How these requirements apply to licensed premises
In 2023, the NSW Government passed the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 to boost the night-time economy. These reforms benefit live music, hospitality and creative industries. You can learn more about the reforms on the NSW Government website.
The reforms transfer certain noise complaints to Liquor and Gaming NSW, including complaints about licensed premises producing entertainment sound.
The vibrancy reforms do not apply to development applications for unlicensed premises.
How we assess entertainment noise in planning applications
Councils continue to assess noise under the Environmental Planning and Assessment Act, in accordance with Planning Circular PS 24-003. Noise criteria are based on Australian standards and NSW EPA noise policy for industry. Specific technical standards apply to development applications that will generate entertainment sound.
Where necessary, we will request an acoustic report to assess noise impact. A noise assessment will identify and reduce future noise issues, giving businesses more certainty about their operations and to help them be prepared if a noise complaint arises.
Planning for entertainment sound
We may place noise-related conditions on new development and on applications to modify existing development consents. All development applications are assessed on merit.
Development consents for licensed premises producing entertainment sound may include the following conditions:
Before the issue of a construction certificate:
- approved acoustic report
- compliance with acoustic measures.
Before the issue of an occupation certificate:
- verification of acoustic measures
- installation, setup, testing and calibration of sound limiters.
Upon occupation and use of the premises:
- how noise will be managed
- control of combined noise from entertainment activities
- upkeep and operation of sound limiters
- patron limits
- hours of use.
Satisfying conditions
Some conditions require work to be verified before construction and occupation certificates are issued. Where these certificates are required, they must be issued before trading can begin.
These technical requirements apply to all environmental noise assessments.