Last updated 1 June 2022
A range of changes to NSW liquor laws to support nightlife and encourage a vibrant and safe 24-hour economy were introduced from 11 December 2020 and continue in 2021.
These changes encourage live music and entertainment, arts and cultural events, support small bars and make licensee obligations clearer.
These liquor law changes aim to support and invigorate the 24-hour economy. They form a key part of the NSW Government’s response to the Joint Select Committee on Sydney’s night-time economy.
The reforms work in tandem with the Government’s 24-hour Economy Strategy, which supports a broader diversification of Greater Sydney’s 24-hour economy.
The following information highlights the key changes and when they start. You can read it all or click on the ones that interest you.
You can also contact Liquor & Gaming NSW if you would like more information about the changes.
Changes are being made to support removal of a range of historically imposed conditions that unnecessarily limit live music and entertainment on licensed premises – including conditions on liquor licences and development consents.
Outdated conditions on liquor licences no longer have effect - includes conditions that:
These types of outdated conditions were applied over many years. There are now more contemporary approaches to regulating live entertainment noise without placing unnecessary restrictions on live music and performance.
Licence documents will be updated to reflect that the above conditions no longer have effect from 11 December 2020. No action is required on behalf of licensees.
While the removal of these conditions supports more live music and entertainment at venues across NSW, licensees should be mindful of any potential amenity impacts of changing the way they run. If there are undue impacts on the neighbourhood, or a venue stops operating in line with its licence type, the local community can raise concerns with Liquor & Gaming NSW if the matter can’t be resolved directly with the venue.
See the Live Music and Entertainment webpage for more information about this change.
If any of the above outdated conditions appear on a venue’s development consent, the venue must continue to comply with the consent conditions unless they are removed or varied by the relevant local council.
Venues can apply to councils to seek to have these types of conditions removed or varied.
As part of changes to planning laws, councils are also being given more powers to remove these types of conditions through a simpler and faster process. It is up to councils to decide whether they use this process.
If venues have other licence conditions that unnecessarily restrict live music, licensees can apply for free to have the conditions reviewed, allowing their current circumstances to be considered.
Licensees are eligible for free review of conditions that:
Review of these types of conditions involves public consultation, ensuring the local community can have a say before any changes are made.
The free review does not extend to conditions that have been imposed to place limits on noise levels – such as LA10 noise conditions.
More information about this change is available on the Live Music and Entertainment webpage.
New incentives have been rolled out to encourage and support venues to put on more live music performances and other arts and cultural events. Please see Incentives for live music and performance venues webpage for more information about these changes.
Small bars now have more options to offer more diverse and family-orientated services for customers, as part of measures to support small business and encourage use of the lower-risk small bar licence.
Small bars that regularly provide meals between their opening time and 10pm have the option to allow minors during these times, in the company of a responsible adult.
Small bars can do this if they are offering genuine meals at dining tables – they cannot only provide bar snacks.
This means minors will be able to dine in during the day and earlier hours of the evening with a parent or guardian, spouse or de facto partner, or an adult who is standing in as a parent.
If a small bar is eligible and decides to take up this option, they simply need to change their signage to reflect the times when minors are permitted in the venue with a responsible adult.
To download or order the signage, or for more information, please visit the Small Bars licensing webpage.
Small bars can also apply for a new authorisation to allow minors in a range of different circumstances and times up until midnight.
This will support small bars to diversify offerings beyond just bar services and provide services that are suitable for minors – for example:
Small bars that regularly provide meals can also apply for this authorisation if they want to allow minors past 10pm, or unaccompanied by a responsible adult.
Applicants for this new authorisation should show how their business model includes suitable offerings for all ages and how any risks to minors would be mitigated.
If granted the authorisation, appropriate signage must be displayed on the premises, including the times and circumstances where minors are permitted.
To apply for this authorisation, or for more information, please visit the Small Bars licensing webpage.
Small bars can now sell cocktails mixed on the licensed premises for consumption away from the premises on an ongoing basis, provided they are in sealed containers.
This means small bars can offer cocktails to be delivered off-site or taken to be enjoyed at home.
Small bars have been allowed to sell take-away house-made cocktails during the COVID-19 pandemic. Making this arrangement permanent supports small business and means there are more options for customers.
For more information, please visit the Small Bars licensing webpage.
Small bars can stay open and sell alcohol for consumption on the premises between noon and 10pm on restricted trading days, including Christmas Day and Good Friday.
This means they can serve customers during the day at the same time as a range of other premises such as hotels, restaurants and public entertainment venues.
Take-away house-made cocktails are not permitted on restricted trading days.
It is an offence under the Liquor Act 2007 for a licensee to permit intoxication on licensed premises. Certain defences are available where licensees prove they have taken steps to effectively deal with an intoxicated patron.
Changes to these defence provisions are being made to better clarify the steps to be taken for licensed vessels.
If a person is intoxicated on a licensed vessel, the licensee is taken to have permitted intoxication unless they can prove that:
Existing liquor laws allow the Independent Liquor & Gaming Authority (the Authority) to approve a licensee to have minors in:
This allows the Authority to consider approving minors for purposes, or in circumstances, it considers appropriate – for example, so a licensee at a family-run hotel can employ a minor to serve meals and clear plates in the bar and dining areas.
Where this approval is given to a licensee, changes have been made to clarify that the minor does not commit an offence under the liquor laws if they enter or remain in these areas.
More information on the form AM0190 Approval for under 18s to access licensed premises application forms - AM0190 PDF, 236.88 KB.
Changes have been made to better clarify that hotels, small bars, on-premises restaurants and public entertainment venues can book out their premises for private functions like weddings and birthday parties.
These businesses can choose to close their doors to the broader general public if they are fully booked out for these types of functions.
However, it continues to be the case that these businesses must typically not close to the general public for use as a ‘members-only’ premises, or for other exclusive use on a regular basis. Some limited exceptions apply under the liquor regulations.
Changes have been made to the Liquor Act to reflect trading hour arrangements for small bars and take-away liquor sales that have previously been in place under the liquor regulations.
These have no practical impact on existing venues, who will be able to trade as usual.
Licence documents are being reviewed to ensure they accurately reflect existing authorised trading hours for small bars and businesses selling take-away alcohol. No action is required on behalf of licensees.
Under the liquor regulations, existing businesses that were able to sell take-away liquor until 11pm on Sundays before 11 December 2020 are automatically approved with extended Sunday trading until that same time as part of transitional arrangements.
From 11 December 2020, new businesses will need to apply for an extended trading authorisation to sell take-away alcohol between 10pm and 11pm on Sundays. This reflects that the standard trading period for Sunday typically ends at 10pm for most venues.
These changes aim to make it easier for licensees to understand their trading hours.
Liquor & Gaming NSW will be able to use controlled purchasing operations as part of its compliance activities to investigate whether same day alcohol delivery providers, and their employees or agents, are breaching laws that aim to prevent alcohol from being sold or supplied to minors.
This means that minors can be appointed, under the supervision of an adult compliance inspector, to purchase or attempt to purchase alcohol that has been advertised for same day delivery without incurring liability under the Liquor Act 2007 or any other act or law.
If a minor’s purchase is successful, a provider, employee or agent can be liable for breaches of the law.
Ensuring that same day deliveries are not made to minors is essential to prevent harm to minors and make sure alcohol is being sold and supplied in line with community expectations.
Three existing sanctions schemes under the Liquor Act 2007 (Three Strikes, Violent Venues and Minors Sanctions) have been consolidated into one integrated system to incentivise well run venues, minimise violence and reduce serious liquor law breaches.
Under the new system, demerit points are incurred automatically for the most serious liquor law breaches such as permitting intoxication or violence. Selling or supplying alcohol to a minor attracts double demerits points, reflecting its seriousness and the Government’s continued emphasis on minimising the related risks of harm to minors.
Demerit points can also be imposed by the Independent Liquor and Gaming Authority (the Authority) in response to complaints by Liquor & Gaming NSW or NSW Police about recurring issues such as:
Demerit points attach to licensees and managers of licensed premises, except for registered clubs where the points attach to the licence. This is consistent with the approach under the former Three Strikes scheme.
Demerit points automatically expire after three years. However, applications can be made to the Authority for earlier removal in certain circumstances. The Authority may approve earlier removal if satisfied specified criteria are met, such as:
Well-managed venues are rewarded with discounts on annual liquor licence fees after maintaining a clear record with no demerit points, including:
Venues where demerit points have been incurred or imposed:
Each demerit point incurred or imposed will attract annual compliance risk loading, paid the year after the demerit point was incurred or imposed.
The venue may also need to pay patron capacity and location risk loadings, which continue to apply as usual where the compliance loading is payable.
Remedial action can also be imposed on any licensee or manager that incurs a demerit point, which can range from requirements for additional training through to permanent disqualification from holding a licensee or manager’s position.
More information about the new system is in the fact sheet Incentives and Demerit Point system - FS3015 PDF, 444 KB.
When the new system starts, all prior sanctions schemes will no longer have effect. However, any conditions imposed on a licence as a result of those schemes will remain and can only be removed on separate application to the Authority.
Strikes under the Three Strikes Scheme will no longer be in place.
Standard signage that must be displayed at licensed venues have been updated and made available on the Signs for your business web page from 18 January 2020.
The updated signs have been developed in consultation with stakeholders and are aimed at making signage easier to read, helping customers better understand obligations when visiting licensed venues.
The new signs feature brand-new colour and designs to draw attention to the content. They meet Australian Standards in relation to colour and pictograms, are visually appealing and easy to understand.
There will be a twelve-month transition period to allow venues time to change over to the new signs. This means that the old signage can continue to be displayed until 22 January 2022 at the latest. From 23 January 2022, all venues must have the new signage displayed to ensure they comply with signage requirements.
Venues are strongly encouraged to change their signs early to avoid any complications.
Licensed venues will be able to:
The printable signage is available free of charge and can be downloaded from the Liquor & Gaming NSW website from 18 January 2021.
Detailed instructions on how to print and display the signage can be found on the Signs for your business web page.
Physical signage will still be available to order from the Liquor & Gaming NSW online shop.
All licensees that offer alcohol for sale through a website or using other electronic means, such as mobile applications, need to ensure a new notice is displayed. The existing notice that is required wherever alcohol is sold over the internet needs to be replaced with new wording from 18 January 2021.
All businesses selling liquor online have twelve months to replace the notice on their websites and mobile apps. This means the new wording must be in place by 23 January 2022.
The notice must be prominently displayed at all times while the site or electronic means is accessible, and in lettering big enough, and in a sufficient position, to ensure customers would reasonably be expected to be alerted to its contents.
Licensees must also ensure that their licence number is prominently displayed on the website or mobile app, and in any advertisement or information published in writing or electronically in connection with online sales.
Visit the Signs for your business web page for more information.
Australia Post’s digital product, Keypass in Digital iD™, can be accepted as a valid proof of age document by licensed premises across NSW. The Digital iD™ app offers people a digital version of the Keypass identification on their smartphone, so they don’t need to carry their plastic card.
Venue staff can check the ID in different ways:
* Sight: Match the patron’s face to the photo on their Keypass in Digital iD™ profile, check the 18+ Keypass badge to verify they are over 18 and view their verified date of birth.
* Scan: Scan the QR code using a phone or tablet with the Digital iD™ app, or a patron ID scanner that is configured to work with Digital iD™.
While scanning is the safest way to verify that it’s a genuine Keypass in Digital iD™, if that’s not possible venue staff can ask patrons to tap their photo on the screen to see the ID photo animate.
For more information about how to check a Keypass in Digital iD™ download this flyer from Australia Post PDF, 316.87 KB. Patron ID and registered club scanning providers that wish to configure their systems to scan the Digital iD™ can email Digital iD
The Digital iD™ app is available on the Apple App Store or Google Play.
The long-standing freeze on new liquor licences for hotels, registered clubs, nightclubs and packaged liquor outlets in these precincts is set to expire on 30 April 2021.
From 1 May 2021, the freeze will be replaced with a new evidence-based approach for managing the density of licensed premises in the precincts. There will no longer be a blanket ban on new licences.
The new approach is expected to open new business opportunities in suitable areas of the precincts, while continuing to manage higher risk locations.
New laws will enable a ‘Cumulative Impact Assessment’ to be issued, which will provide a more sophisticated way of managing areas of the precincts with higher concentrations of licensed premises, where cumulative impacts and risks of alcohol-related harm are greater.
Visit the Cumulative Impact Assessment webpage for more information about this new approach.
Eligible small bars with the necessary planning approvals can be issued with an interim approval to start trading as soon as they lodge their liquor licence application online.
This means small bars can get up and running much sooner.
This change expands the existing interim approval process for restaurants and cafes to this additional lower risk licence type.
Small bars are eligible when:
All small bars issued with an interim authorisation need to notify the NSW Police and the local consent authority at least two days before they start trading.
More information is available on the Small Bar licence webpage.
Any licensing application that seeks approval for a small bar to trade past 2am will now need to be accompanied by a Category B Community Impact Statement (CIS).
This allows for more comprehensive community consultation and ensures decision-makers can carefully consider any community impacts from trading this late into the night.
Small bars do not need a CIS for trading until 2am.
Councils will be able to take more of a leading role in managing complaints about noise from inside licensed premises in their local area, including entertainment sound.
If they have their own local plan for managing complaints, they can notify Liquor & Gaming NSW in writing that they want to handle complaints from local residents and businesses.
In this case, Liquor & Gaming NSW will no longer provide a separate avenue for these complaints. Councils and NSW Police will still be able to refer complaints to Liquor & Gaming NSW where appropriate (for example, if it relates to liquor licence conditions).
If councils take up this option, benefits for the community include:
More information is available on the Live Music and Entertainment webpage.
Councils will have powers to establish ‘Special Entertainment Precincts’ as a result of changes to local government laws.
These are areas where councils can decide requirements for amplified music and adopt their own plans to encourage more live music and performance.
Requirements on amplified music that would normally apply under the Liquor Act 2007 will not apply in these areas, including any amplified music conditions on liquor licences.
Dedicated live music and performance venues in these areas will also be able to access 30-minute trading extensions.
Going forward, liquor licensing decision-makers will need to consider whether licence applications provide employment or other opportunities in the live music, arts, tourism, or community and/or cultural sectors.
While these factors are already considered when looking at the impacts of applications, they will now be a more explicit consideration when applications are determined and related community impacts are considered.
Businesses are encouraged to show what level of support they will provide for these sectors as part of their application.
The change recognises the integral role entertainment and arts plays in our community and will positively support musicians, live performers and other artists in these sectors.
There are new offences targeting delivery people who supply alcohol to minors or intoxicated people.
These offences apply for any alcohol deliveries made within NSW, whether they are made on the same day or not.
More information about these new offences is available from the alcohol delivery laws webpage.
An enhanced regulatory framework is being phased in to support the responsible operation of same day alcohol deliveries made in NSW.
This will be the first framework of this kind in Australia.
Download the Same day alcohol delivery one-page overview PDF, 173.71 KB of all the key changes and who they apply to.
More information on these changes is available from the alcohol delivery laws webpage.
All same day delivery people must be trained going forward
From 1 December 2021, all providers, employees and agents making same day deliveries will need to have been trained in the mandatory responsible supply of alcohol training before they make any deliveries.
More information on this training is available on the Responsible Service/Supply of Alcohol, and Responsible Conduct of Gambling training web page.
Mandatory age verification for same day deliveries at point of sale
Same day delivery providers will need to undertake mandatory online age verification at the initial point of sale for all first-time purchases, and have systems and processes in place to authenticate the identity of customers whose age has been checked for future purchases.
More information on the requirements for online age verification is available on the Same day delivery age verification requirements webpage.
Visit the NSW Legislation website to read the new laws in full:
The Act follows the passage of the Liquor Amendment (Night-time Economy) Bill 2020.
An earlier version of the Bill - the ‘Liquor Amendment (24-hour Economy Bill) 2020’ - was available for industry and community consultation in May and June 2020.
Submissions from the consultation have been published on the Department of Customer Service website.
