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Legal Studies and Industrial Relations - Essay Example

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Liquor laws have, until recently, prohibited the sale of liquor by licensed shops on Sundays. This meant that the purchase of liquor and drinking in public was generally confined to hotels. Needless to say, this legislature drove a significant amount of business in the direction of the city's hotels and pubs…
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Legal Studies and Industrial Relations
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Legal Studies and Industrial Relations

Download file to see previous pages... On the one hand, hoteliers appear sympathetic to, and understanding of, the rationale behind the change. On the other hand, hospitality industry stakeholders are concerned that the legislative change may drive business away from the hotels and more importantly, the small pubs. In other words, there is concern over the economic effect of the legislative change.
As evidenced in the preceding, the legislature under question here is liquor laws. This is the major legal issue here. The secondary legal issue relates to policies regarding economic compensation for small pub owners as a consequence of the said legislative reform.
Current liquor licensing legislature is a source of debate and controversy in NSW. Proponents of the status quo maintain that existent laws are an integral way of maintaining control over drinking and, accordingly, for avoiding the social problems which arise from binge drinking. Opponents contend that current legislature is unfair, on the one hand, and ensures that the hospitality industry remain under the control of the larger players on the other. Politicians are increasingly realising the veracity of the aforementioned and conceding to the imperatives of removing restrictive licensing. The Property Council of Australia has publicised its support for amendment, cutting the economic advantages of supporting small bars.
Under the proposed amend...
The aforementioned stakeholder has a very different perception of the situation than the other. The AHA maintains that legislative reform and support for small bars will effectively led to an alcohol problem. The APC, on the other hand, disputes this and maintains that it will economically invigorate the city. Despite the opposition of the AHA and its vocalised reservations, the most likely outcome is the passage of the amendment.
AAP (2007, 6 Nov.) AHA fears standards drop with new laws. Sydney Morning Herald.
The Australian Hotel Association has formally announced its reservation regarding the proposed amendment to the NSW liquor licensing laws. While conceding that these laws are both very tough and highly restrictive, the AHA says that they are reflective of the seriousness of the responsibility inherent in serving alcohol to the public. A license to serve alcohol is conditioned on the licensee's adhering to a certain standard, amongst which are the exercise of discretion when serving alcohol in an effort to mitigate against binge drinking and alcoholism, on the one hand, and to prevent minors from being served alcohol, on the other. The implication here is that the restrictive nature of the legislature is justified through a consideration of societal welfare.
As indicated in the preceding paragraph, the two stakeholders are the proponents of the amendment and its opponents, as in the AHA. Needless to say, the very nature of the legal issue further defines society itself, or members of the public, as an important stakeholder. The legal issue, which is the relaxation of the restrictions on licensing bars, is a thorny one for two reasons. In the first place, current ...Download file to see next pagesRead More
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