The Victorian Coalition Government has again moved to improve the State’s liquor licensing system with the introduction of legislation to establish a demerit points system.
Member for Benalla, Bill Sykes has welcomed the demerit points system which rewards licensees who do the right thing and penalises those who don’t.
He said, “This Government has introduced a number of measures since coming into government to ensure that our liquor licensing system is fair and equitable.
“Amendments to the liquor licensing system introduced by the previous government were strongly criticised by liquor licensees and the Baillieu-Ryan Government has listened to their concerns and acted.”
In addition to the tougher enforcement of the legislation the Baillieu-Ryan Government has substantially reduced or eliminated the exorbitant liquor licence fees imposed by the former Labor Government on low risk premises such as community clubs, wineries, restaurants and cafes, BYO permits and bed and breakfasts.
Dr Sykes continues to lobby for a fee reduction for other low risk liquor businesses such as country hotels and low volume takeaway liquor outlets.
“The introduction of a demerit points system will tackle licensees who flout the law and I will continue to make representations on behalf of country liquor licensees in relation to liquor licence fee options.”
Under the new system liquor licensees caught breaching serious liquor licensing laws will incur demerit points in addition to fines.
Dr Sykes said, “Irresponsible liquor licensees will be automatically suspended for a fixed period if they reach a demerit points threshold.”
“Licensees who serve alcohol to drunks or unsupervised minors on licensed premises will be hit by demerit points in addition to fines.”
Licensees that incur enough demerit points in any three year period will have its liquor licence automatically suspended for a fixed time.
There will also be three demerit point thresholds that will lead to similar liquor licence suspensions of 24 hours, seven days or 28 days. Incurring five demerit points will trigger an automatic 24 hour suspension, 10 points will lead to a seven day suspension and 15 points will result in a 28 day suspension.
Demerit points will be allocated where, in respect of offences, a licensee has paid an infringement (either in part or in full), has been successfully prosecuted, or has refused to pay their infringement notice for so long that an enforcement order has been issued for the infringement notice.
Since coming into government the Victorian Coalition has:
• passed legislation enabling tough new penalties for drunken, loutish and threatening behaviour;
• extended the freeze on new late-night liquor licences in inner Melbourne and surrounding municipalities;
• removed the planning permit exemption for new packaged liquor bottle shop applications;
• passed legislation for new offences to deal with drunks hanging around licensed premises after being refused entry or required to leave, those attempting to re-enter a venue within 24 hours of being denied entry or requested to leave a venue;
• created new powers for licensees and police officers to bar troublesome patrons from entering or remaining in a venue for a set period of time; and
• provided $800,000 to fund the Step Back, Think program to continue its work in tackling alcohol-fuelled violence.

Member for Benalla, Bill Sykes is again reminding local residents to be on the look out for scams with around 24 reported in the Mansfield Shire and Benalla Rural City over the last financial year.
Dr Sykes said residents need to be on the look out for scams, and that any concern can and should be reported to the dob-in-a-scam hotline.
Scams reported to Consumer Affairs Victoria from residents in the Mansfield and Benalla areas in the 2010-11 financial year include:
• A consumer who received a bill for advertising in a journal that she had never authorised;
• A consumer who received a call allegedly from Microsoft telling her they had detected a virus on her computer and needed urgent remote access to her computer to fix it;
• A consumer who received a call allegedly from a power retailer who said if she provided her Medicare and Pension Card details they could forward a contract for cheaper electricity rates;
• A consumer contacted by a telemarketing company stating his bank was overcharging him and he was entitled to $3,000. The consumer was told that to access the money he would need to pay a processing fee of $130. The consumer became suspicious and contacted Consumer Affairs; and
• A consumer contacted over the phone with an offer for a very cheap holiday. The consumer provided her credit card details but then heard nothing back from the trader and could not get in touch with them.
Across the state, Consumer Affairs Victoria received more than 6,770 reports of scams in the last financial year, up from around 4,700 reports in 2009-2010.
Scammers often pose as legitimate institutions, pretending to be from companies such as Microsoft or Sensis Yellow Pages or government agencies including the Australian Tax Office, the Department of Treasury and even Consumer Affairs Victoria.
Tips to avoid a scam
• Don't respond to unsolicited e-mails, texts or phone calls requesting personal information from anyone you don’t know or trust.
• Check your bank and credit card account statements regularly.
• Always look up phone numbers in an independent directory when you wish to check if a request or offer is genuine.
• Remember that even an offer that looks enticing or genuine could still be a scam.
Minister for Consumer Affairs Michael O’Brien said scammers were constantly finding new ways to con innocent people out of their hard earned dollars.
“Victims of scams are diverse. From an elderly person living alone who might respond to a scam letter out of loneliness, to a busy small business owner who accidentally pays a fake invoice,” Mr O’Brien said.
“Scams can be very difficult to identify from the real thing so consumers need to educate themselves about the tactics scammers may use to deceive them.
"Consumers who receive unsolicited requests for personal details or an upfront payment should always ask themselves if it could be a scam. These could come in the form of an offer a pre-approved credit card, an apparent inheritance or a fabulous prize or holiday.
“Anyone who thinks they’ve been approached by a scammer should report it. Authorities rely on the information that you provide to warn others about the scams out there.”
For further information or to dob-in-a-scam call 1300 55 81 81 or visit www.consumer.vic.gov.au to try out Consumer Affairs Victoria's online scams quiz.

The Minister for Consumer Affairs, Michael O’Brien held consultative meetings at the Euroa Hotel, Thoona Hotel and Happy Valley Hotel, Ovens on Thursday 31 March with liquor licensees from North East Victoria to discuss improvements to Victoria’s licensing regime for country hotels, low volume liquor outlets and seasonal traders.
Minister O’Brien said he appreciated the invitation from the Member for Benalla, Bill Sykes to consult with local business operators on how to address existing disadvantages in the liquor licence risk based fee structure which were introduced by the former Brumby Government.
Licensees from Thornton, Mansfield, Longwood, Undera, Violet Town, Devenish, Boho South, Benalla, Tungamah, Tawonga South, Falls Creek, Mt Hotham, Myrtleford attended the meetings.
Dr Sykes said, “Country hotels, low volume liquor outlets and seasonal traders remain disadvantaged by massive liquor licence fee increases introduced by the previous government.
“The Baillieu-Ryan Government is listening to the concerns of licensees so that we can continue to deliver for these businesses throughout North East Victoria.”
Minister O’Brien said that in opposition the Liberal Nationals had opposed changes to how renewal fees were calculated because they meant many low risk based businesses were unfairly penalised with massive renewal fee increases.
The Baillieu-Ryan Government has already dramatically reduced unfair liquor licence fees for community clubs and plans to introduce a five star rating system for licensees. This system will mean that licensees with good records will have licence fees reduced whereas those with infringements will incur increased fees.
Dr Sykes has been fighting for amendments to be made to the licensing regime on behalf of businesses in his Electorate for more than 18 months.
“At last we have a Minister who is willing to discuss these issues in person and listen to proposals from licensees on how to implement positive change.”
One of the suggestions put by local licensees was the provision to have a 12 midnight licence option at a reduced fee compared with the current choices of 11pm and 1am. The Minister is going to investigate this option.
The Minister said that under a Liberal Nationals Government the Liquor Licensing Commission team will take a more proactive approach in its dealings with liquor licensees including checks to ensure they have the most appropriate licence for their business. This may result in significant fee reductions in many cases.
He said licensees and police would be encouraged to work together to develop and implement a liquor licence accord, and made reference to existing successful accords operating in Mansfield and Wangaratta.
In addition the Baillieu-Ryan Government has introduced legislation to give licensees increased power to tackle antisocial behaviour in and around licensed venues and increased penalties for drunken, loutish and threatening behaviour.
Dr Sykes concluded, “I look forward to Minister O’Brien taking on board local licensees suggestions and coming up with a more fair risk based liquor licence fee structure. I will keep on the case.”

The Baillieu Ryan Government is delivering its election commitment to introduce year-round concessions on electricity bills early with the discount now beginning on 1 March.
Nationals Member for Benalla, Bill Sykes said people throughout the Benalla Electorate who hold pensioner concession cards, health care cards or Veterans’ gold cards will now be eligible for a 17.5% discount on their electricity bills all year.
“This effectively doubles the concessions that were available under the Brumby Labor Government, and will provide much-needed financial assistance for members of our community on low incomes, through the hot summer months as well as during winter,” Dr Sykes said.
A concession card holder currently paying an electricity bill of $1,500 per year would save $262 each year from the concession and there will be an extra saving of $44 from the Coalition’s election commitment applying from 1 March.
“The Baillieu Ryan Government is delivering its election promises and this assistance for members of our community who need it most, is being delivered early,” Dr Sykes said.
Minister for Community Services Mary Wooldridge said across Victoria more than 815,000 Victorians such as aged pensioners, veterans, sole parents, people with disabilities and carers, will benefit from the year-round reduction of 17.5 per cent on their electricity bills.
Eligible concession card holders will receive the concessions through a discount on their electricity bill.
Minister for Community Services Mary Wooldridge said the Coalition Government had been working closely with electricity retailers to introduce this important election commitment as early as possible.
The timing for eligible Victorians first receiving the new discount on their electricity bill will depend on the billing cycles of individual electricity retailers. If a retailer cannot adjust its billing system to include the concession from 1 March in a customer’s next due bill, the discount will be backdated and included in the earliest possible bill after that.
“This initiative will be a big help to members of our community who have been struggling to make ends meet as the basic costs of living such electricity have been increasing,” Dr Sykes said.
The Coalition committed $351.4 million over four years to deliver the year-round electricity concession. An additional $22 million will be allocated to make the concession available from 1 March 2011.

Nationals Member for Benalla, Bill Sykes has welcomed a new education campaign to help local people be better armed to identify and avoid con men and con women posing as tradespeople.
Dr Sykes said that north east Victoria was not immune to unscrupulous tradespeople and scammers ripping off vulnerable people with dodgy home repairs.
“Unsolicited door to door salespeople are a major concern for many residents throughout my Electorate.
“The pink batt debacle highlighted that there are unscrupulous tradespeople around who are prepared to ‘rip off’ consumers with shoddy workmanship which can have dangerous outcomes.”
The joint education campaign will be run between Consumer Affairs Victoria and Crime Stoppers Victoria and will give consumers the confidence to say ‘no’ to a unwelcome tradespeople.
“The campaign is aimed at protecting consumers, their homes and their pockets by making people aware of how to spot a travelling con man or woman.
“These are the sort of people who often prey on vulnerable consumers in regional Victoria, and in particular householders affected by the recent flooding should be on their guard,” Dr Sykes said.
Signs that an offer of home repairs may be dubious include:
• Someone looking like a tradesperson who knocks on your door uninvited;
• The quote on home repair services is cheap, cash-only or today-only; and
• The person demands payment for the job before any work has commenced.
“Changes to the Fair Trading Bill in 2010 have enabled new provisions to regulate fair trading laws to better protect consumers and includes the provision to prevent door to door salespeople from contacting households after 6.00pm.
“This new education campaign will further help residents throughout the Benalla Electorate to protect themselves from dubious tradespeople.”
Dr Sykes said that anyone who suspects a travelling con man or woman is operating in their area should contact Consumer Affairs on 1300 55 8181.

Nationals Member for Benalla, Bill Sykes said today that the Liberal Nationals Coalition Government has announced changes to liquor licensing fees to help ease the burden on over 10,000 Victorian small businesses and community groups that pose a low risk in relation to alcohol-related violence.
Dr Sykes said that this is a positive step toward moving to a true risk based fee structure.
The base renewal fee has been reduced for the following categories:
• Full club (without gaming machines);
• Restricted club;
• Vignerons;
• Restaurant and café;
• Renewable limited; and
• BYO permits.

“The reductions will benefit regional venues which have been hit with steep increases in annual fees implemented under a Brumby Government.
“Restaurants and cafes including BYO, vignerons, limited and restricted clubs licensees, who would have been paying over $400 will now pay a base renewal fee of just $200.
“Full club licensees without gaming, will now pay just $400 instead of the $800 imposed by the Brumby Government.
“The Liberal Nationals Coalition believes that the former Labor Government’s increases in licensing fees have caused a significant and unnecessary financial burden on community clubs and businesses who pose a low risk in relation to alcohol related violence.
“I along with my Liberal Nationals opposition colleagues and liquor licensees lobbied extensively the Brumby Government in 2009 and 2010 and as a result a number of changes were implemented. This included the removal of licence fees for B&B’s, florists and giftmaker businesses and a new Producer’s Licence for brewers and wineries.
“The Coalition Government recognises that these changes did not go far enough and has therefore taken action to reduce the licensing fee burden for many businesses and community based clubs.”
Dr Sykes said that the Coalition Government will also review fees for packaged liquor licences to address any anomalies that see all packaged liquor outlets charged the same fee regardless of their size.
“Small country pubs however continue to bear the burden of increased fees and I will continue to lobby on their behalf for a reduction in liquor licence renewal fees.”
Licensees can seek to reduce renewal fees by applying to reduce their patron numbers or trading hours.
Invoices were issued to licensees at the start of January and must be paid prior to March 31, 2011.
Licensees who continue to supply liquor after this date and who have not paid their renewal fee will be doing so illegally.
In certain circumstances, such as hardship applications, the Director of Liquor Licensing has the power to waive or reduce licence fees. These applications must be received by Liquor Licensing by 15 February 2011. Applicants should be aware that they will be required to submit certain financial information and provide a reason why they are seeking relief for payment of full fees.
Licensees were sent a letter in December to explain the new fees and the due date, which has been extended to accommodate the changes.
For information on liquor licensing fees and application forms go to www.justice.vic.gov/alcohol.

Traders in busy tourist towns will welcome a Coalition move to remove the ban on Easter Sunday trading, Nationals Member for Benalla, Bill Sykes said today.

Dr Sykes said that the Coalition believes that business should be free to make its own decision on whether it opens or not on Easter Sunday.

“Easter is one of the busiest times in the year for towns throughout north east Victoria including Alexandra, Benalla, Mansfield, Myrtleford, Nagambie, Bright and Mt Beauty.

“In the past I have helped local traders battle the bureaucracies to allow them to trade over Easter, often achieving success but only at the eleventh hour.

“This has caused unnecessary stress for local businesses and uncertainty for management and staff of the many businesses in the north east.

“If voted into Government on 27 November, we will be changing the current rules so that any business which wishes to trade on Easter Sunday is legally able to do so, and that the business itself will make that choice, not the government,” he said.

Dr Sykes said that the Easter Sunday trading ban was introduced by the Labor Government in 2003, but that its implementation has been riddled with anomalies.

“This has led to a lot of confusion and inconvenience, with negative impacts on local businesses and tourism.

“At present, a business with less than 20 employees, such as a milk bar, petrol station or café, can open on Easter Sunday, but larger businesses such as supermarkets or large variety stores, cannot.

“There have been a wide range of exemptions for larger chain hardware stores and plant nurseries, which only adds further to the confusion,” Dr Sykes concluded.

Dr Sykes said that the current situation was illogical and inconsistent, and needed to be cleaned up, which a Liberal Nationals Coalition government has promised to do.
 

Local brewers and wineries will have to wait until 2012 before they see any benefits in the Brumby Labor Government’s latest back-flip to their ill conceived risk based liquor licence policy, Nationals Member for Benalla, Bill Sykes said today.
“The Minister for Consumer Affairs announced a new Producer’s Licence this week which would replace the current vignerons’ licence and allow breweries and wineries to promote and sell produce at an unlimited number of farmers’ markets, shows and festivals without obtaining additional temporary licences.
“Whilst this change is welcome it does not make sense that this industry will have to continue to pay significant increases in their liquor licences for another two years before the amendment kicks in,” Dr Sykes said.
“If the State Government was genuine about wanting to support the ongoing development of the beer and wine industry by reducing unnecessary licensing regulation, the changes should come into effect immediately.”
Dr Sykes said that vineyards have been hit hard by the prolonged drought, bushfires and smoke damage to crops, severe frosts, floods and increasing red tape.
“Having attacked our small wine producers for two years, Labor cynically thinks it can buy votes five weeks out from an election with a half-baked promise that won’t take effect for another two years.”
Dr Sykes said the so called risk based liquor licence fee reforms by the Brumby Government have been fundamentally flawed.
“The State Government has got the whole risk based liquor licence reform very wrong.
“They have been forced to make significant changes since the introduction of the risk based fee structure in early 2009 and still have not got it right.”
Dr Sykes said there is still a need to address the issue that many country pubs have been hit hard with significant increases in liquor licence fees due to the risk based fee structure.
“The Liberal-Nationals Coalition, in government, will review the risk based liquor licence fee structure to ensure that a more equitable system is implemented.”

The State Labor Government has caved in to enormous industry, public and political pressure and revised the liquor licence fees for sporting and community groups, Nationals Member for Benalla, Bill Sykes said today.
“Sporting and community groups have been hit hard in the hip pocket by the massive increases in liquor licence fees following the Brumby Government’s botched reforms and so-called risk based fee structure.
“These groups will now benefit from changes to liquor licence fees with the introduction of fee discounts for eligible small clubs ahead of a full review of club licensing arrangements and fees in 2011.
“The effect of the Brumby Government’s ‘grab for cash’ has hurt many small community and sporting clubs.
“Small rural clubs are under enormous pressure and some clubs have been forced to relinquish their liquor licence because the small profits of alcohol sales do not cover the massive fee increases.”
Dr Sykes said that in the battle for a more equitable and fairer system of liquor licensing he has led two deputations of liquor licensees who met with the Minister for Consumer Affairs and presented petitions with thousands of signatures in Parliament.
“The Minister has now been forced back to the drawing board a number of times.”
In June this year bed and breakfasts, florists and giftmaker businesses who supply alcohol as an incidental part of their operations were given a reprieve with the removal of a yearly licence renewal fee.
Dr Sykes said that the risk based licence fee structure was one of the most fundamentally flawed reforms brought in by the Brumby Labor Government.
“Low volume takeaway outlets have also been harshly penalised by these so-called reforms.
“Many places have been forced to downgrade trading hours or surrender their licenses completely.
“While sporting and community clubs will benefit from the interim measure of a 50 per cent reduction on 2011 renewal fees, the challenge remains for the government to fix the remaining flaws in the risk based licence fee structure.
“There is still a lot more work to be done.
“The Labor Government, with its 800 strong ‘spin doctors’, is trying to hang onto Government at any cost.
“Rather than spending millions on spin, The Nationals are dedicated to ensuring that all Victorians have fair access to health, education and community services and that country people are not unfairly disadvantaged by a Melbourne-centric Brumby Government.”
Dr Sykes concluded, “The Liberal-Nationals Coalition, in government, will review the risk based liquor licence fee structure and work toward implementing a more equitable system that does not unfairly penalise small liquor licensees in country Victoria.” 

 Nationals Member for Benalla, Bill Sykes, has welcomed changes in fair trading laws which will provide an additional level of protection against unscrupulous and inappropriate selling techniques.
Dr Sykes contributed to a debate in Parliament this week on the Fair Trading Amendment (Australian Consumer Law) Bill which will enable new provisions to regulate fair trading laws to better protect consumers.
“One of these provisions is to prevent door to door salespeople from contacting households after 6.00pm.
“It further requires that door to door salespeople must leave premises on request and disclose information about the purpose and the identity of the supplier and consumers must be informed of their right to terminate an agreement.”
Dr Sykes said the issue of unsolicited door to door salespeople knocking on household doors up till 8.00pm was a major concern for people in the Benalla Electorate.
“I have frail, elderly people such as Betty Wright (Benalla), who is a lady in her 90’s with an indomitable spirit yet even Betty feels apprehensive about people coming to her house in the evening.
“The moving forward of the restriction on door to door salespeople contacting residents from 8.00pm to 6.00pm is certainly a step in the right direction.”
Dr Sykes also raised the issue of unsolicited contact, particularly by electricity salespeople.
“The main issue there is the great difficulty that my constituents have in identifying what the package being offered to them contains. It is very important that information be made available to constituents so they have a clear understanding of what is being offered to them.”
Dr Sykes drew attention to the pink batt debacle which caused significant concern amongst residents in the Benalla Electorate.
“These insulation people ended up working country towns street by street organising for pink batts to be installed. As history has revealed it has been a monumental disaster in terms of failure of the product to deliver what it claimed to deliver. We have seen examples of shoddy workmanship and outright dangerous outcomes with many house fires and, regrettably, some deaths.”
The bill also seeks to address the issue of itemised bills. Dr Sykes said that this is a major issue.
“Again, as with the electricity companies, I would have to say that even when I have a look at the bills I receive I have difficulty understanding what is supposed to be a clearer and more detailed presentation of information.
“An example that upset a lot of people in this area in recent times was when Goulburn Murray Water (GMW) put out their bills this year. There was a substantially increased overall cost however the irrigators and water users found it extremely difficult to understand the nature of the various components of the bill.
“The outrage by consumers necessitated GMW, to their credit, to hold community meetings and attempt to explain the details of the bills, which they had failed to do so in the first instance.”
Dr Sykes said that the Liberal-Nationals Coalition sees merit in a coordinated national approach to consumer law.
“I would hope,” Dr Sykes concluded, “that the bill is implemented sooner rather than later so that the consumers we represent can have an additional level of protection against unscrupulous and inappropriate selling techniques.”