Decision details

Moved by Deputy Lord Mayor Councillor Miller, seconded by Councillor Arkins –

It is resolved that:

(A)      Council note that:

(i)         the NSW Government has introduced several legislative and policy changes known as the “Vibrancy Reforms” that aim to improve the night-time economy in NSW by simplifying regulation, removing red tape, supporting outdoor activation and modernising the liquor licensing system;

(ii)        at the NEON Forum hosted by the Office of the 24 Hour Economy Commissioner in October 2025, the recently appointed Police Commissioner, Mal Lanyon, publicly stated that he supported the Government's Vibrancy Reforms;

(iii)      the Objects of the Liquor Act 2007 as stated in section 3 include:

(1)(c) to contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries.

(2)(d) the need to support employment and other opportunities in the—

(i) live music industry, and

(ii) arts, tourism, community and cultural sectors;

(iv)      NSW Police may recommend that conditions be imposed on individual liquor licences, with such recommendations generally emanating from Police at the local level;

(v)       the Police have proposed licensing conditions through an application to the Independent Liquor and Gaming Authority on the Marlborough Hotel;

(vi)      venue operators have raised concerns that such conditions are onerous, unduly restrictive and are inconsistent with the objects of the Liquor Act 2007 as set out above and the NSW Government’s Vibrancy Reforms, to the extent that they undermine the intent and successful implementation of these reforms, including: mandatory facial recognition technology, restrictive dance floor capacity limits of one person per square metre, and post-midnight drink restrictions (Marlborough Hotel, Newtown); and

(vii)     onerous and restrictive police measures have been demonstrated to have a devastating impact on the City of Sydney’s late-night economy, and that by 2026, over half of the city's music venues had shuttered in the decade following the lockout laws introduction, according to the NSW Government’s own reporting. Financial impacts were estimated by Deloitte to be $16 billion in forgone revenue per annum;

(B)      the Lord Mayor be requested to write to the Minister for the Night-time Economy, Minister for Police and Minister for Gaming and Racing requesting that they initiate such legislative and policy change to ensure when NSW Police recommend that conditions be imposed on liquor licenses, such conditions advance the Objects of the Liquor Act as set out above and the intent of the NSW Government’s Vibrancy Reforms and support the successful implementation of these reforms;

(C)      the Chief Executive Officer be requested to write to the Commissioner of Police and the 24 Hour Economy Commissioner requesting that they take action to ensure that when local police recommend that conditions be imposed on liquor licensees that any such conditions advance the Objects of the Liquor Act as set out above and the intent of the NSW Government’s Vibrancy Reforms and support the successful implementation of these reforms; and

(D)      City of Sydney Councillors agree to co-signing a submission to the Independent Liquor and Gaming Authority to oppose conditions imposed by police on the Marlborough Hotel as circulated.

Carried unanimously.

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