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Posted: 2024-07-24 05:49:10

In short: 

Hospitality NT says emergency powers allowing police to suspend venues' liquor licences should be changed.

It comes after two Alice Springs pubs had their licences suspended hours before the latest curfew was called.

What's next? 

The NT's major political parties have expressed bipartisan support for an appeals process for licensees.

The peak body for Northern Territory hospitality is urging changes to emergency police powers amid claims liquor licence suspensions are unfairly targeting Alice Springs businesses.

The calls came after Bojangles Saloon and The Rock Bar were issued 48-hour suspensions in the hours before the latest curfew began.

NT police alleged patrons from the venues took part in a "serious incident involving riotous conduct" on Todd Street in the early hours of the Sunday before the curfew.

Under the Liquor Act, the police commissioner can suspend a licensed premises from trading for a period of up to 48 hours.

A closed saloon in alice springs

NT Police issued a 48-hour liquor suspension notice for Bojangles.(ABC Alice Springs: Lee Robinson)

Hospitality NT chief executive Alex Bruce said the two businesses bore the brunt of the broad power despite a lack of evidence showing they had breached liquor laws.

"Unfortunately, what we saw down in Alice Springs was, yet again, a use of power that we don't think has enough checks and balances," Mr Bruce said.

"They use it when they're in hot water, all eyes are on them, there are demands and calls from the community and the media."

Venue owner denies police claims

At the time of the suspension, NT Police said the decision was made in the interest of "public welfare" and "aimed at reducing alcohol-related harm" in the community.

But Bojangles owner Pearl Randhay denied that patrons left the bar in an aggravated state on the night of the incident.

A woman stands behind a microphone at a press conference

Ms Randhay says police failed to detail which patrons left Bojangles in an "aggravated state".(ABC Alice Springs: Lee Robinson)

Ms Randhay said the police were not able to provide any details about which patrons were involved.

"I checked with licensing, and they said there's no issues," she said.

"We're just not sure where we stand."

Ms Randhay said the venue's reputation took a hit after the suspension.

"One year, we've been operating with zero breaches," she said.

"Not one of those police officers have come around and told us if there's an issue."

Alcohol bottles on sand

Hospitality NT is calling for greater checks on emergency police powers for liquor licensing.(ABC Alice Springs: Xavier Martin)

Checks on emergency powers

The emergency power allowing police to suspend venues was introduced in June 2018 after a recommendation from an NT government review of alcohol policies and laws.

The report from the three-year review of the NT's Liquor Act recommended in September last year amending the power to include a requirement that the "officer must believe on reasonable grounds that the suspension is required to prevent or reduce a threat or risk to the public".

Mr Bruce has been pushing for the NT government to urgently implement the recommendation, as well as legislate more checks for the emergency powers.

"We still don't think what the review has found goes far enough, and we really would like some more natural justice and due process put into it," he said.

Mr Bruce said businesses had "very limited" recourse when slapped with a suspension.

"They can basically sue in the Supreme Court and good luck to them," he said.

A man with glasses looks at the camera with a blank expression.

John Boffa is calling for tighter regulations around responsible service of alcohol.(ABC News)

More regulation needed

People's Alcohol Action Coalition spokesperson John Boffa said the Alice Springs-based group had been pushing for tighter regulations around responsible service of alcohol.

"We do have extreme problems with alcohol-related harms in the town and unfortunately that's increasingly showing up as drunk people leaving licensed premises," Dr Boffa said.

"Those venues need to think about what they can do to make sure we're in a situation where these laws don't need to be utilised.

"One clear thing that can be done that would make a difference is to separate last drinks from closing time, so that not everyone spills out into the public at the same time."

He said the territory liquor legislation's emergency police powers – which the community group pushed for – did not need to be watered down.

"There needs to be more consequences for failure to properly adhere to responsible service of alcohol," he said.

"The town can't afford to have the adverse publicity that we again got a few weeks ago, it's having such a negative impact."

NT Opposition Leader Lia Finocchiaro standing and speaking at a press conference.

Lia Finocchiaro is calling for an appeals process.(ABC News: Pete Garnish)

Support for appeal process

NT Opposition Leader Lia Finocchiaro said premises that had been shut down by police needed an appeal process.

"If the police are going to exercise those powers the venue has a right to provide their response prior to it happening," she said.

In a statement, NT Police Minister Brent Potter said his government planned to establish a review process for licensed premises handed suspension notices by police.

"This will ensure business owners are treated fairly and can appeal decisions they believe are unfair and not backed up by evidence," Mr Potter said.

"Consultation on precisely how this would work is currently underway and we will ensure that the new review process gets the balance right."

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