Intoxicated people on a night out are less likely to be assaulted on the streets because venues will no longer be required to immediately remove them from their premises.

This is a key measure of the NSW Government’s third tranche of vibrancy reforms that will be introduced to parliament next week.

In its first two years, the government passed two tranches of vibrancy legislation aimed at rebuilding the state’s night-time economy by removing unnecessary restrictions on hospitality operators.

The new tranche of legislation will increase safety for patrons and workers, including a change in the Liquor Act relating to the treatment of intoxicated patrons.

Currently, venues are required to immediately remove intoxicated patrons in order to maintain a safe and responsible service of alcohol. Venues have reported this can have the unintended consequence of pushing vulnerable people onto the streets, increasing the risk of violence, sexual assault and getting hit by a vehicle.

Under the changes, venues can keep an intoxicated patron on the premises and actively monitor them while transport or medical assistance arrives, rather than requiring them to leave immediately.

Other rules apply to the management of intoxicated patrons, including restrictions on entering gaming rooms or being served more alcohol.

Individual processes to support this proposed change will vary from venue to venue, but the harm minimisation measures will remain the same for all licensees – they are now able to use their discretion to prioritise patron safety and wellbeing over the immediate removal of intoxicated patrons.

Liquor & Gaming NSW (L&GNSW) will work with the hospitality industry to ensure appropriate measures are in place and will support venues to provide advice and guidance to staff and management.

Other measures in the third tranche of vibrancy reforms include:

• Making extended trading hours incentives more accessible for regional venues.
• Streamlining the process for venues to have outdated license conditions removed, so they can more easily program live music and entertainment.
• Encouraging the ‘weekend away’ and supporting tourism by allowing Special Event Extended Trading for up to 24 hours prior to an event.
• Diversifying night-time offerings by allowing venues that provide entertainment such as pool tables, jukeboxes and amusement machines to apply for an on-premises liquor licence.

Minister for Music and the Night-time Economy John Graham said, “This is a practical step because often the most dangerous place an intoxicated person can be is out on the street late at night. Inside the venue is often much safer and this common-sense change will give operators the ability to look after them until transport or medical attention arrives.

“There’s no vibrancy without safety. So, as we increase vibrancy, it’s imperative we also improve safety, and this measure will protect people when they’re at their most vulnerable.

“We’ve had venues pleading with us to change this law so they can keep their patrons safe. This will allow venues to establish their own measures to help intoxicated patrons get home or medical help. 

Minister for Gaming and Racing David Harris said, “Licensees have long been forced to choose between avoiding liability and keeping their patrons safe, and that is not an acceptable position to put them in.

“These commonsense reforms - along with the other measures we have introduced, such as beefed-up sexual harassment and assault training for hospitality workers - make it easier for venue operators to keep people safe. 

“These measures will be complemented by education and resources to give venues the feel confidence to choose to keep patrons on site and provide the necessary care.

Director of Liquor and Policing at AHA NSW, John Green, said, “This change makes sense – it means we can look after people at risk of harm until transport or medical care can be arranged. The current laws make venues remove patrons from the premises when they are most vulnerable. 

“Pubs across NSW are safe, well-run venues that take the safety of their patrons seriously. We have long advocated providing hotels and other licensed premises the option of managing patrons who are at risk of harm on their premises until transport or other assistance is provided, and the Government should be applauded for this reform”.

Night Time Industries Association (NTIA) CEO Michael Gibb said, “Creating a safe and inclusive night-time economy starts with protecting both the people who work in it and those who enjoy it. These reforms reflect a practical, people-first approach that prioritises care and accountability. 

"Allowing staff to monitor and assist patrons in need is exactly the kind of approach the NTIA has been calling for. One that empowers venues to act responsibly and keep people safe, rather than forcing them onto the street. 

"We welcome the NSW Government’s continued focus on safety as the foundation for a thriving, modern nightlife.”

ClubsNSW CEO Rebecca Riant said, “As community hubs, clubs have always prided themselves on providing patrons with the safest hospitality venues within which to enjoy themselves.

“Clubs have also long served as havens for at-risk people during times of crisis, including natural disasters.

“These reforms will ensure clubs continue to protect people when they are at their most vulnerable, without any risk to their license.