Venues are no longer forced to push intoxicated patrons onto the street

Last week, the NSW Government announced significant changes to liquor laws aimed at reducing street violence and preventing assault. These changes form a key component of the Government’s third tranche of vibrancy reforms, set to be introduced to Parliament this week.

Although itis critical to actually receive and review the wording of the legislation the new tranche of legislation proposes a significant change to the Liquor Act relating to the treatment of patrons showing signs of intoxication.

Under the current laws, venues are required to immediately remove intoxicated patrons in order to maintain a safe and responsible service of alcohol. However, venues have reported this can have the unintended consequence of pushing vulnerable people onto the streets, increasing the risk of violence, sexual assault and getting hit by a vehicle.

Under the changes, venues can keep an intoxicated patron on the premises and actively monitor them while transport or medical assistance arrives, rather than requiring them to leave immediately.

The existing obligation on licensed venues is onerous and the proposed changes should allow staff including security to make informed decisions without the threat of spoiling the venue’s operation and its customers’ enjoyment by instigating a practical, safe and subtle protocol to protect its customers and clarify and comply with the venue’s legal obligations.

Accordingly, individual processes to support this proposed change will vary from venue to venue, but the harm minimisation measures will remain the same for all licensees. Licensees are now able to use their discretion to prioritise patron safety and wellbeing over the immediate removal of intoxicated patrons.

The Minister for Music and the Night-time Economy John Graham said in relation to the change:

“This is a practical step because often the most dangerous place an intoxicated person can be is out on the street late at night. Inside the venue is often much safer and this common-sense change will give operators the ability to look after them until transport or medical attention arrives.”

“There’s no vibrancy without safety. So as we increase vibrancy it’s imperative we also improve safety and this measure will protect people when they’re at their most vulnerable.”

“We’ve had venues pleading with us to change this law so they can keep their patrons safe. This will allow venues to establish their own measures to help intoxicated patrons get home or medical help.”

Other measures in the third tranche of vibrancy reforms include:

• Making extended trading hours incentives more accessible for regional venues.
• Streamlining the process for venues to have out dated licence conditions removed, so they can more easily program live music and entertainment.
• Encouraging the 'weekend away' and supporting tourism by allowing Special Event Extended Trading for up to 24 hours prior to an event.
• Diversifying night-time offerings by allowing venues that provide entertainment such as pool tables, juxeboxes and amusement machines to apply for an on-premises liquor licence.

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