Popular entertainment venue the Family Hotel has successfully fended off noise complaints by locals claiming residences had become ‘unliveable’.
The pub, on Hunter St in the Newcastle CBD, was formerly called the Silk Hotel and has long been known for guest DJs, open mic nights and live bands. It trades to midnight Monday to Saturday, but is closed Sundays.
Mid-2022 a neighbour complained about noise, noting external speakers and patrons yelling over a microphone, and claiming rooms facing the pub had become unusable.
The resident alleged the hotel did not want to discuss the complaint, and offered that they should have better researched the neighbourhood before moving in.
The Family has reduced the number of live music performances it hosts to only one every three months, and in response to the complaint removed the only speaker in the beer garden and had sound levels measured by a professional.
This was apparently not enough to appease the neighbour, who had reportedly gathered the support of another five locals, alleging undue noise emanated from the hotel’s sound system on busy weekend nights.
They lobbied for all the pub’s windows and doors to be closed by 8pm, and sound mitigation measures to be installed. Their pursuits are said to have received limited support from the City of Newcastle Council.
In late May the case made it before Liquor & Gaming executive director Jane Lin – shortly following Lin’s ruling in favour of Queens Wharf Brewery Hotel in its battle over noise complaints.
Submissions by licensee Steven Forbes stated there had been no further complaints since the external speaker was removed, and that management was continuing procedures to contain noise. He also suggested that these kinds of complaints seemed to have become more common since COVID restrictions ceased, and that people who moved into the area during the suppressed period may not have a complete appreciation of the precinct’s night-time activity.
A submission by police did not detail disturbance in the neighbourhood attributed to the pub, nor recommend intervention by the regulator.
Hearing the case, Lin dismissed the complaint and opted for no further action against the hotel. However, she did remind the proprietors of their ongoing obligation to minimise noise, and strongly encouraged them to facilitate communication with their neighbours.
While the court noted that noise complaints had been received by both police and council, Lin ruled that this did not provide “sufficient objective evidence” that would allow a conclusion that the Family had unduly disturbed the neighbourhood.
The win is a boon for potential new owners of the operation, which came to market in February.
