GL4023 Density controls on the Sydney CBD …...Page 3 of 8 Density controls in the Sydney CBD...

of 8Independent Liquor & Gaming Authority GPO Box 7060, Sydney NSW 2001 | T 1300 024 720 W liquorandgaming.nsw.gov.au

GL4023 – Interim Guideline 6.1Density controls in the Sydney CBD Entertainment and Kings Cross Precincts

ILG

A637

1_01

0620

1. Overview1.1 On 1 June 2020, the NSW Government lifted

long-standing liquor licence freeze restrictions under Division 1A of Part 4 of the Liquor Act 2007 (the Act) from certain licensed businesses in Sydney CBD Entertainment and Kings Cross precincts (the ‘precincts’) to support a 24-hour economy for Sydney.

1.2 The changes mean existing hotels, registered clubs, licensed public entertainment venues, and packaged liquor outlets in the precincts may apply for new extended trading hours (up until ‘last drinks’ or take-away liquor trading cut off times). These businesses, as well as other venues operating under an on-premises licence, may also apply for changes to licensed boundaries to expand their patron capacity. Kings Cross licensees may also apply to move their licence if they wish to relocate into the Sydney CBD Entertainment precinct.

1.3 With these changes, interim guidelines have been issued to ensure related risks of alcohol-related harm continue to be managed in the precincts and provide information on::

– eligible locations for any applications; and – the criteria for easing the trading restrictions,

using an evidence-based approach.1.4 This Guideline provides this information and

contains relevant evidence considered by the Authority in determining the applications mentioned above. Potential applicants are strongly encouraged to read the Guideline ahead of making an application if their premises are located within the precincts.

2. Why is there a need for this Guideline?2.1 The precincts continue to have the highest

concentrations of licensed premises in NSW. While improvements in safety have been observed across these areas over the years, and alcohol-related assaults have reduced overall, it is important there is not a return to historical levels of violence seen in these areas.

2.2 Research has shown high concentrations of certain types of licensed premises are associated with higher rates of alcohol-related harm (refer to Annexure A of ILGA Guideline 6 at liquorandgaming.nsw.gov.au). Additional late-night trading hours, as well as increased scale or patron capacity, can also increase the risk of significant adverse social impacts, particularly in locations where there is clustering of premises.

2.3 To help achieve the right balance in the precincts, certain special conditions remain in place for many venues, including a 3.30am last drinks in Sydney CBD precinct and 3am last drinks in Kings Cross precinct.

2.4 With the 1 June changes to the freeze, there is a need for the Authority to also take a balanced approach as part of the licensing application process to manage risks specific to the precincts. This is particularly important for locations inside the precincts with high concentrations of licensed premises, where relevant evidence also shows adverse social impacts – including higher levels of alcohol-related violence and/or anti-social behaviour. This Guideline will assist with managing such areas.

2.5 The Guideline is evidence-based and has been informed by relevant licensing data on the number of licensed premises, type and density, as well as data from the NSW Bureau of Crime Statistics and Research (BOCSAR) on alcohol-related violence and offensive conduct. It has also been informed by research literature relating to density in Annexure A.

http://liquorandgaming.nsw.gov.au

of 8

Density controls in the Sydney CBD Entertainment and Kings Cross Precincts

Independent Liquor & Gaming Authority GPO Box 7060, Sydney NSW 2001 | T 1300 024 720 W liquorandgaming.nsw.gov.au

ILG

A637

1_01

0620

1. Does not include premises operated as cinemas or theatres, or venues that regularly provide live music entertainment (other than pre-recorded music), or a combination of live music entertainment (other than pre-recorded music) and visual or performance arts or other cultural events.

3. Applicability of this Guideline3.1 This Guideline applies to decisions that are made

by the Authority and its delegates about the following types of applications made in relation to ‘relevant premises’:

– an application for an extended trading authorisation;

– an application for approval to change the licensed boundaries of the premises, but only if it would increase the overall patron capacity;

– an application for approval to vary or revoke a licence condition, but only if it would increase the trading hours or the overall patron capacity of the premises;

– an application for approval to remove a licence from relevant premises in the Kings Cross precinct into the Sydney CBD Entertainment precinct.

3.2 Relevant premises, for the purposes of this Guideline, include premises situated wholly or partly in the precincts where one of the following licences is already in place:

– a hotel licence, other than a hotel licence used for operating a tourist accommodation establishment as defined under Cl. 3 of the Liquor Regulation 2018,

– a registered club licence, – an on-premises licence that relates to a public

entertainment venue such as a nightclub or adult entertainment venue (some exceptions apply1),

– a packaged liquor licence.3.3 A freeze on the issuing of new licences in the

precincts for hotels, registered clubs, nightclubs and packaged liquor outlets remains in place until 1 December 2020 under Division 1A of Part 4 of the Act. This Guideline does not apply to premises that are fully excluded from this freeze, including licensed restaurants, cafés, small bars, producers, and dedicated live entertainment venues operating under an on-premises licence. New licences may be granted for these types of businesses located within the precincts.

4. The Authority’s approach to applications in higher risk areas of the precincts

4.1 Cumulative impacts, both positive and negative, may arise as a result of the clustering of licensed premises. In some areas, relevant evidence reviewed from time to time may suggest that the number, type or density of licensed premises is having an adverse social impact on the local or broader community, particularly where there are high concentrations of licensed premises and high levels of alcohol-related violence and/or anti-social behaviour.

4.2 Under this Guideline, these problem areas within the precincts are designated as “Cumulative Impact Areas”. In such areas, the addition of further higher impact licensed premises, or extended trading hours and/or increased patron capacity for higher impact premises, may add to any pre-existing problems.

4.3 The Authority, when making decisions on applications, is required under the Act to have due regard to the need to minimise harm associated with misuse and abuse of liquor – including harm arising from violence and other anti-social behaviour. The Authority also must not grant extended trading for certain premises unless satisfied the overall social impact will not be detrimental to the well-being of the local or broader community.

4.4 Having regard to these obligations and the evidence presented in this Guideline, the Authority is of the opinion that the granting of an authorisation or approval of the type referred to in Paragraph 3.1 of this Guideline for relevant premises situated in the four Cumulative Impact Areas on the following page is likely to be inconsistent with its obligations under the Act:

of 8



ILG

A637

1_01

0620

Chart 1: Designated Cumulative Impact Areas

The above areas include any premises located within the defined boundaries of each area on the map, including premises that front, back onto or abut the boundary markings.

BELMOREPARK

HYDE PARK

HYDE PARK

THEDOMAIN

THEDOMAIN

WY

NY

AR

D P

AR

K

ROYAL

BOTANIC GARDENS

THE

DOM

AIN

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

teertS notroN

Nic

hols

Stre

et

Mar

shal

l St

Alex

ande

r St

teert S ht ebazil E

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

teertS nebroC

teertS yeliR elttiL

teertS htlaewno

mmo

C

teertS htim

S

Goodchap St

enaL namtaB

enaL pmahcuae

B

teertS leu

maS

Stre

et

Ryd

er S

t

Broomfield St

Rile

y St

reet

Rile

y St

reet

tS mahne

D

Short Street

teert

S ml

ohsi

hC

Flinders Street

rotubirtsiD nretsaE

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

teertS remlaP

teertS remlaP

Bour

ke S

treet

Bour

ke S

treet

Bour

ke S

treet

teertS sebroF

Taylor Street

Sturt

Hill StreetHannah St

Church Street

Albion Avenue

Napier St

tS e

ral

C

Street

Pitt

Stre

et

teertS ttiP

Geo

rge

Stre

et

teert S egr oeG

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

teertS dormi

N

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

nL noinU

nL nuotepoH

nL klofroN

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

tS nworB

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

tS e

gdir

bma

C

nL e

gdir

bma

C

Lawson Ln

Alm

a St

evA l

lebp

maC

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

daoR tsruhgnilraD

daoR tsruhgnilraD

Darlin

ghur

st Roa

d

Brow

n St

reet

Neild Ave

Rosl

yn G

arde

ns

Orwell Street

teertS yaelcaM

teertS gnilwo

D

Mce

lhon

e St

reet

Craigend Street

Goderich Lane

Brougham Lane

William Lane

Penn

ys L

ane

teertS egelloC

teertS egelloC

teertS gnoruY

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

tS hgaereltsaC

Cas

tlere

agh

Stre

et

Eliz

abet

h St

reet

teertS pillihPPh

illip

Stre

et

teertS pillihP

Bligh S

treetO’Connell

Stre

etSpring St

teertS eirauqcaM

Bent Street

Bent St

Alfred Street

McQuarie

Place

Cahill

Expressway

Albert St

Cahill Expressway

)llaM( tS ttiP

Pitt

Stre

et

Pitt

Stre

et

Harri

ngto

n St

reet

Glo

uces

ter S

treet

teertS egroeG

Geo

rge

Stre

et

t eert

S eg

r oe

G

t se

W ya

uQ r

aluc

riC

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 tS sutfoL Yo

ung

St

Dalley Street

Bridge Street

Jamison Street

Barrack

Wynyard Street

Wha

rf R

oad

Hunter Street

Hunter Street

teert

S tne

K

teert

S tne

K

teert

S tne

K

Hickso

n Road

Town’s Place

tS namirre

M

Lower

For

t Stre

et

Trin

ity A

v

teert

S hg

iH

High St

ecalP elygrA

Brad

field

Hig

hway

Cum

berla

nd S

treet

Argyle Street

Windmill Street

teert

S xe

ssuS

teert

S xe

ssuS

Clarence Street

ywF r ot ubi rt si

D nr et seW

ywF rotubirtsiD nretseW

Clarence Street

teert

S kr

oY

York Street St James

Cro

wn

Stre

et

Park Street

Druit

Yuro

ng P

a rkwa

y

Cathedral St

Road

Road

dR yrellaG trA

Albert

Prince

St. Mary’s Road

Cathedral Street

Sydney Pl

Stephen St

enaL nagiruoH

Hug

hes

Ln

Rockwall Cres

Onslow Avenue

eune

vA dr

aylli

B

BEAREPARK

Ithaca Rd

Rockwall Lane

Challis Avenue

McDonald Ln

St Neot Avenue

enaL mulucsuT

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

teertS lraE Sprin

gfie

ld A

vWindeyer St

Rowena PlSYLVIA CHASE

SQUARE

CHIFLEYSQUARE

SHAKESPEAREPLACE

FARRERPLACE

Street

LANGPARK

Mackey Street

ecalP dlonr

A

Little Oxford Street

teertS notruB elttiL

Chapel Street

Burn

ell P

lace

tS ekruoB elttiL

teertS gnilwo

D elttiL

Floo

ds P

l

tS dleifmoorB elttiL

Foley

teertS yelgnaL Darley Place

teertS nosmohT

Sher

broo

ke S

treet

Street

Lower Campbell St

Street

Mary ’s Plac e

Sims Street

T ho m son

Plac

e

Kel le

tt Way

Ros lyn St

R o c k wall P

l

Onslow

Pl

Barncleuth Square

Barn

cleuth

Ln

Ros ly n Ln

Road

Art Galleryof NSW

VICTORIA BARRACKS

Forb

es S

t ree

t

Dalget y Road

Francis Street

Pier Street

Pitt S

treet

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

rotubirtsiD nretseW

Sir John Y

oung Cre

scent

LANGPARK

TUMBALONGPARK

Sydney CBD Entertainment Precinct

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

teer

tS x

essu

S

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

teer

tS x

essu

S

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

Area 1 - South CBD

Area 2 - Darlinghurst

Area 3 - North CBD-Wynyard Station

Area 4 - Kings Cross precinct

of 8



ILG

A637

1_01

0620

5. The Guideline in practice5.1 In issuing this Guideline, the Authority is setting

down a strong statement of intent about its approach to considering certain applications in Cumulative Impact Areas.

5.2 The Guideline creates a ‘rebuttable presumption’ against the grant of an authorisation or approval referred to under Paragraph 3.1 for relevant premises in the four designated Cumulative Impact Areas, due to likely adverse social impacts from the additional premises, extended trading hours and/or increased patron capacity.

5.3 Notwithstanding this, the Guideline does not change the fundamental way in which licensing decisions by the Authority are made under the Act. The Authority considers each application on its merits in line with the legislative requirements. The Authority will continue to have regard to the matters referred to in Guideline 6 and consider the Community Impact Statement (where applicable) and any other relevant factors.

5.4 The Authority recognises that a range of positive social impacts may arise from applications for authorisations or approvals referred to under Paragraph 3.1. These impacts, and any council support, can still be examined as part of an application process if an application is submitted for premises located in a Cumulative Impact Area.

5.5 In exceptional circumstances, it remains open to the Authority to grant an authorisation or approval referred to in Paragraph 3.1 for relevant premises in a Cumulative Impact Area where the applicant can satisfactorily demonstrate that they would not add to the cumulative impact, and the Authority considers it appropriate.

5.6 The Authority considers that applications made in respect of relevant premises located in a Cumulative Impact Area 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;

– support from the local police of measures proposed to mitigate the risk of increased alcohol-related harm in the local or broader community.

5.7 In line with section 48(5) of the Act, the Authority will not grant an extended trading authorisation for any of the relevant premises referred to in Paragraph 3.2 of this Guideline unless satisfied that the overall social impact will not be detrimental to the well-being of the local or broader community.

Extended trading applications involving gaming machines5.8 The Authority will not consider applications

for new extended trading hours that include proposals to operate gaming machines, without any sale of liquor, to satisfy the social impact and harm minimisation application criteria referred to in Paragraph 5.6 of this Guideline.

Applications from outside Cumulative Impact Areas5.9 Applications made outside of Cumulative

Impact Areas are subject to normal application requirements and are each considered on their merits. The issues relevant to the assessment of overall social impact will vary according to the circumstances of each case, and evidence presented in this Guideline may be relevant for the Authority to consider in making any determination.

6. Relevant data and information6.1 The following data and information has informed

the approach set out in this Guideline.

Despite improvements, there continue to be elevated alcohol-related risks in Sydney 6.2 BOCSAR data shows that alcohol-related

assaults have reduced in the City of Sydney Local Government Area (LGA) over the past five years. From January 2015 to December 2019, alcohol-related non-domestic assaults reduced in the LGA by 5.6% each year. Alcohol-related domestic violence rates remained stable over the same period.

of 8



ILG

A637

1_01

0620

6.3 However, the City of Sydney LGA continues to have the highest overall numbers of alcohol-related non-domestic assault and offensive conduct in NSW. Alcohol-related non-domestic assault incidents in Sydney (1396 assaults) accounted for around 15% of the NSW total in the year to December 2019. Incidents of alcohol-related offensive conduct in Sydney (654 incidents) accounted for around 24% of all incidents throughout NSW in the year to December 2019.

6.4 There continues to be substantial concentrations of licensed premises, particularly in the Sydney CBD Entertainment precinct and the Kings Cross precinct, which are located within the LGA.

6.5 The number of licences, by licence type in each precinct, is shown in Table 1 and 2 below.

Table 1: Number of licences in the Sydney CBD Entertainment Precinct by Licence Type

Licence Type Count of Licence No.

Liquor - hotel licence 192Liquor - Club 20Liquor - on-premises licence OPEV 13Liquor - on-premises licence (all other) 770Liquor - packaged liquor licence 40Liquor - producer wholesaler licence 40Liquor - small bar licence 49Grand Total 1,124

Table 2: Number of licences in the Kings Cross Precinct by Licence Type

Licence Type Count of Licence No.

Liquor - hotel licence 12Liquor - on-premises licence OPEV 7Liquor - on-premises licence (all other) 63Liquor - packaged liquor licence 5Liquor - producer wholesaler licence 1Liquor - small bar licence 1Grand Total 89

of 8



ILG

A637

1_01

0620

6.6 Chart 2 below shows the location and density of the hotels, registered clubs, on-premises public entertainment venues and packaged liquor outlets.

Chart 2: Location and density of higher impact premises

of 8



ILG

A637

1_01

0620

Assaults in Sydney are not evenly distributed, some areas remain in the precincts higher risk and should remain subject to more stringent density controls

6.7 BOCSAR alcohol-related crime data from January 2019 to December 2019 shows where there were medium to high levels of alcohol-related assaults and alcohol-related offensive conduct incidents in the precincts and immediate surrounds – see charts 3 to 6 below.

– Chart 3 shows the alcohol-related non-domestic assaults across all times of day.

– Chart 4 shows alcohol-related non-domestic assaults from midnight, when the standard

trading period ends, until 7am (and is particularly relevant to the Authority in identifying areas where additional late-night extended trading, beyond midnight, may add to existing problems).

– Chart 5 shows alcohol-related offensive conduct across all times of day, and indicates locations where anti-social behaviour related to alcohol is primarily occurring.

– Chart 6 shows alcohol-related domestic assaults across all times of day (and is particularly relevant to the Authority in identifying areas where approval of additional trading hours or larger packaged liquor outlets may add to existing problems).

Chart 3: Alcohol-related

non-domestic assaults


offensive conduct


non-domestic assaults between midnight and 7am


domestic assaults

Sydney CBD Kings Cross Low Offence Density Medium Offence Density High Offence Density

of 8



ILG

A637

1_01

0620

7. Duration and interim nature of this Guideline7.1 This Guideline takes effect from 1 June 2020 and

remains in force for up to twelve months. It is intended to be an interim measure only.

7.2 The approach to managing risks associated with high concentrations of licensed premises in the precincts is proposed to be strengthened by the Government’s proposed legislative reforms in the 24-Hour Economy Exposure Bill (see ‘Cumulative Impact Assessments’). It is intended that, subject to the approval and implementation of that proposed framework for the precincts, this interim Guideline will be revoked.

7.3 The proposed framework includes measures to ensure designation of Cumulative Impact Areas in the precincts would be subject to ongoing review by the Authority, and that there continues to be an evidence-based approach to imposing density controls. This will provide opportunity to review data around the density of licensed premises, alcohol-related violence and anti-social behaviour in the precincts, and to capture any other relevant data on potential impacts when making related assessments, in consultation with key stakeholders.

1 June 2020

PHILIP CRAWFORDChairperson

GL4023 Density controls on the Sydney CBD …...Page 3 of 8 Density controls in the Sydney CBD...

Documents

Transcript of GL4023 Density controls on the Sydney CBD …...Page 3 of 8 Density controls in the Sydney CBD...