The third phase of the Vibrancy reforms were passed in the New South Wales Parliament in November to continue support of the music and cultural sector and the state’s night-time economy.
The Vibrancy reforms, which first came into effect in July 2024, are being expanded to encourage a vibrant night life across NSW that does not come at the cost of safety.
Tougher sanctions are now in place for NSW hospitality staff, licensees and venue owners who fail to ensure a safe workplace for both patrons and staff.
After concerning allegations regarding some licensed Sydney venues and their workplace culture, the Minns Labor Government has been endeavouring to make it easier to both cancel or suspend a venue’s liquor licence and remove specific individuals from the industry if they are responsible for a culture of inappropriate workplace behaviour.
The grounds for cancelling or suspending a liquor licence have been broadened to cover situations where a licensee fails to address or prevent significant risks to staff or patron safety, including risks related to sexual assault.
Both ILGA (Independent Liquor & Gaming Authority) and the NSW Police will hold the power to take a licence away, while Liquor & Gaming NSW (L&G) can apply to ILGA to make a complaint.
These reforms also make it easier for ILGA to revoke the Responsible Service of Alcohol (RSA) competency card of any individual who has engaged in harmful conduct, including sexual assault.
This ensures that those who have been fired for misconduct will be unable to be rehired at another venue.
ILGA also has the discretion to decide whether an individual has failed to act in a fit and proper manner.
Since October last year, the mandatory RSA and licensee training has included specialised training around sexual harassment and sexual violence prevention.
Licensee training has also been revised to incorporate the responsibilities of employers under the Federal Government’s Respect@Work legislation.
The reforms have also extended a venue’s scope to protect vulnerable patrons by no longer being required to immediately remove an intoxicated person, instead allowing them to remain on the premises while staff actively monitor them until transport or medical assistance arrives.
Other key changes in this round of reforms include streamlined processes for removing outdated licence conditions, including the removal of restrictive noise, amenity and development consent conditions affecting live music and entertainment, and allowing L&G and ILGA to set expiry dates on new conditions to keep them relevant.
Patron and staff safety measures are strengthened through broader powers for ILGA to remove high-risk individuals from the industry and improved provisions for managing intoxication.
Live music reforms expand eligibility for the performance incentives scheme, while operational flexibility increases through options such as temporary indoor boundary changes, extended absences for approved managers, lifted midnight trading restrictions for outdoor boundary changes (subject to council approval), and extended trading for minister-declared special events.
Changes slated for 2026 will create a fee-free pathway to amend late-night trading conditions, prompt a proactive review of glassware restrictions, and allow clubs to seek approval to host functions off-premises.
John Graham, Minister for Music and the Night-time Economy, said that while it was important to get the 24-hour economy back on track, the safety of hospitality workers was non-negotiable, thanking hospitality worker collective Sorry Not Sorry for their engagement in advocating against abuse, assault and discrimination within the industry.
“These reforms increase the ability for us to weed out the wrong people from an industry that is reliant on young people, often women, willing to work late in settings where the danger of sexual assault increases in lockstep with poor management,” he said.
Sophie Cotsis, Minister for Work, Health and Safety said the tougher sanctions were welcome.
“SafeWork NSW is recruiting 51 new inspectors, which includes 20 psychosocial-focused inspectors and five psychosocial investigators, as part of a $127.7 million investment to improve workplace mental health and safety.
“Strengthening our inspectorate force means stronger enforcement on psychological hazards like bullying, harassment, and treating workers with respect.
“Our government is also establishing the Psychosocial Advisory Service, as part of a broader effort to create psychologically safer workplaces across the state.”
Mick Gibb, CEO of the Night Time Industries Association, also welcomes the move, saying the initiative will bolster work that is already underway across the sector.
CEO of ClubsNSW Rebecca Riant said while registered clubs are the safest venues in NSW, ClubsNSW welcomes the announcement. “These reforms are a great step towards holding bad actors accountable and ensuring consistent, high-quality safety practices across the industry.”
