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82
Monitor effects of restrictions on alcohol consumption
That governments should closely monitor the effects of dry area declarations and other regulations or laws restricting the consumption of alcohol so as to determine their effect on the rates of custody in particular areas and other consequences.
All councils should deal with alcohol as a health issue . . . councils should not police public drinking at any time of day.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 82 is to monitor laws restricting alcohol consumption and their effects on rates of custody and other outcomes. When asked about action relevant to this recommendation, Victorian Government departments noted:
- The late-night liquor licence freeze introduced in 2008 for areas in Melbourne, Stonnington, Yarra and Port Phillip ended in 2023. New guidelines for granting late-night licences in inner Melbourne require the Victorian Liquor Commission to consider placing conditions on licences to minimise harm arising from late night alcohol consumption. Affected areas will be closely monitored for increased harms, anti-social behaviour, assaults & disorderly conduct.
- Councils can make local laws under the Local Government Act 2020 about when and where alcohol can be consumed in public. Local laws must be consistent with other legislation.
- Several councils have local laws that restrict the consumption of alcohol in designated public places; however, Local Government Victoria does not collate or monitor these laws or their impacts.
Some evidence was found of ‘once-off’ evaluations of restrictions on alcohol consumption, such as Local Law 8 in the City of Yarra and its impact on overall social harm. However, we could not find evidence of local governments regularly reviewing the local laws they establish or monitoring their effects in an ongoing way. When the Victorian Government considered remaking relevant laws or regulations, sometimes the associated impact statements included consideration of social harms but there was no monitoring of their effects on rates of Aboriginal or other people in custody.
Actions taken do not align with the intent of Recommendation 82 as there is not close or ongoing monitoring of laws restricting the consumption of alcohol or their impacts on vulnerable cohorts.
They haven’t had ongoing monitoring of the restrictions on alcohol consumption in any way shape or form. (Chris Harrison, Co-chairperson, AJC)
The Turning Point Exploring the Experiences and Needs of People Who Drink in Public Places in the City of Yarra Report (2021), indicated that the Consumption of Liquor in Public Places Local Law 2019 that replaced Local Law 8 continued to have disproportionate impacts on Aboriginal people. Consultations made clear that Aboriginal people in the area felt the blanket ban on drinking was ‘inherently prejudicial’. They felt unfairly targeted by the public drinking law and that it had little to no impact on their public drinking practices.
All councils should deal with alcohol as a health issue . . . councils should not police public drinking at any time of day. (Victorian Aboriginal Legal Service)
Parts of Recommendation 82 relating to dry area declarations are no longer relevant to Victoria as ‘dry areas’ were abolished when the Liquor Control Reform Amendment Act 2021 came into effect in December 2021.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Ongoing monitoring of local restrictions on alcohol consumption including impacts on vulnerable groups.
Ongoing monitoring of local restrictions on alcohol consumption including impacts on vulnerable groups.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) identified that in several jurisdictions, the decriminalisation of public intoxication is often accompanied with other restrictions such as ‘dry areas’ where alcohol is prohibited. These regulations may act as a re-criminalisation of public drinking and continue to have a similar effect on rates of Aboriginal deaths in custody.
Actions Taken Since Last Review
Liquor Control Victoria
From 2008, a freeze on new late-night liquor licences applied in the municipalities of Melbourne, Stonnington, Yarra and Port Phillip. During this period, the Victorian Commission for Gambling and Liquor Regulation was asked not to approve the grant, relocation, or variation of a range of liquor licences or BYO permits allowing alcohol service after 1 am, except where an exemption was granted based on economic or cultural significance to the state by the Minister or the Commission.
The Victorian Government lifted this freeze at midnight on 30 June 2023. New guidelines for late-night licences in inner Melbourne now require the Victorian Liquor Commission to consider imposing conditions to minimise harms associated with late-night alcohol consumption, with affected areas to be closely monitored for increases in anti-social behaviour, assaults, and disorderly conduct.
The Victorian Government abolished ‘dry areas’ by removing the ability of local residents to vote on a proposed liquor license application in designated areas under the Liquor Control Reform Amendment Act 2021.
Local Government Victoria
Local Government Victoria (LGV), within the Department of Government Services, provides policy advice to the Minister for Local Government, oversees relevant legislation and works with Victoria’s 79 councils to support responsive and accountable local government in line with the Local Government Act 2020 (Vic).
As many local government functions fall under other portfolios, LGV does not have direct responsibility for implementing this recommendation. However, it remains available to support lead agencies by facilitating engagement with councils and assisting with the sharing and dissemination of information as needed.
Impact
Outcomes
The late-night liquor licence ‘freeze’ in the municipalities of Melbourne, Stonnington, Yarra and Port Phillip ended in June 2023.
Some evidence was found of ‘once-off’ evaluations of restrictions on alcohol consumption, such as Local Law 8 in the City of Yarra and its impact on overall social harm. However, we could not find evidence of local governments regularly reviewing the local laws they establish or monitoring their effects in an ongoing way.
When the Victorian Government considered remaking relevant laws or regulations, sometimes the associated impact statements included consideration of social harms but there was no monitoring of their effects on rates of people in custody or impacts on vulnerable groups.
Community Views
Victorian Aboriginal Legal Service
All councils should deal with alcohol as a health issue . . . councils should not police public drinking at any time of day.
Exploring Experiences and Needs of People Who Drink in Public Places in City of Yarra
This 2021 study by Turning Point aimed to evaluate experiences of people impacted by public drinking laws in the City of Yarra. It included Aboriginal perspectives, given their historic and contemporary links to public spaces in the area.
Yarra Council updated its regulation of public drinking by implementing the Consumption of Liquor in Public Places Local Law 2019. It replaced Local Law 8 that had operated for the previous 10 years, limiting the consumption of liquor in public places. Previous evaluations of this law found that Aboriginal people were the most impacted and experienced ‘adverse social, cultural, legal, economic, and health impacts as a result of the law’.
These trends remained consistent despite the change in the Yarra local laws. Aboriginal people reported feeling ‘unfairly targeted by the public drinking law’ and thought that ‘the law was undesirable’ with little to no deterrent impact on public drinking practices.
Drug and Alcohol Review
In 2021, a review examined Victorian local governments’ drug and alcohol prevention initiatives, including their involvement in planning, inspecting premises, and monitoring alcohol use. Under the Local Government Act 1989, local governments were permitted to regulate local licensed premises planning and designate alcohol-free areas. The review found that Melbourne local governments primarily enforced dry areas to address crime and community safety concerns.
The park was right in front of the local police station, so people were constantly being brought down, kind of to intervene with people who had been drinking to excess. Which is why they brought in the dry zones. But it’s predominantly focused on community safety.