The NSW State Government has immediately appealed a Supreme Court decision that provides lockout law exemptions to select live music venues, as well as strip clubs.
As we’ve previously reported, exemptions have been put in place for venues showing certain live sporting events, but until this point no music venues had received a reprieve from the laws.
As Channel 9 report, the Supreme Court recently determined that the secretary of the Justice Department “lacked the authority to subject a city venue to the 1.30am lockout and 3am cease-service laws”, in response to a challenge to the laws brought about by Sydney’s Smoking Panda Bar.
The venue was originally exempt from the lockouts due to its location within the CBD’s Coronation Hotel, which had been deemed a “tourism accommodation establishment”zone, but that exemption was overruled when the lockouts were put in place.
Reinstating the exemption allows the Smoking Panda Bar – as well as other affected venues like the Oxford Art Factory – to return to their pre-lockout operations, Musicfeeds reports, but the government is preparing to appeal.
A Liquor & Gaming NSW spokesperson has told the Sydney Morning Herald that government has “referred the decision to the Callinan Review of the lockout laws for consideration”, blaming the latest ruling on a legal technicality.
“The decision was based on a technical legal argument in relation to the power of the Secretary of the NSW Department of Justice to declare a venue to be subject to the lockout and 3am cease service laws,” he said.
It’s interesting to note that, to coincide with this appeal, the Sydney Morning Herald has published a Fairfax-commissioned poll supporting their claim that “the majority of voters back broader lockout laws”.
“A majority of NSW voters say the controversial “lockout” laws in Sydney’s centre should be extended across the state and three-quarters of young people support existing laws,” claims the publication, citing a 1600-strong ReachTEL poll.
“Nearly 60 per cent of NSW voters support extending the 1.30am “lockout” and 3am last drinks in force across Kings Cross and parts of the CBD to the rest of the state.”
As we’ve previously noted, Fairfax has quite frequently spoken out in support of the controversial laws at every turn, particularly where property prices are concerned. Anecdotally, we’ve witnessed far more anger at the lockout laws than support for them.
