NSW Government Safety Rating System for Licensed Premises A

NSW Government Safety Rating System for Licensed Premises A 5 star proposal or a 1 star joke? Submission from Newcastle Coalition of inner city resident groups, small businesses and concerned citizens March 2008 Background The Coalition of Newcastle inner city resident groups, small businesses and concerned citizens is constituted by Newcastle East Residents Group, Honeysuckle Residents Association, Newcastle First and local residents and small businesses who provided an unprecedented over 150 sworn affidavits to proceedings with the Police before the former Liquor Administration Board and Full Bench of the NSW Licensing Court in a s104 disturbance complaint in 2008. Appendix “A” indicates some outcomes of the LAB Decision one year on. OLGR recently released a Social Profile of Newcastle LGA. It identified that the inner city of Newcastle continues to experience unacceptably high levels of preventable alcohol related violence and anti social behaviour (ARV). OLGR has also declared the area a “hotspot”. Police linking data obtained by the Sydney Morning Herald under FOI, highlighted the continuing failure of late trading venues to comply with existing RSA legislative requirements. Very serious alcohol related incidents including assaults on police continue to occur mainly around midnight notwithstanding the application of the landmark s104 LAB Decision 12 months ago imposing key effective measures such as reduced trading hours and a 1 am “curfews/lock out” to reduce dangerous levels of intoxication and consequential ARV. The Coalition has re-instigated s79 proceedings with the Director of OLGR against all the late trading venues in Newcastle CBD, Hamilton and associated licensed “feeder” premises in surrounding suburbs. Our aim in searching for and achieving sustainable and effective solutions, is to highlight the critically important cycle/system of binge drinking/intoxication that includes “loading up” in “feeder” establishments usually remote from the geographical concentration of late trading premises, patron migration and the fallacy of Responsible Service of Alcohol. See Appendix “A”. Critical to achieving our aspirations for a safer and more inviting inclusive city centre that is consistent with the Objectives of the Liquor Act, is a real appreciation and understanding of the characteristics of this acknowledged epidemic (and culture) of binge drinking and the strong pervasive industry/political economy that has unfortunately allowed this societal contagion to proliferate at enormous cost. Only the liquor industry profits from binge drinking. Coalition members have registered their dissatisfaction with the NSW Government/AHA attempts to deal seriously with the problem. They lament the perception that Newcastle CBD and Hamilton like so many other locations throughout NSW that have a high concentration of late trading premises, have become a “pisshead paradise”. Despite the conclusive scientific evidence that extended trading and hotel density are strong causative factors in ARV (recognise by the government’s own Director of BOCSAR), the NSW Government and some Councils continue to approve and promote the expansion of hotels in dangerous areas, a “binge barn bonanza”. Our response to the NSW Government’s proposed “safety rating system” provides a genuine community/resident front line perspective of the likely real effectiveness and value of this latest proposal. Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 2 Summary The Newcastle residents’ coalition advocates for a scientific, evidenced based approach to addressing the problems of Alcohol Related Violence and anti social behaviour (ARV). The NSW government proposal’s foundations lack any scientific rigour and substantiation of the basic premises relating to the effectiveness of safety ratings and education strategies in reducing ARV1. The proposal relies upon analogies between the consumption of alcohol and other consumer products such as food (eg 3 hat restaurants). It is misleading and dangerous to equate these two consumer goods. The proposal’s assumption that alcohol consumers (like any other consumers) make intelligent, informed and rational decisions is clearly wrong. It is equally misleading and dangerous to suggest young bingers (who account for the overwhelming majority of alcohol related incidents which also occur after midnight in a minority of NSW hotels) are discerning consumers who will be deterred by a low rating establishment. In reality, the opposite is likely to occur as bingers are allowed entry and drink (by definition) in premises where RSA controls are lax. The proposal’s bizarre neo classical free market approach to a process involving the promotion, service, sale and consumption of a legalised dangerous and addictive substance if misused, is unsound and inherently flawed. The latest safety proposal in NSW is based on the underlying political premise that self regulation is superior to government intervention – the old free market argument that the current international economic disaster has well and truly destroyed. Yet the same “consumer sovereignty” a priori assumption is central to the NSW government’s latest so called grog “initiative” proposal. The only effective way to make sense of this proposal is to place it within the broader political economy context of the entrenched power and influence of the liquor industry with the occasion concession or “zig zag” to provide a superficial semblance of independence of government and to a certain extent, the media. The reader should be aware that under 8 years of industry “self regulation” of the Newcastle Liquor Accord that coincided with the introduction of late trading in 2000, (as flow on of the Sydney Olympics’ conditions), the level of alcohol related non domestic assaults in our CBD along with the rate of drink driving charges, escalated to some of the highest appalling rates in NSW. All this occurred with the Premier’s Department chairing the Newcastle Liquor Accord and the secretariat being provided by Newcastle City Council who coincidentally owned (but not operated) a number of late trading licensed hotels in the CBD. Appendix “A” distinguishes between two close late drinking precincts of Newcastle (imposed s104 conditions) and Hamilton (industry self regulation). Whilst there has been a recent significant reduction in the number of reported alcohol related assaults in Newcastle post 1am, the number of assaults in Hamilton for the same time period has actually increased by 50%. This demonstrates the grave error of the proposal in subscribing in this particular volatile industry, that self regulation should substitute strong impartial enforcement. It clearly would be a case of repeating the Newcastle Liquor Accord saga before belated Liquor Board intervention, that is, putting Dracula in charge of the blood bank. 1 See Strategies to reduce the harmful effects of Alcohol. Report by the Secretariat. World Health Organisation. 20 March 2008 Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 3 Essential to the maintenance of public confidence and integrity in the process of the release, consideration and possibly promulgation of any action arising from the NSW Government proposal is genuine openness, transparency and inclusiveness. We do not believe that the proposal’s terms of reference satisfy these requirements. In particular, the involvement of local residents is not acknowledged and the role of an undefined “community” is truncated to the early stages of the proposal. To date, the NSW Premier and Minister for Liquor have refused to meet with us, resulting in no confidence that they are willing to genuinely engage with residents adversely affected by ARV and failed RSA. The above fundamental fatal flaws in the proposal suggest to us some other motive for this proposal that appears to have the backing or at least, the unilateral involvement of the AHA and industry in the determination of the final outcome. We suggest that if both the NSW Premier and Minister for Liquor Mr Greene were genuine in their commitment to better inform the public about the safety of licensed premises (as they should), then they would immediately legislate for the timely and open release of critically important existing police linking data (links alcohol related crime with premise where alcohol was last consumed) and full details of OLGR’s and police breaches and prosecutions against individual licensed premises. The government’s unwillingness to release such timely material that exposes recalcitrant hotels to independent public scrutiny and censure, is inconsistent with its current practice of identifying restaurant and other food places on the internet who breach food safety laws. This leaves residents with the concern that the proposal could easily become a very costly, resource intensive lolly water facade that diverts the media and public’s attention away from the fundamental causes of ARV being dangerous levels of intoxication, failed RSA by hotels and insufficient penalties and enforcement. The Coalition of residents believe already too much of OLGR’s time is wasted subsidising wealthy hotel owners with training support and other measures to attempt to comply with their existing strict legal obligations. This is detrimental to their more important enforcement role that appears to being neglected to the great joy of the AHA and industry. The proposal risks converting OLGR officers and police into milky bar kids peeling off gold stars to award to hoteliers who reluctantly adopt photocopied identical venue safety measures including “RSA marshals”, management plans etc to get an extra star. It is our direct experience in Newcastle that many of these measures are little more than window dressing as excessive levels of intoxication and ARV continue albeit now ceasing earlier when the reduced hours take effect. We do not support any proposal that entails NSW tax payers further supporting and subsidising the wealthy liquor industry satisfy existing statutory obligations. We recommend that the NSW Auditor General be requested to independently examine the efficiency and effectiveness of both current practices and the proposal and its alleged objective of eliminating ARV associated with hotel operations. It is naive to suggest that a safety rating system will “obviate” (use of wrong word?) (p7) the need for regulation and enforcement. It is our experience in a tight competitive environment, late trading venues and feeder establishments continue Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 4 to discount their public safety/statutory obligations in order to maximise sales of alcohol within a context of reduced levels of enforcement, ineffective penalties and ongoing political patronage with the liquor industry. The non statutory voluntary industry based approached advocated in the proposal (p7) under the guise of “better regulation principles”, delivered to Newcastle in the last 8 years operation of its liquor accord prior to the LAB reforms, some of the worst intractable levels of ARV (linked to hotel late trading) and rate of drink driving charges in NSW. The most effective measure in reducing ARV has been the recent LAB imposed reduction in trading hours (review also Manly trial) that was vigorously opposed by the AHA and hotels who are champions of the laissez faire/free market approach to self regulation through this proposed Trojan horse of a safety rating system. The rule of law must supplant the rule of violence, greed and avarice. Self regulation is no substitute for the rule of law. If the NSW government was ever serious about achieving a civil society of “peace, order and good government” (to replace a state where life is “nasty, brutish and short”) as it applies to the current horrendous inability to control our problem with alcohol misuse, then there are a number of immediate, mainly proven measures it would adopt that are much more preventative, effective, immediate and less burden on NSW tax payers than this safety rating proposal (see also Appendix A). These measures include:1. Apply the Newcastle s104 LAB decision including 1 am curfew, 3 am closure, control on strong drinks after 10pm and a whole precinct approach to all late trading establishments in NSW as a first step with additional reductions to follow if the privilege of an extending liquor license continues to be abused. 2. End the facade/charade of RSA by adopting objective measurement of intoxication i.e. breath analysis. Even the mighty Rabbitohs have adopted a 0.05 limit for their players. NSW laws recognise breath testing in numerous other jurisdictions and workplaces. It is time this was applied to the proven dangerous/violent drinking scene in NSW hotels and surrounding locations that spill over into residential family areas. A 0.05 entry limited is the single most cost effective mechanism to defeated the current central feature of binge drinking whereby patrons “load up” –“double dip”/become intoxicated (usually on cheaper grog) before being in many instances, allowed entry into these late trading establishments for additional bingeing. Alcohol misuse and intoxication is clearly acknowledged as the main catalyst of these problems. Yet the NSW government still relies on antiquated subjective methods of measuring intoxication (central to RSA legal obligations) to allow the hotels to continue to reap profits and provide donations to political parties and independent councillors from the toxic epidemic of binge drinking mainly afflicting our impressionable and vulnerable younger generation (susceptible to the promotional activity of the industry and who believe they are bullet proof). Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 5 Whilst liquor industry representatives and their political and legal supporters and patrons may decry such a proposal on the grounds of alleged “civil liberties”, they should be reminded that their Newcastle hotelier colleagues themselves have championed a recent scheme of bouncers recording patrons on miniature video cameras on their head and a sophisticated electronic system whereby patrons’ IDs are electronically recorded and surrounding hotels alerted by electronic means of alleged troublesome patrons. 3. Adopt a holist precinct wide, “whole of government response” that includes genuine engagement with disaffected residents, recognition of patron migration and the pernicious cycle of binge drinking including loading up in earlier closing “feeder establishments”, street drinking and other locations some times remote from late trading venue precincts. The proposed safety rating system identifies the above well documented escalating problem of ARV, alcohol misuse primarily manifested in the epidemic of younger binge drinking as the main reason for the introduction of such a scheme. Surprisingly however, the subsequent proposal demonstrates little or no overt appreciation of the nature of binge drinking and the critical contribution the liquor industry plays in the promotion, profit and sustenance of the deadly binge drinking cycle. Our above response to the proposal has highlighted the misleading dangerous central fallacy of the consumer sovereignty model of the discerning young hotel patron who is in a fit state to make a sound rational decision and whose entry to a hotel will likely be deterred by a low “safety” rating. The proposal is imprinted with a strong bias towards sustaining the profits of the industry (see p8 – financial interests and concern to protect commercial loans and reputations) through the volume of alcohol sales at the cost of harm minimisation. This is given legitimacy by the deplorable relegation of the primacy of “harm minimisation” as an Objective of the Liquor Act to the latest amendments that now (as dutifully acknowledged in the proposal –p4) “balance” the primacy of pub profits with public safety and community/resident interest and genuine engagement (like in the proposal) being a mere afterthought (zig zag). The NSW government moved with unbelievable speed to recently legislate to protect the Pope’s youth pilgrims from harassment. It is also about to introduce the world’s toughest “bikie” laws in response to recent OMG violence. These legislative initiatives and the proposal’s strong inappropriate advocacy for industry self regulation, should however, be considered within the real context of the true documented extent of this man made epidemic of binge drinking and failed RSA afflicting our younger generation from which only the liquor industry profits. AERF and ANCD commissioned research reveals "... the biggest problem Australian families are facing when it comes to substance misuse is young people binge drinking... Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 6     In any given week approximately 1 in 10 (or 168,000) 12 to 17 year olds reported binge drinking/drinking at harmful levels (males were drinking 7 or more drinks on the day and females 5 or more on the day). In any given week 1 in 10 (or 31,325) 15 year olds reported binge drinking/drinking at harmful levels. In any given week 1 in 5 (or 54,116) 16 year olds drank at harmful levels. In any given week 1 in 5 (or 59,176) 17 year olds reported binge drinking/drinking at harmful levels. Dr. John Herron said “We are enormously concerned about the high rates of binge drinking. What this report clearly says is that drug and alcohol use by young people has become normalised and is often seen as a rite of passage to adulthood.....” (ANCD 25 February 2008) New research showed 33% 18 -24 yr olds classify themselves as binge drinkers (37% women - 30% men)  1 in 6 of all deaths of 15 -24yr olds in 10 yrs ended 2002 can be attributed to risky drinking. Estimated 2643 young Australians died from alcohol attributable injury and disease during this period - trend lines are growing.  (AERF 14 February 2008) Do the authors and supporters of the NSW government’s safety rating proposal for licensed premises honestly believe that their costly complex scheme personified by the symbols below, can seriously mitigate the above reality of the political economy, failed RSA and industry self regulation, politically constrained enforcement, youth binge drinking and associated alcohol related death, violence and anti social behaviour? potential clip art safety notation symbols Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 7 APPENDIX A Alcohol Related Assaults in Newcastle NSW 2009 The following report summarises the recently released Police statistics of reported alcohol related (non domestic violence) assaults in Newcastle over 16 hours on weekend nights almost a year after the imposition of the landmark s104 NSW Liquor Administration Board Decision. It draws important conclusions on the effectiveness of various measures to reduce alcohol related violence and presents a new policy platform to sustain such reductions in Newcastle and other local communities. Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 8 Summary of reported alcohol related (non domestic) assault statistics on Saturday and Sunday for Newcastle between 10pm and 6am for period 20 March 2008 to 23 February 2009 compared with same period previous year. Note: reported assaults estimated to be less than 10% of actual assaults  The vast majority of alcohol related no domestic assaults in Newcastle are associated with the activity of extended trading hotels concentrated in the CBD area A 1.3% increase in assaults between 10pm and 1am in Newcastle CBD As a proportion of the total number of reported assaults in Newcastle CBD, the period between 10pm and 1am grew from 30% to 45%. This earlier time period is now when the largest number of assaults are reported to occur A 31% total reduction in the number of reported assaults between 10pm and 6am from 251 to 172 in Newcastle CBD for the period when the hotel sale of alcohol was cut from 5am to 3am. By comparison, assaults in nearby Hamilton (unaffected by the LAB decision) increased by 7.3% to 73 reported assaults, bearing in mind there are approximately less than half the number of late trading venues in Hamilton compared to nearby Newcastle(Hamilton adopted voluntary measures later in the year). Reported assaults after 1am in Hamilton increased by 50%. For the times 3am to 6am that captures the earlier closing and cessation of the service of alcohol in Newcastle, there was a 61% reported reduction in the number of assaults. The contribution of assaults for this same time period as a proportion of the total time period of 10pm to 6am fell significantly from 22% of total assaults to 12% of total assaults in 2008/9. There appears to be only a small reduction in the number of reported assaults per trading hour in Newcastle. This may suggest relative levels of intoxication remain quite high despite hotel claims of strict RSA compliance. The number of reported assaults in Newcastle on weekend nights between 10pm and 6am for 2008/2009 above, represents a substantial proportion (awaiting police to provide this % figure) of total alcohol related street assaults for the same period in the same location.       Newcastle CBD alcohol related reported assaults 10pm 1am 07 - 08 08 - 09 76 77 +1 % of total 30% 45% 1am -3am 121 74 -47 (38% fall) % 45% 43% 3am – 6am 54 21 -33 (61% fall) % 22% 12% 10pm - 6am 251 172 -79 (31% fall) Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 9 Policy implications  The Newcastle Police statistics demonstrate that reducing enforceable extended trading hours with an earlier curfew/lockout throughout a whole late trading precinct is the single most effective measure that the NSW government can introduce to reduce appalling levels of ARV in many NSW communities inflicted with the inexorably related scourge of binge drinking, failed RSA and ineffective compliance/enforcement relying upon subjective measures of intoxication. o This important material seriously challenges the effectiveness of both the current government “top single 48 hotel” strategy and the inherently bias and flawed proposed safety measurement scheme for licensed premises. Busts the myth of the fanciful notion of the efficacy of industry self regulation as an alternative to government regulation and enforcement, perpetuated in the NSW government’s safety measurement scheme proposal. During the period when no lock out (1.30am) is in place and the hotels are trading i.e. “10pm -1am”, there was an increase in the number of reported assaults in Newcastle Nearby Hamilton late trading hotels with the support of the AHA adopted voluntary self regulated restrictions. By comparison with Newcastle results, Hamilton hotels over the same period of time, experienced serious increases (50%) in assaults after 1am with a reduction in assaults between 10 pm -1 am (opposite to Newcastle). This suggests potential for substantial leakage of patrons from more closely controlled Newcastle to arguably laxer Hamilton hotels This highlights the fundamental problem of the inconsistent application of alcohol restrictions between individual hotels (top 48 hotel “initiative”) and proximate drinking precincts (egg Newcastle – Hamilton, Manly – nearby suburbs) given known patterns of patron/binger migration that flow to lower levels of compliance/enforcement and RSA o Strong evidence is provided by the Police statistics to further reduce the enforceable trading hours and “lock out” to bring the levels of assaults down in Newcastle and Hamilton Urgent decisive intervention is required by the enforcement Authorities in Hamilton to address the serious escalation in assaults It must be remembered that the Newcastle late trading hotels and AHA strenuously opposed the introduction of the landmark reduced trading/lock out Decision of the LAB that appears to be having a significant impact on reducing ARV in Newcastle. o o o o  The fact that the majority of assaults are now occurring in the first 3 hours of the night after 10pm in Newcastle, vindicates the community’s long standing emphasis on prioritising holistic preventative measures of Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 10 intoxication, as opposed to the government/industry predominant “industry friendly” emphasis on costly reactive band - aid measures such as better transport, more police etc. Whilst a comprehensive response is appropriate, priority must now be extended to the “front end” to reduce the sources and extent of intoxication that is a major precursor to alcohol related violence and anti social behaviour. This must occur now even if this may have a short term impact on hotels’ substantial profits and the dominating strangle hold the industry still exercises over the legislature and paid media advertising directly aim at vulnerable and impressionable younger people including those in sport. Some scientific evidence also suggests the relative ineffectiveness of education/awareness programs.  The reduction of 79 reported assaults on weekend nights in Newcastle over almost a year is welcomed. The total number of reported assaults of 172 for the year in Newcastle CBD for this 16 hour period over every weekend, still, by any reasonable measure, is completely unacceptable. It highlights the need to immediately strengthen enforcement activity and adopt additional stronger proven preventative measures that reduce the levels of intoxication. The above Police statistics and belatedly released police linking data vindicate residents in Newcastle and Hamilton recently instigating s79 proceedings before the Director of OLGR. o A key focus of the Residents’ complaints is broadening the enforcement Authorities’ attention to the “front end” key causative component of the serious/dangerous toxic binge drinking cycle that still dominates/monopolises the entertainment precincts in Newcastle and Hamilton on weekend and some other nights. These components include  “Loading up” on cheap discounted alcohol (promoted especially for the weekend) at private residences before attending the hotel precincts Loading up and “double dipping” at suburban “Feeder Establishments” licensed venues and bottle shops that usually close before the late trading establishments get into full swing Street drinking on many occasions in open defiance of Newcastle Council sporadic Alcohol Free Zones and Areas Newcastle Council’s continuing refusal to support the Police strictly enforce Council promulgated alcohol restricted locations. Newcastle Council also owns (but not manages) 3 CBD late trading venues Consumption of alcohol on City Rail services as young bingers make their way to Newcastle and Hamilton Strong perception of “permissiveness” amongst younger patrons attending the city and Hamilton that the precincts are       Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 11 a real law/RSA/AFZ enforcement free zone. See attached photograph   Taking alcohol out of licensed premises and drinking as patrons migrate between premises Continuing failure of hotels to seriously enforce their current Responsible Service of Alcohol legal obligations as evidenced by continuing very serious incidents involving intoxication and the number of assaults on police by intoxicated persons Total proven inadequacy of continuing to rely on subjective indicators to measure intoxication, a central feature of the RSA equation of enforcement of entry, service and persons remaining on licensed premises   BOCSAR and other authoritative sources caution that the number of reported assaults to police significantly under estimate the real number of alcohol related assaults by up to a factor of 9 o Police linking data and Department of Health statistics including alcohol related admissions, ambulance reports etc are useful sources to corroborate and elaborate this data Other police alcohol related indicator statistics such as malicious damage, PCA. etc that are included in crime maps etc, should also be considered along side alcohol related street (non domestic violence) assault reports Reported assaults data can be readily manipulated if licensed venues and their bouncers discourage reporting of assaults o o  There remains an overriding need for the full open, timely and transparent provision of all alcohol related performance, compliance, comparative and incident statistics including but not limited to OLGR breaches, prosecutions, inspections etc, similar police material including but not limited to linking data and, corroborative health related data as the basis of a scientific, evidenced based resident inclusive approach to collaboratively addressing the problem. Tony Brown Coalition of Newcastle inner city resident groups, small business and concerned citizens March 2009 Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 12 The following photograph was taken by a local resident on the busy corner of Wharf Rd and Argyle St, Newcastle at 5pm on Boxing Day 2008. The Broadmeadow races resulted in the migration of large numbers of intoxicated patrons from the races into the City. The picture underscores a perception of permissiveness and the existence of a compliance/enforcement free zone amongst intoxicated persons attending the CBD and other hotspot areas in residential zones. The reader can appreciate the level of alcohol related anti social behaviour highlighted by this act of public urination. This example, captured below, occurred blatantly during daylight hours and allows the reader to appreciate what also occurs in these same family/residential areas at night. The picture symbolises how Newcastle CBD and other community locations in Sydney and the rest of NSW with a high density of licensed premises (especially late trading hotels) have been allowed to become “NO STOPPING” “pisshead paradises” by the NSW State government and some Local Councils who continue to put the financial interests of hotels, AHA and advertising/liquor industry ahead of public safety Submission by Coalition Newcastle inner city resident groups, small businesses and concerned citizens on the proposed NSW licensed premises safety rating system March 2009 13