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Thursday, 13 October 2016 <strong>SENATE</strong> 103<br />
shots and doubles after midnight; individuals could not buy more than four alcoholic drinks at a time after<br />
midnight; and no alcohol could be sold in the hour before closing.<br />
In December 2012, the area affected was expanded to a total of 134 licensed venues. A licence freeze was<br />
implemented, preventing the establishment of any new higher risk venues or the expansion of existing venues.<br />
One year later, in December 2013, a second tranche of legislation changed licensing conditions for venues in<br />
Kings Cross. These included a centralised ID scanning system, which was not rolled out until June 2014, with a<br />
requirement for all high-risk venues to operate a linked identification scanner to prevent banned persons from<br />
entering licensed premises. It included temporary and long-term banning orders, linked to the ID scanner system,<br />
barring individuals from entering venues on the basis of antisocial and violent behaviour, plus a requirement for<br />
licensees to record daily alcohol sales and report these quarterly. These particular measures were constructive.<br />
They focused on the individuals who caused trouble and did not treat everyone as equally troublesome, but they<br />
never had a chance to work.<br />
Less than a month later, on New Year's Eve 2013, before these changes were really in effect, 18-year-old<br />
Daniel Christie was killed from a one-punch assault. Even though the punch occurred at around 9 pm, the New<br />
South Wales government announced even more restrictions for after midnight. In addition to stricter sentencing, it<br />
introduced 1.30 am lockouts and 3 am cessation of alcohol service applying across an expanded entertainment<br />
precinct. These provisions came into effect on 24 February 2014. Clubs, hotels, general bars and on-premises<br />
licences within the CBD or Kings Cross are not allowed to let people into their venues after 1:30 am. People<br />
already in a venue before 1.30 am can stay until the close of business. They are able to leave at any time, but if<br />
they leave after 1.30 am they are not able to re-enter during the lockout period or gain entry to any other venue<br />
subject to the lockout. These venues are not allowed to sell or supply liquor after 3 am. If it trades after 3 am, the<br />
venue can remain open for dining or entertainment but is not allowed to serve liquor. Liquor sales cannot resume<br />
until the commencement of the next trading period.<br />
Other measures included a ban on takeaway alcohol sales after 10 pm across New South Wales and a freeze on<br />
new liquor licences and approvals across the new Sydney CBD entertainment district. It did not escape anyone's<br />
attention that the casino was exempt from the lockout regime.<br />
A review of the lockout laws was commissioned by the New South Wales government, undertaken by former<br />
High Court Justice Ian Callinan QC. His report was released two months ago. He recommended reducing the<br />
lockout period by half an hour and allowing home delivery of alcohol up to midnight. For those who believe in the<br />
individual rather than the collective, and who thought Mr Callinan did as well, the report was a serious<br />
disappointment. Easing last drinks restrictions by half an hour will not return Kings Cross to its former glory.<br />
Allowing late night entertainment at the Cross without alcohol will not help much either. In fact, inviting<br />
international visitors to view our budding artists while choosing between soft drinks will make us a laughing<br />
stock. And the hundreds of young people in the hospitality, entertainment and tourism industries who became<br />
unemployed will not get their old jobs back.<br />
The ridiculous thing about all this is that the lockout laws would not have prevented the assaults that led to the<br />
formulation of the laws in the first place. The assaults occurred relatively early in the evening. In fact, absolutely<br />
none of this makes any sense. Why can't Sydneysiders be trusted to stay out past 2 am? Is there something in the<br />
water that means Melburnians can stay out late but not Sydney people? Why can Sydneysiders be trusted to visit<br />
Melbourne and stay out late but not vice versa? And does all of this have more to do with that madness where<br />
governments have come to believe that they must act as our de facto parents? Perhaps this kind of result is to be<br />
expected if you allow people who have forgotten the last time they had a good time to set the rules for a party.<br />
Prominent amongst such people have been the doctors associations, populated by those who have grown bored of<br />
making people feel better and now just want to tell them how to live their lives.<br />
There are the residents associations who are concerned about where things happen. Whether it is smoking,<br />
drinking, playing music or anything else they disapprove of, it is definitely not something they want in their<br />
neighbourhood. It is known as NIMBY, or Not In My Backyard. But it is also known as Now It's My Backyard,<br />
which refers to those who move into an area and start complaining—and there are plenty of those in the Kings<br />
Cross area. And, of course, there are the wowsers and moralists who live in constant fear that someone<br />
somewhere might be having a good time, including the hypocritical moralists who think it is okay to ban alcohol<br />
consumption but are relaxed when it comes to drugs such as ice.<br />
Sydney should be Australia's most vibrant city. It has a glorious history of naughtiness that dates back at least<br />
to when the convicts were unloaded onto the shores of Port Jackson in 1788. As Sydney grew, Kings Cross<br />
became the place where sailors on shore let off steam. It has provided rites of passage for thousands of Australians<br />
and has been the one place in Sydney where bohemians and artists have felt at home. Somehow they have<br />
coexisted with us for decades without harming anyone and without needing to be told when to go to bed. There<br />
CHAMBER