On 29 May 2020 the Government introduced the Liquor Amendment (COVID-19 Licence Endorsements and Temporary Freezes) Regulation 2020 (the Amending Regulation).
The Amending Regulation provides that RSA and RCG competencies that expire between 1 March 2020 and 29 June 2021 are taken not to expire and to continue in force until 30 June 2021. The Amending Regulation also extends the temporary liquor freeze until 1 December 2020, but exempts hotel, club, on-premises and packaged liquor licences from the restrictions related to:
Applying for an Extended Trading Authorisation if it authorises the sale or supply of liquor on the premises for a special occasion that takes place on a specified date and not on a regular basis;
Applying to vary an Extended Trading Authorisation so as to increase the trading hours of the premises;
Applying to vary or revoke conditions of a licence that would result in an increase in the trading hours or patron capacity of the premises;
Applying to change the specified boundaries of the premises where an increase in the premises’ patron capacity would result; and
Premises in the Kings Cross Entertainment Precinct applying to remove their licence to the Sydney CBD Entertainment Precinct among others.
The Amending Regulation must be read alongside the recent Interim Guideline 6.1 published by the NSW Independent Liquor & Gaming Authority (the Authority) on 1 June 2020, titled ‘Density controls in the Sydney CBD Entertainment and Kings Cross Precincts’ (the Guideline). The Guideline singles out a number of “higher risk” or “Cumulative Impact Areas” within the Precincts and confirms that the Authority is of the opinion that the granting of certain identified authorisations or approvals for relevant premises located in a Cumulative Impact Area is likely to be inconsistent with its obligations under the Liquor Act 2007 – thereby creating a presumption against the approval of such applications.
Those identified “Cumulative Impact Areas” are:
Area 1 – South CBD (George Street South and surrounds)
Area 2 – Darlinghurst (Oxford Street and surrounds)
Area 3 – North CBD – Wynyard Station (North George Street and surrounds)
Area 4 – Kings Cross Precinct
While the Guideline creates a rebuttable presumption against the grant of an authorisation or approval referred to above, it remains open to the Authority to grant an application where the applicant can satisfactorily demonstrate that they would not add to the cumulative impact, and the Authority considers it appropriate.
The Authority considered that in respect to relevant applications relating to premises located in a Cumulative Impact Area, they must account for the elevated risk profile of the area and be able to clearly demonstrate:
Positive social impacts on the local and broader community, particularly any benefits that are unique or distinct from other licensed businesses already operating in the area and/or that enhance the vibrancy or character of an area;
How specific measures, over and above those required by legislation, would contribute to reducing the likely social detriment given existing problems in these areas with alcohol-related violence and/or anti-social behaviour;
Support from the local council based on the positive social impacts; and
Support from the local police of measures proposed to mitigate the risk of increased alcohol-related harm in the local or broader community.
The Amending Regulation and Guideline should be considered in the context of the draft Liquor Amendment (24-Hour Economy) Bill in respect of which the consultation period has recently ended. The draft Bill, when enacted, will shape the future of Sydney’s night-time economy.
Should you require any advice as to how the Amending Regulation and Guideline may affect your business, please do not hesitate to contact Tony Schwartz on (02) 8383 3777 or by email: tschwartz@bsv.com.au
For more information please refer to the links below.
Amending Regulation - https://www.legislation.nsw.gov.au/regulations/2020-227.pdf
www.liquorandgaming.nsw.gov.au
www.customerservice.nsw.gov.au