Paula O'Brien

A risk‐based approach to harm minimisation in liquor licensing decisions

A recent decision from theVictorian Court of Appeal in Australia gives new force to the concept of harm minimisation in liquor licensing legislation. As a result of the decision in Kordister Pty v Director of Liquor Licensing [1], harm minimisation for liquor licensing purposes is now less about dealing with harms arising from misconduct by the individual licensee and more about developing a ‘risk profile’ for a venue in light of: (i) the physical, social and cultural environment in which the venue operates; and (ii) research about the relationship between alcohol and harm.