Bars in NSW have been thrown a lifeline during the COVID-19 pandemic, with Liquor & Gaming NSW announcing liquor licensing changes.
These changes will include allowing licensed premises that do not currently have authorisation for the sale of liquor consumed away from the premises to provide take-away or home delivery services.
During a press conference on Sunday night, Prime Minister Scott Morrison announced that from midday on Monday, registered and licensed clubs, licensed premises in hotels and pubs, entertainment venues and cinemas, casinos and nightclubs would shut, along with cinemas, gyms and indoor sporting venues.
However, bottle shops, supermarkets, petrol stations, pharmacies, convenience stores, freight and logistics and home delivery were all given the green light to continue operating.
Liquor & Gaming NSW has since noted that it recognises that the COVID-19 pandemic has created an exceptional set of circumstances and will have significant impacts on the businesses.
The department said: "Liquor & Gaming NSW appreciates that exceptional circumstances require flexibility on the part of the regulator."
Customer Service Minister Victor Dominello said: "We've got to think of the health of the people, but we've also got to think of the health of the economy and we are transitioning to a takeaway and delivery economy as we fight coronavirus."
Arrangements to apply while orders are in force
As not all licensed premises are authorised to sell alcohol for consumption off the premise, Liquor & Gaming NSW said it will take a "common-sense and pragmatic approach to enforcing the liquor and gaming laws". In particular, it is recognised that the risk profile of certain venues has changed and measures put in place to manage these risks are, in the current environment, largely redundant.
"While legislative requirements remain in force, Liquor & Gaming NSW will have regard to the unprecedented pressures on industry and take a reasonable and proportionate response to compliance," it noted.
This includes where a licensed premises, such as a restaurant, café or small bar, does not have authorisation for the sale or supply of liquor for consumption away from the premises, but wishes to provide take-away or home delivery services.
"Liquor & Gaming NSW will generally take a supportive and educative approach to compliance with these requirements during this time except in cases of significant risks to patrons or the community, and will also take into consideration genuine attempts to comply with licence conditions and other requirements," the department said.
It is important to note that compliance and enforcement activity will continue, but with a primary focus on matters that pose significant risk to public safety and community wellbeing, and in particular the sale or supply of alcohol to intoxicated persons or minors. These offences are considered to be some of the most serious under the Liquor Act 2007 and attract significant penalties, up to and including a term of imprisonment.
Changes to the Liquor Regulation 2018 will be progressed to provide certainty to these arrangements. This compliance approach will remain in place until such time as changes can be made to the Liquor Regulation 2018 to formalise these arrangements, or for as long as the Public Health (COVID-19 Places of Social Gathering) Order 2020 remains in force, unless otherwise advised.
Executive Director of Policy and Strategy for Liquor & Gaming NSW, John Tansey, said small bars, restaurants and cafes who hold a valid liquor licence can shift their operating models immediately to take advantage of the relaxed laws.
There are no current limits on the volume of alcohol that can be supplied or the type of alcohol, however this compliance approach is intended to help small bars, restaurants and other licensed venues maintain business rather than become defacto bottle shops.
If premises are operating beyond the spirit of the compliance approach, Liquor & Gaming will consider further regulatory changes.
Small bars welcome the liquor licensing changes
Sydney MP Alex Greenwich, who pushed for the liquor licensing changes, told the Sydney Morning Herald: "This will be especially important for small bars, which wouldn't otherwise have had an income but have a very loyal customer base who want to support them and their speciality offerings during these difficult times."
For example, Dulcie's in Kings Cross is devising a model that will offer cocktail delivery, but also takeaway shakers, rentable glassware and access to the in-house playlist so customers can have "the full Dulcie's experience" in their living room.
"This door-to-door delivery service for us would be the difference between weathering the storm or not," owner Brandon Martignago said.
"All of these cocktails would come with proper garnishes, proper descriptions, they would even come with coasters from the bar."
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