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Addressing the harmful use of alcohol - WHO Western Pacific Region

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<strong>Addressing</strong> <strong>the</strong> <strong>harmful</strong> <strong>use</strong> <strong>of</strong> <strong>alcohol</strong> : A guide to developing effective <strong>alcohol</strong> legislation<br />

Table 4.12 : Legislative examples<br />

Liquor Act, New South Wales (2007)<br />

Community impact<br />

1) The object <strong>of</strong> this section is to facilitate <strong>the</strong> consideration by <strong>the</strong> Authority <strong>of</strong> <strong>the</strong> impact that<br />

<strong>the</strong> granting <strong>of</strong> certain [pub, club or bottle store] licences, authorizations or approvals will<br />

have on <strong>the</strong> local community, in particular by providing a process in which <strong>the</strong> Authority is<br />

made aware <strong>of</strong>:<br />

a) <strong>the</strong> views <strong>of</strong> <strong>the</strong> local community, and<br />

b) <strong>the</strong> results <strong>of</strong> any discussions between <strong>the</strong> applicant and <strong>the</strong> local community<br />

about <strong>the</strong> issues and concerns that <strong>the</strong> local community may have in relation to <strong>the</strong><br />

application…<br />

5) The Authority must not grant a licence, authorization or approval to which a relevant<br />

application relates unless <strong>the</strong> Authority is satisfied, after having regard to:<br />

a) <strong>the</strong> community impact statement provided with <strong>the</strong> application; and<br />

b) any o<strong>the</strong>r matter <strong>the</strong> Authority is made aware <strong>of</strong> during <strong>the</strong> application process (such<br />

as by way <strong>of</strong> reports or submissions), that <strong>the</strong> overall social impact <strong>of</strong> <strong>the</strong> licence,<br />

authorization or approval being granted will not be detrimental to <strong>the</strong> well-being <strong>of</strong> <strong>the</strong><br />

local or broader community.<br />

Complaints<br />

1) A person may complain to <strong>the</strong> Director that <strong>the</strong> quiet and good order <strong>of</strong> <strong>the</strong> neighbourhood<br />

<strong>of</strong> licensed premises are being unduly disturbed beca<strong>use</strong> <strong>of</strong>:<br />

a) <strong>the</strong> manner in which <strong>the</strong> business <strong>of</strong> <strong>the</strong> licensed premises is conducted; or<br />

b) <strong>the</strong> behaviour <strong>of</strong> persons after <strong>the</strong>y leave <strong>the</strong> licensed premises (including, but not<br />

limited to, <strong>the</strong> incidence <strong>of</strong> anti-social behaviour or <strong>alcohol</strong>-related violence).<br />

2) Such a complaint must be in writing and be made or verified by statutory declaration.<br />

3) A complaint under this section may only be made by any <strong>of</strong> <strong>the</strong> following persons (referred<br />

to in this Division as <strong>the</strong> complainant):<br />

a) a person authorized in writing by 3 or more persons residing in <strong>the</strong> neighbourhood <strong>of</strong><br />

<strong>the</strong> licensed premises or a person who is such a resident and is authorized in writing<br />

by 2 or more o<strong>the</strong>r such residents;<br />

b) <strong>the</strong> Commissioner <strong>of</strong> Police;<br />

c) a person authorised by <strong>the</strong> local consent authority in relation to <strong>the</strong> licensed premises;<br />

or<br />

d) a person who satisfies <strong>the</strong> Director that his or her interests, financial or o<strong>the</strong>r, are<br />

adversely affected by <strong>the</strong> undue disturbance to which <strong>the</strong> person’s complaint relates.<br />

4) A complaint may relate to more than one licensed premises.<br />

52 Return to TOC

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