Drunken violence: damage done by 3am, says expert
As the State Government pushes through its Late Night Trading Code to deal with drunken violence, new figures show the real problem might be authorities failing to enforce the laws they already have.
Figures released by SA Police to InDaily show only six people were charged with serving alcohol to intoxicated patrons in 2012.
That’s down from seven the year before.
It is illegal for barkeeps to sell alcohol to patrons who are already drunk, a law designed to limit the ability of people to get extremely drunk in pubs and clubs.
Last month the State Government announced a new Late Night Trading Code which will force clubs to stop letting in new patrons after 3am and ban high-alcohol drinks after 4am.
Announcing the code Attorney-General John Rau told media he would also be bringing legislation to parliament to broaden the definition of intoxication to allow more people to be prosecuted.
One of Australia’s leading liquor licencing experts, Deakin University associate professor Peter Miller, said enforcement of laws was the most important thing to reduce drunken violence.
“Every major review around the world has said enforcement of the laws is the major thing. When pubs think they can get away with it, particularly if they’re competing against another pub just down the road, they will,” Miller told InDaily.
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“We’ve just completed a five city study. 80 per cent of the people who showed three or more signs of intoxication, so we said they were too drunk to be served, subsequently went and bought a drink.
“There’s an awful lot of people out there, absolutely smashed, who are able to buy drinks every night.
“Until you get the enforcement of that right, and the legislation to ensure that, the other stuff is just silliness.”
Miller is a member of the National Health and Medical Research Council, and has been studying the impact of government liquor licencing policy on alcohol-related harm for several years.
He called the government’s Late Night Code “the type of policy you have when you don’t want to have a policy”.
“We have a mountain of evidence that tells us that if you want to actually reduce violence you need to restrict trading hours, and lockouts don’t actually do that.
“That’s just crazy. If they actually looked at the figures, a lot of harm happens well before 3am. Every hour after midnight you get a 20 per cent increase in harm.
“Everything’s happening by 3 am already, it’s too late.
“We haven’t noted a city where it’s actually had an effect, in terms of overall emergency department attendances.”
Responding to the criticism, Minister for Business Services and Consumers John Rau told InDaily the government was introducing a whole package of measures to support the lockouts.
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“The Professor might not be aware that the State Government has previously attempted legislation to close all licensed venues between 4am and 7am – but was stopped by the Liberals and others in the Upper House. If he can get them to see his point, I would be most grateful.
“The Professor also ignores the fact that we have introduced a package of reforms – in addition to the Code – which include increasing the powers of the Liquor Licensing Commissioner and increasing the fines for disorderly behaviour.
“In regards to prosecutions for intoxication, the Bill also broadens the definition of ‘intoxication’, providing greater clarity for SAPOL and it will include behaviour that is influenced by illicit drugs.”
When it was released the Code was endorsed by Police Commissioner Gary Burns, who said it would reduce alcohol-related violence.
At a press conference announcing the new Late Night Code last month, both Attorney-General John Rau and Liquor and Gambling Commissioner Paul White said police and the OLGC were well-enough resourced to enforce existing laws.
Despite that White’s office was awarded an extra $1.3 million in last week’s budget to beef up enforcement activities.
Rau told media legislation introduced in conjunction with the Code would make enforcement easier.
“There has been a difficulty with the definition of intoxication in the Liqour Licencing Act. It requires the police officer or the publican… to actually make a determination about a person’s intoxication based on consumption of alcohol.
“That has rendered those provisions quite problematic in terms of gaining prosecutions.
“What we are now doing is saying the definition of intoxication is broadened out to include a person that might have consumed drugs of some sort.”
Australian Hotels Association head Ian Horne told InDaily there was no problem with enforcement, and police officers worked well with hotel owners to enforce all existing laws.
Last year Ian Horne told the ABC early closing hours weren’t the solution to alcohol-fueled violence.
“The problem with cutting back everyone’s hours is the tragic assault on Jason Lindsley that happened just last week happened at 9:30 at night.
“Police have enormous powers now, the Office of the Liquor and Gambling Commissioner have enormous powers since 1997, they can actually change the licensing conditions and certain promotions, reduce hours, they simply haven’t used them.
“We encourage them to use them.”
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