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NCJ Number: 204419 Add to Shopping cart Find in a Library
Title: Liquor Licensing Enforcement Activity in New South Wales
Author(s): Suzanne Briscoe; Neil Donnelly
Date Published: June 2003
Page Count: 19
Sponsoring Agency: NCJRS Photocopy Services
Rockville, MD 20849-6000
New South Wales Bureau of Crime Statistics and Research
Sydney NSW 2000, Australia
Sale Source: New South Wales Bureau of Crime Statistics and Research
Level 8, St James Centre
111 Elizabeth Street
Sydney NSW 2000,
Australia

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Publisher: https://www.lawlink.nsw.gov.au/bocsar 
Type: Report (Study/Research)
Format: Document
Language: English
Country: Australia
Annotation: This bulletin presents the methodology and findings of a comprehensive analysis of liquor-licensing enforcement in New South Wales (Australia).
Abstract: In New South Wales (NSW), the sale of alcohol at licensed premises is regulated by both the Liquor Act 1982 and the Registered Clubs Act 1976. Since to-date there has been no analysis of liquor licensing enforcement activity in NSW, it has not been possible to determine whether the liquor laws have achieved their deterrence objectives through consistent enforcement that creates a credible perception that those persons who violate the liquor laws will be detected and sanctioned. The analysis reported in this bulletin aims to quantify the amount of liquor licensing enforcement actions conducted in NSW as well as the outcomes of prosecutions against licensed liquor establishments. The data sources used for this study were court proceedings, Liquor Administration Board conferences, police infringement notices, and the NSW Department of Gaming and Racing infringement and compliance notices. The study found that in 2001, the most recent year for which complete data were available, 4,619 enforcement actions were undertaken under the liquor laws. A significant percentage of this enforcement activity focused on patrons or minors, with just over 25 percent of enforcement actions being against patrons for failing to leave a licensed establishment and 14 percent being against persons for underage drinking (under age 18). Over a 6-year period there were 2,277 appearances finalized by the Licensing Court, which involved 1,080 distinct licensed premises. Approximately 1 in 10 licensed premises appeared at least once before the Licensing Court. Evidence was found that a small group of licensed premises repeatedly appeared before the Court, with 26 premises identified in more than 5 finalized court appearances and an additional 6 of these premises identified in more than 10 appearances. Just 1.9 percent of premises with only one appearance had a license sanction imposed; whereas, 25.8 percent of premises with four or more appearances had action taken against the license or licensee/manager/secretary. In its conclusion, the study notes that although police must respond to antisocial and violent behavior by patrons at licensed premises, the focusing of the majority of enforcement actions on alcohol consumers rather than on alcohol providers may not be the most effective long-term strategy in minimizing alcohol-related harm on licensed premises. In a highly competitive industry, such as the retail liquor industry, licensed premises are unlikely to adhere to relevant laws if the perceived risk of apprehension for violating the law is low or if the punishment associated with a violation is perceived to be trivial compared to the profits to be made from a less restrictive sale of alcoholic beverages. 11 tables, 21 notes, 35 references, and appended table of legislative provision for liquor-related offense categories
Main Term(s): Foreign police
Index Term(s): Foreign laws; Liquor control laws; Liquor law violations; New South Wales
Note: Alcohol Studies Bulletin, No. 4, June 2003
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=204419

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