New law supports venue dress code

In response to concerns from industry, the NSW Government has made changes to the Liquor Act 2007. The changes mean that a licensee has a common law right to refuse entry to their venue, or evict people from the venue, which is now recognised by section 77(13) of the Liquor Act.

Recently, the industry sought advice from OLGR about using dress codes to prevent people from wearing clothing, jewellery or other accessories that could increase the risk of violence or anti-social behaviour in their venues, such as potential conflict arising from the wearing of outlaw motorcycle gang colours. Advice was also sought on whether licensees are legally entitled to enforce dress codes. Licensees can have a significant impact on patron behaviour in their venues by setting rules which determine what is acceptable. Dress rules can impact on the tone, comfort and safety of a venue.

For many years, licensees have implemented dress codes or standards at their venues to ensure a minimum standard of clothing is worn given the nature and/or operation of their venue. For example, dress codes have prevented certain types of footwear or clothing of a particular style or condition, such as thongs, singlets and dirty or torn clothing.

Government reforms

In June, the Government initiated changes to the Liquor Act to address the issue of dress codes. As a result, the new section 77(13) was added to the Liquor Act. This new provision makes clear that the liquor laws do not limit any other right a person has to refuse to admit a person to, or to turn a person out of, licensed premises.

This should ensure that licensees can legally enforce dress codes as long as they comply with the Anti-Discrimination Act 1977 and the requirement that their venue must be open to any member of the public (see section 28 of the Liquor Act).

Licensees need to be reasonable with their dress codes. Venues may wish to seek professional advice as to whether their dress codes and standards comply with the law.