Intoxicated Patrons To Be Better Protected By Venues Under New Laws

Venues will no longer be required to immediately remove intoxicated patrons from their premises under laws set to be introduced in parliament this week, keeping vulnerable people safe from violence and danger on the streets.

Under current laws, venues are required to immediately remove intoxicated patrons in order to maintain a safe and responsible service of alcohol, though this sees vulnerable people pushed onto the streets, where they face an increased risk of violence, sexual assault or getting hit by a vehicle.

The new changes will see venues allowed to keep an intoxicated patron on the premises and actively monitor them while transport or medical assistance arrives, rather than requiring them to leave immediately.

“We’ve had venues pleading with us to change this law so they can keep their patrons safe,” said minister for music and the nighttime economy, John Graham. “This will allow venues to establish their own measures to help intoxicated patrons get home or medical help.

“This is a practical step because 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.”

Rules related to the management of intoxicated patrons, such as restrictions of entering gaming rooms or being served more alcohol, still apply.

Venues to use discretion to keep patrons safe

The move comes as the third act of the Minns government’s vibrancy reforms, as they aim to rebuild the state’s night-time economy by removing unnecessary restrictions on hospitality operators.

This year, the government has overseen the cutting of red tape around entertainment and outdoor spaces, grants to help venues host more live performances, and support for more than 20 local councils in establishing the popular Special Entertainment Precincts. 

Individual processes to support the proposed change will vary from venue to venue, but the harm minimisation measures will remain the same for all licensees, who are now able to use their discretion to prioritise patron safety and wellbeing over the immediate removal of intoxicated patrons.

John Green, director of Liquor and Policing at Australian Hotels Association NSW, said that the change simply made sense, and applauded the government for the change.

“It means we can look after people at risk of harm until transport or medical care can be arranged,” he said.

“Pubs across NSW are safe, well-run venues that take the safety of their patrons seriously. We have long advocated providing hotels and other licensed premises the option of managing patrons who are at risk of harm on their premises until transport or other assistance is provided.”