Last updated: 9 Feb 2023
This Statement of Regulatory Intent sets out the temporary enforcement approach that Liquor & Gaming NSW will take to compliance with certain liquor licence conditions for venues that participated in Stage Two of the Liquor Licence Trial in Newcastle. Stage Two of the Trial concluded on 17 October 2022. This Statement applies to the venues listed in Attachment A.
This Statement of Regulatory Intent will remain in force until 30 June 2023.
Liquor & Gaming NSW appreciates that a wide range of venues in the Newcastle area have been subject to more stringent trading conditions than those typically found elsewhere in NSW.
These conditions were imposed from 2008 onwards in response to past levels of alcohol-related violence occurring in and around the venues, which have since declined.
Stage Two of the Trial was initiated to assess the ongoing need for several liquor licence conditions imposed on hotels, general bars and public entertainment venues. Stage Two of the Trial followed Stage One, which involved small bars and restaurants and was successfully completed on 31 December 2021.
Stage Two of the Trial relaxed certain liquor licence conditions that have been imposed on the participating venues in:
Stage Two began on 17 October 2021 and ended on 17 October 2022.
Venues that participated in Stage Two of the Trial that wish to permanently amend their liquor licence conditions will be required to apply to their development consent authority (if required) and the Independent Liquor & Gaming Authority.
As this Statement is only in force until 30 June 2023, venues listed in Attachment A that wish to have their licence conditions permanently amended, must apply to the Authority and have their application approved prior to 1 July 2023. From 1 July 2023, Liquor & Gaming NSW will be undertaking a standard compliance approach to all existing licence conditions on participating venues listed in Attachment A.
Some venues may need to seek approval from their development consent authority before an application to the Authority to amend an existing liquor licence condition can be approved. It is the responsibility of each participating venue listed in Attachment A to ensure their development consent permits the varying of their liquor licence conditions.
For those venues listed in Attachment A, enforcement action will not be taken in respect of the following liquor licence conditions until 30 June 2023:
Restrictions on the types of drinks and times they can be served
Participating venues can choose to serve high-strength cocktails and drinks with more than 30ml per service, neat spirits and shots, whenever liquor can be sold and supplied at their venue.
However, other drink-related restrictions are not subject to this relaxed compliance approach and must continue to be complied with (for example, conditions aimed at preventing patrons from stockpiling drinks).
General liquor trading hours up until 3.30am
Participating venues can sell and supply liquor up until 3.30am on any night they are normally authorised to sell and supply liquor until at least 2.30am (based on the general liquor trading hours specified on their licence).
Whether a venue can make full use of this liquor trading extension will also depend on its other approved trading conditions that continue to apply, including:
All other relevant aspects of the Liquor Act 2007 and regulations will continue to be enforced. Venues must continue to comply with other licence conditions and requirements that are not in-scope for the Trial. Non-compliant activities in respect of these will continue to be investigated and prosecuted where appropriate.
The December 2022 Evaluation Report by Woolcott Research can be found here.
Following consideration of the report, the Independent Liquor & Gaming Authority resolved the following:
The Independent Liquor & Gaming Authority’s media release can be found here.
The holder of a liquor licence can apply to change licence conditions at any time. Details on how to apply can be found here.
Until 1 July 2023, Liquor & Gaming NSW retains the right to take appropriate remedial action or enforcement action against any venue listed in Attachment A if any of the below circumstances arise:
Liquor & Gaming NSW will provide notice to the venue owner/s or licensee in writing if it determines to discontinue a venue’s participation in the Trial.
The trial aimed to support local businesses and rejuvenate Newcastle’s night time economy. The Trial tested whether special licence conditions imposed on some Newcastle hotels, bars and licensed public entertainment venues, which tend to be more restrictive than other areas of NSW, including precincts like the Sydney CBD Entertainment and Kings Cross, needed to be maintained. Stage One of the trial was available to small bars and restaurants. Stage Two included selected hotels, general bars, and on-premise public entertainment venues.
Stage Two of the trial ran for twelve months from 17 October 2021 to 17 October 2022.
The trial invited hotels, general bars and on-premise public entertainment venues in the suburbs of Newcastle, Newcastle East, Newcastle West and Hamilton and venues on Hamilton border with relevant liquor licence conditions to participate. Eligible venues were pre-identified by Liquor & Gaming NSW in consultation with the City of Newcastle and the NSW Police Force.
The Statement of Regulatory Intent lists the participating venues
The Trial did not remove liquor licence conditions. Liquor & Gaming NSW issued a Statement of Regulatory Intent which conveyed regulatory action would not be taken against participating venues for not complying with certain conditions during the trial period. All other liquor licence conditions continued to apply.
The Stage Two of the Trial temporarily lifted the following conditions attached to a venue’s liquor licence:
Participating venues can choose to serve high-strength cocktails and drinks with more than 30ml per service, neat spirits and shots, whenever liquor can be sold and supplied at their venue. However, other drink-related restrictions are not subject to this relaxed compliance approach and must continue to be complied with (for example, conditions aimed at preventing patrons from stockpiling drinks).
Other drink related restrictions (such as the number of drinks that can be purchased at once) were not subject to the relaxed compliance approach. All other licence conditions and requirements under the Liquor Act 2007 were enforced as usual. Non-compliant activities that breach the Liquor Act 2007 continued to be investigated and prosecuted.
For liquor licence related matters, please email Liquor and Gaming NSW. Please use the subject line: ‘Newcastle liquor trial’.
