Anti-Discrimination Board
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Alcohol free zones in New South Wales

- What is an Alcohol-Free Zone?
- Who can apply for an Alcohol-Free Zone?
- Who does Council need to consult before making a decision about an Alcohol-Free Zone?
- What must Council send to the Anti-Discrimination Board if proposing an Alcohol-Free Zone?
- More information

What is an Alcohol-Free Zone?
The drinking of alcohol is prohibited in an alcohol-free zone that has been established by a council in New South Wales. Public places that are public roads or car parks (on public or Crown land) can be included in a zone. Private car parks (being on private land and not under the control of the council) cannot be included. Alcohol free zones promote the use of these roads, footpaths and carparks in safety and without interference from irresponsible street drinkers.

Alcohol-free zones should primarily be located adjacent to outlets supplying alcohol where drinkers congregate. In the absence of such an outlet a zoning should be considered only in exceptional circumstances.


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Who can apply for an Alcohol-Free Zone?
A person living or working within an area, the local police or a local community group can ask a council to establish an alcohol-free zone or a council itself may decide to do so. A proposal to establish an alcohol-free zone must in all cases be supported by evidence that the public's use of those roads or carparks has been compromised by street drinkers. For example, there could be instance of malicious damage to property, littering, offensive behaviour or other crimes.

Where a problem with irresponsible street drinking exists only in relation to a special event within the local area, an alcohol-free zone may be established only for that special event.


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Who does Council need to consult before making a decision about an Alcohol-Free Zone?
The law says that all councils with an Aboriginal population of 1000 or more, must send a copy of the proposal to the Anti-Discrimination Board of New South Wales to invite representations.

The reason for councils sending the proposals to the Board is for us to check for the likelihood of any discriminatory impact on Aboriginal or ethnic groups in the area. Council must consult with these groups and inform the Board of any objections to the creation of the zones.


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What must Council send to the Anti-Discrimination Board if proposing an Alcohol-Free Zone?
Council must send to the Board's Head Office in Sydney:
  • proposal for creation of the zone;
  • a map of the relevant area with the proposed zone highlighting any liquor outlets;
  • the names and contact addresses and phone numbers of recognised Aboriginal and / or ethnic groups who have been consulted about the proposal(s);
  • a statement of reasons supporting the proposal(s).

When reaching a final decision about the proposed zone, council must take into account the Board's advice.
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More information
If you need more information about alcohol-free zones you can contact the Anti-Discrimination Board's Enquiries and Conciliation Branch at the Sydney Office.
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