A Special Entertainment Precinct (SEP) supports live entertainment through extended trading hours for live music venues and bespoke noise controls that provide operational certainty for venues, neighbouring residents and businesses.
A SEP is a defined area where sound from premises with amplified music is managed by the relevant local council through its precinct management plan. This allows local councils to set different sound levels and management processes for areas where they wish to encourage live music, entertainment and performance.
Further information on Special Entertainment Precincts can be found at NSW Planning.
When a SEP is established, local councils must prepare a precinct management plan that includes a sound management framework setting out how noise from amplified music from premises will be regulated in the SEP. For example, this may include fixed or defined decibel levels designed for a specific sound category area or zone.
The precinct management plan must set out the trading hours for the premises in the SEP and include that the management of noise disturbance complaints in relation to licensed venues in the SEP and will be managed under the Liquor Act 2007.
Certain conditions of development consent cease to have effect if they are inconsistent with the precinct management plan. These conditions apply to trading hours and noise from amplified music, such as the LA10 noise criteria. All other development consent conditions that fall outside of the precinct management plan continue to apply to licensed venues located within the SEP.
Licensed venues located within a SEP are also exempt from noise pollution laws in the Protection of the Environment Operations Act 1997 if they are operating in accordance with the precinct management plan.
A statutory disturbance complaint may be lodged under the Liquor Act 2007 against a licensed venue within a SEP, however there is a higher threshold that applies before a complaint can be upheld.
A statutory disturbance complaint will only be upheld if there is sufficient evidence to establish that the venue failed to comply with the sound criteria or limits set out in the precinct management plan, and the disturbance to the neighbourhood was ‘unreasonable’. For example, this may include acoustic testing which indicates that the levels of sound from a venue is exceeding the limits set by council.
L&GNSW will work closely with local councils to resolve noise and disturbance complaints made against licensed venues located in a SEP. In the first instance, it is strongly encouraged that noise concerns are resolved directly between the parties involved as an informal resolution is the preferred outcome.
