Last updated: 31 March 2021
This updated Statement of Regulatory Intent applies to venues (as listed in Attachment A) that participated in a trial between 1 October 2020 until 31 March 2021. The trial relaxed a range of trading conditions for restaurants and small bars in Newcastle.
The Statement sets out the enforcement approach that Liquor & Gaming NSW will take to compliance with certain specified conditions attached to the participating venues. NSW Police support the enforcement approach detailed in this Statement.
This Statement remains in force until 31 December 2021 as part of transitional arrangements following the trial. This allows time for the venues involved the completed trial to apply to make permanent changes to their trading conditions.
Liquor & Gaming NSW appreciates that a wide range of venues in the Newcastle area are subject to conditions more stringent than those typically found elsewhere in NSW.
It is recognised that conditions originally implemented in response to high-risk venues have routinely been placed on a range of lower-risk venues, such as restaurants and small bars.
It is also recognised that these more stringent conditions were in response to levels of violence which have since declined significantly.
The trial was initiated to help assess the ongoing need for such conditions on lower-risk venues. A formal evaluation is underway, noting significant concerns did not emerge in respect to changed licencing conditions for participating venues.
The Newcastle trial was a joint undertaking involving Liquor & Gaming NSW, the Independent Liquor & Gaming Authority, the Department of Planning, Industries and Environment, the City of Newcastle, and the NSW Police.
The trial ran from 1 October 2020 until 31 March 2021. It saw a relaxed compliance approach in respect to certain licensing conditions for the restaurants and small bars that opted in.
Participating venues were in Newcastle (including Honeysuckle), Newcastle East, Newcastle West and Cooks Hill.
Liquor & Gaming NSW will continue to take a reasonable and pragmatic approach to enforcing the liquor laws until 31 December 2021. This will mirror the approach taken during the trial.
For venues that participated in the trial (see Attachment A), enforcement action will not be taken during the operation of this Statement in respect to:
All other licence conditions and requirements under the Liquor Act will be enforced as usual. Non-compliant activities in relation to these conditions and requirements will continue to be investigated and prosecuted.
Venues that participated in Stage 1 are encouraged to apply directly to Liquor & Gaming NSW where applicable for a change of liquor licence conditions to align with the trial conditions before 31 December 2021.
After this transitional period, enforcement action with resume as per usual and venues will need to comply with the above conditions if still reflected on their licence.
In accordance with orders under the Public Health (COVID-19 Restrictions on Gathering and Movement) Order 2021, all operators must have a COVID-19 Safety Plan and keep a record of all people entering the premises. Venues will need to continue to comply with their COVID-19 Safety Plan and all national and state public health orders. Please refer to the Public Health Order and the COVID FAQs for how customer limits and related requirements impact on your business
Other temporary arrangements to support licensed venues during the COVID-19 pandemic will continue to be in force for eligible venues. Please refer to Liquor & Gaming NSW’s Statement of Regulatory Intent in regards to COVID-19 for more information.
