Lockout laws: Police push to punt troublemakers from Sydney CBD
Police are pushing the NSW Government for greater power to kick troublemakers out of Sydney and Kings Cross once the lockout laws are wound back. Under the proposed plan, officers can ban patrons from venues and off the streets for 48 hours.
NSW
Don't miss out on the headlines from NSW. Followed categories will be added to My News.
- Gangland figures speak out 15 years after ‘turf war’
- Pictures show how close shootout cops came to death
Police want the power to not only ban troublemakers from pubs and clubs in Sydney’s CBD and Kings Cross but to order them off the area’s streets for 48 hours.
In a draft submission to Cabinet, NSW Police is seeking the “move out” powers to bolster the existing temporary banning orders, which can only be enforced on licensed premises in Kings Cross and the CBD.
Mirroring police powers in Queensland, the proposal would see people subject to these orders not only banned from the venues for 48 hours but also public places in the areas for the same period.
The police submission comes as the government tries to strike the right balance between winding back the city’s controversial lockout laws and preventing the violence that sparked them in the first place.
A government source said history showed violence in the days before lockout laws largely occurred in public places outside pubs and clubs.
“The behaviour occurs on the street, you have intoxicated people being assaulted and assaulting on the street,” the source said.
“The temporary (venue) bans don’t stop that.”
The unprovoked and fatal one-punch attacks on Thomas Kelly in 2012 and Daniel Christie in 2013, which drove the creation of lockout laws, both happened on Kings Cross streets.
MORE FROM AVA BENNY-MORRISON:
Tinder date fraud: ‘This was a completely different person’
Why men think a swipe right is consent for sex
But the idea — which will be discussed by cabinet next month — will struggle to get Premier Gladys Berejiklian’s support. The Premier announced in September the lifting of 1.30am lockouts in the CBD but is understood not to have stronger banning powers on her agenda.
A spokesman for the Premier said: “Community safety will always be a major focus for the government, but we certainly need a balanced approach. The government is reviewing the report and considering its recommendations.”
Police Minister David Elliott is understood to be open-minded on the idea.
Any change would attract fierce criticism from civil libertarians and be difficult to enforce because the CBD, unlike Kings Cross, does not have a mandatory ID scanner system for entry to pubs and clubs.
That would mean police would need to individually check a person’s name against a database for an outstanding “move out” order.
Council for Civil Liberties treasurer Stephen Blanks said stopping people going out at night was not an appropriate way to ensure public safety.
“It is completely unacceptable to give police the power to prohibit people going to a public place just because the police think they have caused trouble somewhere or that they might in the future,” he said.
“The very definition of a police state is giving the police control over what people can do.”
In Queensland, officers can impose police-issued bans of up to 10 days to keep a person away from a particular venue or “public place” in night hot spots like Surfers Paradise.
However, it doesn’t exclude a person going home, to work or to study in the same area.
Presently, NSW Police officers have the power to issue “move on” directions to people they believe are harassing someone, obstructing traffic, dealing drugs or causing fear.
If someone in Kings Cross or the CBD ignores that move on direction, police can then issue a temporary banning order from all licensed venues.
According to the Liquor Act, an order can also be made if a drunk or violent person refuses to leave a bar or pub when told to.
Since the bans were introduced in 2014, more than 700 people have been slapped with one in Kings Cross and another 2000 people in the CBD.
Originally published as Lockout laws: Police push to punt troublemakers from Sydney CBD