Al fresco venues set for capacity boost under new reforms

For 7th Day Brewery at Brookvale, on Sydney’s northern beaches, opening on Anzac Day is a big call.

Not because the patrons aren’t there, but because the venue’s capacity under its liquor licence is limited to 100 people. The cap feels “insane” to general manager Joel Ridzuan, who believes it could host three times that number, which would justify opening when staff need to be paid penalty rates.

7th Day Brewery’s general manager, Joel Ridzuan, at the Brookvale establishment on Saturday.Credit: Dion Georgopoulos

The pub around the corner regularly has about 2000 people on the public holiday despite hardly being twice the size, a reflection of Sydney’s two-tiered rules for old and new licensed premises. Older pubs retain licences with virtually no capacity restrictions beyond providing additional toilet facilities.

In contrast, newer establishments must adhere to their original capacity restrictions when expanding outdoors.

With only 70 people allowed inside and 30 outside, Ridzuan reckons his seven-year-old microbrewery can look “noticeably quiet” on a Friday or Saturday night, even when ostensibly full.

It’s an illogical disparity undermining smaller hospitality businesses that NSW Night-time Economy Minister John Graham hopes to solve by boosting the capacity of venues with outdoor dining so al fresco space doesn’t compromise the atmosphere inside.

Increasing venue capacity entails an expensive and lengthy development application process, requiring sign-off from the council and local community.

If 7th Day were allowed 300 patrons, Ridzuan would feel comfortable spending $2000 booking full bands on a Saturday night, rather than just a duo.

Under existing capacity restrictions, he is turning away hordes of Manly Sea Eagles supporters spilling out of Brookvale Oval during the NRL season. Earlier reforms allowing businesses to use carparks or beer gardens for events were not viable without a commensurate increase in capacity, Ridzuan said.

Graham said raising the capacity of venues with outdoor dining was another example of the government’s “commonsense approach” to the nighttime economy, with planning reforms designed to support rather than stifle community and culture.

The change is one of several announced by Graham on Sunday.

Cafes, bookstores and restaurants will be allowed to host viewings of events such as the Olympics, football and rugby world cups, as the government looks to extend trading hours for unlicensed venues.

Previously, extended hours applied only to larger, licensed venues. The government hopes the change will encourage businesses not selling alcohol to hold late-night events.

Moreover, Graham will push to extend provisions allowing “low impact” live music or arts at indoor venues to outdoor spaces, such as beer gardens or bowling greens. Under existing laws, venues must submit a council application.

Significant sites including the Sydney Opera House and Centennial Parklands will also be handed streamlined approval pathways for major events, making it easier to erect larger stages and temporary structures.

The changes are in consultation until December 13, before a new Cultural State Environmental Planning Policy is released. Any reforms will not be introduced to parliament until early 2025.

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