patron education and warning systems
Historically, both for the sake of the safety of the majority and in fear of prosecution,
venues have been forced to take a confrontational approach where patron behaviour is in
question. This often results in eviction without benefit of the doubt being afforded to
patrons or education being provided to them as to appropriate behaviour.
Evicting patrons, and refusing entry, invariably fuels anti-social behaviour. This has been
demonstrated during the trial 2am Lockout
It is arguable that as a consequence patrons, who have been evicted whether justifiably or
not, may become the perpetrators of unacceptable anti-social behaviour outside of
venues, or within other venues where they may manage to later gain entry unchallenged.
Whist ALLM members make every effort to monitor patrons arriving at their venues,
inevitably some patrons who perhaps should not have been admitted will slip under the
radar.
The ALLM considers that a more proactive, educative and effective approach to
defusing potential incidents would be to anticipate and intercept potential problem
situations in a conciliatory manner before problem incidents arise. It would greatly assist
licensees both at their entry and within their venues if staff were empowered with tools
that assist in anticipating and dealing with potential problems.
Such an approach could be achieved through the empowerment of venues to issue
“yellow card” warnings within their venue which provide education to the patron and the
opportunity to address concerns.
The RSA Duty Officer responsibilities, or the responsibilities of Crowd Controllers,
could be enhanced to introduce a “yellow card” system to alert patrons where behaviour
is under question and to provide patrons with the opportunity to defend or address their
behaviour. Even if patrons do not respond at that time, appropriate educative “yellow
cards” may be slipped into their pockets and may be referred to by the patrons and taken
on board the following day.
Where patrons then do not respond reasonably and favourably, a “red card” could be
issued together with eviction. The “red card” may even take the form of a wrist stamp,
such that offenders are identifiable to other venues, and to Police, in that they have been
evicted from another venue.
The ALLM recognises that “red stamping” would initially be controversial and topical.
However if such or similar strategy was launched as a mandatory and collaborative
approach between the government and licensees, its merits may well outweigh the
potential controversy it may initially cause.
An alternative to “red stamping” for consideration may be photographing of evicted
patrons, where photographs are able to be transmitted to other venues and or Police in a
timely manner. The ALLM does not have the technical expertise to investigate this as an
effective tool; however it is tabled for consideration. This strategy may be ancillary or an
alternative to 3.10 “Identification Scanners” as below.
The ALLM is conscious of the civil liberty issues that may come under question from
this or similar strategies. However the ALLM suggests this as a strategy which should be
given serious consideration as, if announced collaboratively, it has the potential to
become generally acceptable to the public at large and to the majority of patrons, who
have the best intentions and do conduct themselves appropriately.




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4.9 Zero tolerance policies to discourage public order
    offences
The aim of a zero tolerance strategy to public order offenders is to encourage a culture
where levels of acceptable social behavior are known and where offenders engaging in
anti-social behavior will face serious consequences, thereby reducing the temptation to
engage in unacceptable behavior.
As previously stated, the ALLM contends that the historical reaction to alcohol related
issues has largely targeted the licensees themselves. As also previously stated, that
approach has not resulted in a significant or satisfactory minimisation of public order
offences, and there would appear to be no correlation between the levels of penalties
imposed on licensees and the abatement of public order offences.
The ALLM considers that the government’s attempt to hold licensees, particularly on-
premise licensees, accountable for public order offences is flawed. Public order offences
are, by definition, offences in the public and against the public order. The government’s
premise appears to be that on-premise licensees are responsible for alcohol related anti-
social behavior in public places as the perpetrators had consumed alcohol irresponsibly at
licensed venues prior to their offences.
The ALLM contends that, particularly given the requirements on licensees under RSA
and licensing laws generally, the majority of incidents of public order offences are not
attributable to on-premise licensed venues. If that were the case, significant non-
compliance by on-premise licensed venues should be notably evident.
The ALLM further contends that responsibility for public order offences should be
placed directly on the perpetrators themselves. More importantly, the ALLM contends
that the appropriate reaction to and responsibility for anti-social behavior and for public
order offences should be mirrored with a policy of zero tolerance.
If alcohol related violence and anti-social behavior are at the critical levels that the
government suggests, then the ALLM contends (and the public should demand) that
tougher action is required against the offenders.
Strategies should be developed to deter inappropriate behavior, e.g.
      Zero tolerance for any offences, regardless of magnitude of offence; (e.g.
     urinating in public, littering, harassment, minor scuffles, etc);
      Banning of alcohol consumption in public (whether in parks, on streets, or in
     parked vehicles);
      Tougher action on perpetrators of violence including tougher penalties;
      Information on the identity of offenders being provided to licensed venues, such
     that they may refuse entry or at the least be aware of potential problems;
      Penalties being reviewed on a continual basis and structured such that they deter
     particular behavior that becomes systemic from time to time;
      Restricting access to take away alcohol in entertainment precincts;
      Confiscation of excessive amounts of packaged alcohol in parked cars within
     entertainment precincts;


These strategies would compliment other strategies suggested here-in and could be
jointly supported with appropriate advertising campaigns, increased policing, and
expansion of the Liquor Licensing Compliance Unit’s powers to address issues outside of
licensed venues.
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4.10 Identification Scanning
The aim of a strategy which considers the use of electronic recordable identification
scanners (ID Scanners) would be to reduce anti-social behaviour through providing a
deterrent, in that patrons at venues that utilise ID Scanners would be aware that there
identity is recorded and retrievable in the event of incidence.
Whilst ID Scanners remain a controversial issue, supporters (particularly police) attribute
the use of scanners as assisting in both the reduction of crime and the increased success
in prosecutions following from crime where it was not deterred. The ALLM understands
that the introduction of ID Scanners in some regional centres has therefore been
perceived to have provided significant benefits.
The ALLM is unsure however on the relevant basis for the claimed success, i.e. whether
support is based more on success at the prosecution stage or at the deterrent and
prevention stage. In the absence of that understanding, the ALLM is unable to reach a
definitive position on the assistance ID Scanners may provide as a deterrent to anti-social
behaviour.
The ALLM is also conscience of the conflict between licensees’ desire to assist police in
investigating crime and the desire to preserve the privacy of their patrons. That conflict
also contributes to members of the ALLM and licensees generally not being able to reach
a consensus position on the appropriateness or otherwise of ID Scanners.
Whilst recognising that ID Scanners may be useful as a deterrent against anti-social
behaviour within licensed venues, no evidence has been provided to licensees that
serious anti-social behaviour is occurring within, as opposed to outside of, their venues.
Recent licensees’ experience attests to the latter, i.e. that anti-social behaviour (and crime)
is less likely to be occurring within their venues. These factors also contribute to
licensees being unable to form a position.
Notwithstanding these issues, the ALLM is prepared to explore the use of ID Scanners
as a potential strategy in deterring anti-social behaviour.
To that end, the ALLM has already procured some ID Scanning equipment to test
patron reaction at selected venues on a trial basis. The ALLM is however unable to reach
a definitive position on the appropriateness or otherwise of ID Scanners for
metropolitan Melbourne licensed venues until at least the conclusion of its own trials.
In the interim, the ALLM suggests the government work with licensees and all
stakeholders in its deliberations on the use of ID Scanners. Issues which the ALLM
considers need to be addressed include-
      The status of adequate technology, noting that in order to be effective, scanned
     images of alleged perpetrators of anti social behaviour may need to be transmitted
     almost immediately to all licensed venues within Melbourne metropolitan region;
      The costs of the technology and who will fund it;
      The security of private information gathered;
      The perception that patrons’ social lives are recorded and the invasion of the
     right to privacy where no offence has been committed especially given the diversity
     of entertainment venues (e.g. gay venues, gambling venues, strip venues, etc.);
      The confidentiality licensees owe their regular and well behaved patrons.

Whilst these issues of concern remain undebated, the ALLM suggests any strategy to
adopt ID Scanners should be on a voluntary basis, or at the worst, where systemic
problems are evident.

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