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January 2014 v.1404
2014 reforms for liquor regulation in NSW
1 of 3
FACT SHEET
On 30 January 2014, the NSW Parliament passed the Liquor Amendment Bill 2014 which will implement a package of new reforms to tackle alcohol-related violenceThe Liquor Amendment Bill 2014 will amend the Liquor Act 2007 and the Liquor Regulation 2008 to:
• declare the ‘Sydney CBD Entertainment Precinct’ and impose conditions on licensed premises within its boundaries
• enable the future declaration of other precincts in NSW, which will allow regulatory conditions to be imposed on licensed premises within a precinct
• create a freeze on most new licences and approvals for premises in the Sydney CBD Entertainment Precinct
• enable police to issue troublemakers with temporary banning orders, prohibiting them from entering most licensed premises in the Sydney CBD Entertainment Precinct
• enable police to apply to the Independent Liquor & Gaming Authority for a long term banning order for more serious troublemakers in the Sydney CBD Entertainment Precinct
• impose a new 1.30am lockout time and 3am last drinks on venues in the Sydney CBD Entertainment Precinct and Kings Cross Precinct
• stipulate that the 1.30am lockout and 3am last drinks provisions apply to declared premises in the Sydney CBD Entertainment Precinct and Kings Cross Precinct
• enable the suspension or revocation of RSA competency cards held by staff in the Sydney CBD Entertainment Precinct, or the disqualification of staff from holding a competency card for up to 12 months
• enable annual risk-based licence fees to be levied for liquor licences
• prohibit liquor stores, including online operators, and other venues from selling take-away liquor anywhere in NSW after 10pm, and
• suspend the operation of the online Responsible Service of Alcohol training trial.
This fact sheet outlines the reforms and the responsibilities for businesses and staff affected by the changes.
Some rules will take effect as soon as the legislation commences, which will occur shortly. Other rules will come into force later.
New rules for liquor licences and industry training across NSW
Rules for commencement shortly
No take-away liquor sales after 10pmThere will be a new state-wide 10pm closing time, every day of the week, for all bottle shops and liquor stores. This rule will also apply to the sale of take-away liquor sold in clubs and hotels, including take-away sales over the bar, as well as packaged liquor sales in liquor stores, supermarkets and grocery stores.
For licensees that provide liquor deliveries as part of their business model, liquor orders cannot be fulfilled (picked and/or packed) after 10pm, and liquor must not be delivered after 10pm.
Responsible Service of Alcohol (RSA) trainingThe current trial of online RSA training will be suspended until changes have
been made to improve the integrity of online certification.
Provided a student has successfully completed an online RSA training course before the suspension period, the registered training organisation (RTO) can grant an interim RSA certificate to the student, which will allow them to obtain their competency card. However the RTO should not enrol any new student in an online RSA training course, or accept enrolment fees from new students or promote the availability of an online RSA training option. Access to the online course must be discontinued for all students, including any who have enrolled and either not completed or not commenced the course.
An RTO can continue to offer and conduct RSA courses on a classroom basis while online RSA training is suspended.
Rules to commence in 2015
Annual risk-based licensing fee schemeA risk-based licensing fee scheme will be introduced, under which licensed venues will be levied an annual fee. The scheme will be modelled on the well-established schemes operating in Victoria and Queensland. It will enable fees to be levied according to a range of factors including:
• the location of a licensed premises
• the trading hours for the premises
• the patron capacity of the premises
• offences committed at or in relation to the premises
• compliance by the licensee with the requirements of the liquor laws.
The Government will publish details about the scheme later in 2014.
January 2014 v.1404 2 of 3
2014 reforms for liquor regulation in NSW
New rules for venues and staff in the Sydney CBD
Rules for commencement shortly
The ‘Sydney CBD Entertainment Precinct’A new Sydney CBD Entertainment Precinct will be created to better address significant alcohol-related issues and anti-social behaviour in the Sydney CBD.
The Precinct stretches from Kings Cross to Cockle Bay, The Rocks, Haymarket, parts of Surry Hills and Darlinghurst. Venues within this precinct, excluding small bars, restaurants and tourism accommodation establishments, will be subject to new rules.
Bars in tourism accommodation establishments which are accessible from the street are not exempt from the rules applying to the Precinct.
Variations can be made to the boundaries of the Sydney CBD Entertainment Precinct if necessary. The Government can also establish new precincts as required in other areas of NSW which are experiencing high levels of alcohol-related problems.
A map of the Sydney CBD Entertainment Precinct is provided on page 3.
The existing Kings Cross Precinct will continue. Most conditions already imposed on venues in the Kings Cross Precinct are unaffected.
‘Lock out’ of new patrons at 1.30amClubs, hotels, general bars and on-premises licences relating to public entertainment (other than a cinema or theatre) and karaoke venues, within the Sydney CBD Entertainment Precinct or the Kings Cross Precinct, must not let people into their venue between 1.30am and 5am Monday to Saturday. In the case of Sunday morning, these venues must not admit patrons between 1.30am and
5am or the authorised opening time, whichever is later. This rule will also apply to any declared premises in these precincts.
People already in a venue before 1:30am can stay until the close of business. They are able to leave at any time, but if they leave after 1.30am, they cannot re-enter that venue during the lockout period, or gain entry to any other venue subject to the lockout.
‘Last drinks’ at 3amClubs, hotels, general bars and on-premises licences relating to public entertainment (other than a cinema or theatre) and karaoke venues, within the Sydney CBD Entertainment Precinct, or the Kings Cross Precinct, must not sell or supply liquor after 3am, which is the start of the ‘liquor sales cessation period’. This requirement does not apply to venues exempt from the Precinct.
If a venue was authorised to sell or supply liquor after 3am prior to the reforms, the venue can remain open (but subject to the lockout) for other purposes, such as dining or entertainment, but must not serve liquor. Liquor sales cannot resume until the commencement of the next trading period, which is 5am Monday to Saturday, or in the case of Sunday morning, it is 5am or the authorised opening time, whichever is later.
Freeze on new liquor licencesA freeze will be imposed on the grant of specified types of new liquor licences and approvals, and on the grant of development consent, for premises in the Sydney CBD Entertainment Precinct. The new freeze will operate for two years. It will complement the freezes that are in place for the Kings Cross and the Oxford St Darlinghurst Precincts, and operate along similar lines. The existing Kings Cross Precinct and Oxford St Darlinghurst Precinct freezes will be extended to the same date.
Banning ordersBanning order provisions that were introduced for the Kings Cross Precinct in December 2013 are being extended to the Sydney CBD Entertainment Precinct.
Police can issue a temporary banning order to a person for 48 hours where the person refuses to comply with a move-on direction issued by police, or where the person has been refused admission to or asked to leave licensed premises.
Temporary banning orders will prevent entry to all licensed premises in the Sydney CBD Entertainment Precinct, except low risk restaurants that do not trade after midnight.
In more serious circumstances, Police can apply to the Independent Liquor & Gaming Authority for a long-term banning order to be issued for up to 12 months.
Long-term banning orders will prevent entry to all high risk venues in the Sydney CBD Entertainment Precinct.
Revocation of competency cards The legislation will enable the Authority to suspend, revoke or disqualify a person from holding an RSA competency card, for up to 12 months, where the person is employed in a licensed venue in the Sydney CBD Entertainment Precinct.
This action can be taken where the Authority considers the person has contravened obligations that relate to the responsible service of alcohol.
Penalties of up to $5,500 apply if a person with a suspended competency card, or a person who has been disqualified from holding a competency card, works in any capacity in a New South Wales licensed premises. Penalties of up to $2,200 apply if a competency card is not surrendered to the Authority.
As a protection for licensees, a licensee does not commit an offence
January 2014 v.1404 3 of 3
2014 reforms for liquor regulation in NSW
Level 6, 323 Castlereagh St, Haymarket NSW 2000 GPO Box 7060, Sydney NSW 2001Telephone 02 9995 0300 www.olgr.nsw.gov.au
if they employ a person who has had their competency card revoked or disqualified, if the person still holds a competency card that appears to be current, and the licensee is satisfied that the card is current.
Rules to commence later in 2014
Additional licence conditionsSpecial licence conditions will be imposed on venues in the Sydney CBD Entertainment Precinct. These conditions could include bans on the use of glass and shots after midnight, restrictions on patrons wearing outlaw motorcycle gang apparel, and a requirement to use RSA marshals, and CCTV systems. The conditions will be developed through a Plan of Management in consultation with stakeholders, and will come into force later in 2014.
More informationFor further information, visit www.olgr.nsw.gov.au
BELMOREPARK
HYDE PARK
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THEDOMAIN
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THE
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FARM COVE
WOOLLOOMOOLOO BAY
SYDNEY COVE
OBSERVATORYPARK
COOK & PHILLIPPARK
PRINCE ALFRED PARK
Cleveland Street
Cleveland Street
Cha
lmer
s St
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Regen
t Stre
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Belvoir
BedfordMeagher St
Chi
ppen
St
Bartley St
Hudson St
Queen StLittle Queen St
Teggs Ln
Wellington St
Dawson St
Rutland
Devonshire Street
Devonshire Street
Cooper
Cooper St
Adelaide St
Kippax
Randle Street
Wat
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Nor
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Nic
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High
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Arthur StCoulton Ln
Arthur St Phelps St
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Tudor St
Jesson St
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Albion StreetLittle Albion Street
Reservoir Street
Ann Street
Jesmond St
Fitzroy Place
Davo
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Ln
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Foveaux Street
Brisbane
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Goodchap St
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Chisholm
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Palm
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Bour
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Bour
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Taylor Street
Sturt
Hill StreetHannah St
Church Street
Albion Avenue
Napier St
Clare St
Street
Pitt
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Broadway
Harris Street
Harris Street
Valentine St
Quay Street Jones St
Park
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Wen
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WHITLAMSQUARE
THREESAINTS
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SYDNEY FOOTBALLSTADIUM
Poplar Street
Har
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Stanley Street
St Peters Street
Farrell Avenue
Nim
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Stre
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Surrey Lane
Womerah Avenue
Womerah Ln
Barcom Avenue
Step
hen
St
Goo
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e St
Boundary St
Boundary St
Barcom St
Macdonald St
Glenmore Rd
Glenmore Rd
Gurner St
Burton St
Dillon LnDillon StGlenview Ln
Glenview StMacdonald Ln
Cooper St
Stafford Ln
Hopewell Ln
Whit
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Uni
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Nor
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Suffolk
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Glen St
Duxford St
Suffolk
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Stafford St
Belmore PL
Renny Ln
Young St
Brod
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Oat
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Rd
Alex
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Littl
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Wal
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Stewart StLennister St
Renny St
Gordon St Watson St
Ulster S
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Olive St
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West Ave
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Liverpool St
McLachlan Avenue
Rose
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St
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William Street
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Bayswater
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Neild Ave
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Norman Street
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Little Hay St
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McQuarie
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Park Street
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Grosvenor Street
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Dalley StreetBridge Street
Jamison Street
Barrack
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rf R
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Hunter Street
Kent Street
Kent Street
Kent Street
Hickso
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Town’s Place
Mer
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treet
Trin
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High Street
High St
Argyle Place
Brad
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Hig
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Argyle Street
Windmill Street
Sussex Street
Sussex Street
Clarence Street
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York Street
York Street St James
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Druit
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Cathed ral St
Road
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Art Gallery Rd
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Prince
St. Mary’s Road
Cathedral Street
Sydney Pl
Stephen StH
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Hug
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Ln
Rockwall Cres
Onslow Avenue
Billyard Avenue BEAREPARK
Ithaca Rd
Rockwall Lane
Challis Avenue
McDonald Ln
St Neot Avenue
Tusc
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Pring St
Nesbit St
Hartnett StBland StreetNicholson Street
Wilson StreetPlunkett St
Corfu Street
Suttor Street
Harmer Street
Crick Av
Mansion LnKellett
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Clement Street
Kellett Pl
Earl P
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Earl
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Sprin
gfie
ld A
vWindeyer St
Rowena PlSYLVIA CHASE
SQUARE
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SHAKESPEAREPLACE
FARRERPLACE
Street
LANGPARK
Mackey Street
Arnold Place
Little Oxford Street
Littl
e Bu
rton
Stre
et
Chapel Street
Burn
ell P
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Littl
e Bo
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St
Littl
e D
owlin
g St
reet
Floo
ds P
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Littl
e Br
oom
field
St
Foley
Lang
ley
Stre
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Darley Place
Thom
son
Stre
et
Sher
broo
ke S
treet
Street
Lower Campbell St
Street
Mary’s Plac e
Sims Street
Tho m s on
Plac
e
Kelle
tt Way
Roslyn St
R o c kwall P
l
Onslow
Pl
Barncleuth Square
Barn
cleuth
Ln
Rosly n Ln
Road
Art Galleryof NSW
VICTORIA BARRACKS
Forb
es S
tree
t
Dalgety Road
Francis Street
Pier Street
Pitt
Stre
et
Lennister St
Moore Park Road
Glenmore Rd
Boundary Ln
Kirk
eton
Roa
d
Hunt
Street
WY
NY
AR
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OBSERVATORYPARK
Buck
ingh
mam
Chalm
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Stre
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Dis
tribu
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Sir John Y
oung Cre
scent
LANGPARK
TUMBALONGPARK
Sydney CBD Entertainment Precinct
Kings Cross Precinct (commenced December 2012)
Metres
0 250
v.3
Vict
oria
St
Victoria
St
Greenknowe Ave
Cowpe
r Wha
rf R
oadw
ay
Bou
rke
St
Campbell St
Eliz
abet
h St
Eddy AveRAILWAY SQUARE
Hay St
Hickson R
d
Flinders St
Sout
h D
owlin
g St
Albion St
Kings Cross Rd
Vict
oria
St
Macl eay St
Sussex Street
Geo
rge
St
Western Distributor F
wy
Har
bour
St
Tusc
ulum
St
Manning St
Sur rey St
War
d Av
e
Bro
ugha
m S
t
Birt l ey P
l
Baroda St
Hughes St
Vict
oria
St
Victoria
St
Greenknowe Ave
Cowpe
r Wha
rf R
oadw
ay
Bou
rke
St
Campbell St
Eliz
abet
h St
Eddy AveRAILWAY SQUARE
Hay St
Hickson R
d
Flinders St
Sout
h D
owlin
g St
Albion St
Kings Cross Rd
Vict
oria
St
Har
bour
St
Macl eay St
Sussex Street
Geo
rge
St
Western Distributor F
wy
Tusc
ulum
St
Manning St
Sur rey St
War
d Av
e
Bro
ugha
m S
t
Birt l ey P
l
Baroda St
Hughes St
Map of the Sydney CBD Entertainment Precinct