The government is also overhauling regulatory frameworks to prevent single complainants from shutting down venues.
A package of reforms to be introduced to Parliament will put the age of lockouts and over-regulation behind us, with venues that host live music empowered to trade 2 hours longer under streamlined licensing laws.
The vibrancy package will strip back the current tangle of red tape to allow just one set of laws for noise disturbance complaints against live music and performance venues, with higher hurdles imposed for complaints to progress and no avenue for a single complainant to close venues.
Currently, there are 7 agencies that accept noise complaints. The government’s proposed changes will streamline the process by making Liquor and Gaming NSW the lead in managing noise complaints against licensed venues.
The 'order of occupancy' will be made a central consideration in disturbance complaints to address the situation in which newcomers to a neighbourhood work to shut down or wind back the entertainment offerings and/or operating hours of established venues.
The changes will be delivered through 6 areas of reform:
Sensible venue sound management
A single noise complainant will no longer be able to shut down a venue.
Liquor and Gaming NSW becomes the lead regulator of formal entertainment sound-related complaints for licensed premises, removing complex and highly subjective noise tests.
Vibrant, coordinated precincts
The success of the Enmore Road Special Entertainment Precinct, now rated one of the best going-out districts in the world, will be expanded to other areas via a new framework for councils that makes it easier for them to deliver vibrant, safe going-out destinations supported by adequate and reliable transport and good lighting.
An activated outdoors
COVID-19 showed us that Sydney is a city that does alfresco well.
The reforms will permanently relax the rules for outdoor dining allowing venues to make the most of their outdoor space with a quicker, light-touch application process.
Councils will also be supported to ease the way for creatives and community groups to stage pop-up events and festivals, including street closures and global pre-approvals for event sites.
Empowering the 24-hour economy commissioner to deliver a sustainable, thriving night-time economy
NSW is the first jurisdiction in the world to appoint a 24-hour economy commissioner, and the role will now be made a statutory appointment with an expanded remit beyond Greater Sydney, to include Newcastle, Wollongong and the Central Coast to make this a permanent priority for the government.
The statutory appoinment solidifies the night-time economy’s standing within government and allows the commissioner to work across government to ensure these reforms benefit a range of industries across the sector.
The commisioner will continue to be responsible for ensuring that as these reforms are implemented, fun doesn’t come at the expense of a safe night out.
Licensing
A common-sense approach to risk will be adopted in relation to liquor regulation, removing outdated rules, and beginning work to streamline planning and licensing processes.
More efficient consultation will make it easier for venues to open and diversify, and for communities to have their say. Plus, meaningful incentives for venues to feature live music and performances will drive new employment opportunities for creatives and entertainment options for audiences.
Improving the night-time sector for workers
The amenity of the city shouldn’t be reduced because of the hours people work. The 24-hour economy commissioner will develop a plan to make our state a better place to work for those who don’t work 9 to 5.
Existing legislation will be amended to support the NSW Government’s Vibrancy Reforms, including the Liquor Act 2007, the Protection of the Environment Operations Act 1997, the Local Government Act 1993, and the Environmental Planning and Assessment Act 1979.
A new Bill will be introduced for the statutory appointment of the 24-hour economy commissioner.
The NSW Government is spending in excess of $58 million in 2023–2024 on supporting this work and will be seeking co-funding from the hospitality and entertainment sector.
Deputy Premier and Minister for Western Sydney Prue Car said:
“The vibrancy package is a whole-of-government priority and we expect to deliver the initial reforms ahead of summer so that venues have the chance to respond and communities, including those in western Sydney, will have more options for music and live entertainment.
“Western Sydney has a multitude of thriving and varied night-life cultures, from areas like Lakemba, which has recently been recognised with a Purple Flag accreditation, to Parramatta, where the Parramatta Lanes festival is showcasing the best in music and food. This package will give businesses the certainty they need to open and continue to entertain Western Sydney residents and visitors."
Minister for Music and the Night-time Economy John Graham said:
“As a government we know we need to change the laws in this state to value music, to value creativity, to support community and to bring back vibrancy.
“We need to change the rules in the planning and liquor laws to save the music and cultural venues we have, and to build more.
“We need to change the rules around outdoor and street activation so that music, culture and entertainment can spill outdoors.
“We especially need to change the rules for sound and noise complaints that allow a single neighbour to make serial complaints to close a long-running venue they have just moved in next to.
“We are stopping the great NSW sport of single-neighbour serial complaints that close down venues.
“We want to encourage businesses to innovate and put on live performance, by giving them certainty. We want to create a safe and diverse set of options for people when they go out, to go to a pub, to see a show, to get a late-night meal. We want to activate our streets – see people milling on pavements after an exhibition or show, or dancing in the streets at a festival.”
Minister for Planning and Public Spaces Paul Scully said:
“The current outdoor dining exemptions have given the hospitality industry much-needed flexibility and allowed greater productivity.
“We made an election commitment to make outdoor dining permanently available across NSW, supporting the hospitality sector and boosting the economy and we are delivering it.
“It means pubs, cafes, bars and restaurants won’t have to submit a detailed development application – just a faster and more cost-effective complying development certificate.
“The proposals include safeguards with development standards for permissible locations, restrictions on smoking and gaming machines and the amount of outdoor space used.”
Minister for Gaming and Racing David Harris said:
“If you speak to any venue, they’ll tell you the regulatory frameworks for sound management and liquor licensing are incredibly confusing and complex and prevent them from trading at their full potential.
“Our reforms slash red tape and streamline processes so businesses can focus on what’s important – delivering a great experience for their customers.
“The number, viability and growth of venues and entertainment and performance spaces has been unduly reduced and restricted by planning, licensing and noise regulatory frameworks that are duplicative, outdated and complex. It’s time to change that.”
Find more information about the NSW Government’s Vibrancy Reforms.
