1.1.1 A review of security training regarding identification of intoxicated people including training in sobriety testing.

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1 Attachment A Adelaide City Council Submission to South Australian Parliament (Social Development Committee) Inquiry into the Sale and Consumption of Alcohol May 2013 Introduction Adelaide is a city of great places for people. Council is committed to work with the community to create a vibrant, liveable city with neighbourhoods, streets and public places that are safe, welcoming and promote social interaction. An important strategy in creating a safer city is developing a diverse evening economy, with a range of entertainment, activities, events and attractions that do not involve alcohol, partnered with actively regulating and controlling alcohol consumption and distribution. Alcohol is a key element of the entertainment and hospitality industries that stimulate the night time economy and associated employment. Alcohol can, however, have adverse effects on our community including assaults, injuries, property damage and other forms of anti-social or illegal behaviour and have a negative impact on health and well-being. Intoxicated people can negatively affect the amenity of an area through increased litter, spilled bodily fluids and reduced perceptions of safety. The following submission outlines Council s priority concerns in reducing alcohol-fuelled violence and social harms, particularly in the public realm, associated with the sale and consumption of alcohol. 1. Laws and practices regarding criminal and anti-social behaviour 1.1 Pre-loading or pre-drinking Pre-loading or pre-drinking is the practice of planned drinking prior to going to a social event, often a licensed premise. Pre-loading generally occurs in the home, can also occur in vehicles travelling to licensed premises and in car-parks or streets in the vicinity of entertainment precincts. The Foundation for Alcohol Research and Education (FARE) Annual Alcohol Poll found that in relation to pre-loading, more than half (57%) of all drinkers consume alcohol before going out to a pub, club or bar. A 2013 study into offending, ant-social behaviour and intoxication in night-time entertainment districts in three metropolitan and two regional Australian cities 2 states that pre-loading has been identified as one of the major impediments to responsible service of alcohol, a major predictor of subsequent intoxication and an increased likelihood of experiencing violence. The study often observed people consuming alcohol near licensed venues just prior to entering. It should be noted that as the streets and squares of Adelaide are a dry area, pre-loading often happens away from the vicinity of the licensed premises. The following changes to practices are proposed: A review of security training regarding identification of intoxicated people including training in sobriety testing Feasibility study into increasing the availability of self-administered alcohol breath testing equipment, along with educational materials, inside venues or trials by door staff in 1 Foundation for Alcohol Research, 2013, Annual Alcohol Poll: Attitudes and Behaviours 2 A/Prof Peter Miller, 2013, Patron Offending and Intoxication in Night-Time Entertainment Districts (POINTED) National Drug Law Enforcement Research Fund (NDLERF), Monograph Series No. 46 P a g e 1 I t e m #

2 licensed venues. However this may have limitations as the intoxicated patrons would then remain in the public realm, where anti-social behaviour and violence predominantly occurs Potential police operations/blitzes on pre-drinking on city streets, including privately owned carparks Consideration of legal interventions to address drinking in private vehicles. Currently it is illegal to drink alcohol in a public conveyance, however not in a private vehicle (see below). This may assist to address pre-loading in vehicles in car parks and other areas around the city. Excerpt from the Liquor Licensing Act Consumption on regulated premises (1) If regulated premises are unlicensed, a person who consumes liquor on the premises is guilty of an offence. (2) If regulated premises are unlicensed, a person who supplies liquor on or in the vicinity of the premises for consumption on the premises is guilty of an offence. regulated premises means (a) licensed premises; or (b) a restaurant, café or shop; or (c) an amusement parlour or amusement arcade; or (d) a public place that is being used for the purposes of an organised event, where admission to the event is gained on payment of money, presentation of a pre-paid ticket or purchase of some item; or (e) a public conveyance; or (f) premises of a kind declared by regulation to be regulated premises, and includes an area appurtenant to any such premises, but does not include any premises, place or conveyance declared by regulation not to be regulated premises Exploration of extending city Dry Areas to include car parks and any area the public may access within the CBD Consideration of the impact of the proposed Wine in Supermarkets legislation. If passed it has the potential to increase the availability of alcohol distribution in the city. Alcohol from supermarkets could be purchased and consumed in vehicles or in the public realm. Restrictions on the sale of alcohol in supermarkets late at night should be considered, particularly in supermarkets operating 24 hours. 1.2 Licensed Premises Late Night Code of Practice A separate Late Night Code of Practice has been drafted for late night trading venues and will require adherence to a higher standard of practice, in relation to the increased risks and harm associated with late night alcohol consumption. SAPOL data (2010) indicates that most offending (much of which is alcohol related) peaks at around 3am on Saturday and Sunday mornings. The proposed Code includes a Late Night Restricted Entry (or lockout) from a specific time at which no new patrons can enter a premises. This is most effective if all late night venues are party to the Code, including the Adelaide Casino, to which the Code does not apply. Council overwhelmingly supported the draft Late Night Code of Practice and suggested the following specific considerations in its submission: P a g e 2 I t e m #

3 Outdoor dining furniture, including removable and semi-fixed, should be removed at closing to reduce the potential for congregation of people who were unable to gain entry to a venue after 3 am (removing furniture will assist with keeping the footpath clear to support access, reduce the potential for violence and encourage dispersal from the area) Semi-fixed outdoor dining furniture is the ideal in outdoor dining areas that operate late at night so it can be removed as required and cannot be used as a weapon. Bayonet fixing (access friendly) also be that covers the hole in the pavement when the table is removed has been successfully installed in Hindley Street Closed Circuit Television (CCTV) on all entry and exit points for late trading premises is strongly supported as a means to monitor activities in the vicinity of licensed venues in the City. This CCTV will supplement the Council s 70 public CCTV cameras which are monitored by SA Police While Council s long held position of a break in alcohol trading from 3am 7am has not been achieved, a proposed Late Night Restricted Entry (or lock in) requirement will effectively reduce opportunities for anti-social behaviour between those moving between venues Acknowledging a different culture in smaller venues and restaurants, and in line with proposals to create more vibrant precincts through small venues, Council also proposed these venues be exempt from having to install metal detectors and polycarbonate glassware, unless they become identified as venues that attract anti-social. 1.3 Alcohol Pricing The National Alliance for Action on Alcohol (NAAA) and several of its member organisations are continuing efforts to persuade the Australian Government to take action on alcohol pricing and taxation. They are calling for the introduction of a volumetric tax on wine, and thus abolition of the Wine Equalisation Tax (WET), and the introduction of a minimum (floor) price for alcohol. The NAAA state that the taxation of alcohol should be based on the principle that alcohol is no ordinary commodity. It is a product responsible for major harms in our community. The Drug Policy Modelling Program (DPMP) and NSW Bureau of Crime Statistics and Research (BOCSAR) released a report 18 th January , on the policy options available to remedy excessive alcohol drinking in Australia. The report reviews four effective strategies used by governments around the world to reduce alcohol consumption and harm: Increasing taxes on all alcoholic beverages Increasing taxes on specific alcoholic beverages, e.g. the alco-pop tax Introducing minimum pricing, that is putting a floor on alcohol prices to prevent deep discounting and below-cost sales; and A ban on price discounts and promotions such as happy hours and two for one offers. 3 Carragher and Chalmers, What are the options? Pricing and taxation policy reforms to redress excessive alcohol consumption and related harms in Australia, 18 January 2012, NSW Bureau of Crime Statistics and Research (BOCSAR) P a g e 3 I t e m #

4 The Committee may wish to review and consider the findings of this report. Council is a member of the National Local Government Drug and Alcohol Advisory Committee (NLGDAAC) which advocates for evidence-based solutions to local community issues based on alcohol-related harms. 1.4 Alcohol Sales Data Effective alcohol policy is informed and reviewed in the context of the best available evidence about levels and patterns of use. Such information is crucial to effective evaluation of adopted strategies. The absence of systematic Australia-wide alcohol sales data collection makes it difficult for us to assess when an areas has reached its cumulative impact tipping point. Alcohol sales data, collected for taxation purposes or by wholesaler or retailer record keeping, allow researchers to estimate alcohol consumption. Trends in the extent and patterns of alcohol consumption demonstrate the effectiveness of policy changes, and there are strong relationships between per capita consumption and alcohol-related harms such as road crashes, accidental falls and assaults. Per capita consumption is a reliable proxy for the percentage of heavy drinkers in a population. Council would benefit from access to alcohol sales data in city locations. 2. Reduction in Alcohol-Related Offending 2.1 Management of the Public Realm Studies indicate that crime occurs near licensed premises. A study of assaults near (but not specifically at) licensed premises in New South Wales found that 64 per cent of assaults were known to have involved a victim or an offender who had recently exited a licensed venue. This often occurs as people are made to or asked to leave by licensed venue security. The proximity of assaults to licensed venues is an important factor to consider in relation to regulating cumulative impact or licensed venue density in any one place. A study looking at venue density in 2011 in the Sydney Local Government Area found that 37 per cent of assaults were recorded by police within 20 metres of a liquor outlet 4. Council has the following comments regarding management of the public realm to reduce alcohol-related offending: Council supports further exploration of legislation and practices governing security staff to improve responsible management of the public realm in the vicinity of venues. Simply evicting problem patrons onto the street without managing their behaviour in a positive way, or directing them to transport, almost ensures violence will occur in the public realm Council continues to work with outdoor dining venues to ensure 1.8m clear footpath to enable improved pedestrian movement and reduce contested space Council calls upon venues to improve and maintain queuing practices outside venues to decrease footpath obstruction and manage any aggressive behaviour. Council welcomes the inclusion of tighter requirements for queuing outside venues after midnight in the Late Night Code of Practice. In areas with limited footpath space the formation of queues may require some or all of the outdoor dining furniture to be removed Council also supports the presence of youth services that provide a responsible presence in late night entertainment venues, such as the Green Team West End Youth Project (Encounter Youth). 4 Alcohol and assault on Friday and Saturday nights: Findings from the DUMA program (Sweeney and Payne), DUMA quarterly report No. 14 May 2011 P a g e 4 I t e m #

5 2.1.5 Council also supports the presence ongoing street work teams that engage with and provide transport and other services such as Youth Beat Bus and Sobering Up Centre (Mission Australia), the Hub (Multicultural Youth Services SA) and Aboriginal youth transport and support services such as Kumungka and Panyappi. Council supports ongoing State Government commitment to these vital services. Services report that sobering up facilities are operating at capacity and they suggest there is a need to have an Aboriginal specific service in the City. 2.2 Transport options Improved late night public transport is required to support safer patron dispersal from the city at all times of the night. Should a lock-out be introduced, more effective and higher capacity transport options from 2am onwards will be needed. The introduction of late night bus stops or Super Bus Stops is welcome on Grenfell/Curries Streets and it is suggested they be managed which includes safety measures such as adequate white lighting, CCTV surveillance and transit police in the vicinity, as these enclosed stops can become entrapment spaces. 2.3 Drinking in public space and anti-social behaviour In addition, the Liquor Licensing (Dry Areas) Regulations 2012, are included in the Liquor Licensing Act. These regulations allow for prohibition of the consumption of liquor, or the consumption and possession of liquor, in scheduled areas. The purpose of dry area legislation is to curb alcoholrelated problems in public places. The rationale for scheduling a dry area varies from addressing inappropriate use of public places and public nuisance, to more complex social issues such as alcohol abuse. The streets and squares of Adelaide are currently scheduled as dry areas. The Park Lands are not included. Council can apply for a variation to the scheduled areas at any time, however a review of the scheduled areas occurs every two to three years. The police monitor dry areas and can issue on the spot expiations, provide a warning (and removing the alcohol) or movedrinkers on. Police in other cities monitor alcohol tip-outs by recording the litres tipped. This data is collated and used as a deterrent to public drinking. Council is supportive of State Government continuing to fund the Aboriginal Sobriety Group to continue to run the Mobile Assistance Patrol (MAP) Bus to support intoxicated Aboriginal people to a safe place. Council also funds this service through its major grants program. 3. Health risks The overwhelming evidence of the considerable costs of alcohol-related harm to the community must be considered by Council in forming policy positions on liquor licensing. The South Australian Health Omnibus Survey 5, 2011 demonstrates that currently 27 per cent of South Australians consume alcohol at least monthly at levels that pose a short-term risk, such as risk of injury or violence. In the age group, the figure is approximately 39 per cent. Binge drinking and related harms particularly affect young people, especially young males. There is significant evidence to indicate a correlation between alcohol and crime, particularly violence against the person. Australian Bureau of Statistics data 6 (2013) estimates that across South Australia, 45.7 per cent of victims of physical assault and 52.6 per cent of victims of face-toface threatened assault believe alcohol or another substance contributed to the most recent incident. 4. Economic cost 5 South Australian Health Omnibus Survey (2011 South Australian data, 15+ years) 6 Australian Bureau of Statistics, 2013, Crime Victimisation, Australia, , South Australian Tables 13 and 15 ( P a g e 5 I t e m #

6 4.1 Public realm management The cost of cleansing the City is approximately $5 million per annum which includes removal of vomit, footpath cleansing from urination and waste removal. Council would support an on the spot fine for public urination. Council requires all events to have toilets and acknowledges that an increase in public toilets in key entertainment areas could assist. Council currently operates a 24- hour public toilet at 121 Hindley Street, with late night security on Friday and Saturday nights. Council public toilets can be found at the National Toilet Map Business community The Adelaide West End Association is particularly concerned with the impact of intoxicated patrons in the West End early on Saturday and Sunday mornings, creating a negative impact on day time trade. Council receives complaints from city visitors who feel unsafe, offended and concerned about heavily intoxicated people in laneways and other areas as people begin their day. Council has received complaints about intoxicated and unwell people still loitering on streets and around shops and doorways at 10am. This has an overall impact on perceptions of safety and amenity and the reputation of city entertainment precincts. A break in alcohol trade allows for the city to be cleaned and for intoxicated patrons to disperse, prior to the commencement of the day time economy. 4.3 Night Time Economy The creation of a vibrant city requires a growing and healthy night time economy. Adelaide relies more heavily upon the drink sub sector, making up 20% of our night time economy, than all other Australian capital cities. Sydney comes closest with their drink sub sector making up 15.3% of the night time economy. While the entertainment subsector has grown by 6% to $12 million in Adelaide from 2009 to 2011, Adelaide is still heavily reliant upon the liquor industry 7. This trend poses challenges for legislative reform, where the dual objectives of vibrancy and safety are sought. Strategies that focus on the food industry, paired with activities focusing on a wider range of demographic sectors, could assist to grow a more diverse night time economy, less focused on alcohol. Council is exploring strategies to develop the 5-8pm economy in the city. 5. Legal age of consumption 5.1 Venue practices Council has no specific position on the legal age of consumption but would recommend that practices related to providing free alcohol for patrons on their 18th birthday, and other specific drink offers targeting teens and young people, be prohibited. The Late Night Code of Practice may go some way to regulate novelty or rapid consumption drinking aimed at young people. 7 The Australian Night Time Economy A First Analysis 2009 to 2011, Report Commissioned by the National Local Government Drug and Alcohol Advisory Committee, February 2013 P a g e 6 I t e m #