In late 2023, the NSW Parliament passed the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023 (the Vibrancy Reforms). These regulatory reforms were designed to boost NSW’s night-time economy, benefiting live music, hospitality, and creative sectors and workers, and bringing vibrancy back to NSW’s night-time economy and community.
The Vibrancy Reforms designate Liquor & Gaming NSW (L&GNSW) as the lead regulator for noise and disturbance complaints under the Liquor Act 2007 associated with licensed venues. These reforms commence on 1 July 2024 and will see a streamlined regulatory approach to sound management.
Under the Vibrancy Reforms, the disturbance complaint framework and thresholds have been strengthened to ensure all complaints are valid and reasonable.
Some level of noise will arise from the normal operation of a licensed venue, including noise from patrons, live music and other entertainment. However, licensees have obligations not to conduct their business in a way that unduly, or unreasonably and seriously disturbs, the quiet and good order of the neighbourhood.
L&GNSW deals with two types of complaints relating to entertainment sound associated with licensed venues; noise complaints and statutory disturbance complaints, lodged under the Liquor Act 2007 (the Liquor Act).
Noise complaints are those made by members of the community raising general concerns about the level of noise generated by a licensed venue. This may include noise from amplified music, other types of entertainment such as karaoke and trivia, patron noise and in some circumstances, anti-social behaviour from patrons when leaving a venue. L&GNSW records these complaints for intelligence purposes and/or further investigation and may take action depending upon the circumstances.
L&GNSW places a strong focus on education, support, and remedial engagement in the first instance to resolve noise complaints in a timely and informal manner. We strongly encourage the venue and local residents to work together to resolve noise issues. Neighbours contacting the venue directly to discuss the issue provides the venue an opportunity to address concerns or implement measures to mitigate noise impacts. An informal resolution to noise complaints is the preferred approach.
A statutory disturbance complaint may be lodged under the Liquor Act and follows a formal process set out in legislation. There are specific requirements that must be met before a statutory disturbance complaint can be lodged and upheld.
Dealing with a disturbance complaint can take some months to finalise. Generally, the process involves inviting written submissions from relevant parties such as NSW Police, the relevant local council, and the licensee, to ensure all parties have a fair opportunity to respond to the complaint. Alternatively, a conference may be convened to hear submissions in relation to the complaint. These processes provide an opportunity for the licensee or venue operator to implement changes to mitigate noise impacts and are a positive step in seeking a resolution.
Following the investigation, a decision will be published which will outline whether there is sufficient evidence to uphold the complaint, and if so, the regulatory outcome determined. This may lead to several outcomes, including no further action taken in relation to the complaint, a warning issued to the licensee, or licence conditions being imposed on the venue’s liquor licence, such as a requirement to comply with the LA10 noise criteria.
The LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 07:00am and 12:00 midnight at the boundary of any affected residence.The LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12:00 midnight and 07:00am at the boundary of any affected residence.*Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12:00 midnight and 07:00am
The LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 07:00am and 12:00 midnight at the boundary of any affected residence.
The LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) between 12:00 midnight and 07:00am at the boundary of any affected residence.
*Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12:00 midnight and 07:00am
L&GNSW assesses noise and disturbance complaints to determine the most appropriate way to resolve them. In some cases, we may determine that the concerns raised in your complaint are better managed by another agency or regulator, such as NSW Police or local council. If there is a more appropriate agency to report the matter to, we will provide you with the relevant information and in some cases, we can make that referral for you.
Noise complaints and statutory disturbance complaints that L&GNSW will consider include matters relating to:
Noise complaints and statutory disturbance complaints that L&GNSW will not consider include matters relating to:
These matters are more appropriately addressed by NSW Police or the relevant local council.
Under the Vibrancy Reforms, key changes to the statutory disturbance complaint framework include:
Statutory disturbance complaints lodged under the Liquor Act can only be made if the complaint is authorised in writing by a number of persons. Changes made by the Vibrancy Reforms mean that the number of persons required to make a statutory disturbance complaint increases from three to five from July 2024. This means that to make a statutory disturbance complaint, a person who lives or works in the neighbourhood of the licensed venue must be joined (and authorised in writing) by a minimum of four other persons who live or work in the neighbourhood and who are not part of the same household/business or part of the complainant’s household/business.
It is preferable for noise issues to be resolved between the venue and its neighbours rather than through a statutory disturbance complaint. Under changes made by the Vibrancy Reforms, a statutory disturbance complaint under the Liquor Act will only be dealt with if a complainant provides evidence that demonstrates they have first attempted to address the complaint directly with the licensed venue. This could occur through the complainant contacting the venue by phone or meeting in person with the licensee or venue operator to discuss possible solutions to the issue. This ensures that the parties engage in dialogue and attempt to resolve the issue by mutual understanding in an informal manner; it also works as a de-escalation mechanism.
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.
Order of occupancy considerations in the disturbance framework help protect venues against unreasonable expectations about the types of activity and threshold for noise in a particular area, particularly in mixed-use locations where residential and hospitality venues are in close proximity.
Licensed venues can lose their order of occupancy if there is a ‘change in the operation of the business carried on at the licensed venue’, even if the venue has been operating for longer.
The threshold or level of disturbance on which a disturbance complaint may be upheld will differ depending on the order of occupancy. There is a higher threshold that must be satisfied for a disturbance complaint to be upheld when the order of occupancy is in favour of the licensed venue.
A statutory disturbance complaint may be upheld if:
Undue disturbanceUndue disturbance is not defined in the Liquor Act and as such L&GNSW affords the term a general meaning to be a disturbance to the quiet and good order of the residents or tenants of the neighbourhood that is not appropriate or suitable having regard to the particular context. This is a subjective assessment with weight placed on the strength and relevance of the evidence obtained during the disturbance complaint process.
Undue disturbance
Undue disturbance is not defined in the Liquor Act and as such L&GNSW affords the term a general meaning to be a disturbance to the quiet and good order of the residents or tenants of the neighbourhood that is not appropriate or suitable having regard to the particular context. This is a subjective assessment with weight placed on the strength and relevance of the evidence obtained during the disturbance complaint process.
Unreasonable and serious disturbanceUnreasonable and serious is not defined in the Liquor Act and as such L&GNSW affords the terms a general meaning to be significant and beyond the limits of what is acceptable. This is a subjective assessment with weight placed on the strength and relevance of the evidence obtained during the disturbance complaint process.The quiet and good order of the neighbourhood will not be considered unreasonably and seriously disturbed if the complainant could take reasonable steps to mitigate the impact of the disturbance, but has not taken those steps. Reasonable steps will vary according to the circumstances including the extent of control the complainant has in relation to taking the steps (e.g. a complainant in rental housing may have less control over the structure of their residence than an owner occupier). These steps may include ensuring windows and doors are closed at night and properly sealed, where it is safe and appropriate to do so.Reasonably foreseeableIt is reasonably foreseeable if a reasonable person, by applying common sense/knowledge, would expect that a change to the operations of the business might occur at the licensed venue. For example. it would be reasonable to expect that a café might diversify its business operations by operating an outdoor dining service on the footpaths adjacent to the licensed venue.
Unreasonable and serious disturbance
Unreasonable and serious is not defined in the Liquor Act and as such L&GNSW affords the terms a general meaning to be significant and beyond the limits of what is acceptable. This is a subjective assessment with weight placed on the strength and relevance of the evidence obtained during the disturbance complaint process.
The quiet and good order of the neighbourhood will not be considered unreasonably and seriously disturbed if the complainant could take reasonable steps to mitigate the impact of the disturbance, but has not taken those steps. Reasonable steps will vary according to the circumstances including the extent of control the complainant has in relation to taking the steps (e.g. a complainant in rental housing may have less control over the structure of their residence than an owner occupier). These steps may include ensuring windows and doors are closed at night and properly sealed, where it is safe and appropriate to do so.
Reasonably foreseeable
It is reasonably foreseeable if a reasonable person, by applying common sense/knowledge, would expect that a change to the operations of the business might occur at the licensed venue. For example. it would be reasonable to expect that a café might diversify its business operations by operating an outdoor dining service on the footpaths adjacent to the licensed venue.
Guidelines setting out the matters that L&GNSW may have regard to when making a decision about a statutory disturbance complaint will be available on 1 July 2024.
Many local councils impose noise-related conditions on venues’ development consents under local planning laws. Under the Vibrancy Reforms, certain types of noise-related conditions on licensed venues’ development consents will cease to have effect while the venue is regulated under the Liquor Act (i.e. for as long as the venue holds a liquor licence).
The following is a list of development consent conditions that will cease to have effect:
All conditions of development consent that relate to the above will automatically cease to have effect as of 1 July 2024. Therefore, licensed venues and councils are not obligated to take any action to implement this change.
All development consent conditions ('DA conditions’) that do not relate to the above will continue to apply to licensed venues, where applicable. These may include, but are not limited to, staffing requirements, building construction requirements relating to sound mitigation such as sound proofing, signage requirements, heating, ventilation and air conditioning noise, waste and recycling collection and disposal procedures including glass crushing, and patron capacity. In applying any conditions, councils are encouraged to consider the intent of these reforms to support live performance and to achieve an appropriate balance between protecting community amenity and encouraging cultural activity in hospitality businesses.
Unless a licensed venue is in a Special Entertainment Precinct (see further below), all existing conditions on the venue’s liquor licence will remain in force.
As a result of the Vibrancy Reforms, licensed venues are exempt from noise pollution provisions contained in the Protection of the Environment Operations Act 1997, including offensive noise laws. This exemption only applies if the venue is operating in accordance with its liquor licence, including any licence conditions, and the Liquor Act.
To ensure noise emissions from licensed venues can be addressed, including in situations requiring an immediate response, an ‘improvement notice’ can be issued in certain circumstances under section 75 of the Liquor Act by NSW Police, NSW Maritime or L&GNSW. These notices can include a direction for noise emanating from a licensed venue to cease.
An improvement notice allows NSW Police, NSW Maritime and L&GNSW to issue a direction to a person who is making (or contributing to the making of) noise from a licensed venue to cease the noise. The notice may be given to the licensee of the venue, an employee of the licensee, or an agent of a licensee. The notice can be issued where a police officer or marine authority reasonably believes that noise being emitted from the venue is in contravention of a liquor licence condition or is in contravention of the Liquor Act or Regulation.
A police officer or maritime authority who issues an improvement notice may subsequently make a statutory disturbance complaint to L&GNSW about the emission of noise from the licensed venue that is the subject of the improvement notice.
L&GNSW also has the power to issue improvement notices under section 75 of the Liquor Act in respect of any matter relating to a licensed venue, including noise. Local councils do not have the ability to issue an improvement notice under the Liquor Act.
Special Entertainment Precincts (SEPs) support live entertainment, via extended trading hours for live music venues and bespoke noise controls that provide operational certainty for venues, neighbouring residents, and businesses.
Licensed venues located within a SEP have special rules relating to sound management and the emission of noise.
When a SEP is established, local councils must prepare a precinct management plan that includes information on the regulation of noise from amplified music from venues in the SEP. The plan must include a sound management framework which will set out the sound criteria for entertainment sound for each venue located within the SEP. For example, this may include fixed or defined decibel levels designed for specific sound category areas or zones within the SEP.
The sound criteria standards set out in a precinct management plan will override any existing development consent conditions for a licensed venue relating to noise, to the extent that they are inconsistent with the plan. All other development consent conditions that fall outside of the precinct management plan will continue to apply to licensed venues.
Noise-related conditions on the liquor licences of venues in SEPs that are inconsistent with a precinct management plan will also cease to have effect to the extent of the inconsistency.
Licensed venues located within a SEP are also exempt from noise pollution laws if they are operating in accordance with the precinct management plan for regulating noise from amplified music. In situations requiring an immediate response, NSW Police or L&GNSW may issue an improvement notice under the Liquor Act where it is believed that noise being emitted from the venue is exceeding the sound criteria set out in the precinct management plan.
Statutory disturbance complaints may be lodged against a licensed venue located within a SEP, however there is a higher threshold that applies before a complaint can be upheld. It must be established that the venue failed to comply with the sound management framework set out in the precinct management plan and the threshold or level of disturbance was ‘unreasonable’. For example, acoustic testing which indicates that sound being emitted from the venue is unreasonably exceeding the limits set within the precinct management plan.
If there is evidence that a venue has exceeded the sound limits in the precinct management plan, L&GNSW may take regulatory action against the venue. This may include issuing a direction under section 34A of the Gaming and Liquor Administration Act 2007, requiring the venue to comply with the sound management framework as set out in the precinct management plan. We may also issue an improvement notice under the Liquor Act where there has been a contravention of the Liquor Act or any other matter relating to the venue, including any conduct or practice relating to noise. Additionally, NSW Police and L&GNSW may issue an improvement notice in circumstances where it is believed that noise being emitted from the licensed venue is exceeding the sound criteria set out in the precinct management plan.
The reforms to the statutory disturbance complaint framework commence 1 July 2024. Guidelines that set out the matters L&GNSW may consider when determining a disturbance complaint will be available from 1 July 2024.
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 complaint via the L&GNSW online portal.
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 SEP, we will test compliance with the relevant precinct management plan and any sound criteria contained within the plan and applicable to the venue.
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.
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.
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 occurs 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 contravenes the Liquor Act, or if there is a contravention 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 is 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 associated with 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 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.
