Sydney lockout laws

Kings Cross by night in 2010, before the implementation of the lockout laws

The Sydney lockout laws legislate for 1.30am lockouts and 3am last drinks at bars, pubs and clubs in the Sydney CBD Entertainment precinct. The precinct, defined in regulations, is bounded by Kings Cross, Darlinghurst, Cockle Bay, The Rocks and Haymarket.

The laws were introduced by the New South Wales Government in February 2014 with the objective to reduce alcohol-fuelled violence. While data shows that alcohol-related violence has decreased, concerns have been raised about the impact of the law on Sydney's nighttime economy.

In 2016 the law was subject to an independent review, conducted by Ian Callinan.

Context

Teenager Daniel Christie died in January 2014, the victim of a one-hit punch. He had been out celebrating New Year's Eve in Kings Cross. His assault, a random attack, was just metres from the site where teenager Thomas Kelly had been fatally punched in July 2012.[1]

Christie's family called upon politicians to set laws that would help to stop alcohol-related violence.[2] Within weeks of Christie's death, the O'Farrell ministry met to discuss a new package of measures to address community concerns on the issue.[3]

Legislation

Legislative change

Barry O'Farrell announced his Government's plan for the new lockout laws on 21 January 2014.[4] The Government introduced the Liquor Amendment Bill 2014 to parliament on 31 January 2014,[5] to amend the Liquor Act 2007 and the Liquor Regulations 2008. The Bill would give the minister a regulation-making power to declare areas as prescribed precincts and impose conditions on licensed premises within those precincts.[6] The regulations defined the new 'CBD entertainment precinct' as the region bounded by Kings Cross, Darlinghurst, Cockle Bay, The Rocks and Haymarket, including parts of Surry Hills.[7][8][9] The Government also increased maximum prison sentences and introduced new mandatory minimums for various drug-fuelled violent offences.[10]

Exemptions

Within the CBD entertainment precinct

The regulations exempt venues within the defined CBD entertainment precinct that have poker machines installed. These venues may permit entrance to patrons on the condition that they do not serve alcohol past 1.30am and do not provide entertainment other than poker machines and background entertainment.[11] Most licensed small bars (maximum 60 people), restaurants and tourist accommodation may stay open past 3am, although alcohol service is not permitted after this time.[9]

Outside the CBD entertainment precinct

The entertainment precinct defined in regulations ends at Darling Harbour and does not include The Star Casino, which is one of Sydney's most popular licensed venues.[12]

Impact

Effect on reducing offences

Police data released in March 2015 showed a reduction in alcohol-related crime.[13]

Effect on CBD business

Several venues in Kings Cross have closed since 2014, with several owners blaming the lockout laws for shutting down the late-night economy.[14][15] World Bar's management estimated revenue was down 25% in two years from 2014 to 2016. They blamed the decrease on the lockout laws.[16]

In 2010, City of Sydney measured pedestrian traffic in Kings Cross peaking on Saturdays at 5,590 per hour between 1am and 2am. In 2015, the Saturday peak traffic had declined to 3,888 between 12am and 1am.[17] Industry groups have claimed an 80 per cent reduction of foot traffic in Kings Cross, while the Foundation for Alcohol Research and Education claims the decline is closer to 19 per cent.[18]

Opposition to the lockout

When the law was first introduced, the NSW branch of the Australian Hotels Association said that the law would negatively impact Sydney's nighttime economy.[7] As at April 2016, they were advocating for the lockouts to be replaced with a 'no new patrons' policy, whereby patrons arriving after 3am would have to book ahead and alcohol service could continue after 1.30am.[19]

In September 2015, a 1000-member group named 'Reclaim the Streets' marched in protest of the lockout laws, claiming that the lockout had not solved the problem of alcohol-fuelled violence, instead pushing it into neighbouring suburbs, including Newtown.[20]

In October 2016, around 4,000 people attended a 'Keep Sydney Open' protest calling for the NSW Government to lift lockout laws.[21] Organisers said that the laws alienated young people and destroyed the live music scene, all while allowing The Star casino to remain open.[22]

Callinan review

An independent review of the lockout laws, conducted by Ian Callinan, was released in September 2016.[23] The review considered the impact and effectiveness of the laws, but did not address some of the complaints the community had about the laws, including the impact on employment in the precincts.[24] While largely backing the laws,[25] the review recommended relaxing the 1.30am lockout to 2am for live entertainment venues.[26] The NSW Government said that they would respond to the review by the end of 2016.[27]

References

  1. ↑ Margetts, Jayne (28 August 2015). "Shaun McNeil sentenced to maximum 10 years in prison over one-punch death of Daniel Christie". ABC News. Australian Broadcasting Corporation. Archived from the original on 10 October 2016.
  2. ↑ "One-punch victim Daniel Christie farewelled at Sydney funeral". ABC News. Australian Broadcasting Corporation. 17 January 2014. Archived from the original on 17 January 2014.
  3. ↑ Gerathy, Sarah (20 January 2014). "NSW Cabinet to discuss alcohol-fuelled crime in wake of Daniel Christie's death". ABC News. Australian Broadcasting Corporation. Archived from the original on 19 February 2015.
  4. ↑ Nicholls, Sean (21 January 2014). "Barry O'Farrell announces 'tough' laws to combat alcohol-fuelled violence". The Sydney Morning Herald. Fairfax Media. Archived from the original on 12 April 2016.
  5. ↑ Renner, Christina; Cowper, Ashleigh (31 January 2014), Is this the death of late night Sydney? Liquor Amendment Bill passed by NSW parliament, Gadens, archived from the original on 30 March 2015
  6. ↑ "LIQUOR AMENDMENT BILL 2014". www.austlii.edu.au. Australasian Legal Information Institute. Retrieved 24 September 2016.
  7. 1 2 Nicholls, Sean (5 February 2014). "Alcohol: Barry O'Farrell announces Sydney lockouts from February 24". The Sydney Morning Herald. Fairfax Media. Archived from the original on 12 April 2016.
  8. ↑ O'Farrell, Barry (5 February 2014). "Lockout to commence from 24 February" (Press release). NSW Government. Archived from the original on 15 June 2016.
  9. 1 2 "New alcohol laws now in place". www.nsw.gov.au. New South Wales Government. Retrieved 24 September 2016.
  10. ↑ "Alcohol and Drug fuelled violence initiatives". www.nsw.gov.au. New South Wales Government. Retrieved 24 September 2016.
  11. ↑ Nicholls, Sean; Partridge, Emma (3 December 2015). "Sixteen Sydney pubs granted exemption to lockout laws". The Sydney Morning Herald. Fairfax Media. Archived from the original on 6 April 2016.
  12. ↑ Koziol, Michael (30 August 2014). "And the winner of Sydney's lockout laws is ... Star casino!". The Sydney Morning Herald. Fairfax Media. Archived from the original on 31 July 2016.
  13. ↑ Morri, Mark (31 March 2015). "Kings Cross crime rates plummet as enforcement of pub lock-outs work". The Daily Telegraph. News Corp Australia. Retrieved 16 October 2016.
  14. ↑ Dumas, Daisy (14 March 2016). "Going, going, gone: 10 iconic bar closures and moves in Sydney". The Sydney Morning Herald. Fairfax Media. Archived from the original on 16 March 2016.
  15. ↑ Spicer, David (30 July 2015). "Hugo's Lounge in Sydney's Kings Cross forced to close after revenue drop, owner blames lockout laws". ABC News. Australian Broadcasting Corporation. Archived from the original on 10 October 2016.
  16. ↑ Hennessy, James (2 May 2016). "Sydney icon World Bar reveals how hard the lockout laws have hit 'em". Pedestrian.tv. Archived from the original on 5 May 2016.
  17. ↑ Evershed, Nick (11 February 2016). "Sydney's lockout laws: five key facts about the city's alcohol debate". The Guardian. Archived from the original on 22 March 2016.
  18. ↑ Bourke, Emma (29 August 2016). "Impact of Sydney's lockout laws 'vastly overstated'". ABC News. Archived from the original on 10 October 2016.
  19. ↑ Wilson, Zanda (15 April 2016). "Australian Hotels Association Call For Change To Lockout Laws". Music Feeds. Archived from the original on 16 April 2016.
  20. ↑ Dye, Josh (13 September 2015). "Alcohol-fuelled violence: protesters demand end to city's 'draconian' lockout laws". The Sydney Morning Herald. Fairfax Media. Archived from the original on 5 February 2016.
  21. ↑ "Keep Sydney Open: Thousands attend protest against lockout laws, Jimmy Barnes backs campaign". ABC News. Australian Broadcasting Corporation. Archived from the original on 9 October 2016.
  22. ↑ Murphy, Damien (9 October 2016). "Keep Sydney Open rally fights for the right to party". The Sydney Morning Herald. Fairfax Media. Archived from the original on 9 October 2016.
  23. ↑ Independent Liquor Law Review, NSW Government, retrieved 16 October 2016
  24. ↑ Raschilla, Lukas (16 September 2016). "Peak Industry Body Comments on Callinan Review". Drinks Bulletin. Archived from the original on 16 October 2016.
  25. ↑ Quilter, Julia (16 September 2016). "Callinan review largely backs Sydney lockout laws, but alcohol's role in family violence is a blind spot". The Conversation. Archived from the original on 17 September 2016.
  26. ↑ Gerathy, Sarah (13 September 2016). "Lockout laws in New South Wales could be relaxed, report suggests". ABC News. Australian Broadcasting Corporation. Archived from the original on 9 October 2016.
  27. ↑ Woolway, Madeline (13 September 2016). "Callinan review findings released, laws could be relaxed". Hospitality Magazine. Archived from the original on 14 September 2016.
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