Regulating Noise Levels in Licensed Premises
The NSW Government’s latest initiative is transforming how communities thrive after dark, offering an intuitive approach to managing the night-time economy. By regulating operating hours and controlling noise levels in licensed venues like pubs, clubs, restaurants, and entertainment hot spots, this initiative aims to balance vibrant nightlife with community well-being, ensuring everyone enjoys a better night out. This change is expected to enhance the overall experience of the night-time economy and contribute to a more peaceful community.
The Liquor Act 2007 is the principal legislation that governs noise from licensed premises such as pubs, clubs, restaurants, and other entertainment venues that supply and sell alcohol. Noise is also regulated by Local Councils under the Environmental Planning and Assessment Act 1979 by way of conditions imposed on new development. This division of responsibilities has led to a fragmented and sometimes inequitable noise management regime in NSW.
The recent enactment of the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 on 1 July 2024 is a strategic response by the NSW Government to noise management of nighttime activities. The new Act amends the Liquor Act 2007 and Regulation, the Gaming and Liquor Amendments Act 2007, the Environmental Planning and Assessment Act 1979 and the Local Government Act 1993. The general thrust of the amendments is that a condition of development consent regulating noise levels imposed by a Local Council does not apply if the premises are within a “special entertainment precinct” and are the subject of a noise management plan.
A ‘Special Entertainment Precinct’ can be a single premises, a precinct of premises or a streetscape. This designates an area where:
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Amplified music that is played in the area is regulated by or under a law other than the Liquor Act 2007; and
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Requirements about noise attenuation apply; and
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Dedicated live music and performance venues are authorised to trade for an additional 60 minutes under the Liquor Act 2007, section 12A(4).
A Special Entertainment Precinct may be established by identification of the area in either a local environmental plan or state environmental planning policy. Once a Special Entertainment Precinct is identified, the region council must prepare a noise management plan for the precinct and notify stakeholders specified in section 202(5)(b) of the Local Government Act 1993. Once a Special Entertainment Precinct is established, any condition of development consent imposed by the local council on the operation of the premises inconsistent with the noise management plan ceases to have effect to the extent of the inconsistency.
The amendments are designed to increase nightlife in NSW, reflecting the broader public interest rather than an individual’s private concerns with noise levels. Furthermore, the amendments will provide certainty for established venues facing challenges due to noise complaints from surrounding neighbours. Noise management plans will set expectations for noise levels within Special Entertainment Precincts, and complaints can only be made if venues do not comply with the noise levels in the noise management plan.
Special Entertainment Precinct: Enmore Road, Enmore NSW 2042
In April 2023, the NSW Government approved Inner West Council’s planning proposal to make Enmore Road a Special Entertainment Precinct, one of Sydney’s primary entertainment and hospitality hubs.
The Enmore Road Special Entertainment Precinct has become NSW’s first permanent Special Entertainment Precinct. As a result of its success, Inner West Council is considering implementing six (6) new special entertainment precincts located in:
In conclusion, the NSW Government’s innovative approach to regulating noise levels in licensed premises offers a promising balance between vibrant nightlife and community harmony. The creation of Special Entertainment Precincts is a step toward more streamlined noise management, providing greater certainty for venues and ensuring residents’ concerns are addressed. The success of Enmore Road as the first permanent precinct shows the potential for these reforms to enrich NSW’s cultural and social landscape.
For developers and stakeholders navigating these regulatory changes, expert guidance is essential. Madison Marcus offers comprehensive Planning, Environment, and Government services to help developers seamlessly manage compliance, development approvals, and environmental considerations. With a deep understanding of evolving regulations, Madison Marcus can assist in ensuring your projects align with both legal requirements and community interests, ensuring smooth progress from planning to completion.
Additional Insights
· Special entertainment precincts | Planning (nsw.gov.au)
· Vibrancy Reforms | NSW Government
· Enmore Road Special Entertainment Precinct | Your Say Inner West (nsw.gov.au)
· Special Entertainment Precincts | Your Say Inner West (nsw.gov.au)
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