NSW lockout laws: Trial to extend opening times for live music venues

THERE is no doubt the NSW government’s lockout laws have made Sydney a less violent city, Premier Mike Baird says.

• Last drinks for 1.30am lockout in move for 3am closing time
• Kings Cross ghost town: Businesses flee
• Our night-life isn’t dead — but we need a do over
• Keep Sydney Open: thousands protest against lockout laws

THERE is no doubt the NSW government’s lockout laws have made Sydney a less violent city, Premier Mike Baird says.

While the independent review into the legislation found the city’s nightlife vibrancy had suffered, Mr Baird said he was pleased it confirmed the measures had been successful in reducing alcohol-related violence in the CBD and Kings Cross.

“What was overcrowded and violent has become safe and secure and that’s an incredible moment,” he said today.

Five music venues would be allowed to remain open an extra half-hour until 3.30am and have their lockouts relaxed from 1.30am to 2am in a two-year trial expected in the New Year.

Former High Court judge Ian Callinan, who makes the recommendations in his long-awaited ­review on the Baird government’s lockout laws, also puts forward the case that closing time for over-the-counter alcohol sales be ­relaxed from 10pm to 11pm and home delivery of ­alcohol be extended from 10pm to midnight.

The report also recommends no change be made to the lockout precinct boundaries in the CBD and Kings Cross where the laws take effect.

Kings Cross was once filled with people, now it is quiet with businesses forced to close down. Picture: Gordon McComiskie

The Baird government last night released the two-year review of the lockout laws ahead of a government decision on their future.

The laws were introduced by former premier Barry O’Farrell in early 2014 after a spate of alcohol-­fuelled assaults, including the killing of Thomas Kelly, but were subject to this two-year ­review. The laws currently restrict pubs and clubs within the precinct in the city and the Cross from allowing any patrons to enter premises after 1.30am and sets closing time at 3am.

The laws also imposed a statewide ban on takeaway alcohol sales from 10pm.

Since then, Mr Callinan said, there had been a 20 per cent decrease in pedestrian traffic in the areas the lockout affects.

Ian Callinan conducted a review into the NSW lockout laws.

It is expected that a government response will be taken to cabinet within four weeks with legislation to go through the parliament in October or November, with new conditions to be implemented in the new year.

Mr Callinan made clear that while lockout laws had worked in cutting assault rates, there was room to ­manoeuvre on making Sydney more “vibrant”.

“Staged relaxation of ­aspects of the amendments could be considered,” he wrote. “For a trial period of two years, genuine entertainment venues in the precincts might be permitted to open ... until 2am, and to serve alcohol in those parts until 3.30am, so long as live entertainment is being generally continuously offered.

“A relaxation of the amendments to this effect may go some way to an orderly restoration of vibrancy and employment opportunities in the precincts.”

Live music venues may get their opening hours extended as part of a trial.

Nationals MPs have pushed for later takeaway alcohol sales and Deputy Premier Troy Grant made it clear last night he would push for those to be allowed until midnight, when Mr Callinan proposes home delivery of alcohol finishes.

“The sale of takeaway ­alcohol, whether before or after 10pm, makes little or no contribution to violence and anti-social behaviour in the precincts, even less so when it is home delivered,” Mr Callinan said. “The hours of sale of takeaway ­alcohol at licensed premises could be extended to 11pm and of home delivered ­liquor to midnight.

“On all of the evidence that I have reviewed ... I have formed the view that the two precincts (Kings Cross and the city) were grossly overcrowded, violent, noisy and in some places, dirty before the amendments but that after them they were transformed into much safer, quieter and cleaner areas.”

Mr Callinan said that of 1850 or so written submissions, about 1116 “favoured repeal of the amendments wholly or in part and about 590 favoured retention”.

A CALL FOR THINKING IN MODERATION

Comment Andrew Clennell

TWO months ago Mike Baird had a report on greyhounds with drastic recommendations he felt he needed to implement before releasing it to the public.

Yesterday the Premier received a more moderate report he felt he needed to release before acting, after what happened the first time.

Ironically, this is the time that he should implement the recommendations in full, as opposed to the last.

After realising enough time has passed for lockout laws to be loosened, while still acknowledging that they have worked in cutting violence, Ian Callinan has produced a sensible report.

Mr Callinan said he did not buy the argument Sydney had been ruined by the changes, but believed that something could still be done to restore the city’s vibrancy.

Premier Baird caused much controversy when in a Facebook post in February, before the review even started, he said: “As I’ve said before, it is going to take a lot for me to change my mind on a policy that is so clearly improving this city.”

Government insiders now concede that post was a mistake.

Last night, Mr Callinan found him a way out of that political mess.

But there is still a battle to be had with the Nationals, as was the case with greyhounds. Deputy Premier Troy Grant said: “I’m pleased to see my calls for country 10pm alcohol takeaway restrictions to be examined are addressed in Mr Callinan’s review.

“I do wonder why areas that don’t have online alcohol home delivery in the bush couldn’t buy over the counter in the local pub until midnight instead.’’

RESTRICTIONS KNOCKED THE VIBE OUT OF NIGHTLIFE

Nick Hansen

A LICENSEE at one of Kings Cross’s most infamous venues says the proposed lockout law changes would do little to offset the damage already done.

However, St Vincent’s Hospital, which bears the brunt of the CBD’s night-time violence, has taken a different tack and called for the restrictions to ­remain in their entirety.

Show Girls licensee Hannah Extance said the business had lost 70 per cent of its trade in the first year of the laws and that extending drinking times by 30 minutes would do little to reverse the damage. “Even if you got rid of the lockout altogether it would take years to come back,” Ms Extance said.

Licensee of Show Girls in Kings Cross Hannah Extancs / Picture: Adam Taylor

“We had the best vibe here before the lockouts, you’d walk down the street and everyone was in party mode.”

She said the government was hellbent on destroying the Cross’s nightlife and would not adopt the recommendations.

“The police, the hospital, they like it the way it is now,” Ms Extance said.

It was a sentiment echoed by a St Vincent’s Hospital spokesman, who cited evidence linking extended alcohol trading hours to increased alcohol-related problems: “We believe the 3am last drinks should ­remain in place.”

Enjoying a game of pool and a schooner at a Darlinghurst venue, Anton Kalsbeek and Willemien van den Bos said relaxing the laws would encourage venues to invest in live music.

BOOZE, BRAWLS AND THE BANS

July 2012: Thomas Kelly, 18, dies after an unprovoked one-punch attack on a night out in Kings Cross.

December 2013: Michael McEwen, 23, is another victim of an unprovoked alcohol-fuelled attack. He survives.

November 2013: Former Opposition leader John Robertson commits to lockout laws being introduced on an 18-month trial basis to cut down on violence

December 2013: A coalition of emergency service workers and doctors call on the government to introduce lockout laws to curb drunken violence.

January 2014: Daniel Christie, another 18-year-old, dies after being struck in yet another unprovoked attack while out on New Year’s Eve.

Thomas Kelly.

Daniel Christie.

January 2014: A Daily Telegraph poll of more than 2100 people shows 86 per
cent want lockouts introduced by the state government to combat alcohol-fuelled violence.

January 20, 2014: In response to huge public pressure on alcohol-fuelled violence, then-premier Barry O’Farrell introduces mandatory eight-year sentences for “coward punch” offences.

January 21, 2014: Mr O’Farrell announces lockout laws, barring entry after 1.30am and forcing pubs to close at 3am. Trading hours on bottle shops sales are also curtailed to no later than 10pm.

April 16, 2015: The Bureau of Crime Statistics and Research releases data showing a “spectacular” 32 per cent drop in assaults since the introduction of the laws.

February 2016: Deputy Premier Troy Grant announces former High Court judge Ian Callinan will conduct a review into the lockout laws.

February 2016: Up to 10,000 people protest against the laws.

August 2016: Supreme Court decides certain CBD venues including strip clubs are exempt from the laws, because the government had over-reached in cancelling exemptions.

September 2016: Government releases Callinan review.

Kings Cross is far quieter since the lockout laws were introduced / Picture: Gordon McComiskie