By Andrew Starke
Justin Hemmes has lost his bid to have George Street bars Ivy and Establishment excluded from restrictions that will be enforceable from midnight tonight (Nov 30).
The two popular CBD venues have been listed as level-two venues under regulations that come into force at midnight.
The NSW Government recently named 66 licensed venues that will face new restrictions aimed at reducing alcohol-related assaults and anti-social behaviour, with both Ivy and Establishment classified as level-two venues (12 to 18 reported assaults a year), which must comply with three conditions:
• Ceasing alcohol service 30 minutes before closing;
• No glass or breakable containers after midnight; and
• Alcohol time-outs or the provision of free water and food for ten minutes every hour
after midnight.
The Sydney Morning Herald website reports that lawyers for Hemmes Trading argued to the Supreme Court that the plaintiff had not been afforded procedural fairness and disputed whether several alleged assaults should have been attributed to the venues.
When the case returned to court today, Justice Hoeben indicated he would dismiss the summons. He will hand down his reasons tomorrow.
The SMH said lawyers for Hemmes Trading may seek a stay on the decision pending an appeal.
TheShout will look at the case in more detail on Wednesday.