A long-awaited review into NSW’s lockout laws is due to be handed to the state government on Tuesday, after it was delayed by a landmark court decision which deemed live music venues exempt from the controversial legislation.
The highly-anticipated report was expected last month but the Baird government said that Ian Callinan, the former High Court judge leading the review, had requested an extension to examine more evidence after the ruling.
The NSW Supreme Court found in August that the secretary of the state’s Justice Department did not have the authority to “declare” a city venue subject to the 1.30am lockouts and 3am last drinks rules.
The legal challenge was launched by CBD bar The Smoking Panda, which had been initially exempt from the laws as it is in a “tourism accommodation establishment” area.
That exemption was cancelled after a Liquor and Gaming NSW (LGNSW) investigation found non-hotel guests visiting the bar.
In her judgment, Justice Natalie Adams declared lockout legislation clauses were “not a proper exercise of the regulation-making power conferred upon the governor” and LGNSW had failed to define the “tourism accommodation establishment” exemption properly.
Smoking Panda and seven more Sydney CBD venues including strip club Men’s Gallery are no longer subject to the laws, but it’s believed the government will appeal the decision.
The review of the legislation, which was introduced in 2014 to cut alcohol-fuelled violence following a string of one-punch deaths, is due be handed to the Baird government on Tuesday.
Cabinet is expected to consider the report when it meets on Thursday before it is publicly released and the NSW government responds to its findings.
Opponents say the laws have killed Sydney’s once-vibrant nightlife and many venues have been forced to close.
However, a recent ReachTell poll published by Fairfax Media found the majority of those surveyed, including three-quarters of young people, supported the existing laws.
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