Good for the goose - time to revoke liquor law exemptions

The Law Commission is currently considering public submissions on the reform of our liquor laws. Legislation regulating sale and supply is at the core of review’s efforts to reduce the harms of alcohol abuse, which are potentially present wherever alcohol is sold or supplied. The Drug Foundation asks why, then, does the Act allow for so many exemptions?

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The 1989 Sale of Liquor Act, the focus of the Law Commission’s attention, stipulates nine exemptions from itself. These include persons supplying or selling liquor in Parliament, defence force establishments and in canteens for Police, prison officers and firefighters.

In its report Alcohol in our lives, the Law Commission makes a strong case for removing these exemptions, arguing that, if the basic rule is that selling alcohol requires a licence, this should apply equally to all.

We concur.

It is difficult to make a compelling case that the sale of liquor in Parliament or a Police canteen should be treated any differently. The risks are the same (and, in some cases, even greater), and it is ridiculous to argue that host responsibility strategies should not be observed within these precincts.

Furthermore, there is no reason for those selling or supplying liquor at these premises not to be subject to the penalties of the Act if they sell to intoxicated persons or underage visitors. The Alcohol Advisory Council (ALAC) has also called for previously exempted organisations to be brought within the purview of the Act and pointed to evidence that the bars and canteens currently exempt from the Sale of Liquor Act are not conducive to safe and responsible drinking.

A string of incidents following officers drinking in Police canteens has fuelled concerns about a hard drinking culture in the Police and added weight to calls for stricter regulation.

Police bars were originally created in the 1960s as places where cops could relax in private after a hard day on the beat. While stations built since 2005 don’t have bars, there are still 28 Police bars throughout country.

Though they have their own rules that are similar to the Act, many reportedly still tolerate behaviour that would normally result in a patron being kicked out of a licensed bar.

According to former Police Association Executive Officer Graeme Butterworth, “It’s younger Police usually, maybe a sergeant or two behind the bars, and it’s very, very difficult for people of that rank to tell an inspector he’s had enough and he should go home.”

However, Police Association President Greg O’Connor says these bars are justified.

“Many of our officers are vulnerable out in the community having a drink. I would hate to see some of our people having their debriefing sessions, callthem what you like, out in the public where they’re not only likely to attract more criticism but more hassle from people who don’t like policemen.”

While the case for exclusive Police canteens may well be valid, it’s hardly a justification for exemption from the Act.

The same goes for the armed forces who are also renowned for a culture of ritualised heavy drinking. Eight Kiwi soldiers were recently sent home from East Timor after getting drunk on duty. Naval staff based in Devonport have been involved in several well publicised alcohol-related incidents. With a large percentage of young people and some canteens that serve liquor to civilian dependants and visitors, it is difficult to understand why these bars are different from establishments subject to the Act.

And as for Parliament, one has to wonder why our elected representatives need to drink in a legally unregulated environment. What sort of signal does that send at a time when we’re trying to strengthen the existing regulatory regime?

The time has come to revoke exemptions from liquor laws that seem increasingly out of place in today’s environment.

As Sir Geoffrey Palmer has said, “The benefit would be that you would know that the law applies, as it is written, to everyone. There’s a sort of equality in that.”

We’d happily raise a glass in agreement.