A LAST-DITCH effort to curb the relaxation of Newcastle's lockout laws has been thrown out of court.
Residents, represented by University of Newcastle academic and inner-city resident activist Tony Brown, put an application to the NSW Civil and Administrative Tribunal (NCAT) to have changes to the lockout laws reviewed.
The NSW Liquor and Gaming Authority made a decision mid-last year put an end to the "Newcastle Solution" lockout restrictions, which started in 2008 in response to high alcohol violence rates.
In their claim, Mr Brown, on behalf of the two residents, argued that the liquor authority had relied on incorrect, or inappropriate provisions of the NSW Liquor Act.
Other aspects of the Act which afford "public procedural and substantive fairness, transparency, objectivity and impartiality", were excluded, the claim said.
Initially, the claim related to all of the 17 Newcastle licensed venues who participated in a trial lifting of the rules, which included lockouts, stopping patrons moving between premises after 1.30am, and a limit on the sale of shots and cocktails after 10pm.
During the NCAT proceedings, it came down to two venues, the Rogue Scholar and the King Street Hotel.
Mr Brown said it was a very technical argument, in a complex jurisdiction.
The report which the liquor authority relied on failed to consider key alcohol harm minimisation provided in the legislation, he said.
"By any reasonable stretch of the imagination, there should have been a very much stronger re-examination of the harm consequences of relaxing those laws," Mr Brown said.
"This is a substantial denial of procedural fairness," the claim said.
"Some of these considerations included the 'overall (cumulative) social impact of the licence, authorisation or approval being granted will not be detrimental to the well-being of the local or broader community'."
Chair of the liquor authority Caroline Lamb said Newcastle's lockout laws were scrapped last year because the city had "matured" and high alcohol crime was confined to a handful of venues.
The lockout provisions and alcohol restrictions across the CBD and Hamilton were ended despite rising assaults during a 2022 trial of relaxed licensing conditions in the city.
But that data had not been very specific, Ms Lamb said.
"Alcohol-related violence rates can look very high, even though they are confined to particular venues," Ms Lamb said.
In his judgement, handed down in December, senior member of the NCAT Appeal Panel Craig Mulvey found the tribunal did not have jurisdiction to review the decision in the terms and via the channels sought.
Issues raised included that residents living within 50 metres of the venue could seek a review, but not those within 100 metres.
