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NSW government keeps review of clubs and pubs penalty regime under wraps

So the New South Wales Government is asking MPs to vote on the changes to the three strikes law as early as this week.

There’s one problem.

It’s not providing details about its review of laws designed to crack down on misbehaving pubs and clubs.

Racing minister Paul Toole has introduced the bill which winds back key aspects of the "three strikes" law that has pubs facing the loss of their licence for serious breaches under the Liquor Act. Clubs face the ultimate penalty of the removal of a licensee.

The legislation removes the automatic nature of a first strike for a breach.

It also reduces the types of breaches attracting a strike.

The three strikes rule remains in place.

But it will be softened with a venue's licensee getting the right to appeal to the Independent Liquor and Gaming Authority after six months to have it removed for good behaviour.

According to Mr Toole, these sorts of changes are much more finely targeted. And, he says, the six-month review mechanism aims to encourage licensees to operate responsibly.

The changes come in the wake of former High Court judge Ian Callinan’s  review of the three strikes regime, all done in parallel with his statutory review of the controversial 1am lockout and 3am last drinks laws.

The review of the lockout and last drinks laws was released by the government in September last year, and the government brought in trial easing of restrictions.

Mr Toole is keeping the three strikes review under wraps.

Under the changes, a strike will apply to the licensee, not the venue. That comes after extensive lobbying by the industry which claimed that the rule was actually seeing banks revalue businesses.

Mr Callinan's review "advised that there were problems with the current scheme", Mr Toole said.

"The government's immediate reforms are firmly targeted at addressing these problems to improve the overall effectiveness of the scheme," he told reporters. 

by Leon Gettler, May 24th 2017