The clock ticks for Iemmas liquor and planning reforms for small bars

With deadlines due today for submissions on new liquor regulations as well as on new processes for entertainment included in Frank Sartors rewrite of NSW planning laws, the small bars movement is clearly indexed to two of the biggest reforms of the current term of the Iemma Government.

Whilst the Department of Gaming and Racing have tabled a tight regulation with very little wriggle room, things are very much different over in the Department of Planning where draft legislation tabled for entertainment and licensed premises include duplication and a lack of clarity - although the overall direction is very positive.

The inclusion of section 124 B Development for which operating hours review condition may be imposed in proposed planning laws that equips a council with the ability to order a review of trading hours flies in the face of existing controls, and begs the question, "What is wrong with the development application procees in the first place if a council cannot get it right then?".

What is not made clear either is under what conditions such a review can be requested. Existing premises already have:

• Conditions on their liquor licence (often including conditions specific to entertainment)
• Compliance with noise guidelines under the POEO Act
• Conditions on their original consent
• A current fire safety certificate
• A plan of management
• An occupancy certificate

With an additional ability for a council to request an amenity complaint included under section 79 of the new liquor laws, one wonders if the brain responsible for section 124B has any idea of what other people in their own or related departments are doing? - any inkling at all that Gaming and Racing have a new liquor act?

Proposed amendments to the Complying Development category in the same draft, however, can be seen as a positive move for licensed premises, giving more flexibility, particularly where Heritage items are involved.

- And of course, the shining iridescent icon at the heart of the matter - the exemption of smaller premises from NSW PoPE compliance provided conditions are met (now included in draft planning laws)- is the key to the puzzle, the fundamental remaining ingredient for the success of the small bar movement, and the single most important regulatory reform for the cultural development of the state of NSW.

With both liquor and planning laws due to commence from July 1, Frank Sartor, Graham West, and Morris Iemma are on track to kick some very big goals for NSW, - unless the public servants and parliamentary counsel of the department of planning quietly shaft them by discreetly derailing the intended PoPE reform in the weeks ahead.