Statutory disturbance complaints

1. Five or more persons who live or work in the neighbourhood who are not part of the same household/business and have attempted to address the complaint directly with the licensee.
2. NSW Police
3. A person or entity that satisfies L&GNSW that because of the nature or gravity of the complaint, the person should be entitled to make the complaint, or where it is otherwise in the public interest (evidence must be supplied to L&GNSW to support this consideration).

After receiving a statutory disturbance complaint, an assessment is completed to determine the most appropriate way to deal with the issues raised in the complaint. This may include:

• encouraging you and the licensee to resolve the issues between yourselves.
• mediation between you and the licensee.
• seeking voluntary actions by the licensee to implement measures to mitigate any noise impacts.
• imposing conditions on the venue’s liquor licence or vary existing licence conditions.
• issue an improvement notice or a direction to the licensee or staff concerning any conduct or practice relating to the emission of noise at the venue.
• determining not to accept the statutory disturbance complaint under the disturbance complaint provisions in the Liquor Act 2007 and instead address the allegations by remedial engagement with the licensee; this provides the venue with an opportunity to implement positive change and may result in a timely resolution.
• accepting the statutory disturbance complaint based on your evidence and dealing with it under the disturbance complaint provisions in the Liquor Act 2007.

If a statutory disturbance complaint is accepted, written submissions may be invited from parties relevant to the complaint or a conference may be convened to hear submissions about the complaint. NSW Police and local council representatives will also be invited to provide information and be involved in the process.

All parties are given a fair and reasonable opportunity to voice their opinion and the principles of natural justice and due process are observed.

A determination will then be made whether there is sufficient evidence to uphold the complaint and if your neighbourhood is being unduly disturbed, or unreasonably and seriously disturbed. The Statutory Disturbance Complaint fact sheet provides further information on the disturbance complaint process and framework.

A statutory disturbance complaint may result in the following outcomes:

• No further action taken in relation to the complaint
• The licensee being issued a warning
• An existing condition on the liquor licence may be varied or revoked
• If a conference has been convened – the conference may be adjourned subject to implementation and continuation of undertakings given by the licensee
• One or more conditions may be imposed on the liquor licence, including but not limited to, conditions relating to:
  • Noise abatement
  • Requirement to install a noise limiter
  • Restrictions on the sale and supply of liquor
  • Security requirements
  • Plan of Management
  • Requirement to participate in, and to comply with a local liquor accord
  • Restricting the trading hours of, and public access to, the licensed venue.

Issues considered

A range of information is taken into account before making a decision about a statutory disturbance complaint, including:

• Information from NSW Police, the local council, the complainant, and the licensee or venue operator. This information helps to establish the level of disturbance and the appropriate regulatory outcome.
• The order of occupancy between the complainant and the licensed venue. Order of occupancy refers to the order in which the licensed venue and the complainant first began to operate or occupy their premises, and favours the party established first – i.e. who was there first?
• Any changes, including structural changes, that the complainant or the licensed venue operators have made to their respective properties.
• Any substantial changes to the operation of the business at the licensed venue.

The Statutory Disturbance Complaint Guidelines outline the disturbance complaint framework and matters that may be considered when determining a complaint.

Timeframe to resolving the complaint

There is no set time for determining a statutory disturbance complaint, however L&GNSW endeavours to resolve and finalise disturbance complaints as quickly as possible. Due to the number of parties involved in the complaint and the overriding need to afford all parties procedural fairness, the process may take a number of months to finalise.

Review of the decision

A review of a statutory disturbance complaint decision may be made with the Independent Liquor & Gaming Authority (the Authority). Further information about the process can be obtained from the Authority Guideline 2.