In an effort to reduce drug and alcohol fueled violence in Sydney and Kings Cross the NSW Government introduced 'Lockout Laws' on the 24th of February 2014.[1][2] Lockout laws restrict entry to licensed venues after 1.30am and the sale of alcohol to patrons inside the venue from 3am within the Sydney CBD entertainment precinct and Kings Cross Precinct.[1] The additional laws were introduce 44 days after the second death in Kings Cross within 6 months as a result of alcohol related violence. The additional laws have been met with strong public opposition as a number of iconic sydney bars have closed and previosuly popular nighlife areas have decreased attendence since the introduction of the law.[3][4][5]
Amendments to liquor regulations
editThe 'Liquor Amendment Bill 2014' was introduced to amend the 'Liquor Act 2007' and the 'Liquor regulation Act 2008.' The Bill gave the regulation the ability to declare areas as prescribed precincts and impose regulatory conditions on licensed premises within those precincts.[6]The Bill allowed the creation of the new 'Sydney CBD Precinct' which extends from parts of Surry Hills and Darlinghurst to The Rocks and from Kings Cross to Cockle Bay.[1] In a further effort to reduce alcohol and drug fueled violence the NSW Government increased the Maximum prison sentences and introduced new mandatory minimums for various drug-fuelled violent offences.[7]
Context
editThe Lockout Laws were introduced as alcohol and drug-fueled violence in Kings Cross and the CBD reached a tipping point with the deaths of Thomas Kelly (July 2012) and Daniel Christie (January 2014). The death of Daniel Christie gained a large amount of media attention which sparked immediate calls for tougher regulation of licensed premises, in Kings Cross and the CBD.[8]
Death of Thomas Kelly
editOn the 7th of July 2012 just after 10.03 pm in Kings Cross, Kieran Loveridge while under the influence of alcohol took two or three steps towards Thomas Kelly and his companions who were complete strangers to Loveridge. For no reason, and without notice, Loveridge punched Thomas Kelly to the head whilst he was speaking on the telephone. The punch carried sufficient force to knock Thomas Kelly to the ground, causing him to hit his head on the pavement.[9] The severe single blow from the pavement to the back of the right side of Thomas Kelly's head fractured the base of his skull and triggered intracranial injuries which eventually caused brain death.[9] Thomas Kelly died two days after being struck by Kieran Loveridge on the 9th of July 2012.[9]
After Kieran Loveridge assaulted Thomas Kelly he had an aggressive encounter with an acquaintance and assaulted a further 3 complete strangers. Loveridge had a history of violence and criminal history prior to the assaults he committed on the 7th of July 2012.[9]
Daniel Christie Death
editOn New Year's Eve 2013 just after 9pm near the corner of Darlinghurst Rd and Victoria St in Kings Cross, Shaun McNeil had an altercation with three minors which resulted in a fight breaking out. Daniel and Peter Christie came across Shaun and the minors shortly after the altercation began. Peter Christie went to the aid of one the young men while Daniel Christie engaged Shaun by asking, "why are you hitting kids?". Shaun advanced towards Daniel in an aggressive manner while Daniel held his hands up with palms facing outward saying "No No No No No." Shaun delivered a punch to Daniel's Jaw with sufficient force to cause him to go limp and fall backward onto the roadway. The impact of Daniel's head striking the roadway was so severe that it caused brain death. Daniel's life support was switched off on the 11th of January 2014.[10]
Exemptions from lockout law
editWithin Sydney CBD Entertainment Precinct
editThere are exemptions within the CBD entertainment precinct that allow patrons to enter venues with Poker machines past 1.30am. These venues allow entrance to patrons on the condition that they do not serve alcohol past 1.30am and do not provide entertainment other than Poker Machines and background entertainment.[11]
Most Licensed Small bars (maximum 60 people), restaurants and tourism accommodation can stay open past 3am without the service of alcohol after this time.[1]
Outside Sydney CBD Entertainment Precinct
editThe 'Sydney CBD Entertainment Precinct' ends at Darling Harbour and does not include The Star Casino which is one of Sydney's most popular licensed venues.[12]
Impact of Law
editAssaults in lockout areas
editSince 2008, the assault rate in NSW has been lowering. The introduction of 'Lockout Laws' accelerated the decline.[3]
16 months from the introduction of the 'Lockout Laws.' non-domestic assault rates reduced by 45.1% in the Kings Cross Precinct and 20.3% in the CBD Entertainment Precinct.[2]
Assaults in Non-lockout areas
editProximal (Surry Hills, Chippendale and Pyrmont) and Distal (Newtown, Double Bay, Bondi and Coogee) displacement nightlife precincts outside of the CBD Entertainment and Kings Cross Precincts have become have had an increase in activity. [13] Non-domestic assault rates are stable in the proximal and distal displacement areas with no significant increase of Assault rates with the exception of The Star Casino in Pyrmont.[3]
Business in Lockout areas
editIt has been reported that ten iconic Sydney bars have closed since the introduction of the lockout law in February 2014[4] and that live music audiences have dropped up to 40 percent.[5]
In 2010, pedestrian traffic was a measured at 5,590 per hour between 1am and 2am in Kings Cross. In 2015, the Saturday peak traffic was measured at 3,888 between 12am and 1am.[3] Anti Lockout law groups have claimed an 80 percent reduction of foot traffic in kings cross versus pro lockout law groups claim of only 19 percent.[14]
Ian Callinan is a retired Justice of the High Court of Australia and is conducting an independent review that is primarily considering the impact of the lockout laws on alcohol-related violence, businesses and their patrons and community amenity.[15]
Public reaction
edit'Keep Sydney Open' is an anti lockout law group which had its second rally with at least 4000 participants on the 9th of October 2016 to protest the Lockout Laws.[5]
There have been no public rallies in favour of the lockout laws. In a poll of 1600 voters it was found that up to 70 percent of people surveyed were in favour of retaining the lockout laws in Kings Cross and the Sydeny CBD and up to 60 percent of those surveyed were in favour of extending the law to the entire Sydney and NSW.[16]
Other alcohol and violence initiatives
editIn addition to the 1.30am lockouts and 3am last drinks introduced across the Sydney CBD and Kings Cross entertainment precincts the following laws were introduced:[1]
- Temporary bans: Troublemakers can be banned from licensed venues for 48 hours.
- Takeaway bans: Bottle shops, hotels and clubs cannot sell takeaway alcohol past 10pm throughout NSW.
- Liquor Licenses: A two year freeze has been imposed on approvals for new and existing licenses.
- Disqualifications: Bar staff who breach the 'Responsible Service of Alcohol' requirements can be disqualified or have their competency cards revoked for up to 12 months.
- Licensee fines: Failure to comply with the new laws can result in fines up to $11,000 and/or imprisonment of up to 12 months.
See also
editReferences
edit- ^ a b c d e "New alcohol laws now in place". www.nsw.gov.au. New South Wales Government. Retrieved 2016-09-24.
- ^ a b "Alcohol related violence in Sydney". bocsar.nsw.gov.au. Bureau of Crime Statistics and Research. Retrieved 2016-09-24.
- ^ a b c d Evershed, Nick (11 February 2016). "Sydney's lockout laws: five key facts about the city's alcohol debate" – via www.theguardian.com/au.
- ^ a b Dumas, Daisy (2016-03-14). "Going, going, gone: 10 iconic bar closures and moves in Sydney". The Sydney Morning Herald. Retrieved 2016-10-11 – via www.smh.com.au.
- ^ a b c "Thousands attend lockout law rally in Sydney". ABC News. 2016-10-09. Retrieved 2016-10-12 – via www.abc.net.au.
- ^ "LIQUOR AMENDMENT BILL 2014". www.austlii.edu.au. Australasian Legal Information Institute. Retrieved 2016-09-24.
- ^ "Alcohol and Drug fuelled violence initiatives". www.nsw.gov.au. New South Wales Government. Retrieved 2016-09-24.
- ^ Menéndez, Patricia; Weatherburn, Don; Kypri, Kypros; Fitzgerald, Jacqueline (April 2015). "Lockouts and last drinks: The impact of the January 2014 liquor licence reforms on assaults in NSW, Australia". Crime and Justice. NSW Bureau of Crime Statistics and Research. ISBN 978-1-921854-98-2.
{{cite journal}}: Check|isbn=value: checksum (help) - ^ a b c d "R v Loveridge [2014] NSWCCA 120 (4 July 2014)". http://www.austlii.edu.au/. Australasian Legal Information Institute.
{{cite web}}: External link in|website= - ^ "R v McNeil (No 4) [2015] NSWSC 1198 (27 August 2015)". http://www.austlii.edu.au/. Australasian Legal Information Institute.
{{cite web}}: External link in|website= - ^ Partridge, Sean Nicholls, Emma (2015-12-02). "Sixteen Sydney pubs granted exemption to lockout laws". www.smh.com.au. The Sydney Morning Herald. Retrieved 2016-09-24.
{{cite web}}: CS1 maint: multiple names: authors list (link) - ^ Koziol, Michael (2014-08-30). "And the winner of Sydney's lockout laws is ... Star casino!". www.smh.com.au. The Sydney Morning Herald. Retrieved 2016-09-24.
- ^ Koziol, Michael (12 February 2016). "Explainer: the Sydney lockout laws debate" – via smh.com.au.
- ^ "Impact of Sydney's lockout laws 'vastly overstated'". ABC News. 2016-08-29. Retrieved 2016-10-12 – via www.abc.net.au.
- ^ [www.liquorlawreview.justice.nsw.gov.au "Independent Liquor Law Review"]. Independent Liquor Law Review.
{{cite web}}: Check|url=value (help); zero width space character in|title=at position 25 (help); zero width space character in|website=at position 25 (help) - ^ Robertson, James (2016-08-29). "Poll shows voters favour extending lockout laws". The Sydney Morning Herald. Retrieved 2016-10-12 – via www.smh.com.au.