My ongoing doctoral research at the University of Newcastle's Law School is revealing a web of influence of the alcohol lobby over our decision-making process and the rule of law. Safety conscious Novocastrians and their most trusted public institutions are being railroaded by a pumped-up pub lobby and their political supporters.

On July 1 this year, a local emergency doctor and I briefly met with Victor Dominello, Liberal Minister responsible for alcohol and gambling, One Nation MLC Mark Latham and Tim Crakanthorp, our Labor local MP, to allegedly enable them to listen to the community. They took no notes of the meeting, but we were assured this meeting was not a token community consultation 'tick the box' exercise. We advocated a collaborative evidence-based objective outcome and identified there was room to move on both sides. All the assurances provided by these politicians evaporated within 24 hours.

The Independent Commission Against Corruption (ICAC) interim report into political lobbying provides a guide on the safe engagement process between public officials and lobbyists. The ICAC identified the impartial exercise of power, transparency and accountability as key controls to reduce the risk of corruption. Importantly, the ICAC identified that public officials are accountable for "both the process utilised as well as for the ultimate decision or determination of the lobbied proposal".

In my opinion, there are unresolved governance concerns relating to the political responses to the alcohol lobby's demands to weaken Newcastle's licensing conditions.

The committee established by Mr Dominello to supervise and evaluate a trial of weakened conditions for a small number of licensed premises in the first instance, appears to bypass the existing, more transparent legal pathway contained within the NSW Liquor Act (Act). Any disgruntled licensee can apply (accompanied by a small fee) to the NSW Independent Liquor and Gambling Authority (ILGA) to vary their conditions.

The public cannot be assured of the impartiality, objectivity and merit outcome of the trial when the committee includes some parties who have already public supported the weakening of the current conditions. The committee includes:

- licensees of smaller bars who will financially benefit from the trial of weakened conditions. This raises conflict of interest concerns.

- the Labor mayor and local MP, politically appointed as our 'community representatives' notwithstanding their long-running support for scrapping the Newcastle conditions. The Liquor Act does not define a local council and MP as the 'community'.

- A One Nation chairperson who advocated for the interests of Newcastle's smaller bars as a member of the 2019 Joint Sydney lockout law Inquiry that was constrained to Sydney CBD and Kings Cross precincts.

Newcastle council also has a conflict of interest as it owns some CBD licensed premises. And, senior police's neutral membership risks becoming politicised as the alcohol lobby seeks to legitimise the predicable outcome of weakened conditions and the inevitable flow on to bigger and later trading venues.

ILGA is also on this committee. It has a statutory obligation to remain scrupulously impartial from all stakeholders including government and industry and, to uphold the existing provisions of the NSW Liquor Act.

It risks tarnishing its reputation for impartiality and fairness by continued participation on a committee containing some parties who are demonstrably disinterested in impartiality, ongoing genuine public inclusiveness and transparency. ILGA has never met with local residents, medical experts and emergency workers disaffected by preventable alcohol harms and ongoing disturbances in Newcastle's CBD.

Unlike courts, its deliberations remain mostly closed to the public and media.

There is no safer bet for an outcome favouring the alcohol lobby while ignoring the city's more serious alcohol problems associated with existing high rates of alcohol-fuelled domestic and non-domestic violence and public health harms.

There are also no assurances that the bigger pub and club owners will not win a similar weakening of their conditions in early 2021 based on an alleged loss of competitive advantage and irrelevant comparisons with new Sydney conditions.

On July 3, 2020 I warned the minister of conflict of interest concerns and questioned his appointment of Mr Latham, the committee (with no public terms of reference) and reliance on questionable Statements of Regulatory Intent to bypass provisions of the Act. My email remains unanswered.

What also is at stake is a loss of public confidence in the NSW justice system and Newcastle's remarkable gains in reducing alcohol-fuelled violence while building business prosperity. Longer and stronger service of alcohol within the COVID pandemic remains however, a deadly cocktail mix.

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