Live music and live performance venues, including participating venues located in Special Entertainment Precincts, can access reduced licensing fees and extra trading hours if they meet certain eligibility requirements.
These incentive aim to encourage more live music, performance and other arts and cultural events and employment opportunities for musicians and performers.
Venues can only access the following incentives if they meet certain eligibility criteria and are included on the live music and performance venues published list. Venues must be classed as either a live music venue, a live performance venue, or a participating venue in a Special Entertainment Precinct.
A live music venue must be one of the following licences:
To be eligible, live music performance must form a significant part of the venue’s normal operations. To meet this test, venues must be able to show:
A live performance venue must be a music hall, concert hall, dance hall, theatre or other venue that is licensed under an on-premises licence relating to a public entertainment venue.
The venue must be used primarily for live performances or other creative or cultural events.
Live music and performance venues have access to the following incentives:
Under section 12A(4) of the Liquor Act 2007, this extended trading incentive overrides the special licence condition ‘liquor sales cessation period’ for certain venues in Sydney CBD and Kings Cross that need to comply with the condition.
Special Entertainment Precincts support live entertainment, via extended trading hours for live music venues and fee reductions for participating venues. A Special Entertainment Precinct is a precinct designated under section 202 of the Local Government Act 1993.
To be a participating venue in a special entertainment precinct, venues must notify L&GNSW of their intention to hold live music performances or other arts and cultural events at the venue. This scheme is open to any liquor licensed venue in a Special Entertainment Precinct. To notify L&GNSW, submit an application.
Participating venues in Special Entertainment Precincts have access to the following incentives:
Note: participating venues in Special Entertainment Precincts Venues that meet the eligibility criteria for being a ‘live music venue’ or a ‘live performance venue’ are also able to apply to L&GNSW to be a live music and performance venue by submitting an application.
Venues that are both participating venues in a Special Entertainment Precinct, as well as listed as a live music and performance venue, will have access to both a 1 hour trading extension on all nights of the week, and a 2-hour liquor trading extension on nights where the venue hosts a live music performance or event, for 45 minutes or more, after 8pm.
More information about Special Entertainment Precincts can be found on the NSW Planning website.
Eligible venues can apply to be included on the list of live music and performance venues, or participating venues in Special Entertainment Precincts, by submitting an application.
A list of all venues that are currently able to access these incentives is available here.
Under section 12B of the Liquor Act 2007, if the trading period for licenced premises is extended under these incentives, it is a condition of the licence that the licensee keep a record of each live music performance or other arts and cultural event held or provided on the licensed premises.
A licensee must comply with any conditions to which the licence is subject.
The licensee must keep these records for at least one year, with the below information for each event:
Venues can maintain a register in either hard-copy or digital format and it must be made available to Liquor & Gaming NSW compliance officers or the NSW Police Force if requested.
L&GNSW has discretion to not apply these incentives in a range of circumstances, including:
If a venue’s business model changes over time and it no longer meets eligibility requirements, it will be removed from the list and the incentives will no longer be available.
Any venue that does not fulfil its obligations under this scheme, such as the mandatory record keeping requirements, may be removed from the list and the incentives will no longer be available.
Q: What if I can’t use the liquor trading extension due to my development consent conditions?
A: Venues can only make use of the liquor trading extensions if their development consent also permits the venue to stay open during the extended time.
Venues should contact their council if they need to change their development consent trading hours.
City of Sydney Council has established arrangements for venues in late-night trading areas that host cultural events and live performance to apply for an additional operating hour when hosting music, visual or performance art or other cultural events. These may be of interest.
Q: Will I pay extra trading hour risk loading if using the liquor trading extension?
A: No. There are no additional charges.
Q: What happens if I am applying for a licence to establish a new venue with a focus on live music and performance? Am I eligible for these discounts?
A: Once your application for a new liquor licence has been granted, you may apply for the live music discount.
Q : I have paid the full fee for an extended trading authorisation (ETA) and am also on the list of live music venues. How do I get the 80% fee reduction?
A: Liquor & Gaming NSW can refund 80% of the application fee for a permanent extended trading authorisation if your venue is added to the list within 12 months of the application being made.
Q: What if I stop providing live music or performances due to changed operations?
A: Upon knowing you are no longer eligible to access incentives available for these venues, you must notify and email Liquor & Gaming NSW as soon as possible.
Liquor & Gaming NSW will also rely on operational information to make assessments about ongoing eligibility from time to time.
Venues that are no longer eligible will be removed from the list and this will be confirmed with the licensee.