Decision Maker: Council
Decision status: Recommendations Determined
Minute by the Lord Mayor
To Council:
On 9 September 2025, the NSW Productivity and Equality Commission (‘the
Commission’) published its report, Review of regulatory barriers
impeding a vibrant 24-hour economy (‘the Report’).
When he launched the Report, the Minister for the Night-Time Economy
(John Graham) observed that for a long time night-time policy had a “moral
tinge”, was more about “keeping people safe from themselves” and motivated by a
belief that “nothing good happens after dark”. He said that the NSW Government
had “worked hard to rebuild our night-time economy”, through its “vibrancy
reforms” but there was more work to do “to harness its full potential”. The
Commission’s report and recommendations may inform future tranches of these
reforms.
The Report’s 55 recommendations are grouped into three broad areas:
·
Making it easier to open and run night-time
businesses, with recommendations for continued development of Special
Entertainment Precincts, proportionate regulation for low-risk development and
adapting the planning system for new and evolving business models.
·
Getting around and home safely, including
recommendations to make public transport at night more predictable, accessible
and frequent.
·
Understanding and promoting the State’s
night-time economy with recommendations for better communication with
enforcement agencies, Councils and businesses, strengthening public perceptions
of nightlife and addressing data gaps to improve decision making.
City of Sydney
action
The City has a
strong history in identifying issues impacting the night-time economy and in
implementing measures to address these which are aligned to the Report's
recommendations.
Our 2019 amendments
to the Late Night Trading Development Control Plan (DCP) provided a
"framework for fun" by establishing new late-night trading areas,
enabling low-impact venues to trade later and provided incentives for licenced
premises to provide live entertainment. Our 2021 Open and Creative Reforms have
enabled shops to trade until 10pm in the city centre and on village high
streets without requiring a development application.
We streamlined
outdoor dining approvals, and since 2020, we have waived outdoor dining
application and licensing fees offering support worth $20 million. We have now
made this fee waiver permanent. Almost all businesses with outdoor dining have
told us it is beneficial, or crucial, to their business - more than half have
had an increase in turnover of around 20%. Many have employed new staff or
increased staff hours – an estimated 200 jobs have been created from our free
outdoor dining.
Our $32 million
upgrade of Crown Street is creating a more attractive streetscape with more
space for outdoor dining and for displaying goods on the footpath. The City has
also spent over $300 million transforming George Street into a pedestrian
boulevard, which has attracted $8 billion of private investment and is now
enticing crowds of people sitting and walking, eating and drinking, shopping
and chatting with friends.
This year, we made
further DCP changes to safeguard live entertainment venues. New residential
development near existing venues or 24-hour late-night trading areas are now
required to be built to a standard that protects residents from existing noise.
Likewise, new or substantially changed venues need to be built to a standard
that provides existing residents reasonable amenity.
To further
incentivise venues, we have enabled earlier and later trading hours and
extended trial periods for longer trading hours to reduce the need for a
development application (DA).
Work is now under
way to enable our existing late-night trading areas to become Special
Entertainment Precincts, unlocking additional benefits for nightlife
businesses. This includes additional liquor licence hours and discounted liquor
licence fees. It creates opportunities for more areas to benefit from a diverse
and vibrant night-time offering, while also providing greater certainty for
businesses.
The City is doing
this work in line with the NSW Government’s Guidelines which requires us to
carry out sound studies and develop precinct management plans with a framework
around compliance and sound management. As they prepare these plans, staff will
consider managing waste, cleansing and anti-social behaviour as well as
encouraging a diverse range of night-time activities which are accessible,
inclusive and affordable for everyone. The City will prepare a draft Planning
Proposal and DCP that will be reported to Council in early 2026.
We have also taken
action to improve safety at night and to promote Sydney’s nightlife, consistent
with the Report’s recommendations. The City has introduced initiatives such as
the Oxford Street Pride Charter, PrideVis security
vests, and late-night safety walks with NSW Police to promote inclusion,
safety, and trust with LGBTIQA+ communities. It also coordinates a Pride Care
Space during Mardi Gras, providing young people with hydration, nutrition, and
support services.
The Report
I have long advocated to State Governments
for many of the reforms recommended in the Report, including harmonising liquor
licensing and planning approval processes and improvements to late night public
transport.
I welcome recommendations to increase the
frequency of and access to public transport at night. I strongly suggest the
NSW Government trials later services so everyone, including workers, can get
home safely and affordably when venues close, especially on weekends and in
high-activity areas such as Oxford Street and the city centre.
Vehicle speeds are generally higher at night
in the City Centre and main streets, yet the Report overlooks measures like
30km/h limits in late-night precincts that could support activation and improve
safety.
Many of the Report’s recommendations are
likely to have significant implications for Councils if adopted including those
relating to development approval processes, length of trial periods, heritage
uses and zoning changes. It is important that we fully understand these
implications, and where necessary the NSW Government engages with Councils
before they are adopted.
The Report explicitly acknowledges that many
impacts on nightlife and the night-time economy are outside the scope of its
review. These include staff shortages, higher costs of operating businesses at
night, cost of living, and the competing attraction of staying at home. Nor
does it address the need for additional funding to support many of the proposed
initiatives which rely on local Councils, precinct-based groups and local
businesses supporting and delivering outcomes.
Even so, the Report makes an important
contribution to identifying actions to further revitalise our nightlife. In
welcoming it, we are committed to continuing to work with the NSW Government,
nightlife businesses and the community to ensure that the recommendations are
implemented in a way that deliver social, cultural and economic benefits
without having adverse or unintended impacts.
the Rt HOn
CLOVER MOORE AO
Lord Mayor of Sydney
Moved by
the Chair (the Lord Mayor), seconded by Councillor Miller –
It is resolved that:
(A)
Council
welcome the NSW Productivity and Equality Commission report, Review of
regulatory barriers impeding a vibrant 24-hour economy and commend the Minister
for the Night-Time Economy, the Hon. John Graham MLC for commissioning this
review;
(B)
Council
note that the City of Sydney has implemented measures to make it easier for
businesses to trade at night, improve safety at night and promote Sydney's
nightlife consistent with many of the Report's recommendations and is currently
working to enable our existing late-night trading areas to become Special
Entertainment Precincts, unlocking additional benefits for nightlife
businesses;
(C)
the
Lord Mayor be requested to write to:
(i)
the
Minister for the Night-Time Economy commending him for commissioning the Report
and informing him that the City is willing to work with the NSW Government in
implementing the Report’s recommendations in a way that delivers social and
economic benefits without having adverse or unintended impacts;
(ii)
the
Minister for Transport requesting him to implement the Report’s recommendations
to improve frequency of and access to public transport at night, as well as
trialling later public transport services especially on weekends and in
high-activity areas;
(iii)
the
Minister for Roads requesting her to consider lowering speed limits to 30km/h
in late night precincts to support activation and improve safety; and
(iv)
the
Minister for Planning and Public Spaces and the Minister for Gaming and Racing
requesting them to proceed with implementing the Report’s recommendations
relating to harmonising and integrating liquor licensing and development
approval processes and offering the City of Sydney as a trial area for that to
happen; and
(D)
the Chief Executive Officer be requested to:
(i)
review
the Report’s recommendations and provide Council with advice on the
implications for local government if the recommendations are adopted; and
(ii)
liaise
with the NSW Productivity and Equality Commission, the Office of the 24 Hour
Economy Commissioner and any other relevant NSW Government agencies requesting
them to address any issues arising from this review.
Carried
unanimously.
S051491
Report author: Erin Cashman
Publication date: 22/09/2025
Date of decision: 22/09/2025
Decided at meeting: 22/09/2025 - Council
Accompanying Documents: