Destination NSW
The Vibrancy Reforms are a cross-government initiative developed in consultation with key government agencies, industry, councils and stakeholders to improve the night-time economy through both legislative and policy reforms.
The legislative reforms were made through the 24-Hour Economy Commissioner Act 2023 and the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2023.
In October 2024, the NSW Parliament passed the 24-Hour Economy Legislation Amendment (Vibrancy Reforms) Act 2024, and these newest changes will take effect in the coming months as outlined on this page.
Areas of change
Live music and performance venues need support to thrive and meet their full creative, entertainment and economic potential.
The NSW Government is removing more barriers to support existing live music venues and encourage the growth of new ones.
What’s new
Commencing at a later date, the new reforms will include ‘switching off’ conditions of development consent or plans of management at all licensed premises that prohibit:
- specific music genres
- the number or types of instruments
- the number of musicians
- the playing of original music
- whether dancing occurs or whether there is a dancefloor
- the direction of the stage or what decorations are used (e.g. a mirror ball)
- for hotels, clubs and small bars only, conditions of development consent or plans of management that prohibit ‘live music’ or ‘live entertainment’.
The switching off of these conditions does not apply to state significant or complying development. These changes follow similar changes to liquor licences in 2020 via the Liquor Amendment (Night-time Economy) Act 2020.
To help significant live music venues that may be involved in a dispute, a mediation pathway will be established, empowering the Minister for Music and the Night-Time Economy to refer matters for mediation or case management.
Guidance on venue sound system design will also be provided to encourage and support more venues to stage live performance in their local areas.
A fairer approach to managing entertainment noise
These changes build on changes made previously including around venue sound management. Since 1 July 2024, Liquor & Gaming NSW is the lead regulator for entertainment sound coming from licensed premises. This enables a sensible and consistent approach to managing entertainment sound associated with licensed premises and a streamlined complaints process for everyone involved.
To help Liquor & Gaming NSW effectively carry out this role, amendments were made to relevant pieces of legislation. These amendments ensure that entertainment sound emanating from licensed premises is managed under the disturbance complaint framework of the Liquor Act 2007. Under these reforms, certain noise-related conditions of development consent and ‘offensive noise pollution’ laws no longer apply to licensed venues.
The Vibrancy Reforms also increase the number of disturbance complaints about a licensed venue needed for a formal complaint to be considered. The number has increased from 3 to 5 (the complainants must be from different households). Complainants must also attempt to resolve disputes with the licensee before lodging a disturbance complaint.
The length of time a complainant has been living in the household (otherwise known as the “order of occupancy”) is now a central consideration in disturbance complaints. This will help to prevent newcomers to a neighbourhood from shutting down or winding back the entertainment offerings and/or operating hours of established venues.
There has been no change in the primary regulator for managing noise complaints in unlicensed venues.
For more information about the 1 July 2024 noise reforms, please visit the Liquor & Gaming Reforms to the regulation of venue sound management webpage.
To find out more about how the changes affect development consents for licensed premises, please visit the Planning Night-time economy webpage.
What’s new
The NSW Government is committed to supporting major events hosted in NSW and has amended the Major Events Act so it can be used to streamline event delivery and support recurring significant events like Vivid and Sydney Festival.
To increase the activation of precincts during special events, more venue types are now able to access Special Event Extended Trading, including on-premises licences (restaurants/cafes) and wholesaler/producer licences (e.g. breweries).
More opportunities to activate precincts
Since 1 July 2024, small bars, general bars and live music and performance venues can access Special Event Extended Trading. This change expanded eligible venues from hotels and registered clubs.
For more information on Special Event Extended Trading, please visit the Liquor & Gaming website.
What’s new
Building on the success of the Enmore Road Special Entertainment Precinct (SEP), the NSW Government has further enhanced the framework to support councils to create more SEPs throughout the state – with better incentives for venues and councils to take part.
This includes a new grant program for councils to set up a SEP.
The new SEP framework has been designed for flexibility, and councils can use it to protect and support existing venues, future-proof precincts, or support major festival and event programs.
This framework has been strengthened by these measures:
- Clearer sound governance: since 1 July 2024 Liquor & Gaming NSW is responsible for managing entertainment sound complaints for licensed venues. In addition, a higher threshold has been created for these complaints, and councils are empowered to set sound standards and manage unlicensed venues.
- Additional trading hour extensions for live music venues in Special Entertainment Precincts, including 2 hours on nights they offer live music, and 1 hour on other nights.
- New powers in Special Entertainment Precincts for councils to automatically adjust trading hours on development consents to support diverse late-night offerings.
- Strengthening governance to support safety and collaboration.
- Ensuring residents are aware through both a planning certificate and on a council’s website if they purchase a property located in an identified SEP.
The NSW Government has enabled SEPs to be established on state-owned land, like White Bay Power Station and Walsh Bay Arts Precinct, opening a whole new potential for multiple sites to stage events and festivals.
To make it easier for businesses to operate outdoors, additional support will be provided to councils so approvals for mobile businesses (such as food trucks, buskers, market stalls and outdoor fitness trainers) that are granted by one council can be recognised by others in NSW.
For more information about the Mutual Recognition framework, please visit the Office of Local Government website.
Making outdoor activation easier
Changes previously made to support outdoor activation include:
- Since 1 January 2024, food and drink premises and registered clubs can permanently use their private land and car parking spaces for outdoor dining as exempt development. The rules also apply to artisan food and drink industries, such as microbreweries. New development standards have been included in the Codes SEPP to maintain patron safety and accessibility.
- Councils have been permanently empowered to approve temporary street closures for outdoor dining, performance and extension of foyer space. This means councils do not need to apply to Transport for NSW regarding unclassified roads. For classified roads, councils will still need agreement from Transport for NSW.
The NSW Government is making changes to the liquor licensing system to remove some of the barriers faced by businesses in navigating the system, reduce costs and streamline processes.
What’s new
Live music and performance venues are now exempt from the trading hours risk loading on their liquor licence on the nights they host live music or performance.
Liquor & Gaming NSW will also no longer apply as a ‘standard condition’ for temporary outdoor dining approvals at licensed premises, for patrons to be seated while drinking liquor. This condition may still be applied where unique safety risks need to be managed.
The NSW Government has made it easier for communities to enjoy their local clubs by removing the legislated rule requiring residents living within a radius of 5 kilometres to become members of a registered club to attend. Should patrons choose not to join the club as a member, they will still be required to sign-in as a visitor.
Clubs still have the option to retain the 5km rule under their own club rules, but this is no longer a legislated requirement. For more information, please visit the Liquor & Gaming What’s changing webpage.
Streamlined, contemporary licensing
Previous changes made as part of the Vibrancy Reforms include changes to the consultation process to apply for a liquor licence. Since 1 July 2024, a new streamlined approach to community consultation was implemented to reduce duplication and costs, and address risks and other potential effects. This change also empowers the community to provide meaningful feedback directly to decision-makers.
Incentives were made available to licensed venues that feature live music and performances including:
- increasing the extended trading for live music and performance venues on nights they offer live music, from the current 1 hour to 2 hours
- maintaining the temporary 80 per cent discount for live music and performance venues
- expanding the types of licensed venues that can access extended trading for special events.
Since 1 July 2024, restaurants and small bars can also apply for an authorisation that allows them to sell a limited amount of liquor for takeaway and home delivery.
Blanket approaches to risk have been removed in favour of more targeted measures for licensed venues. This aims to encourage compliance rather than merely penalising non-compliance.
The NSW Government is proposing changes to the planning system to support more creative, hospitality and cultural venues and spaces in contributing to a vibrant 24-hour economy.
A Cultural State Environmental Planning Policy will amend state environmental planning policies and local environmental plans to support creative, cultural and hospitality uses.
An Explanation of Intended Effect is now on exhibition for public feedback by the Department of Planning, Housing and Infrastructure, allowing the community to have its say on the proposed changes. For more information, please visit Explanation of Intended Effect: Cultural State Environmental Planning Policy (SEPP).
When will the reforms commence?
- Expanding eligibility for Special Event Extended Trading to on-premises and producer/wholesaler licences
- Removing the rule requiring local residents living within a radius of 5km of a registered club to become a member to attend the club
- No longer placing as a ‘standard condition’ on temporary outdoor dining approvals for licensed premises that require patrons to only consume liquor when seated
- Ensuring that a Special Entertainment Precinct can be established on state-owned land such as White Bay or Walsh Bay precincts
- Overriding conditions of development consent that prohibit live entertainment in a Special Entertainment Precinct
- Requiring that councils notify neighbouring residents and businesses of a Special Entertainment Precinct by a notice published on its website and a notation on planning certificates
- SEP Support Hub for councils launched online, with Guidelines, an Acoustic Toolkit, Handbook and templates
- Streamlined pathway for declaring a major event so recurring events of state significance can be more easily supported
- Cultural State Environmental Planning Policy (SEPP) Explanation of Intended Effect on public exhibition
- Consultation on the mutual recognition of mobile outdoor businesses across local government areas
- Entertainment sound guidelines published on system design and acoustic sound management for venues and councils
- One-stop-shop sound complaint portal
- ‘Switching off’ conditions of development consent or plans of management at all licensed premises that prohibit particular music genres, the number or types of instruments, the number of musicians, the playing of original music, whether dancing occurs, the presence of a dancefloor, the direction a stage faces or use of decorations (e.g. mirror balls)
- ‘Switching off’ conditions of development consent or plans of management that prohibit ‘live entertainment’ at hotels, clubs and small bars (only)
- Changes to enable automatic notation on planning certificates about whether a property is in a Special Entertainment Precinct
- Referral pathway to mediation for significant live music or performance venues involved in a dispute
- Development of regulations and guidance material for mutual recognition of mobile outdoor businesses across local government areas
Watch the videos to learn what’s already changed
Vibrancy Reforms: Supporting more live music with incentives for venues
Vibrancy Reforms: A fairer approach to managing entertainment noise
Vibrancy Reforms: Making it easier for outdoor dining
Frequently asked questions
NSW offers some of the best venues in the country, but there is still more that can be done to support them in meeting their full entertainment, economic and creative potential – especially after dark.
The NSW Government and NSW Parliament have endorsed a series of legislative and policy reforms in 2023 and 2024 that aim to achieve this goal.
The reforms will help even more venues stage live music by removing draconian music restrictions, supporting and encouraging councils to establish more Special Entertainment Precincts, making it easier to do business outdoors and additional support for major events and activation of state-owned precincts.
Many of the reforms have already commenced in 2023 and July 2024. Several new reforms have commenced following the passing of the Act, to give communities and businesses the best opportunity to benefit from the upcoming summer season.
Other proposed reforms are expected to commence over the coming months.
The reforms will benefit many people and groups in NSW, including:
- Councils: The relaxed rules will support councils to enable live performances, outdoor events and temporary street closures, as well as helping to connect them with businesses and creative communities. Councils will benefit from less red tape with streamlined rules for venue sound management, permanent relaxing of rules for outdoor dining and support to establish Special Entertainment Precincts.
- Venues and businesses: These will have greater opportunities to open, expand and diversify and provide more opportunities for people to enjoy arts, culture and live events through more trading hours and opportunities for venues to take part in special events. Venues will enjoy more sensible rules around sound management and more stability in their operations with reforms that will ‘turn off’ development consent conditions that restrict music offerings.
- Creative organisations and performers: Additional performance spaces, cultural events and a thriving live music scene will support jobs growth and help ensure NSW remains an important hub for the creative community.
- Communities and the going-out public: Residents, visitors and tourists will also reap the rewards of a thriving and diversified night-life. This will enrich the social fabric of NSW and stimulate our economy. The going-out public will also enjoy more freedom, with options to move between venues in safe and vibrant areas including Special Entertainment Precincts.
The reforms were created with community safety at the forefront and are designed to diversify our nightlife. The NSW Government is working closely with NSW Health and the NSW Police Force to monitor the implementation of the reforms, including measuring impacts on public health and antisocial behaviour through key data.
Several regional councils have already expressed a desire to enhance their night-time economy and drive tourism activity, and there is an opportunity for regional centres across the state to take advantage of these reforms and build on their unique offerings for residents and visitors.
Some of the reforms apply across NSW including the sound and licensing regulation and the ‘switching off’ of DA conditions. Other reforms are optional for councils and venues to adopt based on their own needs and communities such as Special Entertainment Precincts.
The Office of the 24-Hour Economy Commissioner will track data on the performance of the night-time economy at a NSW and local level, including expenditure, mobility, demographic information, crime, business composition and licensing data from several sources including the Data After Dark platform.
Feedback from local councils, performers, industry and the local community will also be essential to this process.
More information
Liquor licensing reforms - What's changing
Liquor & Gaming NSW has developed specific information for how these reforms impact licensed premises and the hospitality sector.
Planning and the night-time economy
Find out more about how the changes affect development consent conditions and noise management conditions.
Mutual recognition
The Office of Local Government has been consulting on the approvals process for mobile vendors to operate across multiple council areas.
Special Entertainment Precincts
For more information about how the Office of the 24-Hour Economy Commissioner is supporting councils to establish and manage SEPs.
Contact us
For more information on the NSW Vibrancy Reforms, please email:
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