As at 17 November 2020 the Liquor Amendment (24-hour Economy) Bill 2020 passed through both Houses of Parliament and awaits assent. The Legislation is expected to take effect from 1 December 2020.
The Bill was introduced in May as a part of the NSW Government initiative which sees a prioritisation of Sydney’s 24-hour Night-Time Economy.
The Government’s 24-hour Economy Strategy comprises five Strategic Pillars, as follows:
1. Support more integrated planning and place-making – through State, local government and industry collaboration to enable the 24-hour economy to thrive.
2. Encourage the diversification of night-time activities by supporting a wider variety of businesses at night.
3. Nurture industry and cultural development to help entrepreneurs thrive in the 24-hour economy.
4. Explore ways to enhance mobility and improve connectivity between 24-hour economy hubs through safe and reliable transport.
5. And change the narrative for Sydney to drive more local consumption, highlighting Sydney as a world-class night-time destination, and encourage healthy behaviours.
Key changes in the Liquor Amendment (24-hour Economy) Bill 2020 include:
· A new incentives and sanctions system with ongoing fee discounts for licensed venues that maintain a clear record whilst replacing the current penalty schemes that involve the imposition of strikes and sanctions
· Removal of live music restrictions and enabling the promotion of live performance and music venues
· Allow small bars to offer more family friendly services to customers, by permitting minors in certain circumstances
· improved management of the liquor licensing and planning processes by reducing red tape and duplication
· Managing and monitoring same day alcohol delivery regulations
Minister for Customer Service Victor Dominello said the news laws will create a vibrant and safe 24-hour economy, with risk-based liquor laws that support business. “The new laws will boost the state’s night time economy by removing outdated laws, simplifying licensing processes and creating a new incentives and sanctions system that rewards licence holders with a clear record,” Mr Dominello said. “The economy doesn’t go to sleep after dark and we need laws that cater for a 21st century economy. The hospitality sector has been brought to its knees this year and the new laws will give the sector greater certainty and flexibility.”
Minister for Jobs, Investment, Tourism and Western Sydney Stuart Ayres said the laws would breathe new life into the economy. “This is great news and a double win for the community. The changes will empower businesses to thrive and grow, and provide customers with more choice,” Mr Ayres said. “The changes follow on from the Government’s response to NSW Parliament’s Joint Select Committee on Sydney’s night time economy.”
The new laws are expected to take effect from 1 December 2020 and complement recent changes to outdoor dining regulations, which make it easier for businesses to offer alfresco dining.
Nevertheless the media releases overlook important practical limitations, such as the new provisions that replace the former freeze precinct restriction on certain new licences. The former legislation has now been replaced with provisions that create a cumulative impact assessment process, targeted towards the refusal of licence applications in those areas that will become subject to that process. Not surprisingly the initial area comprises of pockets of the City of Sydney LGA, making it very difficult for applications for new hotels, bottle shops, clubs, nightclubs , an extension of trading hours or on premises seeking a primary service authorisation – to be approved by placing a hurdle in front of an applicant to overcome in attempting to rebut the statutory presumption against the grant of those types of applications.
Same-day delivery of takeaway packaged liquor will be brought into line with the supply of liquor on licensed premises. So that delivery personnel must not only be trained but will be subject to the same responsibilities as any person working within any licensed premises in dealing with customers.
The Gaming and Liquor Administration Act 2007 has also been amended to appoint minors to carry out controlled purchasing operations for the purpose of investigating whether a same-day delivery provider is breaching the Liquor Act.
Small bars will be able to allow minors on their Premises by operating in the same way as hotels, where a minors authorisation is in place and children are accompanied by a responsible adult when attending the small bar.
The amended Liquor Regulation also changes the content of certain notices that are required to be displayed on licensed premises as well as providing for the ability to obtain an interim small bar authorisation in the same way as a basic restaurant licence interim authorisation can be obtained.
Those seeking advice in relation to Liquor Licensing in Sydney’s new 24-hour economy can contact the team at Back Schwartz Vaughan at their convenience.
Sources:
https://global.nsw.gov.au/24-hr-action-plan
https://www.nsw.gov.au/news/24-hour-economy-reforms-support-nightlife-revival-post-covid-19
Liquor Amendment (24-hour Economy) Bill 2020
https://www.parliament.nsw.gov.au/bills/Pages/bill-details.aspx?pk=3783