Licensed premises within two areas of Sydney are subject to special licence conditions, including:
- the Sydney CBD Entertainment precinct
- the Kings Cross precinct
Recent changes to Special Licence Conditions in the Precincts
Under recent reforms to the Liquor Regulation 2018, certain special licence conditions in the Sydney CBD and Kings Cross Precincts have been repealed. The repeal of these conditions was informed by a review of the special licence conditions undertaken by Liquor & Gaming NSW.
Under these changes, the following special licence conditions have been repealed from the Liquor Regulation 2018:
- liquor sales cessation period (3.30am last drinks)
- glasses prohibited during general late trading period
- certain drinks and other types of liquor sales prohibited during general late trading period
- restriction on the promotion of rapid consumption drinks
- requirements for RSA marshals during supervised trading periods
- preventing entry for people who have been drinking in alcohol-free zones or alcohol-prohibited areas.
Licensed venues within the Precincts that were previously required to comply with these conditions are no longer required to do so.
The following conditions have been retained, and still apply to venues within the Precincts:
- requirement for a ‘round the clock’ incident register
- crime scene preservation and incident reporting requirements
- exclusion of persons from subject premises (outlaw motorcycle gangs).
Sydney CBD Entertainment Precinct boundaries
The Sydney CBD precinct stretches from parts of Surry Hills, Haymarket, and Darlinghurst to The Rocks, and from Kings Cross to Cockle Bay. There are more than 1,300 venues with the special conditions in this precinct.
Kings Cross Precinct boundaries
The Kings Cross precinct stretches from Ward Avenue in the east to Victoria Street in the west to Manning Street in the north to Kings Cross Road in the south. There are approximately 100 venues with the special conditions in this precinct.
Special licence conditions
Some special conditions apply only to high risk licence types in the precincts, whereas others apply to all venues in the precincts.
Part 7 of the Liquor Regulation 2018 (Division 1) sets out most of the special licence conditions and the types of licensed venues they apply to.
Incident registers
Most venues must maintain a ‘round the clock’ incident register.
‘Round the clock’ registers are not required for packaged liquor outlets, or for on-premises venues like standard restaurants and cafés, accommodation premises, cinemas and theatres (unless they hold a primary service authorisation).
Crime scene preservation and notification of violent incidents to police
Immediately after becoming aware that a violent incident has occurred causing injury on the licensed premises, licensees must ensure that:
- all reasonable steps are taken to preserve the scene and retain any implement that was used in accordance with guidelines issued by the NSW Police Force relating to the preservation of crime scenes
- the relevant Police Area Commander or Police District Commander is advised of the incident by a member of the licensee’s staff (which includes a crowd controller or bouncer)
- any directions given by the Commander to the licensee or staff to preserve the area where the incident occurred are complied with.
Motorcycle organisations
Licensees must not permit any person, who is wearing or carrying any clothing, jewellery or accessories that indicate they are a member of an outlaw motorcycle organisation, to enter or remain in their venue.
Licensees should look out for:
- the name of any of the following organisations:
- Bandidos
- Black Uhlans
- Brothers for Life
- Commancheros
- Finks
- Fourth Reich
- Gladiators
- Gypsy Joker
- Hells Angels
- Highway 61
- Iron Horsemen
- Life and Death
- Lone Wolf
- Mobshitters
- Mongols
- Mongrel Mob
- No Surrender
- Outlaws
- Nomads
- Odin’s Warriors
- Outcasts
- Phoenix
- Rebels
- Rock Machine
- Satudarah or
- the colours, club patch, insignia or logo of any of these organisations, or
- the 1% or 1%er symbol, or
- any image, symbol, abbreviation, acronym or other form of writing that indicates membership of, or an association with, any of these organisations.
Exemptions to special conditions
A licensee can apply for an exemption from certain special conditions.
The Secretary of NSW Department of Creative Industries, Tourism, Hospitality and Sport will only consider an application where:
- the exemption is unlikely to result in an increase in alcohol-related violence, anti-social behaviour or other alcohol-related harm in the prescribed precinct in which the licensed premises is located, and
- other measures are in place that will be effective in reducing the risk of alcohol-related violence or anti-social behaviour in and around the premises.
Fee: A non-refundable fee of $500 applies to all applications.
Apply now:
| Premises | Provision to which the exemption applies | Date granted | Alternate measures imposed |
|---|---|---|---|
Jimmy Lik's (now called YAKITORI CHACOBAR) – LIQO600462847 Kings Cross Precinct | 53F (Certain drinks and other types of liquor sales prohibited during general late trading period) | 11 Feb 2013 | N/A |
Ms G's – LIQO624001880 Kings Cross Precinct | 53F (Certain drinks and other types of liquor sales prohibited during general late trading period) | 26 Mar 2013 | N/A |
Bootleg Bar & Italian Food (now called Jangling Jack’s Bar & Grill) – LIQO660010177 Kings Cross Precinct | Clause 53F of the Liquor Regulation 2008 (Certain drinks and other types of liquor sales prohibited during general late trading period) | 9 Apr 2013 | N/A |
The Bourbon – LIQH400110111 Kings Cross Precinct | 53F (Certain drinks and other types of liquor sales prohibited during general late trading period) of the Liquor Regulation 2008 | 31 May 2013 | N/A |
Silly Tart Kitchen (Syd) Pty Ltd (formerly called Villa, Kings Cross) – LIQO600461913 Kings Cross Precinct | 53F (Certain drinks and other types of liquor sales prohibited during general late trading period) | 15 July 2013 | N/A |
Non-compliance with special conditions
A penalty notice can be issued for a breach of a liquor licence condition. The maximum court imposed penalty is $11,000, or imprisonment for 12 months, or both.
Patron requirements in the Precincts
Temporary banning order
A temporary banning order can be issued by police on-the-spot and bans a person from entering a licensed premises for a period of up to 48 hours.
A police officer, of or above the rank of sergeant, can issue a temporary banning order where a person:
- refuses or fails to comply with a ‘move-on’ direction to leave a licensed premises or public place in the vicinity of a licensed premises
- fails to leave a licensed premises after being required to do so because they are intoxicated, violent, quarrelsome or disorderly i.e. ‘fails to quit’
- contravenes certain provisions relating to the non-voluntary exclusion of persons from licensed premises.
Police must be satisfied that the adverse conduct of the person is likely to continue and cause a public nuisance or risk to public safety.
Long-term banning orders
The Independent Liquor & Gaming Authority (ILGA), at the request of the Commissioner of Police, can issue a long-term banning order for up to 12 months.
This happens when ILGA is satisfied that a person:
- has been charged with, or found guilty of, a serious criminal offence involving alcohol-related violence
- has been issued with three temporary banning orders in the previous 12 months.
A person subject to an application for a long-term banning order must be given notification of the application and be provided with a reasonable opportunity to make submissions to ILGA in relation to the application. The person may apply to the NSW Civil & Administrative Tribunal (NCAT) for a review of ILGA’s decision.
Long-term banning orders only prevent entry to high-risk venues. Maximum penalties of $11,000 or an on- the-spot fine of $2,200 apply where a person, who is subject to a long-term banning order, enters or attempts to enter or remain on any high-risk venue during the banning period.