Australia: "Alcohol Violence" Lockouts To End For 36 Affected Premises, 7 New Premises To Be Subject To Lockouts

Lockouts to end for 36 venues

The drastic operational restrictions imposed upon the "most violent" licensed premises late last year (explained in our November 2008 update - click here to read) are finally drawing to a close for many affected venues, at least for now.

The most controversial and economically damaging restriction to be imposed was the 2am lockout. For 36 of the 48 venues named in the original restrictions, the lockout will end upon amendment of the Liquor Act 2007 expected to be passed by 1 December 2009. A list of these 36 venues is contained below.

The "most violent" list of 48 venues will be reduced to only 19 venues (12 remaining from the previous list, with 7 new entries). Lesser restrictions, not including the lockout, will be imposed upon a larger number of more moderately violent premises.

The new list of venues that will be subject to the full host of restrictions, including the lockout, is contained below.

For premises that have been removed from the list it is important to note that the lockout does not automatically end upon publication of this list by the government. The lockout will continue until such time as the Liquor Act 2007 is amended to change the list of declared premises. The government aims to have this occur by 1 December 2009.

How will the new system work?

The new 3 level ratings system for licensed premises was explained in our July 2009 update ( click here to read).

Since that time, the government has further explained how the new system will be implemented. As new annual assault data is released by BOCSAR twice a year, a new list of "problem" venues will be released and the Liquor Act will be amended (in early December and early June) to apply the restrictions to the new list of venues.

There is therefore the opportunity for a venue to get removed or added to the list every six months.

Venues with 19 or more assaults will generally be classified as "level 1 venues" and will be subject to six additional special licence conditions:

• A mandatory 2am lockout of patrons (except members of a registered club)
• Cessation of alcohol service 30 minute prior to close
• No glass containers to be used after midnight
• No shots and drink limit restrictions after midnight
• Ten minute alcohol sales time-out every hour after midnight or active distribution of water and/or food
• Extra security measures

"Level 2 venues" will be venues with 12 to 18 assaults will only be subject to three of these additional conditions – no glass after midnight, time-outs for 10 minutes each hour after midnight (or free water and/or food for patrons and the active encouragement of water consumption), and cessation of alcohol service 30 minutes before closing. The level 2 restrictions are new and capture more venues but it is important to note that the restrictions should generally be manageable and do not include the 2am lockout.

"Level 3 venues" with eight to 11 assaults won't usually be subject to special licence conditions, but they will be subject to increased scrutiny from police and OLGR and may be counselled to improve their management practices.

Venues to be subject to 2am lockout (and other level 1 restrictions)

Venues to be freed from lockout

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.