Blow for Sydney lock-out laws after Supreme Court decision

Sydney’s lock-out laws were dealt a major blow after a court decided that music venues and strip clubs are exempt. The NSW Government has immediately appealed, reported the Sydney Daily Telegraph, which broke the story.

The decision came as a result of a legal challenge by the Smoking Panda Bar at the Coronation Hotel in the CBD. The Supreme Court ruled last Thursday that the Secretary of the Justice Department did not have the right to “declare” a city venue subject to the laws.

The decision has implications for 15 city venues. But only eight are directly affected as they are allowed to trade after 3am.

A spokesperson for the Liquor and Gaming NSW explained: “The decision was based on a technical legal argument in relation to the power of the Secretary of the Department of Justice to declare a venue to be subject to the lockout and 3am cease service laws.”

He emphasised: “The lockout laws continue to apply to the vast majority of pubs, nightclubs and other high-risk venues in the CBD and Kings Cross.”

Compliance officers continued operations over the weekend to ensure venues did not ignore the 1.30am lockout and 3am cease-service laws introduced in 2014 to curb alcohol-related violence.

The Smoking Panda was initially exempt from the lock-outs because it was in a “tourism accommodation establishment” area. However when liquor authorities found that non-staying guests were also drinking at the bar until 1.30am, the exemption was cancelled. In her judgment, Justice Natalie Adams said that Liquor and Gaming NSW had not defined the “tourism accommodation establishment” exemption properly and had not explained in writing to the Smoking Panda it could only serve its guests.

On Facebook the Smoking Panda Bar said it had resumed trading until 5am from Wednesdays to Saturdays, and Tuesdays until midnight.

It’s not known where the NSW Government will go from here. Last Tuesday it held a roundtable with stakeholders, including venue operators. But some who attended reported that nothing new had been addressed. However what was announced though, was that the arrival of the Ian Callinan report on the lockout laws this week would not make any changes in the short term. The Government will make the report public but it will not be accompanied by its own response.

However, the Government might be emboldened by a Fairfax poll, conducted last Thursday by ReachTEL of 1,600 voters and published yesterday. It found that 70% supported keeping a 1.30 am lockout and 72% were for retaining the 3 am “last drinks”. The figure was higher in the 18—34 age group, with nearly 75% and 78% for each category respectively. Interestingly, the support was about 62% in the 35—50 group but rose to over 70% in the 51—65 and over 65. More females than males were in favour in all-groups.

Nearly 60% of voters wanted lockouts extended to the rest of NSW, a move agreed by 54% of the 18-34 demo. Support for this grew increasingly with the 35—50, 51—65 and over 65 groups. Again females were more likely to a state-wide law than males.