The NSW Government has identified two designated areas in Sydney that experience high levels of alcohol-related violence. The areas are known as prescribed precincts, and licensed premises within the precinct boundaries have special conditions applied to their licence.
There are approximately 100 venues with special conditions in the Kings Cross precinct, and more than 1,300 in the Sydney CBD entertainment precinct.
Some special conditions apply to higher risk licence types only, whereas others apply to all venues in the precincts.
Part 7 of the Liquor Regulation 2018 (Division 1) sets out most of the special licence conditions and the types of licensed venues they apply to.
Common special conditions which apply to both precincts include:
Read about the additional special conditions that apply to Kings Cross precinct.
Read about the additional special conditions that apply to Sydney CBD precinct.
Immediately after becoming aware that a violent incident has occurred causing injury on the licensed premises, the licensee must ensure that:
A licensee must not permit any person, who is wearing or carrying any clothing, jewellery or accessories that indicate they are a member of an outlaw motorcycle organisation, to enter or remain in their venue.
Licensees should look out for:
Brothers for Life
Life and Death
No Surrender and Outlaws
The licensee must not promote or publicise:
This includes promotion by way of drink cards, flyers, vouchers, social media, website, print media or spruiking.
During the late trading period all venues, except small bars, must not serve:
The above does not prevent the sale or supply of cocktails, if the cocktail:
Between midnight and 3.30am, cocktails must not be discounted below the amount specified on the cocktail list.
The following drink quantity restrictions apply after midnight until closing or 7.00am (whichever is earlier):
Most venues in the precincts are not allowed to admit patrons after 1.30am each day of the week, until 5.00am or the authorised opening time, whichever is later.
Patrons on the premises before 1.30am may remain on the premises until close of business, or leave at any time, but they cannot leave and re-enter after 1.30am.
Small bar licensees are able to trade until 2.00am if their development consent allows.
These venues must also cease liquor sale or supply at 3.00am. If a venue is authorised to trade past 3am, the venue may remain open for other purposes, but must not sell or supply liquor. Known as ‘last drinks’, this measure means alcoholic drinks must not be served after 3.00am.
Eligible licensees must maintain a ‘round the clock’ incident register.
Eligible licensees include:
‘Round the clock’ registers do not need to be maintained by packaged liquor licensees or by most on-premises licensees – including restaurants, cafes, accommodation premises, cinemas and theatres – unless they hold a primary service authorisation.
A temporary banning order can be issued by police on-the-spot and bans a person from entering a licensed premises for a period of up to 48 hours.
A police officer, of or above the rank of sergeant, can issue a temporary banning order where a person:
Police must be satisfied that the adverse conduct of the person is likely to continue and cause a public nuisance or risk to public safety.
Maximum penalties of $5,500, or an on-the-spot fine of $550, apply where a person who is subject to a temporary banning order enters or attempts to enter or remain on the licensed premises during the banning period.
The Independent Liquor & Gaming Authority Board (ILGA) at the request of the Commissioner of Police, can issue a long-term banning order for up to 12 months.
This happens when ILGA is satisfied that a person:
A person subject to an application for a long-term banning order must be given notification of the application and be provided with a reasonable opportunity to make submissions to ILGA in relation to the application. The person may apply to the NSW Civil & Administrative Tribunal (NCAT) for a review of ILGA’s decision.
Long term banning orders only prevent entry to high risk venues. Maximum penalties of $11,000 or an on- the-spot fine of $2,200 apply where a person, who is subject to a long-term banning order, enters or attempts to enter or remain on any high risk venue during the banning period.
From January 2017, live entertainment venues in Kings Cross and the Sydney CBD entertainment precincts can apply for later 2.00am lockout and/or 3.30am last drinks times.
As part of the application process, venues must show they genuinely have a market orientation towards live performances, the arts and cultural events and endeavours.
Venues with an approved extension can admit patrons until 2.00am and/or serve alcohol until 3.30am where they provide live entertainment after midnight.
Live entertainment includes:
A non-refundable fee of $250 applies to all applications. Apply now: Live entertainment exemption application form (PDF 967.8 KB).
Venues that primarily provide adult entertainment or operate solely as nightclubs are not eligible to apply for the extension.
A licensee can apply for an exemption from certain special conditions, such as, prohibiting the use of glass after midnight, restricting the sale of certain drink types, CCTV requirements (for venues which are a licensed restaurant) and ID scanning requirements (in limited circumstances).
The Secretary of NSW Department of Customer Service will only consider an application where:
Fee: A non-refundable fee of $500 applies to all applications.
A penalty notice can be issued for a breach of a liquor licence condition. The maximum court imposed penalty is $11,000, or imprisonment for 12 months, or both.
Breaches relating to lockout and last drinks conditions can also be offences that can incur a strike under the Three Strikes Disciplinary Scheme.