If you have concerns about the level of noise generated by a licensed venue, such as noise from amplified music, entertainment or patron noise, you can lodge a noise complaint online.
Before you make a noise complaint with us, we strongly encourage you to contact the venue directly to discuss any concerns. In our experience, this approach can resolve the situation quickly.
Additionally, if you plan to submit a statutory disturbance complaint against a licensed premises, you must have attempted to discuss the matter with the venue first.
In assessing noise emissions from a licensed venue, we take into consideration the type, frequency, level, timing, duration and characteristics of the noise being emitted, and the surrounding local environment.
In circumstances where licensed venues have noise-related conditions on their liquor licences, we will test compliance with any applicable condition/s.
If a licensed venue is located in a Special Entertainment Precinct, we will test compliance with the relevant precinct management plan and any sound criteria contained within the plan and applicable to the venue.
From 1 July 2024, local councils can refer any new complaints relating to entertainment sound associated with licensed venues to L&GNSW for consideration, via our website.Prior to the Vibrancy Reforms, noise complaints could also be managed by the relevant local council. Where possible local councils should continue to manage and finalise existing noise-related complaints under their current processes.
It is preferrable for local disturbance issues to be resolved in an informal manner between a licensed venue and its neighbours. A neighbour contacting the venue directly when an issue arises gives the venue an opportunity to understand and address the issue by implementing measures to mitigate noise impacts.
Effective ways to contact a licensed venue to discuss disturbance issues can be by phone, email, by approaching the licensee or venue staff in person or by arranging a community meeting. Genuine efforts to resolve issues should be undertaken by the complainant and at times when the licensee or venue staff are available to act. Where possible, this should be during trading hours as soon as possible after the disturbance and not outside business hours.
All attempts and steps taken to resolve disturbance issues should be recorded, including the date, time and any resulting action or steps taken by the venue. This documentation will be required to support a complaint in circumstances where an informal resolution has not been achieved or ongoing disturbance persists.
If you have attempted to directly contact the licensed venue and are unable to resolve the disturbance issues or if you are not satisfied with the outcome, you can report the disturbance to L&GNSW for consideration. We understand there may be circumstances where you are not comfortable approaching a licensed venue or licensee directly. If this is the case, you can report the matter to L&GNSW for consideration. We may ask for reasons why you were unable to address the issues with the venue directly to assist in our assessment of your complaint.
L&GNSW strongly encourages positive communication between a licensed venue and its neighbours to resolve disputes in a reasonable, effective and amicable manner. Any reasonable concern raised by residents and businesses about neighbourhood disturbances should be taken seriously by a licensed venue.
Local councils are encouraged to continue considering entertainment noise impacts through land use planning and the development application process for licensed venues. This ensures future proof planning and certifies that sound emitting developments are acoustically designed and constructed appropriately in accordance with the intended operation of the licensed venue. It also ensures that building requirements can contain sound and mitigate negative impact on nearby noise sensitive developments, such as residential properties.
Consent conditions relating to sound management controls that do not set building or construction requirements, such as noise control criteria, will cease to have effect while the licensed venue is being managed under the Liquor Act. However, if a venue no longer holds a liquor licence, and continues to trade as an unlicensed venue, any matters relating to the operation of the venue will no longer be regulated under the Liquor Act. In this circumstance, conditions of consent will be activated and managed by the relevant local council, including sound management controls.
Licensed venues are exempt from noise pollution provisions contained in the Protection of the Environment Operations Act 1997 (the POEO Act), including offensive noise laws, if the venue is operating in accordance with its liquor licence, including any noise-related licence conditions, and the Liquor Act.
If noise being emitted from a licensed venue breaches the Liquor Act, or if there is a breach of a noise-related liquor licence condition, such as a requirement to comply with the LA10 noise condition or a noise limiter, the exemption no longer applies to the venue.
If a licensed venue is located within a SEP, noise pollution exemptions will no longer apply if it established that the venue has failed to operate in accordance with the precinct management plan. For example, this may include evidence where a venue has exceeded the sound criteria or limits set within the precinct management plan.
If a liquor licence is surrendered or cancelled permanently and a new liquor licence is granted for a licensed venue, the order of occupancy will be considered against the new liquor licence and its commencement date.
A liquor licence may be voluntarily suspended or temporarily cancelled in certain circumstances, for example during a period of renovation or due to non-payment of annual licence fees. However, if the liquor licence is reinstated and the venue resumes trade in the same manner of operation, there is no material impact on order of occupancy considerations within the context of the statutory disturbance complaint framework.
Yes, if you are a tenant and are occupying a residential property or operating a commercial property or business through a tenancy agreement, you may lodge a statutory disturbance complaint against a licensed venue as long as you meet the other legislative requirements to lodge a complaint. The ability to submit a statutory disturbance complaint is not limited to property owners of either residential or commercial properties.
L&GNSW may review your complaint and determine that the disturbance concerns raised are better resolved by another agency, such as NSW Police or local council. If this is the case, we will either refer your complaint directly to that agency or direct you to the appropriate place to make a complaint.
Complaints relating to an act of violence, criminal activity, vandalism, prohibited drug use or property damage, within or in proximity to a licensed venue, should be reported to NSW Police.
Complaints about licensed venues that relate to parking issues, waste and recycling collection, delivery of goods and services, mechanical and industrial noise such as ventilation, air-conditioning, heating and exhaust systems, and construction work, should be reported to your relevant local council.
In determining liquor licence applications, L&GNSW will consider the proposed operations and business model of a licensed venue against the type of liquor licence, business type and authorisation being applied for. For example, this may include assessing whether a venue that is applying for an on-premises liquor licence with a restaurant business type and primary service authorisation is appropriate for the location and the activities and business intended to be conducted at the venue, and any potential impacts on the local community or risk of harm.
The evaluation of venue design, including structural or building considerations, falls outside the scope of the Liquor Act 2007 and is more appropriately considered under planning approvals and development applications by local councils.
‘Undue disturbance’ and ‘unreasonable and serious disturbance’ are different thresholds or levels of disturbance that must be satisfied to uphold a statutory disturbance complaint depending upon the circumstances. They are a scale of the level of disturbance and activity generated from the operation of a licensed venue and any potential impact on the quiet and good order of the neighbourhood in which the licensed venue is located.‘Unreasonable and serious disturbance’ sets a higher threshold and applies when the order of occupancy is in favour of the licensed venue.
The statutory disturbance complaint framework in the Liquor Act 2007 applies to licensed marine vessels in the same way it applies to land-based licensed premises. Order of occupancy is a key consideration and determines the threshold or level of disturbance that must be satisfied to uphold a complaint.
In dealing with noise complaints relating to licensed marine vessels, L&GNSW work closely with NSW Police and Marine Authorities as partner agencies with an on-water presence.
Licensee’s have certain obligations not to conduct business in a way that unduly, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood. Although certain noise-related development consent conditions ceased to have effect, including the LA10 noise criteria, any noise-related conditions on a venue's liquor licence remain in force and must be complied with. This includes the LA10 noise condition.
L&GNSW strongly encourages licensee's follow best practice and implement responsible sound management practices within their venue. This practice may mitigate the likelihood of noise complaints being made against the venue in the long term.
Order of occupancy and the LA10 noise criteria are separate considerations. Order of occupancy is a key consideration in the disturbance complaint framework under the Liquor Act 2007 and determines the threshold or level of disturbance that must be satisfied to uphold a statutory disturbance complaint. These thresholds are a subjective test.
The LA10 noise criteria is a technical benchmark and noise descriptor, that is considered the industry standard in NSW. The LA10 noise criteria is an objective test and may assist in determining whether the level or threshold of disturbance required to uphold a statutory disturbance complaint has occurred.
