A relaxation of 1.30am lockout and 3am last drinks laws for live entertainment premises in Kings Cross and the Sydney CBD will be trialled for two years and a state-wide ban on take away sales and home delivery after 10pm shifted to 11pm following a review of the controversial measures.
Premier Mike Baird announced the decision on Thursday morning, three months after former High Court judge Ian Callinan recommended the changes to the government. The changes begin in January.
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Lockout laws to be relaxed: Baird
NSW Premier Mike Baird has announced that the state's lockout laws will be relaxed in the coming months.
In the first major review of the laws since they were introduced in early 2014, Mr Callinan advised that a 2am lockout and 3.30am last drinks in venues with live entertainment could be trialled for two years.
He said the government could consider shifting the state-wide ban on takeaway alcohol sales after 10pm to 11pm and for home delivery to midnight.
But he warned that any relaxation of the lockout and last drinks laws "carries the risk of greater density and consumption of more alcohol" in Kings Cross and the CBD and changing the takeaway laws "may elevate the risk of domestic violence".
The cabinet has agreed to adopt Mr Callinan's key recommendations, which he argued could help restore some of the "vibrancy" lost to the areas following the introduction of the laws almost three years ago.
The only recommendation not adopted is the extension of home delivery of takeaway alcohol to midnight.
"The lockout laws are staying," Mr Baird said. "There's no doubt they have been saving lives."
The Premier said the changes would be "dynamic" and reviewed annually with possible liberalisation if violence levels drop or further restrictions if they increase. "We're not returning to those days of violence," he said. "[We will] look at the statistics, this is an ongoing conversation. "The good news is we're listening."
The Minister for Justice and Police Troy Grant said the definition of a live entertainment venue would be decided on by government bureaucrats. "They're fairly liberal," he said while adding that strip clubs would "certainly" not be captured.
Venues will be able to apply for classification as live entertainment locations from January.
Mr Grant said the only recommendation not implemented from the Callinan review was to allow home delivery of alcohol till midnight as that was not available in rural areas. "I said 'Fair for one, fair for all'," he said.
Small bars are also set to get bigger and operate longer under the changes. Maximum occupancy rates will be raised from 60 to 100 people and their closing times shifted from midnight to 2am.
The government will also change liquor licensing rules to ensure that any breaches of rules under its "three strikes" scheme fall on the licensee of a premises, not its owner and to make it quicker for low-risk venues such as cafes to obtain a liquor license.
The Australian Medical Association said the extension of trading hours for live entertainment venues in the CBD and Kings Cross was a "compromise solution". But it was strongly critical of the extension of bottle shop trading hours.
"There is clear international evidence showing that availability of alcohol is linked with violence," said AMA NSW President Professor Brad Frankum. The greater the availability of alcohol, the greater the incidence of violence.
"We should not be forgetting why these laws exist in the first place so quickly."
The Australian Hotels Association welcomed the wind-back as a "step in the right direction".
AHA NSW Director of Liquor and Policing John Green said the 10 pm restriction on bottle shop trading hours had hit country hotels particularly hard.
But he said only exempting live entertainment venues left "many good hoteliers unfairly penalised".
The Sydney Business Chamber also welcomed the change.
"This will help address the reputational hit Sydney has taken," said executive director Patricia Forsythe.
The government says it will retain the freeze on new liquor licenses in Kings Cross and the CBD until at least midway through 2018.
The rules were introduced in response to the deaths of teenagers Thomas Kelly and Daniel Christie from unprovoked attacks.
NSW Bureau of Crime Statistics and Research data shows there has been a 45.1 per cent reduction in non-domestic assaults in Kings Cross and a 20.3 per cent reduction in the CBD since the introduction of the lockout laws.
But licensees in the lockout zones say business has plummeted and groups such as Keep Sydney Open, say Sydney's late-night and live-music culture has been destroyed.
Mr Baird has been lampooned as "Casino Mike" because The Star casino at Pyrmont and James Packer's planned VIP casino at Barangaroo are exempt from the lockout and last drinks laws.
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