Rule changes for intoxicated people on premises

Vulnerable patrons will be safer on a night out under new reforms that give NSW venues the ability to keep intoxicated people on premises while they wait for transport or medical assistance, rather than requiring their immediate removal.

The change forms part of the Minns Labor Government’s third tranche of vibrancy reforms, to be introduced to parliament next week, aimed at improving safety and revitalising the state’s night-time economy.

Minister for Music and the Night-time Economy John Graham said: “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.

“There’s no vibrancy without safety. So as we increase vibrancy it’s imperative we also improve safety and this measure will protect people when they’re at their most vulnerable.

“We’ve had venues pleading with us to change this law so they can keep their patrons safe. This will allow venues to establish their own measures to help intoxicated patrons get home or medical help.

Currently, the Liquor Act requires licensees to immediately remove intoxicated patrons from their venue to maintain compliance with responsible service laws. However, operators have long argued that this rule can expose vulnerable individuals to greater risks, including violence, sexual assault or being struck by a vehicle.

Michael Rodrigues, the NSW 24-Hour Economy Commissioner said: “For years good operators have talked to me about their preference to be able to assist patrons who need it, rather than having no choice but to ask them to leave. This is a response to that ask. 

“Importantly, venue operators will be able to decide how this will work for them within their venue, while keeping patron safety at the forefront.”

Night Time Industries Association (NTIA) CEO Michael Gibb added: “Creating a safe and inclusive night-time economy starts with protecting both the people who work in it and those who enjoy it. These reforms reflect a practical, people-first approach that prioritises care and accountability.

“Allowing staff to monitor and assist patrons in need is exactly the kind of approach the NTIA has been calling for. One that empowers venues to act responsibly and keep people safe, rather than forcing them onto the street.

“We welcome the NSW Government’s continued focus on safety as the foundation for a thriving, modern nightlife.”

Under the proposed amendments, venues will have the discretion to allow intoxicated patrons to remain on-site under supervision until safe transport or medical assistance is available. Venues must still adhere to harm minimisation requirements, including prohibiting intoxicated patrons from entering gaming areas or being served additional alcohol.

Director of Liquor and Policing at AHA NSW John Green said: “This change makes sense – it means we can look after people at risk of harm until transport or medical care can be arranged. The current laws make venues remove patrons from the premises when they are most vulnerable.

“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, and the Government should be applauded for this reform.”

While implementation will differ between venues, the harm minimisation principles remain consistent across all licensees. The updated approach allows operators to exercise discretion, enabling them to prioritise patron safety and wellbeing over the immediate removal of intoxicated individuals.

Liquor & Gaming NSW will work with industry to provide education, guidance and resources to help venues develop appropriate processes to implement the change safely and responsibly.