The much-anticipated Callinan Review tome into Sydney’s punitive licensing laws has finally arrived after six months, producing the required officially unquestionable grounds upon which to do nothing.
Over 1800 people and businesses made complex submissions to the process, intellectual debates raged over the destruction of Sydney’s nightlife and live music scene, thousands rallied in the streets and even more hoped for a definitive solution that would help restore Sydney’s vibrancy while actually addressing any real problems.
The Callinan Review, fronted by the Hon. Ian Callinan AC QC, was mandated by the Government to assess all benefits and downsides of the 1:30am lockout, 3am closure and 10pm bottleshop closure laws.
“In my opinion, the objectives of the Amendments are valid,” said Callinan in his Executive Summary.
This reference is, of course, specifically to the idea that the raft of laws – referred to in the report as the ‘Amendments’ – were intended to reduce patronage and alcohol consumption, which would in turn reduce the “inevitable” onset of alcohol-related violence.
“I have formed the view that the two Precincts at night were grossly overcrowded, violent, noisy, and in places dirty, before the Amendments, but that after them, they were transformed into much safer, quieter and cleaner areas.”
This ‘mission accomplished’ tone continues through the report, with a skilful display of dismissing anecdotal evidence on the grounds of being unproven. Although there are exceptions, such as those claims made by the medical profession, which is collectively granted assumed integrity on the basis of “the least or no self-interest”.
“We know that each hour in trade results in significant increase in domestic violence statewide,” Dr John Crozier of the Royal Australasian College of Surgeons said in the Sydney Morning Herald, without citation to the claim.
“That, in the view of the College of Surgeons, is not a justified risk,” said Crozier in response to the Callinan Review’s suggestion that the state-wide closure of bottle shops at 10pm could deserve a trial of the later closing time of 11pm, but …
“It needs to be understood however that such an extension may elevate the risk of domestic violence,” said Callinan in his Executive Summary.
The Review collected data and statistics from many sources, particularly the likes of BOCSAR (Bureau of Crime Statistics & Research) and Liquor & Gaming.
Amongst figures influential to conclusions, the Review referenced the reduction in visitors, “more so probably in Kings Cross” and mentioned an unspecified “survey by the Department of Justice”.
Figures by City of Sydney, taken from pedestrian data gathered at more than 50 locations through the city, showed late-night foot traffic down a catastrophic 80+ per cent in both Kings Cross and Oxford St precincts, following their post-midnight peak periods.
“No statistics that I have seen show a reduction of pedestrians by anything like 80%. Estimates and counts that I have seen show a reduction of 20% (for the period midnight to 4am),” says the Review.
It was not specified why the CoS data was not made available for the Review, nor that of the transport system for Kings Cross or the CBD, despite that not being the case outside the city.
“Opal card data for Newtown railway station shows a growth of some 129% for the night time period in 2014-2016.”
Other comparisons brought into the discussion were less exposed to specific scientific scrutiny, particularly similarities drawn between Sydney (pop. 4.92 million) and Newcastle (pop. 308,000) versus Melbourne (pop. 4.53 million).
“I do not accept that the lockout laws have not contributed to a major reduction of violence in Newcastle. The experience in Melbourne, for the reasons I have earlier stated, is different from that of Sydney.”
The differences with Melbourne, it is mentioned, centre around its non-centralised entertainment precincts and smaller venues – although the Summary pretexts this with admission “I have not been able to obtain reliable, relevant Melbourne statistics”.
But in the Review section titled ‘Economic Effect’, where Melbourne’s “brief” and “ambiguous” lockout laws in 2008 are dissected and dismissed, it serves better purpose to draw similarities. “Melbourne has faced similar problems to those in Sydney associated with late night consumption of alcohol, and the density of venues and, consequently, with patrons attending them.”
DID LICENSEES ADAPT?
“People nowadays tend to start and end their nights out much later than in the past,” said Callinan in his Executive Summary. But in terms of the reduction of opportunity to musicians and licensees, “I am not satisfied that all providers and customers have done all they could to adapt their programmes and habits respectively.”
Kings Cross’ World Bar was detailed amongst the submissions, with responses to GM Greg Turton. World Bar detailed how six bands previously played on Friday nights, but now there is only enough interest for two bands. The Bar has engaged a PR company, renovated the front of the building, rented out an upstairs space and converted the nightclub into a theatre.
“None of these seemed to be directed towards the programming of live entertainment, or encouraging customers to adapt their behaviour by attending his establishment within the changed hours,” replied the Review.
In Conclusion, and not without consternation, Callinan offered in his Executive Summary there may be some room for some relaxation of the Amendments.
“In the end, and not without some hesitation, I have formed the opinion that whether the withdrawal or variation of the measures would impair the achievement of the legislative objectives could only be determined after a trial period and experience of them in a reduced form.”
This ray of light comes in the form of a half-hour extension to the lockout – to 2am – and cessation of sale of alcohol – to 3:30am – for “genuine entertainment venues”. This is, of course, only “so long as live entertainment is being generally continuously offered throughout the evening until then.”
But it is yet another potentially reckless move, “not a justified risk” as the College of Surgeons impartially says, and this must be considered.
“It needs to be understood again however that such a relaxation carries the risk of greater density and consumption of more alcohol in the Precincts,” warns the Review.
While personal accountability, the removal of personal liberties, and massive street demonstrations warranted no mention in the Review, there was healthy respect for the burden on the taxpayer. Suggestions from opponents to the Amendments such as broader, later public transport and increased police presence were shot down as “costly” to the system.
However, despite the acknowledgement that “individual and freedom of movement and choice are important aspirations” and that revenue from licensing derives only $17 million compared with the $81 million cost of the administrator, the conscientious cost-watching stopped short of reducing resources required to police the draconian restrictions on Sydney and Kings Cross licensed venues.
“Lockout laws have saved lives,” pronounced Minister Baird … but evidence for the claim was not provided.