Liquor and Gaming NSW > ILGA > Consultations > Review of Newcastle CBD licence conditions


Final decision on review of licence conditions of 14 Newcastle CBD venues

 
The Independent Liquor & Gaming Authority (the Authority) has published its final decision (PDF, 236KB) on the review of licence conditions for 14 hotel venues in the Newcastle CBD.

After the Authority’s initial response to the review was published and communicated to stakeholders in April 2018, licensees had, under law, a period of 21 days to respond.
 
Following this period the Authority considered any submissions from licensees, and has now agreed to implement the findings as originally stated with one additional variation to a condition, as follows:
  • #3 - Supervision of liquor service and consumption after 11 pm: Only if premises trade after 12:00 midnight will a licensee need to retain an employee, from 11:00pm until closure, whose sole function is to supervise responsible service of alcohol practices at the bar, and to observe the responsible consumption of alcohol throughout the premises.
This final decision follows the Authority’s consideration of the report prepared by Mr Jonathan Horton QC (the Horton Report), on his independent review of the conditions imposed on the liquor licences of the 14 hotels by the former Liquor Administration Board in 2008. 

The Authority also considered the submissions received by Mr Horton during the review, and the submissions from the affected licensees in response to the Authority’s proposed changes to the conditions.

Review outcome and final decision

The Authority is taking action, as outlined in its final decision (PDF, 236KB) under section 53(2)(b) of the Liquor Act 2007, to vary and revoke some of the conditions that were imposed on the 14 hotels in 2008. 

Key changes to conditions
  • revoke the condition in respect of shared radio network,
  • vary the conditions in respect of:
    • Plan of Management,
    • supervision of alcohol service and consumption after 11 pm,
    • drinks restrictions after 10 pm, and
    • notification of conditions to staff.
The Authority has also decided to make no changes to:
  • the existing lockout and closing hours,
  • the conditions in respect of:
    • the cessation of liquor supply 30 minutes before closing, and
    • the prohibition on the stockpiling of drinks.

The review

The review was conducted by Mr Horton and gave the local community, police, businesses and other stakeholders a chance to have their say.

The review followed a request to the Authority by the Australian Hotels Association NSW on behalf of the 14 venues to consider revoking or changing some of the conditions.
 
The Authority appointed Mr Horton to conduct a broad review and consult all relevant stakeholders in the Newcastle community. The terms of reference for the review and a background paper are available here:

Submissions received

Stakeholders were invited to lodge submissions to have their say on the issues being considered.

Mr Horton conducted a process of public consultation between November 2017 and February 2018. More than 90 written submissions were received from a variety of stakeholders including NSW Police, public health bodies, academics, licensed businesses, industry bodies, private individuals and special interest groups.

On 9 May 2018 the Authority published its preliminary view that it would be appropriate to vary or revoke some of the conditions, and the proposed changes.

The 14 hotels were provided with an opportunity to comment on the proposed changes, and submissions were received from 12 of the hotels.

Important links