Prescribed precincts

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:

• crime scene preservation and notification of violent incidents to police (all venues)
• exclusion of persons wearing outlaw motorcycle gang colours or insignia (all venues)
• a ban on high-risk drink promotions (all venues)
• per-person drink sale limits during late trading (all venues except small bars)
• ‘round-the-clock’ incident registers (higher risk only)
• requirements on customers not to enter or attempt to enter certain premises where subject to temporary or long-term banning orders
• last drinks requirements (higher risk only) (see additional special conditions pages below for last drinks times and tailored exemptions for live music venues in the Kings Cross precinct)

Read about the additional special conditions that apply to the Sydney CBD and Kings Cross precinct

Crime scene preservation and notification of violent incidents to police

Immediately after becoming aware that a violent incident has occurred causing injury on the licensed premises, the licensee must ensure that:

• all reasonable steps are taken to preserve the scene and retain any implement that was used in accordance with guidelines issued by the NSW Police Force relating to the preservation of crime scenes PDF, 209.55 KB
• the relevant Police Area Commander or Police District Commander is advised of the incident by a member of the licensee’s staff (which includes a crowd controller or bouncer)
• any directions given by the Commander to the licensee or staff to preserve the area where the incident occurred are complied with.

Motorcycle organisations

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:

• the name of any of the following organisations:

• the colours, club patch, insignia or logo of any of these organisations, or
• the 1% or 1%er symbol, or
• any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, any of these organisations.

A ban on high-risk drink promotions

The licensee must not promote or publicise:

• any free or discounted drinks  – including a shot, shooter or bomb, that are designed to be consumed rapidly on the licensed premises
• any inducement – such as a prize or free give away, to purchase any drink designed to be consumed rapidly on the licensed premises.

This includes promotion by way of drink cards, flyers, vouchers, social media, website, print media or spruiking.

Per-person drink sale limits during late trading (all venues except small bars)

The following drink quantity restrictions apply after midnight until closing or 7.00am (whichever is earlier):

• between midnight and 2am: no more than four alcoholic drinks, or one bottle of wine, can be sold or supplied to the same person at a time
• between 2am and 7am: no more than two alcoholic drinks can be sold or supplied to the same person at a time
• if the venue is subject to the last drinks condition, then no alcohol may be sold or supplied from the applicable last drinks time.

Incident registers

Eligible licensees must maintain a ‘round the clock’ incident register.

Eligible licensees include:

• Nightclubs
• Licensed public entertainment venues
• Licensed karaoke bars
• Hotels
• Clubs
• Small bars
• Producer / wholesalers
• Facilities that are regularly used for adult relaxation entertainment.

‘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.

Temporary banning order

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:

• refuses or fails to comply with a ‘move-on’ direction to leave a licensed premises or public place in the vicinity of a licensed premises
• fails to leave a licensed premises after being required to do so because they are intoxicated, violent, quarrelsome or disorderly i.e. ‘fails to quit’
• contravenes certain provisions relating to the non-voluntary exclusion of persons from licensed premises.

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.

Long-term banning orders

The Independent Liquor & Gaming Authority (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:

• has been charged with, or found guilty of, a serious criminal offence involving alcohol-related violence – whether or not the offence was committed in the Kings Cross precinct
• has been issued with three temporary banning orders in the previous 12 months.

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.

A licensee can apply for an exemption from certain special conditions, such as, prohibiting the use of glass after midnight and restricting the sale of certain drink types.

The Secretary of NSW Department of Enterprise, Investment and Trade will only consider an application where:

• the exemption is unlikely to result in an increase in alcohol-related violence, anti-social behaviour or other alcohol-related harm in the prescribed precinct in which the licensed premises is located, and
• other measures are in place that will be effective in reducing the risk of alcohol-related violence or anti-social behaviour in and around the premises.

Fee: A non-refundable fee of $500 applies to all applications.

Apply now:

• Exemption from a precinct-related special licence condition PDF, 775.93 KB

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.