Independent Liquor & Gaming Authority Liquor Licence Applications GPO Box 7060 SYDNEY NSW 2001 3 December 2019 Re: Northern Sydney Local Health District Health Promotion submission regarding Chatswood

Monkey Bar’s Extended Trading Authorisation (Licence No. H400112297) Thank you for providing the opportunity to comment on Chatswood Monkey Bar’s application to extend trading hours. Northern Sydney Local Health District has an active interest in measures to prevent or reduce alcohol-related harm such as malicious damage, interpersonal violence, accidental injury and long-term health impacts. We also have a history of working to reduce the potential of alcohol outlets to be a source of alcohol for minors through initiatives such as the “Online Liquor Gets Audited (OLGA) Project”. We do not support the granting of Chatswood Monkey Bar’s application for a proposed increase to trading hours due to the following concerns: The applicant concedes that “the prolonged availability of access to liquor has the potential to have adverse impacts on those members of the community with alcohol related problems”. According to the application site notice the hotel already has an extended trading authorisation, which currently permits trading from 7am – 3am from Monday to Saturday and 7am – 12am on Sundays. This additional extended trading authorisation proposes an extra hour trading from Monday to Saturday until 4am, which represents a substantial increase of 6 hours per week. A 2015 Evidence Check conducted by Livingston identifies a strong association between the volume of alcohol sales and rates of alcohol-related harm in a given area1. We believe this increase in permitted trading hours, in addition to the current extended trading authorisation, to be excessive and not in the public interest. The applicant contends that the hotel has lower patron numbers after midnight, citing a 2018 patron count as evidence. This is particularly problematic as the applicant will be relying on only a handful of drinkers and gamblers to offset the operational costs of opening for an additional hour each day between 3am and 4am. This has the potential to result in harmful alcohol consumption and problem gambling habits. The suburb of Chatswood already has an oversaturation of licences with Extended Trading Authorisations (17) in relation to the community they serve. This is evidenced by a saturation rate that is 63% higher than the state average2. We have concerns that Chatswood CBD’s night-time economy is already over-reliant on the sale and consumption of alcohol and the granting of this extended trading authorisation will place an even greater emphasis on licensed premises and detract from the development of a diverse, safe and vibrant entertainment precinct. The hotel is also located within close proximity to services supporting individuals that would be particularly vulnerable to increased access to alcohol and gambling facilities (see figure 1). Chatswood Monkey Bar is situated 120m from Sydney Counselling Centre, a service providing psychological assessment and intervention services for alcohol and drug addiction disorders, major depression, eating disorders and post-traumatic stress disorders. It is also only 450m from Recovery Central, who specialise in addiction

1 Livingston M., Wilkinson C., and Room R., Community impact of liquor licences: An Evidence Check rapid review brokered by the Sax Institute (www.saxinstitute.org.au) for the NSW Ministry of Health. 2015 2 Liquor Licence Saturation Rates by Suburb obtained by Liquor and Gaming NSW via Ministry of Health, 2018

counselling and psychology and 750m to Odyssey House, which provides a service for adults with alcohol and drug dependencies. Increasing trading hours, and therefore access to alcohol and gaming machines until 4am, will place the already vulnerable clients of these support services further at-risk.

Figure 1 - Proximity of Chatswood Monkey Bar to local drug and alcohol services

Crime, Health and Socio-Economic Evidence A 2001 study undertaken by the Bureau of Crime Statistics and Research (BOCSAR) in NSW identified a substantial increase in the percentage of alcohol-related assaults and offensive behaviour commencing from 6pm and remaining high until 6am the following day3. The most recent NSW statistics are consistent with this earlier research with 34% of non-domestic alcohol related assaults in NSW currently occurring between 12am and 6am (see graph 1 below). This is also reflected more locally, with almost a third of all non-domestic alcohol related assaults in the Willoughby local government area perpetrated between 12am and 6am4. This data reaffirms the most comprehensive study of late-night trading hours changes undertaken in Norway, which found that each one-hour change in allowable hours was associated with an equivalent change of 16% in recorded assaults5. This is particularly relevant to the proposed Extended Trading Authorisation as the applicant is proposing to extend trading for an additional hour until 4am from Monday to Saturday, a period identified as having elevated rates of alcohol-related assaults and offensive behaviour. Graph 1 – Non-domestic alcohol related assault incidents in NSW by time of day from July 2018 to June 2019

34%

13%

49%

4%

12am - <6am

6am - <12pm

12pm - <6pm

6pm - <12am

Source: Bureau of Crime Statistics and Research

3 Briscoe, S., Donnelly, N., Temporal and regional aspects of alcohol-related violence and disorder. Alcohol Studies Bulletin, 2001 4 Bureau of Crime Statistics and Research, Suburb_AlcRel_Time_Day19Q2. Available at http://crimetool.bocsar.nsw.gov.au/bocsar/. (Accessed 11/11/2019) 5 Rossow I, Norstrom T. The impact of small changes in bar closing hours on violence. The Norwegian experience from 18 cities. Addiction (Abingdon, England). 2012;107(3):530-7.

- Chatswood Monkey Bar

- Sydney Counselling Centre

- Odyssey House

- Recovery Central

The applicant states that local crime rates are significantly lower than the NSW rate. Whilst the suburb of Chatswood has had a lower alcohol-related assault rate than the NSW average, there has been a sharp increase in the most recent quarter to June 2019 (see Graph 2)6. This spike in alcohol-related assaults is a particular cause for concern when determining the likely social impact this additional extended trading authorisation will have on the local community.

Graph 2 – Alcohol related assault rate in the suburb of Chatswood from July 2017 to June 2019

Source: Bureau of Crime Statistics and Research

The current licence is also located within a “high” hotspot for alcohol-related assaults. This indicates that a higher proportion of these offences are occurring within close proximity to the proposed premises. Figure 2 places Chatswood Monkey Bar within the alcohol-related assault hotspot, which covers the Chatswood CBD.

Figure 2 – Hotspots for incidents of alcohol related assault from July 2018 to June 2019

Source: NSW Bureau of Crime Statistics and Research

6 Bureau of Crime Statistics and Research, Crime Mapping Tool. Available at: http://crimetool.bocsar.nsw.gov.au/bocsar/ (Accessed 11/11/2019)

Similarly, Figure 3 highlights that Chatswood Monkey Bar is located within a “high” hotspot for domestic assaults. According to the NSW Coroner’s Domestic Violence Death Review Team Report 2015-2017, of the 77 reported homicide cases where offenders were identified, 49% of abusers had a history of problematic alcohol use7. Furthermore, 38% of abusers were using alcohol at the time of the fatal incident4. The review team provides recommendations for implementation by government and non-government agencies to reduce the incidence of domestic violence causing deaths. The most recent 2015-2017 report made an unprecedented recommendation relating to licensed premises, to reduce the risk of domestic violence related deaths in locations where incidents are known to be occurring. This recommendation states:

Recommendation 14: “When making determinations regarding any alcohol licensing related applications in areas identified by the NSW Bureau of Crime Statistics and Research as domestic violence ‘hot spots’, apply the following criteria:

- For any applications pertaining to an extension of trading hours, or the development of new liquor outlets or bottle-shops in domestic violence hot spots, there should be a rebuttable presumption against granting the application.7”

The Report on the Government Response to this Report states that Recommendation 14 is “Supported in Principle”8. We call upon the Independent Liquor and Gaming Authority to support the NSW Government’s endorsement of Recommendation 14 outlined in the abovementioned report and refuse this extended trading authorisation as the premises is located within a “high” hotspot for domestic violence and the applicant has not provided sufficient evidence to indicate that the increase in trading hours won’t increase domestic violence related assaults.

Figure 3 – Hotspots for incidents of domestic assault from July 2018 to June 2019

Source: Bureau of Crime Statistics and Research

The alcohol-attributable health impacts and social data for Willoughby are provided below, and provide additional context as to why this extended trading authorisation should be refused, to limit any further negative impacts to the local and broader community. 7 NSW Domestic Violence Death Review Team Report 2015-2017. State Coroner’s Court of New South Wales, Department of Justice, 2017 8 NSW Coroners Court website, Domestic Violence Death Review Team Report 2015-2017 Government Response. Available at: http://www.coroners.justice.nsw.gov.au/Documents/DVDRT%20Report%202015-17%20-%20Government%20response_received%2029June2018(for%20web).pdf (Accessed 14/06/2019)

Willoughby LGA’s alcohol-attributable hospitalisation rate has consistently exceeded the NSW average over the past 15 years. The most recent data from the 2016-18 period indicates that the Willoughby LGA currently has an 11% higher alcohol-attributable hospitalisation rate than the NSW average9. Graph 3 below compares the rate of alcohol-attributable hospitalisations for the Willoughby LGA and the NSW average since 2001.

Graph 3 – Willoughby LGA Vs NSW Alcohol-Attributable Hospitalisation Rate

Source: Healthstats NSW

The applicant contends that alcohol-attributable hospitalisations covers a broad range of hospitalisations including those caused by long term heavy alcohol usage such as liver failure, pancreatitis, cancer and immune system dysfunctions, and that these health impacts are more associated with takeaway liquor in private residences. This statement fails to acknowledge the considerable contributing role on-premises licences such as hotels play in developing harmful drinking habits and subsequent chronic diseases. The applicant also states that “data for alcohol problems (presentation to emergency departments) would be more relevant in this scenario”. As the local health authority, we have made the following data available to provide further context to the health-related harms currently experienced by the local community. There were 687 Emergency Department (ED) alcohol-related visits to the nearby Royal North Shore Hospital in 2018, which is located just 3km away from Chatswood Monkey Bar10. 253 of these presentations (37%) were classified as ‘late night visits’, occurring between the hours of 10pm and 6am10. These presentations place Royal North Shore Hospital’s rate of late night alcohol visits per 1,000 unplanned ED visits 17% higher than the state average.10 The Willoughby LGA is a relatively affluent area overall, with a SEIFA index of disadvantage score of 1,083. However, pockets of disadvantage exist within the locality and these must be given due consideration in the context of this application. According to an analysis of the 2016 Census of Population and Housing by atlas.id, the Chatswood CBD has the highest proportion of low income households in Willoughby City, with 19.8% of households earning less than $650 per week11. This figure demonstrates that Chatswood CBD has a higher proportion of low income households than both Greater Sydney (15.1%) and New South Wales (17.8%)11. Two hundred and fifty of these households (which are particularly susceptible to alcohol and gambling-related harms) are located in the immediate vicinity (approximately 250m) of Chatswood Monkey Bar. Of particular concern is the fact that 96 households (20%) within the Regency residential complex, which is located directly above this hotel, are identified as low income (see figure 4).8

9 Healthstats NSW website, NSW Combined Admitted Patient Epidemiology Data and ABS population estimates (SAPHaRI). Centre for Epidemiology and Evidence, NSW Ministry of Health 10 Emergency Department Presentations by LGA and Hospital obtained via NSW Ministry of Health, May 2018 11 Atlas.Id – Willoughby City Council, Low income households, 2016. Available at https://atlas.id.com.au/willoughby (Accessed 11/11/2019)

Figure 4 – Low income households in the Regency apartment complex above Chatswood Monkey Bar

Source: Atlas Id

Findings from the Household Expenditure Survey 2009-2010 highlight that the most disadvantaged portion of the population spend a larger proportion of total household income on alcohol12. Similarly, a 2017 research report conducted by the Australian Gambling Research Centre (Australian Government) identified those who experience problem gambling were over-represented among people with a low income. Problem gamblers in low income households also spent the greatest proportion of their household’s disposable income (27%)—equivalent to four times the average yearly household utility bills, and more than half the grocery bills, of that income group13. This has particular relevance to health as money spent on alcohol and gambling cannot be spent on essential food and medical costs. The additional alcohol consumed and gambling revenue generated during the proposed extended trading hours for Chatswood Monkey Bar will place this already vulnerable portion of the community further ‘at-risk’. As mentioned previously, Chatswood Monkey Bar is located directly underneath the Regency residential apartments and opposite a townhouse complex located at 5 Help St, Chatswood (see images 1 and 2 below). It is reasonable to expect that a hotel located within such close proximity to residential dwellings and permitted to trade until 4am will have a negative impact on the amenity of these local residents, particularly in regards to noise, disorderly conduct and malicious damage. The latter impact is of particular concern due to Chatswood Monkey Bar falling within a high crime hotspot for malicious damage to property.

Image 1 – Regency Tower A: Residential building Image 2 – 5 Help St, Chatswood: Townhouse located directly above Chatswood Monkey Bar complex (photo taken from outside the premises)

12 Yusuf, F., Leeder, S.R., Making sense of alcohol consumption data in Australia. Medical Journal of Australia, 203(3): 128-30, 2015. 13 Armstrong, A., & Carroll, M. (2017). Gambling activity in Australia. Melbourne: Australian Gambling Research Centre, Australian Institute of Family Studies.

Chatswood Monkey Bar

96 low income households

Finally, NSLHD Health Promotion offers the following responses to the claims contained within the Social Impact Assessment:

Customer convenience: The applicant states that the additional operating hours will provide a positive benefit to those who wish to partake in the Hotel’s food and drink facilities, as well as its gaming machines. However, this customer convenience argument is largely negated by the fact that these offerings are already available at both the Chatswood RSL Club and Orchard Tavern until 4am, which as the applicant states, are “both within close proximity of the Hotel”.

The character of the locality’s patrons using the gaming machines: The SIA suggests that a lack of self-exclusions is evidence that patrons of the Hotel are unlikely to engage in problem gambling. This appears to be a spurious interpretation of evidence that may actually reflect a lack of help-seeking behaviour among problem gamblers.

Willoughby Council has proposed to encourage after-dark businesses to boost vibrancy: The applicant has referenced a Daily Telegraph article (also included as Annexure 10) highlighting Willoughby Council’s intention to stimulate Chatswood’s night-time economy, presumably to indicate that this application aligns with Council’s plans for the CBD. However, the applicant omits the fact that the article refers to small bars, which have a considerably lower risk profile than hotel licences (particularly those with extended trading authorisations), and a diverse night-time economy which isn’t predicated on alcohol. Furthermore, the article explicitly references Council’s refusal of Chatswood Monkey Bar’s development application to extend trading hours until 4am (which was later overturned by the Land and Environment Court), indicating that this application does not align with Council’s vision for the CBD.

The anticipated harms generated by this increase in trading hours at the Chatswood Monkey Bar will place the local community at an unacceptable level of risk. We therefore strongly recommend that this extended trading authorisation application be refused.

Recommendation: 1. That the Chatswood Monkey Bar’s Extended Trading Authorisation (Licence No. H40011229) be

refused

If you have any questions, please do not hesitate to contact Jonathon Noyes, NSLHD Health Promotion (Lower North Shore) at 02 9462 9568 or jonathon.noyes@health.nsw.gov.au.

Kind regards,

Paul Klarenaar Director NSLHD Health Promotion