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

HYDE PARK

THEDOMAIN

THEDOMAIN

WY

NY

AR

D P

AR

K

ROYAL

BOTANIC GARDENS

THE

DO

MA

IN

FARM COVE

WOOLLOOMOOLOO BAY

SYDNEY COVE

OBSERVATORYPARK

COOK & PHILLIPPARK

PRINCE ALFRED PARK

Cleveland Street

Cleveland Street

Cha

lmer

s St

reet

Regen

t Stre

et

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

erlo

o St

reet

Nor

ton

Stre

et

Nic

hols

Stre

et

Mar

shal

l St

Alex

ande

r St

Eliz

abet

h St

reet

Eliz

abet

h St

reet

Eliz

abet

h St

reet

Hol

t

Balfo

ur S

treet

St

St

St

Stre

et

Wils

on S

t

High

Holbo

rn S

t

Mar

lbor

ough

St

Rainford St

Arthur StCoulton Ln

Arthur St Phelps St

Withers Ln

Tudor St

Jesson St

Street

Stre

et

Street

Foveaux Street

Albion StreetLittle Albion Street

Reservoir Street

Ann Street

Jesmond St

Fitzroy Place

Davo

ren

Ln

Fitzroy Street

Foveaux Street

Brisbane

Pelic

an

Waine Street

Brisb

ane

Wem

yss

Lane

Campbell

Barlow StreetRawson Pl

Mar

y St

reet

Com

mon

weal

th S

treet

Belm

ore

Stre

etBe

lvue

Stre

et

Belv

ue L

ane

Cor

ben

Stre

etLi

ttle

Rile

y St

reet

Com

mon

wea

lth S

treet

Smith

Stre

et

Goodchap St

Batm

an L

ane

Beau

cham

p La

ne

Sam

uel S

treet

Stre

et

Ryd

er S

t

Broomfield St

Rile

y St

reet

Rile

y St

reet

Den

ham

St

Short Street

Chisholm

Street

Flinders Street

East

ern

Dis

tribu

tor

Burton Street

Dar

ley

Stre

etLiverpool Street

Liverpool Street

Cro

wn

Stre

et

Cro

wn

Stre

et

Cro

wn

Stre

et

Cro

wn

Stre

et

Palm

er S

treet

Palm

er S

treet

Bour

ke S

treet

Bour

ke S

treet

Bour

ke S

treet

Forb

es S

treet

Taylor Street

Sturt

Hill StreetHannah St

Church Street

Albion Avenue

Napier St

Clare St

Street

Pitt

Stre

et

Pitt

Stre

et

Geo

rge

Stre

et

Geo

rge

Stre

et

Broadway

Harris Street

Harris Street

Valentine St

Quay Street Jones St

Park

er S

treet

Stre

et

St

St

Street

Street

Wen

twor

th A

venu

e

WHITLAMSQUARE

THREESAINTS

SQUARE

SYDNEY FOOTBALLSTADIUM

Poplar Street

Har

grav

e St

reet

Stanley Street

St Peters Street

Farrell Avenue

Nim

rod

Stre

et

Surrey Lane

Womerah Avenue

Womerah Ln

Barcom Avenue

Step

hen

St

Goo

dhop

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

e Ln

Uni

on L

n

Hop

etou

n Ln

Nor

folk

Ln

Suffolk

Ln

Glen St

Duxford St

Suffolk

St

Stafford St

Belmore PL

Renny Ln

Young St

Brod

ie S

t

Oat

ley

Rd

Alex

ande

r St

Littl

e St

ewar

t St

Wal

ter S

t

Stewart StLennister St

Renny St

Gordon St Watson St

Ulster S

t

Mar

tin S

t

Reg

ent S

tR

egen

t Ln

Bent

St

Gre

ens

Rd

Gipps St

Elfre

d St

Brow

n St

Hop

ewel

l St

Olive St

Hee

ley

St

Union

St

Orm

ond

St Hop

etou

n St

Dudley St

Gurner Ln

Hoddle St

Lawson St

Cam

bridge St

Cam

bridge Ln

Lawson Ln

Alm

a St

Cam

pbell Ave

Com

ber S

t

Wes

t St

West Ave

Har

die

St

Liverpool St

McLachlan Avenue

Rose

bank

St

William Street

William Street

Rile

y St

reet

Rile

y St

reet

Bayswater

Bayswater Road

Darlin

ghur

st Roa

d

Darli

nghu

rst R

oad

Darlin

ghur

st Roa

d

Brow

n St

reet

Neild Ave

Rosl

yn G

arde

ns

Orwell Street

Mac

leay

Stre

et

Dow

ling

Stre

etM

celh

one

Stre

et

Craigend Street

Goderich Lane

Brougham Lane

William Lane

Penn

ys L

aneC

olle

ge S

treet

Col

lege

Stre

et

Yuro

ng S

treet

Oxford Street

Norman Street

Searle Street

Oxford Street

Oxford Street

Oxford Street

Moore Park Road

Fost

er

Ultimo Road

Thomas

Thomas Street

Mary Street

Street

Road

Goulburn Street

Little Hay St

Cas

tlere

agh

St

Cas

tlere

agh

Stre

et

Eliz

abet

h St

reet

Phill

ip S

treet

Phill

ip S

treet

Phill

ip S

treet

Bligh S

treetO’C

onnell Stre

etSpring St

Mac

quar

ie S

treet

Bent Street

Bent St

Alfred Street

McQuarie

Place

Cahill

Expressway

Albert St

Cahill Expressway

Pitt

St (M

all)

Pitt

Stre

et

Pitt

Stre

et

Harri

ngto

n St

reet

Glo

uces

ter S

treet

Geo

rge

Stre

et

Geo

rge

Stre

et

George Street

Circular Q

uay West

Car

ringt

on S

treet

Cas

tlere

agh

Stre

et

Bathurst Street

Street

Bathurst Street

Park Street

Market Street

Market Street

King Street

King Street

Erskine Street

Margaret Street

Grosvenor Street

Lang Stre

et

Essex Street

Bond Street

Bridge Street

Gre

sham

St

Loftu

s St

Youn

g St

Dalley StreetBridge Street

Jamison Street

Barrack

Wynyard Street

Wha

rf R

oad

Hunter Street

Hunter Street

Kent Street

Kent Street

Kent Street

Hickso

n Road

Town’s Place

Mer

riman

St Lo

wer F

ort S

treet

Trin

ity A

v

High Street

High St

Argyle Place

Brad

field

Hig

hway

Cum

berla

nd S

treet

Argyle Street

Windmill Street

Sussex Street

Sussex Street

Clarence Street

Wes

tern

Dis

tribu

tor F

wy

Western Distributor Fwy

Clarence Street

York Street

York Street St James

Cro

wn

Stre

et

Park Street

Druit

Yuro

ng P

a rkw

ay

Cathed ral St

Road

Road

Art Gallery Rd

Albert

Prince

St. Mary’s Road

Cathedral Street

Sydney Pl

Stephen StH

ourig

an L

ane

Hug

hes

Ln

Rockwall Cres

Onslow Avenue

Billyard Avenue BEAREPARK

Ithaca Rd

Rockwall Lane

Challis Avenue

McDonald Ln

St Neot Avenue

Tusc

ulum

Lan

e

Pring St

Nesbit St

Hartnett StBland StreetNicholson Street

Wilson StreetPlunkett St

Corfu Street

Suttor Street

Harmer Street

Crick Av

Mansion LnKellett

Stre

et

Clement Street

Kellett Pl

Earl P

lace

Earl

Stre

et

Sprin

gfie

ld A

vWindeyer St

Rowena PlSYLVIA CHASE

SQUARE

CHIFLEYSQUARE

SHAKESPEAREPLACE

FARRERPLACE

Street

LANGPARK

Mackey Street

Arnold Place

Little Oxford Street

Littl

e Bu

rton

Stre

et

Chapel Street

Burn

ell P

lace

Littl

e Bo

urke

St

Littl

e D

owlin

g St

reet

Floo

ds P

l

Littl

e Br

oom

field

St

Foley

Lang

ley

Stre

et

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

D P

AR

K

OBSERVATORYPARK

Buck

ingh

mam

Chalm

ers

Stre

et

Wes

tern

Dis

tribu

tor

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