Live Music To Be Impacted Under Sydney’s New Lockout Laws

Sydney venues will be forced into a 1.30am lockout and calling last drinks at 3am under strict new liquor laws announced by New South Wales Premier Barry O'Farrell today.

The Premier's response to mainstream media outcry following violence in Kings Cross and the Sydney CBD over the New Year's period, today's policy outlines may have implications for venues supporting live music and other cultural activity.

THE KEY POINTS

-          1.30am lockouts, 3am last drinks across Sydney precinct
-          Risk-based fees to be imposed on venues
-          Freeze on liquor licenses for new pubs and clubs in the precinct
-          10pm closing time for bottle shops and liquor stores across NSW

OTHER MEASURES

-          Eight-year minimum sentence for 'one punch' convinctions
-          On-the-spot fines for intoxicated behaviour increased to $1,100
-          Police can impose immediate 48-hour precinct bans for troublemakers
-          Maximum sentence for supply and possession of steroids 25 years
-          Free buses from Kings Cross to the CBD to connect with late-night services

As well as the lockout and last drinks curfews, which are modelled on a similar experiment in Newcastle, a 10pm closing time for bottle shops across the state, a risk-based licensing scheme of increased fees for venues in high-risk locations or with late trading hours and a freeze on new liquor licenses have also been announced. At this stage small bars and cafes, defined as those with a capacity lower than 60, are exempt from the proposed regulations, as are casinos.

That still leaves a number of Sydney's most renowned live music venues, including the Oxford Art Factory, GoodGod Small Club, FBi Social, The Basement, The Standard, Upstairs Beresford and The Ivy, potentially within the final precinct.

“I've heard the community's call for action and I'm confident this package of measures approved by Cabinet will make a difference,” Premier O'Farrell said today. “These new measures are tough and for that I make no apologies. I expect opposition to some or all of the measures, but the community wants strong action and the NSW Government intends to deliver it.”

While exact specifics of these policy points won't be known until the legislation is tabled, which could be as soon as next week, industry experts and stakeholders have today told theMusic.com.au that they hope accommodations for the facts that cultural activity offsets violence will be made. They also hope that the proposed laws take into account that extended hours are required for venues where consumption is reduced during live performances. The trading during these later hours is often vital in keeping a venue profitable, and therefore able to provide opportunities to artists.

Today live music campaigner John Wardle, a driving force behind the City Of Sydney's recent Live Music Taskforce, told theMusic that, “Notwithstanding the recognition that the Premier had to intervene in some capacity to address overwhelming community concern, the expanded precinct-wide freeze on liquor licenses for new general bar and club licenses in Sydney potentially negates recent important policy work undertaken by the creative sector in this policy space.”

"having later trading compensates for the reduced [drink] consumption during peak show times"

The recent taskforce findings called for appropriate trading conditions for live music and performances venues that were unique to their situations, he said.

“For performance venues that program live entertainment, having later trading compensates for the reduced consumption during peak show times, and allows for patrons to stay longer and mix with artists and the music community to support the venue providing the jobs and opportunities, rather than migrating to a completely different late trading premises as soon as the show finishes.”

He added, “Whilst there are very few if any live music venues presenting live music at 1:30am, the lockout will have implications for musicians and other travelling night economy workers for where they can meet people to wind down after work. Sydney has had a great tradition of late rooms where musicians went after the show to meet and wind down.”

Sydney's Lord Mayor Clover Moore said the Government's legislation needed to go further, particularly in regards to transport.

“On city streets late at night there are tens of thousands of people yet the last train from Kings Cross leaves at 1.44am and the next is not until 5.14am. That's when numbers of people on the street are at their peak and they're frustrated they can't get home easily,” she said.

“The free buses out of Kings Cross are a good start but to move tens of thousands of people safely across metropolitan Sydney we need other modes of transport operating on Friday and Saturday nights.”

"the lockout will have implications for musicians and other travelling night economy workers"

She said a risk-based licensing scheme for venues was “welcome”, she said “licensed venues in cities like New York and Vancouver operate under renewable licensing permits.

“They work the same way driver's licences are issued and that is you must renew your licence regularly. A renewable licence system puts the responsibility back on the venues to do the right thing – currently venues are given lifetime licences by the State.”

Earlier this month the Australian Hotels Association's NSW Director Of Policing John Green said that a 1.30am lockout “flies in the face of common sense” when the idea was first touted.

“The latest tragic incident happened at 9.10pm allegedly by a man on bail for assault. The death of Thomas Kelly happened just after 10pm almost at the same location in Kings Cross – how would further restrictions on venues in the early hours of the morning make any difference?”

He added, “The victims of street violence deserve better than a media sound bite – we need to reduce the violence by targeting those doing the wrong thing, not by bringing in further restrictions on hotels that will make no difference.”

The NSW AHA has yet to provide a comment to theMusic today.

“The live music sector would like to see trading conditions for venues that recognise the economics of presenting live music, and more recognition of the positive benefits music venues provide in this alcohol debate,” Wardle said.

“That supporting places for local voices to sing and play our own music will make for healthier and happier communities where people feel they belong, and an understanding that not providing venues for music and performance expression may leave affected populations feeling disenfranchised and resentful.”