A conversation about the lockout laws

GSA had a conversation with Andrew Jolliffe, Managing Director of NSW Ray White Hotels, and John Whelan, CEO of Australian Hotels Association NSW. They shared their opinion about the process of the formation of the lockout laws. This view adds to the multifaceted perspectives about the lock out law reform. Underpinning the best solution is an outcome which reduces incidents and allows industry to thrive.  

Following several terrible incidents including the tragic death of two young men, the NSW State Government took a reactive approach by implementing the lockout laws in Sydney.

There is on-going furore over the policy makers handling of the lockout laws. The laws have smashed the culture and livelihood of Sydney’s iconic hospitality industry, however it appears that the issue of violence has not actually been controlled.

Andrew Jolliffe, Managing Director of NSW Ray White Hotels believes the solution was forced down without consultation from all relevant parties. He vents his frustration, “I don't know a single, reputable, stakeholder who would have neglected the opportunity to engage with policy makers and the community to debate and construct a framework for the harmonisation of patron/public safety, public amenity and business longevity”.

Jolliffe has an in-depth understanding of the hospitality industry. He is a well-known face to hoteliers across Sydney and feels their frustration on a daily basis. The ignorance of opportunity has been much more painful than the financial loss. He said “All positive steps commence following positive discussions between all industry stakeholders”.

The culture of violence needs to be changed, “[It is] hard to imagine any outcome other than abject failure; particularly when pegged against the opportunity for wholesale reform with a greater prospect of longevity. The venues were not the problem, the crippling factor was the anti-social behaviour and violence."

Right now, assault levels at licensed venues right across NSW are at their lowest levels since records began. Assault levels were dropping before the lockout measures were put in place and are continuing to do so thanks to the hard work of hoteliers, police and their communities. CEO of Australian Hotels Association NSW, John Whelan, gives credit where it is due, “It’s important to firstly acknowledge that assault levels at licensed venues across NSW are at the lowest levels on record. That is a great achievement.”. Whelan and the AHA have a membership of more than 1,800 licensed premises and just as importantly they represent more than 75,000 people employed in the industry in NSW.

Whelan shares in similar frustration over poor policy. “We saw the introduction of blanket measures that unfairly penalise many safe, well-run venues with a proven track record of compliance. Imposing blanket measures on everyone, regardless of whether or not they are a good or bad operator, is poor policy.”

The impact it has had on business owners is unmissable. Whelan commented “Hoteliers have made decisions and invested money under one set of rules only to have the goalposts moved without consultation. There have been substantial business and staff losses”.

Jolliffe added “With the resultant impact, in many circumstances, total destruction of value. In some cases, this has meant that wholly compliant and professionally run business operations have been completely destroyed; many of the businesses have taken decades to build.”

Jolliffe posed a potential solution that “The matter really deserves a tripartite approach which marries the potential for legislative reform with the combination of greater legal requirement for the management of personal actions, and augmented powers and resources for police and other critical services.”. Whelan is in agreement “The long-term aim must be to bring about cultural change that will render violence, including drunken violence, unacceptable at any level in our society.” 

Claudia McEwen, 22, created the Wake up Foundation. The not-for-profit organisation is driving a cultural change in Australia concerning violence, alcohol misuse, drugs, sexual assault and peer pressure. She is delivering informative and empowering presentations at schools to start the conversation at an early age. 95% of students who have attended Wake Up presentations have stated ‘yes’ to the question "Did this presentation make you think about your future choices?". This shows the effectiveness of Wake Up's education program. Wake Up understands that there must be some regulations in place to protect the public. However, Wake Up maintains that there must be an equilibrium between the laws to protect the public and the civil rights of all people to enjoy a vibrant, engaging nightlife culture.

Day-to-day what I see is a passionate industry filled with people who love people and who are more determined than ever to thrive despite the tough conditions. The people of NSW love to have fun and we can all see this in the public movement to “Keep Sydney Open”. The industry is responding, it is evolving and exciting venues are opening all over the state. The policy makers need to step up now too and engage all stakeholders in a thoughtful policy in the best interests of all.

 Luke Ricketson