SUBMISSION TO THE CITIZEN S JURY

SUBMISSION TO THE CITIZEN S JURY How can we ensure we have a vibrant and safe Adelaide nightlife?

Restaurants, cafes and small food outlets including mobile food vendors create vibrancy in Adelaide's Central Business District (CBD) without impacting the safety of the people and visitors. South Australia is recognised nationally and internationally for its premium food and wine.the Cafes and Restaurant sector has grown and is the biggest contributor to the Adelaide Night Time Economy (NTE) 1 at 46.2% of revenue generated by the sector ($428 Million). A number of precincts including Leigh Street, Gouger Street, Hutt Street, Rundle Street, O'Connell Street and Melbourne Street are restaurant rich, offering diversity in dining experiences and creating a welcoming and vibrant city. The community congregates in these precincts for dining experiences in a safe and responsible manner. The Night Time Economy (NTE) delivers opportunity, jobs (10% of state employment), security, taxes, colour, relaxation and value through much of their operations employing 1 million people and generating $92 Million throughout the country. A report commissioned by the National Local Government Drug and Alcohol Advisory Committee, released in February 2013 notes that the Consultants realised the no-one took the NTE (Night Time Economy) seriously as an economic entity capable of helping to change the nature of place for interests across the community. The report predominantly focuses on the economic opportunity created by the sector and the need for consideration of the sector in terms of town planning and amenity. The report identifies interesting differences in the mix of business that make up the sector across jurisdictions. It recognises the growth of the Sydney market on terms of revenue and amenity with Creative and Performing Arts as their largest sub-sector even ahead of Pubs and Bars. The development of a safe and diverse vibrant night economy should focus on activities that involve moderate alcohol consumption and not make drinking to drunkenness the aim of the game. There is community anxiety and media focus on alcohol related problems and public disorder within the CBD. A report commissioned by the South Australian Police in July 2010, "Alcohol and Crime", states that alcohol related public disorder predominantly occurred in Hindley Street and links much of the activity to intoxication and the access to alcohol over a 24 hour period. Restaurant and cafe outlets established on Hindley Street are mostly closing early to avoid problems associated with public disorder or employing security to protect their customers and business. Restaurants and cafes by their very nature are labour intensive with the service of both food and beverages making it easier to monitor customer behaviour enabling better patron management. It is undisputed that the SA community deserves the right to enjoy a vibrant and safe nightlife. This submission identifies that restaurants and cafes provide a safe environment and that the way forward for South Australia to create a vibrant and safe city is support the restaurant and cafe industry creating diversity and business viability - making the CBD an interesting, fun and safe place to be. 1 Report prepared for the National Local Government Drug and Alcohol Advisory Committee

THE RESTAURANT AND CATERING INDUSTRY The restaurant & catering sector is characterised by a large number of small businesses (97% small businesses) some of which are licensed to serve liquor and many that are not. Those that are not offer a clearly defined low risk entertainment option and should be encouraged and promoted in precincts where people gather to introduce outlet diversity and reduce the likelihood of high density precincts that serve alcohol without food. Those restaurant businesses that do serve alcohol, by their very nature and the service of food are more labour intensive than those that don t. This creates an environment where guests are more easily monitored, the price point for alcoholic product is likely higher (to cover the higher cost of labour and the reduced revenue streams that bar only environments provide) which in turn creates a lesser likelihood of drinking to excess by patrons. Effectively the introduction and promotion of restaurants and cafes is a very good way to promote a vibrant nightline and ensure consumer safety. SA POPULATION AND DEMOGRAPHICS South Australia suffers from an aging population (aging at a faster rate than the rest of the country) with a net loss of young people each year impacting on our economic viability due to a shrinking tax base from workers and GST revenues relied upon by the states. One of the ways to reverse that trend is to introduce a perception of vibrancy that will keep young people from leaving the state in search of work, other young people and a vibrant lifestyle. It is imperative to the future of our state that we reinvigorate the night economy to meet the needs of youth but also cater for the growing middle aged sector creating a stable business economy. EXPERIENCES FROM THE CITY OF SYDNEY A recent report by the City of Sydney showed that new restaurants and cafes lead the growth of after dark businesses in Sydney making that city the largest contributor to the national night-time economy which is worth $92 Billion a year. The food, drink and entertainment sectors expanded in 2009-11, despite economic uncertainty, with food leading the charge with 12% growth in the number of businesses 2. According to the Australian Night Time Economy report more than 10% of Sydney businesses are part of the night time economy. Suzie Matthews, the City s manager, business precincts, Late Night Economy and Safe City, said that the research indicated that food trucks were a positive addition to Sydney s nightlife creating business diversity and offering a service to the public that does not include sale of alcohol. South Australia will not be able to achieve the positive outcomes seen in Sydney unless the State Government reviews the high costs associated with starting and operating hospitality businesses in this state. Currently, South Australian businesses struggle under the high cost of labour, new part day public holidays, Workcover levy at double the National average and a low payroll tax threshold. Compliance costs for small businesses that will introduce vibrancy must be considered and reviewed. 2 Report prepared for the National Local Government Drug and Alcohol Advisory Committee

VIOLENCE The incidence of alcohol fuelled violence in the city is not linked in any way to the low risk restaurant sector. It is sometimes associated with irresponsible practices in and around licensed premises that are predominantly from sectors that sell mostly alcohol, rather than food. Licensing Enforcement Branch of SAPOL is charged with the monitoring and policing of licensed premises and the Codes of Practice (both the general and the late night code) are very prescriptive on the breadth of powers by police and the Liquor and Gambling Commissioner. The Commissioner now has the power to close down businesses that are found to be putting the public at risk but serving alcohol in a way that defies the Codes. These powers should be utilised to send a message to non-compliant operators that practices breaching the Code will not be tolerated. The elephant in the room is the behaviour of individuals outside of licensed premises. Consumption of alcohol is enjoyed in a number of social environments and privately. The high level of rigor around licensed premises does not exist in private settings so the trend of pre-loading before attending bars and clubs is where a good deal of unacceptable behaviour is launched. Many tragic events have occurred over recent times in SA and other jurisdictions that have initiated in the street where inebriated persons have started fights or behaved inappropriately after having been refused entry to licensed premises. The question on how to address the culture of persons drinking to drunkenness outside of licensed premises is an age old issue that must be addressed in the schools, in family and public settings and by the broader community. It would appear that the enforcement of fines for public drunkenness is rarely enforced for fear of acting as the fun police. If enforcement meant that persons were discouraged from behaving inappropriately by being drunk in public, that should be pursued as it is in the public s best interests. A new initiative in Sydney has been trialled to align with high risk sporting activities whereby a city drunk-tank has been established where drunk and disorderly individuals are removed from the streets, fined and held to sleep it off. If this shows a positive effect on the community by discouraging public drunkenness and breaking the cycle of alcohol fuelled violence, we see this as a viable strategy for introduction in Adelaide to address this issue. COMMUNITY ATTITUDES TO ALCOHOL The recent decision by the Government to endorse the sale of Wine in supermarkets is at odds with the principle that alcohol is a special good, and that its sale should be regulated. The increased availability of alcohol (by proposed increased outlet density) must be considered as a factor in the community s attitudes to alcohol. Supporting families to purchase alcohol in the general supermarket and to carry that alongside milk and eggs normalises the consumption of alcohol and increases the risk of access by minors and should be discouraged. See attached our submission to the State Government addressing the proposal to introduce Wine Sales in Supermarkets. Some level of violence may be evident even without the effects of alcohol consumption. Opportunistic violence may occur where persons congregate and are vulnerable. Areas of the city that are not well lit, not highly populated and have no police presence may attract individuals who

may be looking for the vulnerable or just looking for trouble per se. A policy by agencies to reduce these high risks by ensuring good lighting, police presence and also good transport infrastructure to enable access to and egress from the city, are imperative to reduce the likelihood of violence. It is part of the code of practice that late night venues must advise departing guests of their options in terms of public transport. The duty of care to those customers does not cease upon their leaving so this is a sensible step. The Code requires that venues show evidence of how this risk is mitigated. This is also addressed by all licensed premises through the mandatory Liquor Management Plan. COMMUNITY SAFETY A snap poll by one of our city-based restaurants reveals that city-residents often do not see the city as unsafe after dark it may be residents of other suburbs that may have less night time activity that may have a skewed perception that the city is unsafe. Media attention where there may be incidents can exacerbate that misconception. In our 24 hour media cycle and with the prevalence of social media it may be that some incidents have a life in the media well beyond the real community impact. A level of personal responsibility must be developed to ensure that persons travelling through the city at night avoid putting themselves in risky situations by taking cabs or public transport instead of walking, using well let populated walking routes and being aware of ones surroundings all common sense strategies that avoid unnecessary risk. Restaurant & Catering SA does not have recent crime statistics but it would be interesting to see the trends in violent crime in Adelaide relative to other cities in Australia and the world. Is the city really unsafe in relative terms and per capita? It is understood that any violent crime is unacceptable but there must also be a reasonableness test applied to any investment or strategy that is undertaken to acknowledge that all risks can never be completely mitigated. VIBRANCY Vibrancy can be introduced into the city in a safe way. Many public activities will introduce vibrancy and diversity. Arts events concerts, performances and exhibitions need not serve alcohol at all, and certainly their core business may not be alcohol related. Introducing vibrancy can be considered as a more holistic offering based on family friendly activities and consumer demand. Mobile food trucks (albeit with limitations on the number to ensure viability) if encouraged to trade at night would offer vibrancy by inviting people to gather without the offering of alcohol and perhaps to sober up those individuals that would benefit from food. A prominent and well lit city with a population to sustain businesses to open at night is what we should aim for. Busy well lit precincts with a vibrant range of products and services will ensure vibrancy and safety. Where there is little trade, there will be dead spots and closed shop fronts creating an ugly derelict environment that does not support visitation, vibrancy or safety. Governments should support this through positive population policy to grow the SA population, to enable economic viability for city businesses so it s in their interest to open. The Vibrant City Policy platform is good in principle but until the low population base is addressed, the promotion of new precincts like Bank Street and Peel Street runs the risk of merely moving business from existing precincts rather than growing new trade. Traders in Rundle Street may suffer,

for example, once the RAH moves westward with that trade moving to the new precincts. As much as that is a risk that business takes in selecting their location, Government policy should not play favourites to the detriment of established operators. SUMMARY The Citizen s Jury has a complex issue to consider in reviewing the performance of the Night time economy and balancing the views of interest groups against that of the wider community and the value to the state. The Restaurant & Catering sector would contend that the best way to reach a harmonious after dark environment is by supporting diversity in the business mix in late night precincts with not all businesses involved in the exclusive supply of alcohol Better policing of antisocial behaviour in and around late night precincts with strategies like drunk tanks employed to discourage public drunkenness Enforcement of the Liquor Codes of Practice Working with schools, community groups and sporting clubs to change social acceptance by young people of drunkenness Better planning and investment by Governments on streetscape, lighting and public transport Government policy to support sustainable businesses in city precincts since business activity supports better population movement and investment. CONTACT Sally Neville, Chief Executive Officer, Restaurant & Catering SA P 08 8351 7837 M 0411 836 423 E sallyn@restaurantcater.asn.au REFERENCE Australian Crime: Facts and Figures reports show teen are the most violent Australians, Lanai Scarr, News Limited Network, May 17, 2013 Alcohol and Crime Report, Commissioned by the South Australian Police, July 2010 The Australian Night Time Economy A First Analysis 2009-2011 commissioned by National Local and Government Advisory Committee