The NSW government has rolled out the latest in its ‘Vibrancy’ reforms, slashing council red tape and introducing world-first legislation aimed at stopping the closure of live music venues.
The Minns government is said to have ‘declared war’ on NIMBIES and local councils party to inhibiting plans to rescue the state’s nightlife, passing the latest tranche of reforms in parliament in October.
Under current rules, councils can apply specific clauses to the activities of venues, without direct cause and without even considering the nature of entertainment, community opinion or potential noise impacts.
A review of the system revealed a plethora of questionable clauses, typically written into development consent, specifying conditions such as the genre of music or instruments that can be played, the number of performers, and even whether the music is original work or that of another band.
Barangaroo House is not allowed to have strobe lights or a disco ball, Public House in Petersham cannot have amplified music in its beer garden, and the Mitch Hotel in Alexandria and Erskineville Hotel are two of several venues in Sydney not allowed to host any entertainment.
The South Dubbo Tavern may only engage small cover bands and cannot have original bands, while the Pocket Bar in Terrigal has DA conditions specifying a maximum of three performers. Owner Karl Schlothauer told the Sunday Telegraph he recently had to turn down a performance by a group of four female poetry readers.
“We can have a rock band, but not a choir.”
The new legislation incorporates special protections, thought to be a world-first, empowering John Graham, Minister for Music and the Night-time Economy, to intervene in situations that threaten to close historic live music venues.
Eligible venues are those defined as hosting live, mostly original music as a key component of the business. Fifty-five of the 795 live music venues across NSW qualify under this title.
When necessary, an at-risk venue will be able to apply for a range of support, which can be used for purposes such as dealing with disgruntled neighbours or noise complaints, or even unsympathetic landlords.
The government’s plan to quash red tape builds on support already committed* for live music, which has provided for extended trade, soundproofing grants and direct assistance for both musicians and roadies, through the Touring and Travel Fund.
Minister Graham says people don’t want their choice of music and entertainment to be governed by a councillor or minister, and the Vibrancy reforms are “remastering” a legacy of red tape.
“How can anyone have faith in rules that allow a cover band to play but tell the band that wrote the songs to hit the road?
“When it’s a DA not the DJ choosing the tracks, you know the system has lost its way.”
New rules in effect from 31 October (2024)
- Outdoor dining: patrons no longer required to be seated if consuming alcohol
- ‘independent’ evidence no longer required for Extended Trading Authorisation Special Occasion applications
- Improvement notices relating to venue noise emissions
- The 5-km rule dropped for registered clubs
- Expansion of the Special Event Extended Trading system
*Reforms commenced 1 July
- Disturbance complaints reforms, bringing a streamlined regulatory approach to sound management
- Liquor licence application reforms
- New extended trading applications for hotels that schedule live music or arts and cultural events
- Limited takeaway authorisation for restaurants and small bars
- Enabling former licensees to re-enter the industry
- Signage requirements
- Interstate digital driver licences
