Sydney lockout laws

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Kings Cross May 2010

The Sydney lockout laws were introduced by the Government of New South Wales in February 2014 with the objective to reduce alcohol-fuelled violence. The legislation requires 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.

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. In response, the NSW Government announced it would relax the last drinks and lockout laws by half an hour for live entertainment venues in a two-year trial.

Context[edit]

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 at 9pm,[1] was just metres from the site where teenager Thomas Kelly had been fatally punched in July 2012.[2]

Christie's family called upon politicians to set laws that would help to stop alcohol-related violence.[3] 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.[4]

Legislation[edit]

Legislative change[edit]

Barry O'Farrell announced his Government's plan for the new lockout laws on 21 January 2014.[5] The Government introduced the Liquor Amendment Bill 2014 to parliament on 31 January 2014,[6] 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.[7] 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.[8][9][10] The Government also increased maximum prison sentences and introduced new mandatory minimums for various drug-fuelled violent offences.[11]

Exemptions[edit]

Within the CBD entertainment precinct[edit]

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.[12] 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.[10]

Outside the CBD entertainment precinct[edit]

The entertainment precinct defined in regulations ends at Darling Harbour and does not include The Star Casino, which is one of Sydney's most violent licensed venues.[13][14]

Impact[edit]

Effect on reducing offences[edit]

A report from the NSW Bureau of Crime Statistics and Research (BOCSAR) released in April 2015 showed a 26% reduction in assaults in the lockout area, and a 32% reduction in assaults in Kings Cross.[15] In a March 2017 report, however, areas adjacent to the lockout precinct showed a 12% increase in assaults, with a 17% increase in "easy-to-reach" areas.[16]

Effect on CBD business[edit]

Several venues in Kings Cross have closed since 2014, with several owners blaming the lockout laws for shutting down the late-night economy.[17][18] World Bar's management estimated revenue was down 25% in two years from 2014 to 2016. They blamed the decrease on the lockout laws.[19]

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.[20] 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.[21]

Support for the lockout laws[edit]

A Fairfax-commissioned ReachTEL poll of 1,600 voters taken in August 2016 found "broad support within the community for keeping a 1.30am lockout (70 per cent) and retaining the 3am 'last drinks' time (72 per cent)".[22] It further found that "three-quarters of young people support existing laws" and that a majority of NSW voters said the lockout laws should be extended across the state.[22]

Reports in October 2018 stated that the NSW government, led by the Deputy Premier John Barilaro and at least eight members of the governing cabinet were seriously looking at scrapping or considerably relaxing the lock out laws due to the negative impact on businesses and the reputation of Sydney on people seeking to holiday in the city. Keep Sydney Open, which has lobbied against the laws, celebrated the reports on Thursday.“Finally the government is acknowledging the negative impact on businesses and the reputation of our city,” the group said. City of Sydney Councillor Christine Forster said she was pleased Mr Barilaro was reportedly onboard to reverse the laws.

In a letter to Premier Gladys Berejiklian, Cr Forster, the sister of former prime minister Tony Abbott, said the lockouts have taken an immense toll on the city’s late-night economy, already resulting in the closure of many businesses and threatening the future of scores more.” Lord Mayor Clover Moore also supports reversing the lockouts. The restrictions have overseen a decline in patronage in parts of the city. Numerous venues along the iconic LGBTQI strip Oxford Street have shut their doors. [23]

A </ref>https://www.smh.com.au/national/nsw/newtown-cracks-down-on-party-buses-as-support-slips-for-lockout-laws-20181005-p5080c.html</ref>ReachTel poll commissioned by The Sun-Herald in October 2018 found 38.8 per cent of voters want the lockout laws eased and trading hours extended, compared with 48.1 per cent who do not, with the rest undecided. Two years ago, 70 per cent of voters supported the lockouts.

Opposition to the lockout laws[edit]

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.[8] 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.[24]

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.[25]

On 21 February 2016, an estimated 15,000 attended a protest organised by 'Keep Sydney Open' to protest the lockout laws.[26] Speaking at the protest was Dave Faulkner of band the Hoodoo Gurus, Isabella Manfredi of The Preatures, Nina Las Vegas, Crikey journalist Bernard Keane and Keep Sydney Open group leader Tyson Koh. Performing at the rally were Royal Headache, Art vs. Science and Future Classic DJs.[26]

In October 2016, around 4,000 people attended another Keep Sydney Open protest calling for the NSW Government to lift lockout laws.[27] Organisers said that the laws alienated young people and destroyed the live music scene, all while allowing The Star casino to remain open.[28] A third Keep Sydney Open rally was planned for January 2017,[29] but NSW Police summarily shut the rally down by making a last minute application to the New South Wales Supreme Court for a "prohibition order" under the Summary Offences Act 1988.[30]

Callinan review[edit]

An independent review of the lockout laws, conducted by Ian Callinan, was released in September 2016.[31] 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.[32] While largely backing the laws,[33] the review recommended relaxing the 1.30am lockout to 2am for live entertainment venues.[34][35]

In December 2016, the NSW Government released its response to the review and said it would relax the lockout law for live music venues by a half-hour in a two-year trial.[36][37] In line with the review, takeaway and home delivery alcohol sales will be extended from 10pm to 11pm across the State.[38]

References[edit]

  1. ^ "Lockout laws and violence in the streets". 20 February 2016.
  2. ^ 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.
  3. ^ "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.
  4. ^ 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.
  5. ^ 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.
  6. ^ 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
  7. ^ "LIQUOR AMENDMENT BILL 2014". www.austlii.edu.au. Australasian Legal Information Institute. Retrieved 24 September 2016.
  8. ^ a b 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.
  9. ^ O'Farrell, Barry (5 February 2014). "Lockout to commence from 24 February" (Press release). NSW Government. Archived from the original on 15 June 2016.
  10. ^ a b "New alcohol laws now in place". www.nsw.gov.au. New South Wales Government. Archived from the original on 23 February 2016. Retrieved 24 September 2016.
  11. ^ "Alcohol and Drug fuelled violence initiatives". www.nsw.gov.au. New South Wales Government. Retrieved 24 September 2016.
  12. ^ 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.
  13. ^ 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.
  14. ^ Nicholls, Sean (April 21, 2015). "Star casino may be the most violent venue but exempt from restrictions". The Sydney Morning Herald. Archived from the original on 2015-04-20.
  15. ^ Menéndez, Patricia; Weatherburn, Don; Kypri, Kypros; Fitzgerald, Jacqueline (April 2015). "Lockouts and last drinks: The impact of the January 2014 liquor licence reforms on assaults in NSW, Australia" (PDF). Bureau of Crime Statistics and Research.
  16. ^ Whitbourn, Michaela (6 March 2017). "Sydney lockouts: Assaults 'displaced' to suburbs around CBD and Kings Cross". The Sydney Morning Herald. Archived from the original on 2017-03-07.
  17. ^ 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.
  18. ^ 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.
  19. ^ 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.
  20. ^ 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.
  21. ^ Bourke, Emma (29 August 2016). "Impact of Sydney's lockout laws 'vastly overstated'". ABC News. Archived from the original on 10 October 2016.
  22. ^ a b James Robertson, "Majority of voters back broader lockout laws across NSW, poll shows", The Sydney Morning Herald, 29 August 2016.
  23. ^ https://thenewdaily.com.au/news/state/nsw/2018/10/04/lockout-laws-reversed-sydney-cbd/
  24. ^ Wilson, Zanda (15 April 2016). "Australian Hotels Association Call For Change To Lockout Laws". Music Feeds. Archived from the original on 16 April 2016.
  25. ^ 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.
  26. ^ a b McMah, Lauren (21 February 2016). "Thousands protest against lockout laws in Keep Sydney Open rally". news.com.au. Retrieved 21 February 2016.
  27. ^ "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.
  28. ^ 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.
  29. ^ Williams, Tom (16 January 2017). "Keep Sydney Open Announces New Anti-Lockouts Rally". Music Feeds. Archived from the original on 2 February 2017. Retrieved 2 February 2017.
  30. ^ "Lockouts case highlights concerns for free speech in NSW". Levitt Robinson Solicitors. 2017-02-02. Retrieved 2017-02-02.
  31. ^ Independent Liquor Law Review, NSW Government, retrieved 16 October 2016
  32. ^ Raschilla, Lukas (16 September 2016). "Peak Industry Body Comments on Callinan Review". Drinks Bulletin. Archived from the original on 16 October 2016.
  33. ^ 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.
  34. ^ 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.
  35. ^ Woolway, Madeline (13 September 2016). "Callinan review findings released, laws could be relaxed". Hospitality Magazine. Archived from the original on 14 September 2016.
  36. ^ Nicholls, Sean; Robertson, James (8 December 2016). "Lockout, last drinks laws relaxed after review". The Sydney Morning Herald. Fairfax Media. Archived from the original on 20 January 2017. Retrieved 2 February 2017.
  37. ^ Mack, Emmy (8 December 2016). "Sydney Lockout Laws To Be Relaxed For Live Music Venues". Music Feeds. Archived from the original on 2 February 2017. Retrieved 2 February 2017.
  38. ^ "NSW Government's response to lockout and last drinks laws announced". www.liquorandgaming.justice.nsw.gov.au. Retrieved 2017-03-10.