No More Pushing Vulnerable Patrons onto the Street

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

In its first two years, the Minns Labor 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: 

Minister for Music and the Night-time Economy John Graham said that 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,” he said. 

“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,” he said.

ClubsNSW CEO Rebecca Riant has welcomed the changes.  

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

“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.” 

Twin Towns Services Club CEO Rob Smith said his club has long advocated for change in this space.

“The law prohibiting venues from having an intoxicated person on their premises is one of the most complicated issues that our Club has to confront, as these people are often at their most vulnerable and asking them to leave could pose a significant safety risk,” he said.

“Our club sits on the New South Wales/Queensland border, and 20 metres down the road from our venue the legislation is completely different, so we have long advocated for this change to be made.

“This announcement is a very sensible step in the right direction. It puts patron safety first and will reduce conflict and encourage hospitality.”