23 September 2020

Dr MARJORIE O'NEILL (Coogee) (16:12:27): I contribute to debate on the Liquor Amendment (24‑hour Economy) Bill 2020, which is a vital but well overdue piece of legislation that, with Labor's amendments, will allow the soul to return to Sydney as well as towns and cities across New South Wales. In its current form, the bill does four main things. It consolidates three sanctions schemes under the Liquor Act into one integrated demerit points-based scheme; introduces a new framework to help manage density areas with large concentrations of licensed premises and alcohol‑related problems; enhances the regulation of same‑day alcohol deliveries in order to minimise the risks of minors or intoxicated people accessing alcohol through these services, and lifts standards for delivery to be comparable to those that apply to shops; and includes various reforms to remove red tape and reduce regulatory overlap, particularly to help support more live music and entertainment at licensed premises. These are all things that Labor supports.

However, the bill falls short. Firstly, it fails to give councils the power to remove conditions from development approvals—a critical inclusion. Without this step, nothing will change. The bill also fails to remove bans on live music or restrictions on mirror balls and dance floors or those that make cover bands compulsory. At the heart of every great cultural city is a thriving, diverse and engaging night‑time economy. The culture and leisure elements of city life are a huge reason why people choose to live, work and play in cities and an even larger reason for tourism from interstate and overseas visitors. As we look forward to a hopefully not too distant future where travel is back on the menu, it is our responsibility as legislators to allow our cities and towns to find their personalities again and set them up to take the best advantage of a post-pandemic financial recovery. The eastern suburbs has always been a fertile spot for up and coming musicians—from fantastic small venues like Little Jack Horner that has done an amazing job at creating a live and local soundtrack of up and coming musicians to our summer afternoons, right through to the famous Selina's at the Coogee Bay Hotel.

That iconic live music venue has been a drawing card for over 40 years with headlining acts, including Nirvana, INXS, the Foo Fighters and The Preatures, as well as featuring shows performed by the former Federal member for Kingsford Smith and his garage band, otherwise known as Midnight Oil.I long to see the glory days of live music returning to the eastern suburbs and returning to the streets of towns and cities across this great State.It is our responsibility as legislators to facilitate the business and creative leaders of our great State in taking the lead in creating a vibrant, dynamic, safe and accessible night-time economy once again.

The Government's approach to the night-time economy has long been solely focussed on alcohol. Like every vibrant night-time economy, alcohol and licenced venues play a role but Labor wants a broader discussion about music, entertainment, culture and tourism—all the things that make a city great. This bill includes nothing on the broader opportunities that a thriving night-time economy can bring. In many case studies across the globe we see it as the foundation of so many of our creative industries—from music live performances, comedy, theatre to fashion, art and media, as well as the supply chains and hospitality businesses that deliver on our night-time events and the interlinked public transport options that can get us there and back safely. As the pandemic has pushed even more shopping online, the vitality and viability of our high streets and major shopping precincts are at further risk. Without the shopfronts open and the lights on, many of our city centres and local high streets could become empty, forgotten and even more dangerous places to be at night.

Without a broader scope from this bill, without greater imagination for what our night-time economies could be, too many of our vibrant city areas may not survive the pandemic and could spiral into decline in just months. The bill only represents a solution to an old set of problems: Problems brought about by this Government's lockout laws and its broad and insipidus distaste for fun. The impact of the pandemic lockdown has further threatened night-time businesses and jobs exacerbated by the previous impacts of the lockout laws. After six long years of lockout laws our favourite, iconic venues have only survived through hard work, endless pivoting, jumping through hoops and creative innovation, but we can no longer let them bear this burden alone.

In order to survive and to emerge from this pandemic in the best position to help us out of this serious economic downturn the industry needs regulatory and financial support from members in this place. It is clear from the joint select committee's report on Sydney's night-time economy that each sector within the broader night-time economy is need of financial support. These businesses are drowning in the face of an economic tidal wave and there is no fiscal lifeboat in sight. The role this Government has played in closing down our city is significant and must not be forgotten but by amending the bill the Opposition hopes to begin to rebuild our city as a true, global and culturally vibrant place.

Recently, the Victorian Government announced $28.2 million in specific assistance packages for live music venues, on top of an $87.5 million fund to support a transition to outdoor dining and performance. The New South Wales Government has done nothing in this space, despite the desperate cries from industry. The pre-existing night time regulation in this State, as well as the lack of fiscal support, is hugely impacting jobs figures and the livelihoods of thousands of people across New South Wales. According to a report by Deloitte Access Economics in 2019, the economic dividend could be up to $16 billion a year just by reorientating our policies to promote a thriving night-time culture and economy, based on modelling on Sydney alone.

Regrettably, New South Wales is also currently regarded as one of the most restricted jurisdictions in the OECD when it comes to performance. In a recent Music NSW survey, 85 per cent of venues suggested they may close in the next six months to nine months without further regulatory and fiscal support. Locally we have already seen these results play out. Overlooking Coogee beach and Coogee Oval there was once a venue called Old Dave's Soul. That little hidden gem featured a diverse range of live music every night of the week, and provided an amazing opportunity for local bands and early career musicians to play live and receive that all important direct audience feedback. Unfortunately, that fantastic local bar did not last through the age of this Government's crackdown on live music; it was forced to shut down in 2018.

The bill does nothing to remove or even lighten the restrictions on live music, nor does it address the restrictions on mirror balls and dance floors. Labor will be moving amendments to remove the current bans an restrictions on live music. The omission of this element from the Government's legislation is damning and shows how out-of-touch are those opposite with the music industry and the formula needed to resurrect Sydney's nightlife. Labor loves live music—always has, always will. I am hopeful that this change, along with further recommendations from the short inquiry in the other place, will provide a road map forward to bringing the soul back to our city. I acknowledge and thank the Hon. John Graham, MLC, for his important work with key stakeholders to