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Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc



Submission Sessional Committee on the Use and Abuse of Alcohol by the Community 051 Pitjantjatjara Council Inc

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Tabled Paper 271


Tabled Papers for 6th Assembly 1990 - 1994; Tabled Papers; ParliamentNT




Tabled by Eric Poole


Made available by the Legislative Assembly of the Northern Territory under Standing Order 240. Where copyright subsists with a third party it remains with the original owner and permission may be required to reuse the material.




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Curtin Springs Unrestricted licence. Prior to about January 1988, there was an informal arrangement that no takeaway alcohol would be sold to residents of local Aboriginal communities. Liquor Commission Chairman R. Coutts noted in January 1985 that formal restrictions on takeaway sales were not necessary at Curtin Springs because this informal arrangement was working. From around January 1988, unlimited (or almost unlimited) sales of takeaway alcohol have occurred. The Council objected to the renewal of the takeaway licence but was unsuccessful. The Liquor Commission decision is currently the subject of Judicial Review before the N.T. Supreme Court. Erldunda Roadhouse Unrestricted licence. In 1984, the Council successfully objected to the grant of a takeaway licence and the roadhouse had only an on-premises licence. In 1988, it re-applied for a takeaway licence and, despite the Council's objections, it was granted. This decision of the Liquor Commission, too, is the subject of Judicial Review. It is important to note that in spite of the breakdown of the Curtin Springs arrangement the Liquor Commission is still promoting these informal arrangments. In both the Curtin Springs and Erldunda cases the Council has previously said it would accept as licence conditions provisions similar to those at Marla. Experience has shown that these provisions generally work well. At Yulara, problems of sales by tourists have been kept under control through the co-operation of the Yulara Development Corporation. However, the N.T. Liquor Commission (now the Racing, Gaming and Liquor Commission) has hesitated to impose licence conditions such as those which pertain at Marla and elsewhere in South Australia on grounds that, on the one hand, they may contravene federal anti-discrimination statutes and, on the other, that they unfairly constrain licensees in the conduct of their business. However, licensees who operate under these conditions have not complained. The Licensing Court in South Australia has not taken this position, and to date the Human Rights Commission has found no difficulty with these arrangements. As a result of its experience with the Liquor Commission in the Curtin Springs and Erldunda hearings (see section VI), the 18

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