Sydney lockout laws
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The Sydney lockout laws were introduced by the
Government of New South Wales The Government of New South Wales, also known as the NSW Government, is the Australian state democratic administrative authority of New South Wales. It is currently held by a coalition of the Liberal Party and the National Party. The Governmen ...
from February 2014 to January 2020 in the CBD and Oxford Street (and until March 2021 for Kings Cross) with the objective of reducing alcohol-fuelled violence. The legislation required 1.30am lockouts and 3am last drinks at bars, pubs and clubs in the Sydney CBD entertainment precinct. The precinct, defined in regulations, was bounded by Kings Cross,
Darlinghurst Darlinghurst is an inner-city, eastern suburb of Sydney, New South Wales, Australia. Darlinghurst is located immediately east of the Sydney central business district (CBD) and Hyde Park, within the local government area of the City of Sydney. I ...
, Cockle Bay, The Rocks and
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. While data showed that the lockout laws helped reduce alcohol-related violence, concerns were raised about the impact of the law on Sydney's night-time economy. In 2016, the law was subject to an independent review, conducted by Ian Callinan. In response, the NSW Government announced it would "maintain Sydney’s lockout laws and implement the key recommendations" which included relaxing the last drinks and lockout laws by half an hour for live entertainment venues in a two-year trial. In September 2019, a NSW Parliamentary committee recommended that the lockout laws should be removed by the end of the year, with the exception of Kings Cross, where restrictions will be retained. Medical professionals and representatives of emergency services workers opposed repeal. On 28 November 2019, the NSW Government announced that the lockout laws would be lifted in Sydney's CBD and
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from 14 January 2020. On 8 February 2021, the NSW government announced the lockout laws would be lifted from the remaining area Kings Cross from 8 March 2021.


Context

Teenager Daniel Christie died in January 2014, the victim of a one-hit punch. He had been out celebrating New Year's Eve in Kings Cross. His assault, a random attack at 9pm, was just metres from the site where teenager Thomas Kelly had been fatally punched in July 2012. Similar killings on the streets of Kings Cross and the Sydney CBD in that period included those of Calum Grant in 2011, Wilson Duque Castillo in 2012 and Lucio Rodrigues in 2013, bringing the tally to "five deaths in three years". Christie's family called upon politicians to set laws that would help to stop alcohol-related violence. Within weeks of Christie's death, the
O'Farrell ministry The O'Farrell ministry was the 93rd ministry of the Government of New South Wales, and was led by Barry O'Farrell, the state's 43rd Premier. The Liberal– National coalition ministry was formed following the defeat of the Keneally-led Labor ...
met to discuss a new package of measures to address community concerns on the issue.


Legislation


Legislative change

Barry O'Farrell Barry Robert O'Farrell (born 24 May 1959) is a former Australian politician who has been Australia's High Commissioner to India and non-resident Ambassador to Bhutan since May 2020. O'Farrell was the 43rd Premier of New South Wales and Minis ...
announced his Government's plan for the new lockout laws on 21 January 2014. The Government introduced the Liquor Amendment Bill 2014 to parliament on 31 January 2014, to amend the ''Liquor Act 2007'' and the ''Liquor Regulations 2008''. The Bill would give the minister a regulation-making power to declare areas as prescribed precincts and impose conditions on licensed premises within those precincts. The regulations defined the new 'CBD entertainment precinct' as the region bounded by Kings Cross,
Darlinghurst Darlinghurst is an inner-city, eastern suburb of Sydney, New South Wales, Australia. Darlinghurst is located immediately east of the Sydney central business district (CBD) and Hyde Park, within the local government area of the City of Sydney. I ...
, Cockle Bay, The Rocks and
Haymarket Haymarket may refer to: Places Australia * Haymarket, New South Wales, area of Sydney, Australia Germany * Heumarkt (KVB), transport interchange in Cologne on the site of the Heumarkt (literally: hay market) Russia * Sennaya Square (''Hay Squ ...
, including parts of
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. The Government also increased maximum prison sentences and introduced new mandatory minimums for various drug-fuelled violent offences.


Exemptions


Within the CBD entertainment precinct

The regulations exempt venues within the defined CBD entertainment precinct that have
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installed. These venues may permit entrance to patrons on the condition that they do not serve alcohol past 1.30am and do not provide entertainment other than poker machines and background entertainment. Most licensed small bars (maximum 60 people), restaurants and tourist accommodation may stay open past 3am, although alcohol service is not permitted after this time.


Outside the CBD entertainment precinct

The entertainment precinct defined in regulations ends at
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and does not include
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Casino, which is one of Sydney's most violent licensed venues.


Impact


Effect on reducing offences

A report from the
NSW Bureau of Crime Statistics and Research The Bureau of Crime Statistics and Research (BOCSAR), also known as NSW Bureau of Crime Statistics and Research, is an agency of the Department of Communities and Justice responsible for research into crime and criminal justice and evaluation o ...
(BOCSAR) released in April 2015 showed a 26% reduction in assaults in the lockout area, and a 32% reduction in assaults in Kings Cross. In a March 2017 report, however, areas adjacent to the lockout precinct showed a 12% increase in assaults, with a 17% increase in "easy-to-reach" areas. Representatives from peak medical organisations such as the
Australian Medical Association The Australian Medical Association (AMA) is an Australian public company by guarantee formed as a professional association for Australian doctors and medical students. The association is not run by the Australian Government and does not regul ...
NSW and hospitals such as St Vincent's testified to the efficacy of the laws in reducing violence, trauma and injury, saying they made a difference: “We've gone from a time when people were dying, to a time when people are not dying.”


Effect on CBD business

Several venues in Kings Cross have closed since 2014, with several owners blaming the lockout laws for shutting down the late-night economy or a decrease in trade. Pedestrian traffic dropped by 40% in Kings Cross, falling from a Saturday peak of 5,590 per hour between 1am and 2am in 2010, to a Saturday peak of 3,888 between 12am and 1am in 2015. Industry groups have claimed an 80 per cent reduction of foot traffic in Kings Cross, while the Foundation for Alcohol Research and Education claimed the decline is closer to 19 per cent.


Controversy

Controversy over the lockout laws centred around finding a balance between encouraging "night life" with the associated sale of alcohol and preventing injury resulting from alcohol-related violence.


Support

Support for the laws came from medical personnel who "have to pick up the pieces". A Fairfax-commissioned ReachTEL poll of 1,600 voters taken in August 2016 found "broad support within the community for keeping a 1:30am lockout (70 per cent) and retaining the 3am 'last drinks' time (72 per cent)".James Robertson
"Majority of voters back broader lockout laws across NSW, poll shows"
The Sydney Morning Herald ''The Sydney Morning Herald'' (''SMH'') is a daily compact newspaper published in Sydney, New South Wales, Australia, and owned by Nine. Founded in 1831 as the ''Sydney Herald'', the ''Herald'' is the oldest continuously published newspaper ...
, 29 August 2016.
It further found that "three-quarters of young people support existing laws" and that a majority of NSW voters said the lockout laws should be extended across the state.


Opposition

Opposition to the laws came mainly from the hotel industry and business. When the law was first introduced, the NSW branch of the
Australian Hotels Association The Australian Hotels Association (AHA) is a federation of not-for-profit employer associations in the hotel and hospitality industry, registered under the Fair Work Act and respective State Laws. The AHA's role is to further and protect the inte ...
said that the law would negatively impact Sydney's nighttime economy. As at April 2016, they were advocating for the lockouts to be replaced with a 'no new patrons' policy, whereby patrons arriving after 3am would have to book ahead and alcohol service could continue after 1.30am. In September 2015, a 1000-member group named '
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' marched in protest of the lockout laws, claiming that the lockout had not solved the problem of alcohol-fuelled violence, instead pushing it into neighbouring suburbs, including Newtown. Other protests organised by ' Keep Sydney Open' such as one on 21 February 2016, attended by members of bands to protest the lockout laws, and another in October of the same year, called for the NSW Government to lift lockout laws. Organisers claimed that the laws alienated young people and destroyed the live music scene, while allowing
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casino to remain open. A ReachTel poll commissioned by ''The Sun-Herald'' in October 2018 found a decline in support for the laws. Citing a decline in patronage in parts of the city, Lord Mayor
Clover Moore Clover Margaret Moore (née Collins, born 22 October 1945) is an Australian politician. She has been the List of Mayors and Lord Mayors of Sydney, Lord Mayor of the City of Sydney since 2004 and is currently the longest serving Lord Mayor of Syd ...
supported reversing the lockouts.


Callinan and other reviews

An independent review of the lockout laws, conducted by Ian Callinan, was released in September 2016. The review considered the impact and effectiveness of the laws, but did not address some of the complaints the community had about the laws, including the impact on employment in the precincts. While largely backing the laws, the review recommended relaxing the 1.30am lockout to 2am for live entertainment venues. In December 2016, the NSW Government released its response to the review and said it would relax the lockout law for live music venues by a half-hour in a two-year trial. In line with the review, takeaway and home delivery alcohol sales will be extended from 10pm to 11pm across the State. In October 2018, Members of the NSW Government were reported to be considering relaxing the laws due to the negative impact on businesses and the reputation of Sydney on people seeking to holiday in the city. In September 2019, the Premier hoped to introduce legislation to change or scrap them and a Parliamentary committee recommended that the sale of takeaway alcohol be extended, although retained in Kings Cross because the area was "not yet sufficiently changed to warrant a complete reversal". While the point was made that the lockout laws hoped to pre-empt crimes by predicting them, others did not see any urgency in changing the laws, arguing instead for "gradual easing of restrictions and monitoring the changes at each stage".


See also

* Crime in New South Wales#Sydney *
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References

{{Reflist, 30em Alcohol law in Australia Culture of Sydney Kings Cross, New South Wales Drinking culture