First Occupancy Rights for NSW Venues

[Hitman]

Dear Members of the NSW Music Industry,

WE NEED TO ACT NOW

I suspect you would all be aware of the new Liquor Laws open for comment with NSW Department of Gaming and Racing. Although still behind other states the drafted Bill proposes that The Director (of Department of Gaming and Racing) in dealing with complaints considers the order of occupancy.

In industry terminology we have for some time known this as "First Rights", which exists in other states but not yet recognised in NSW, and able to be used as a defence by a licensee where a resident has made a complaint, thereby protecting the existence of the live venue.

Department of Gaming and Racing are currently calling for submissions regarding the draft bill available at http://www.dgr.nsw.gov.au/ on their legislation page. - There also exists a summary in layman's language to make it easier for us.

Given recent media coverage The Department of Gaming and Racing have received a large number of responses from NSW residents who are concerned about the "order of occupancy" clause and consequently the music industry's point of view is not currently adequately represented.

In order to prevent this clause from being removed from the draft bill, as this will have a direct impact on your business, we implore you to take to your computers and or pens and write to the Department of Gaming and Racing letting them know that you support the inclusion of the "order of occupancy" clause in the management of complaints.

All submissions should be made in writing to:

liquorbill@dgr.nsw.gov.au (email)

or

Rewrite of the NSW Liquor Laws
Department of Gaming and Racing
GPO Box 7060
SYDNEY NSW 2000

The final date for receipt of submissions is THIS FRIDAY 10 February 2006.

Please pass this email onto clients, mailing lists and other industry contacts that will take up the fight to keep Live Music Venues Open.
Feel free to contact Jane or Millie at MusicNSW if you would like more information regarding the new drafted Liquor Act, The Vanishing Act or The Issues Paper.

Thanks all,


Jane


Jane Powles
Director - Corporate
MusicNSW

Troy Horse Building
Level 3, 44-54 Botany Road,
Alexandria NSW 2015
jane@musicnsw.com
http://www.musicnsw.com
P: 02 96 999 706
F: 02 96 999 763