By Eryk Bagshaw
NSW Police and liquor inspectors will be given powers to strip licences from bars and restaurants that fail to keep staff and patrons safe through new laws that will put major hospitality companies including Merivale and Swillhouse on notice.
The legislation is in response to the year-long Sex, Sleaze and Hospitality investigation by this masthead and 60 Minutes, which revealed allegations Swillhouse ousted female staff after they reported sexual assaults, encouraged workers to have sex with customers and take drugs while on shift, and discriminated against women.
NSW Night Time Economy Minister John Graham. Credit: Nikki Short
The investigation also revealed claims Australia’s largest hospitality company, Merivale, exploited women, facilitated drug use, ignored sexual harassment, and underpaid staff while serving VIPs with political and criminal links as it grew its $3 billion empire. Both companies have denied the allegations.
The state government said the licensing changes will allow inspectors and police to remove individuals from the industry and “cancel or suspend the liquor licences of venues that are notorious for a culture of inappropriate behaviour”.
The legislation will give the Independent Liquor and Gaming Authority broad powers to “determine if someone has failed to act in a fit and proper manner”.
“The safety of our hospitality workers and their customers in NSW is simply non-negotiable,” said Labor’s Night-time Economy Minister John Graham.
“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.”
But enforcement will remain a challenge. In 2023-24, there were four licensees that had their licences suspended and six venues accumulated multiple demerit points out of almost 18,000 licences across the state, according to the Independent Liquor and Gaming Authority’s annual report. The number of licences under its remit has grown by more than 1000 since 2020.
The authority will now be able to target staff, not just licensees, by cancelling Responsible Service of Alcohol cards of employees who have perpetrated harmful behaviours, including sexual assault, preventing them from being sacked for misconduct at one venue, only to be rehired elsewhere days later.
Members of the Sorry Not Sorry collective, Alex Hooker, Jenna Hemsworth and Rachelle (Rocky) Hair. Credit: Jacqueline Jane
The NSW government made sexual violence prevention training compulsory for all bar staff working in pubs and clubs across the state last year following the Swillhouse scandal. But the latest tranche of laws is a major escalation in enforcement powers for authorities following months of fresh revelations across the industry that have triggered investigations by SafeWork NSW and the Fair Work Ombudsman.
Graham thanked the Sorry Not Sorry collective, led by Swillhouse whistleblowers Rachelle “Rocky” Hair, Jenna Hemsworth, Alex Hooker, Britt Rowe and Reuby Kahl, for their input into the legislation and for advocating against abuse, assault and discrimination in the industry.
Minister for Work Health and Safety Sophie Cotsis said she welcomed “tougher sanctions for venue owners, licensees, managers and staff who fail to ensure a safe workplace for both staff and patrons”.
The legislation has been backed by sexual violence support services and key industry lobby groups, including Clubs NSW, the Night Time Industries Association and the Australian Hotels Association.
“Those who fail to uphold safety standards tarnish the reputation of the entire hospitality industry. ClubsNSW welcomes this announcement from the Minns Labor government — these reforms are a great step towards holding bad actors accountable and ensuring consistent, high-quality safety practices across the industry,” said ClubsNSW chief executive Rebecca Riant.
Full Stop Australia chief executive Karen Bevan said the reforms reflect the evidence that sexual violence and workplace sexual harassment are preventable.
“Going to work or enjoying a night out free from sexual violence and harassment is a right and accountability for businesses failing to comply meets community expectations,” she said.
“Implementing further training and resources for venues to implement these reforms will be an important next step.”
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He was previously North Asia correspondent. Reach him securely on Signal @bagshawe.01Connect via Twitter.
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