Royal Commission into the Sale, Supply and Consumption of Liquor

Full description

The Royal Commission into the Sale, Supply and Consumption of Liquor was constituted under Letters Patent on 15 October 1963. The sole Commissioner, Mr Phillip David Phillips, Q.C. was required to report to the Governor.

The terms of reference were to inquire into, report upon and make recommendations on:

1. Social Consequences

(a) To what extent is the consumption of liquor a significant factor in causing:

(i) accidents (both road and industrial);
(ii) crime;
(iii) divorce and broken homes;
(iv) child delinquency and neglect;
(v) ill health.

(b) What is the incidence of alcoholism (habitual excessive consumption of liquor) in Victoria and what relationship, if any, exists between alcoholism and the sale, supply, disposal or consumption of liquor?

(c) Would either

(i) a variation in existing trading hours; or
(ii) a variation in the existing number of outlets for the sale or consumption of liquor; reduce any and what conspicuous social consequences in the community?

(d) Would a reduction in the alcohol content of liquor be a significant factor in reducing the incidence of undesirable social consequences of the consumption of liquor?

(e) Would staggered hours of trading or the closure of hotels for meal breaks contribute to better social habits of drinking?

(f) Should a campaign be undertaken to educate young people in regard to the consequences of excessive or unwise liquor consumption? If so, in what form and by whom?

(g) Are there any and what undesirable practices associated with the promotion of the sale or consumption of liquor which, in the interests of the community, should be regulated or prohibited?

2. Hours and Conditions

(a) Should the hours, during which liquor may be sol, supplied, disposed of or consumed in

(i) hotels;
(ii) restaurants;
(iii) clubs;
(iv) other premises;

be changed in the interests of the community in any and what way, having regard to the convenience of the public and other relevant factors?

(b) Is it desirable to create a restricted form of licence whereby on approved restaurant premises not otherwise licensed, liquor brought in by the customer may be consumed?

(c) Is there any and what way in which the conditions affecting the consumption of liquor on licensed premises can be improved? For example:

(i) should seating be provided in bars;
(ii) should cocktails or "before dinner" drinks be permitted to be served in hotels and restaurants without or by special permit and before the meal to persons about to partake of a meal on the premises?

(d) Are there any conditions with respect to the sale, supply, disposal or consumption of liquor operating in other parts of the Commonwealth which could with advantage to the public be adopted in the State of Victoria?

3. Accommodation

(a) Having regard to changes in the community, including the methods and habits of travel, is it necessary or desirable for all hotels to provide residential accommodation and dining-room facilities?

(b) If some hotels are not to be required to provide the facilities referred to in paragraph (a) should a higher licensing fee be payable in respect thereof?

(c) Should any and what changes be made in the law requiring the provision of accommodation facilities or amenities at licensed premises or clubs?

4. Economics

(a) Are there any and what localities in which it is considered that there are:

(i) too many hotels;
(ii) too few hotels?

(b) (i) Should the existing method of computing compensation for surrender or taking away of licences be changed and, if so, would such change reduce the number of unnecessary hotels?

(ii) Generally, what change, if any, is recommended in the existing method of computing such compensation?

(c) (i) Should any and what provision be made relating to the valuing of licensed premises for the purposes of rating?

(ii) Is there any and what justification for land used or occupied by any registered club to be excepted from rateable property within the meaning of the Local Government Act 1958?

(d) (i) Are there any particular practices in the liquor industry relating to leases of licensed premises, such as for example, the granting of short-term leases?

(ii) If yes, should such practices be prohibited or regulated in any and what way?

(e) Do the conditions affecting profitability in the retail sale of liquor in hotels prejudice or affect the provision of facilities or amenities available to the public? If yes, could these conditions be improved or altered?

5. Permits

(a) Is the existing special permit system operating satisfactorily? If any, in what respects is it not so operating and how could it be improved?

(b) (i) Should registered clubs and other clubs, bodies or associations, be permitted to hold a limited class or number of functions at which liquor is consumed on their own premises under conditions laid down by the Licensing Court?

(ii) Should organizers of charitable functions at which liquor is provided be permitted to charge or accept donations for admission to such functions under conditions approved by the Licensing Court?

6. Entertainment on Licensed Premises

(a) Should entertainments on licensed premises be regulated or controlled by the Licensing Court either as to the conduct of the entertainment, the prices at which liquor is sold or otherwise?

(b) Is it desirable or necessary to provide by way of licence or permit for late entertainments and if so:

(i) Should such licence or permit be available to:
(aa) Hotels;
(bb) restaurants;
(cc) places conducted solely as night clubs;

(ii) to what hour should such licence or permit extend; and

(iii) what other conditions should apply to such licence or permit?

7. Special Areas.

(a) In areas regarded as tourist areas:

(i) is it necessary or desirable for provision to be made for the grant of restaurant licences to take effect only during the tourist season;

(ii) should provision be made for any and what modification of the obligations attached to victuallers' licences during any and what period of the year?

(b) Other areas - Is it necessary or desirable to make provision for the variation of the normal hours of trading of hotels in certain areas, such as the Victorian Market, ports or country areas?

8. Administration.

(a) Should the Licensing Court perform both judicial and administrative functions?

(b) What administrative functions of the Court, if any, should be vested in the Registrar or other administrative officer?

(c) Is the existing system of inspection by Licensing Inspectors and Supervisors of Licensed Premises efficient? If not, what changes in their functions are recommended?

(d) Are any and what changes in the functions of the Court or its administration considered desirable to promote greater efficiency or flexibility?

9. Licensing Act.

In addition to any recommendations with respect to the sale, supply, disposal or consumption of liquor:

(a) should the Act or any part or parts thereof be redrafted in accordance with any and what principles with a view to achieving greater simplicity or uniformity in its application, administration or expression?

(b) Should any and what provisions of the Act be:

(i) omitted altogether for obsolescence or other cause;
(ii) restated or replaced to conform more with modern conditions, customs or usage;
(iii) rearranged to enable all provisions relating to:
(aa) hotels;

(bb) clubs;

(cc) restaurants;

(dd) licences, permits or authorities in respect of other kinds of premises or purposes to be collected together and be more readily accessible;

(iv) amended to simplify applications and objections to the Court and reduce the cost of such applications or objections to the Court and reduce the cost of such applications or objections?

The report was tabled in three separate stages, the final part being presented on 22 October 1965.

The sociological nature of the inquiry resulted in the Commission appointing a Director of Research in order to assemble and present evidence of a factual nature. The nucleus of this is a series of "Working Papers and Memoranda" part of which appear as appendices to the reports.

In conjunction a Consultative Committee of 64 people from various interest groups and industry representatives was established as a forum for informal personal debate and comment and criticism of prepared material.

Following the presentation of the first and second parts of the report the Government brought down legislation in the form of the Licensing Act 1965 to give effect to a number of matters of principle recommended by the Commission. These included the introduction of 10 p.m. closing for hotels, the inauguration of theatre and cabaret licences and provision for the supply of liquor with a meal on unlicensed premises.

The Liquor Control Act 1968 also reflected the recommendations of the Commission. It provided for the establishment of a new, non-financial, licensing administration body, the liquor Control Commission and a complete change to Victorian licensing law.

The recommendation of the Commission regarding the care and rehabilitation of alcoholics and drug addicts resulted in the amendment of the Inebriates Act 1958 by the Alcoholics and Drug Dependent Persons Act 1968. Research into Victorian drinking habits and alcohol/drug education courses for schools were also initiated and funded as a result of the Commission's recommendations.

Location of Records

See below and List of Holdings n Edition 1985, section 14.0.0.