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Licensed premises within two areas of Sydney are subject to special licence conditions, including:

  • the Sydney CBD Entertainment precinct
  • the Kings Cross precinct

The special conditions help to maintain public safety and manage risks associated with high concentrations of licensed premises and late-night trading in both locations.

Special licence conditions

Some special conditions apply only to high risk licence types in the precincts, 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.

Certain venues in the precincts must not sell or supply alcohol between 3.30am and the commencement of the standard trading period.

Known as 'last drinks', this measure means alcoholic drinks must not be served after 3.30am. This conditions applies to licensed premises that are listed in Schedule 3 of the Liquor Regulation 2018 and relate to one of the following licence categories:

  • a hotel or premises to which a general bar licence relates (other than a tourist accommodation establishment),
  • club premises (other than a tourist accommodation establishment),
  • a licensed public entertainment venue (other than a cinema or a theatre) or licensed karaoke bar,
  • so much of a high risk venue as is declared by the Secretary by order in writing to be subject premises for the purposes of this clause.

These venues can remain open for other purposes past this time where authorised but must not sell or supply liquor.

Live music and performance venues have a later 'last drinks' time. Live music and performance venues, on nights they hold or provide a live music performance or other arts and cultural event after 8pm, can trade beyond the liquor cessation period under the extended trading incentive.

To make use of the reduced cessation period, live music and performance venues must meet certain criteria and be specified on a list of eligible live music and performance venues.

More information, including the venue list, is available from the Live Music and Entertainment page.

Most venues must maintain a ‘round the clock’ incident register.

‘Round the clock’ registers are not required for packaged liquor outlets, or for on-premises venues like standard restaurants and cafés, accommodation premises, cinemas and theatres (unless they hold a primary service authorisation).

Licensees 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.

The following drink quantity restrictions apply after midnight for all venues that sell liquor for consumption on the premises, except small bars:

  • 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 a venue is subject to the last drinks condition, then no alcohol may be sold or supplied from the applicable last drinks time.

Immediately after becoming aware that a violent incident has occurred causing injury on the licensed premises, licensees 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
  • 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.

Licensees 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:
    • Bandidos
    • Black Uhlans
    • Brothers for Life
    • Commancheros
    • Finks
    • Fourth Reich
    • Gladiators
    • Gypsy Joker
    • Hells Angels
    • Highway 61
    • Iron Horsemen
    • Life and Death
    • Lone Wolf
    • Mobshitters
    • Mongols
    • Mongrel Mob
    • No Surrender
    • Outlaws
    • Nomads
    • Odin’s Warriors
    • Outcasts
    • Phoenix
    • Rebels
    • Rock Machine
    • Satudarah or
  • 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.

Anyone approaching a venue in the Sydney CBD precinct must not be allowed entry if they are seen drinking or with open alcohol containers in an alcohol-free zone or an alcohol prohibited area.

These zones and areas are specified under the Local Government Act 1993.

For the most up to date information, visit City of Sydney website

Licensed vessels aren’t permitted to drop off or pick up people from the Sydney CBD Entertainment precinct between midnight and 7am.

This condition doesn’t apply between midnight and 3am on 1 January.

Licensed venues may be subject to additional controls where there is a history of violence, or violent incident/s resulting in a serious injury.

Examples of the types of conditions that can be imposed on a case-by-case basis include:

  • Responsible Service of Alcohol (RSA) marshals – at least one clearly-identified RSA marshal must be on duty during the supervised trading period from midnight – 3.30am every Friday and Saturday night and the night before and of public holidays. Their role is to make sure venues comply with RSA obligations.
  • No glass – no drinks, alcoholic or otherwise, to be sold or supplied on the premises in glassware after midnight until closing between midnight and 7am. ‘Glass’ includes any drinking container, such as a bottle or jug, made of glass. During these periods, all glass must be removed from patrons and public areas.

Licensees will be advised separately in writing if required to comply with these conditions.

Exemptions to special conditions

A licensee can apply for an exemption from certain special conditions.

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:

Exemptions currently in effect

Premises

Provision to which the exemption applies

Date granted

Alternate measures imposed

Jimmy Lik's (now called YAKITORI CHACOBAR) – LIQO600462847

Kings Cross Precinct

53F (Certain drinks and other types of liquor sales prohibited during general late trading period)

11 Feb 2013

N/A

Ms G's – LIQO624001880

Kings Cross Precinct

53F (Certain drinks and other types of liquor sales prohibited during general late trading period)

26 Mar 2013

N/A

Bootleg Bar & Italian Food (now called Jangling Jack’s Bar & Grill) – LIQO660010177

Kings Cross Precinct

Clause 53F of the Liquor Regulation 2008 (Certain drinks and other types of liquor sales prohibited during general late trading period)

9 Apr 2013

N/A

The Bourbon – LIQH400110111

Kings Cross Precinct

53F (Certain drinks and other types of liquor sales prohibited during general late trading period) of the Liquor Regulation 2008

31 May 2013

N/A

Silly Tart Kitchen (Syd) Pty Ltd (formerly called Villa, Kings Cross) – LIQO600461913

Kinds Cross Precinct

53F (Certain drinks and other types of liquor sales prohibited during general late trading period)

15 July 2013

N/A

Non-compliance with special conditions

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.

Demerit points can be imposed on licensees and managers for breaches of the last drinks condition, and additional annual licence fees can apply as part of compliance loadings.

Patron Requirements in the Precincts

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.

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
  • 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.