Last updated 5 November 2021
Changes to NSW liquor laws support more live music and performance, arts and cultural events at licensed venues across the state.
Reforms that started on 11 December 2020 cut red tape, remove outdated conditions on live entertainment, and incentivise venues to put on live music and other arts and cultural events.
This builds on the NSW Government’s efforts over recent years to support a vibrant and safe 24-hour economy and improve the way the industry is regulated.
Certain ‘live entertainment conditions’ on liquor licences automatically stopped having effect from 11 December 2020.
This includes:
Types
Examples
Conditions that restrict the types of genres that can be played or performed at licensed venues
Conditions restricting certain musical instruments being played
Conditions restricting the number of musicians or acts that may be performed
Condition that restricts the performance of original music
Condition that restricts a stage/performer from facing a particular direction
Condition that restricts decorations
Condition that prohibits:
at all times across the entire premises
Condition that prohibits or restricts a presence of a dance floor
Liquor & Gaming NSW Compliance inspectors and NSW Police no longer monitor whether venues are complying with the above licence conditions.
Licence documents have been updated to reflect this change.
If licensees still have any of the above conditions shown on their licence onwards, and believe that their licence has not been updated, they can send a request to Liquor & Gaming NSW to address this, visit the contact L&GNSW webpage.
Live entertainment conditions that are automatically removed cannot be imposed again on licences in future.
However, a range of alternative conditions may be used to help manage impacts from entertainment sound on the local community if needed.
Other types of licence conditions can be imposed such as:
These conditions typically will remain on liquor licences unless there is a valid reason for removal.
If a licensee believes they have a valid case for removal of other types of conditions that limit live music, they may be eligible to apply to have these conditions reviewed for free. This ensures their current circumstances can be considered, along with any relevant changes to their business model or operation over time.
A free review is available for other conditions that ban or restrict the playing or performing of live music or live entertainment, or playing of amplified music, in a part of the licensed premises and/or at particular times of the day.
For example, ‘no live music or entertainment in the beer garden after 10pm’.
The free review does not extend to conditions that have been imposed to place limits on noise levels - such as LA10 noise conditions.
Applications will be subject to community consultation and posted on the Liquor & Gaming NSW Application Noticeboard. Notice periods are 30 days.
Relevant councils, and neighbouring residents and businesses, have the opportunity to make a submission during this public consultation period to voice their support or raised concerns about applications that may impact them.
Licensees can apply using the Removal of liquor licence condition - live entertainment/music form - AM0122 PDF, 824.45 KB.
Q: What happens if there are undue impacts on the local community as a result of live entertainment conditions being automatically removed?
A: Local residents and businesses are always encouraged to first discuss their concerns directly with the venue. If the venue is not responsive, they are able to use form to make a written complaint to Liquor & Gaming NSW - FM2036 PDF, 725.93 KB through a special process.
Liquor & Gaming NSW will investigate and can readily impose alternative, contemporary conditions to manage entertainment sound if need be. Decision-makers must be satisfied that the quiet and good order of the neighbourhood is being unduly disturbed as a result of the automatic removal of conditions.
Local councils and police are also able to raise any concerns or complaints directly with Liquor & Gaming NSW.
Q: Can on-premises venues like restaurants start operating more like nightclubs or dance party venues as a result of changes to automatically remove licence conditions on dance floors, DJ booths and mirror balls?
A: No. Venues must still operate in line with their licence type under the Liquor Act 2007. They are not permitted to morph in this way.
The primary purpose of standard restaurants and cafés when operating under the on-premises licence type must always be the business of preparing and serving meals to the public, including genuine meals consumed by a person at a dining table.
Restaurants cannot start regularly pushing away all the dining tables to create a dancefloor late at night so customers can dance to DJ music, and stop serving meals. They would fail this primary purpose test. They would need to apply for a different type of licence.
Q: What happens if these types of entertainment conditions are also in development consents issued by local councils?
A: The automatic lifting of liquor licence conditions does not affect any entertainment conditions in development consents. Venues must still comply with any consent conditions unless varied or removed by their local council.
Venues can apply to their local council to have development consent conditions varied or lifted. Councils are encouraged to take a flexible approach when assessing any applications from venues to remove or vary consent conditions that are outdated or onerous.
Councils are also being given new powers from 11 December 2020 that they can consider using to remove these types of conditions proactively through a streamlined process. It is up to each council as to whether they use this process.
Q: How long will it take to consider my application for a free review of conditions?
A: Liquor & Gaming NSW aims to have applications decided within120 days of receipt. Processing times will vary depending on factors such as the complexity of the application. However, if local stakeholders raise any valid objections, processing times may be longer.
Licencing incentives are available for live music and performance venues, including reduced licensing fees and extra trading hours. Please visit the Incentives for Live music and performance venues webpage for more information.
The objects of the Liquor Act 2007 changed on 30 April 2021 to emphasise that people exercising functions under the Act must have due regard to the need to support employment and other opportunities in the-
(i) live music industry, and
(ii) arts, tourism, community and cultural sectors.
The Authority must consider these factors in deciding whether to grant a licence.
Part of the Community Impact Statement process is to help inform the Authority on whether the approval of a licensing application will provide these opportunities.
Businesses are encouraged to consider these factors and convey relevant information when making liquor licensing applications.
The change recognises the integral role live entertainment and the arts plays in our community and will positively support musicians, performers and other artists in these sectors.
Liquor licensing procedures and applications forms have been updated to reflect this change.
From 30 April 2021, Councils can choose to take a leading role in managing complaints about noise emitted wholly from inside licensed premises in their local area, including entertainment sound.
If they have their own local plan for managing complaints, they can notify Liquor & Gaming NSW in writing that they want to handle complaints from local residents and businesses using the FM2041 Local council’s notice to manage noise complaints PDF, 634.01 KB.
Once notification occurs, Liquor & Gaming NSW will no longer provide a separate, additional avenue for these complaints and will direct residents and businesses to the relevant Council.
Some of the key benefits for councils and their local communities include:
Q: How would I know which local councils have opted-in to manage noise?
A: Once Liquor & Gaming NSW receives Council’s notification letter our website will be updated to reflect the list of local councils that have opted-in to manage noise complaints. If a council revokes the notice, we will also update the website.
Q: Can councils continue to refer complaints to Liquor & Gaming NSW once they have notified?
A: Yes. Councils can continue to direct complaints through to Liquor & Gaming NSW where it is best dealt with by us. For example, if the complaint relates specifically to liquor licence conditions, or noise from patrons once they have departed a venue.
Q: Can Liquor & Gaming NSW continue to refer complaints to councils?
A: Yes. Liquor & Gaming NSW may continue to refer disturbance complaints to councils if a local resident or business has submitted a complaint to us which should be dealt with by a council instead – for example, where it relates to a development consent condition.
From 30 April 2021, councils have the option to establish ‘Special Entertainment Precincts’ following changes to local government laws.
These Precincts are areas where councils can decide requirements for amplified music and adopt their own plans to encourage more live music and performance. They can include a single premise, or a precinct, streetscape or otherwise defined locality in the council’s area.
Any requirements on amplified music that would normally be in place under the Liquor Act 2007 will not apply in these Precincts, including any licence conditions on amplified music.
To support the establishment of these Precincts, councils are strongly encouraged to first notify and consult with Liquor & Gaming NSW using FM2042 Local council’s notice of intention to establish a special entertainment precinct PDF, 191.85 KB.
This consultation is important to ensure there is no duplication of regulatory responsibilities once a Precinct is established, and it is clear which venues receive the 30-minute trading extensions.
Q: What is meant by ‘amplified’ music?
A: Amplified music means music or sound emitted from an amplification device, whether electrical, battery powered or otherwise. This may include music amplified by speakers, sound systems, juke boxes, radios, tape recorders, CD and DVD players, television sets and home entertainment systems.
Q: What will happen to conditions relating to amplified music on liquor licences?
A: Amplified music conditions on liquor licences will no longer be enforced by Liquor & Gaming NSW, or be newly imposed on licences, in any established Special Entertainment Precincts.
Before establishing a Precinct, local councils are strongly encouraged to consult with Liquor & Gaming NSW about any licence conditions applying to premises in that area that are relevant to the regulation of amplified music – including:
This consultation will enable Liquor & Gaming NSW to implement changes to its compliance and enforcement approach.
Q: What is the process for disturbance complaints relating to amplified music?
A: Councils are strongly encouraged to opt-in to manage noise complaints if a Special Entertainment Precinct is to be established in their council area (see above section – Standardising approaches to noise complaints).
If a Council has not opted-in to manage noise, then Liquor & Gaming NSW would refer all complaints relating to amplified music in Special Entertainment Precincts to Council when such complaints are received. This is because Liquor & Gaming NSW will no longer have power to impose conditions relating to amplified music to respond to the complaint received.
Q: What happens if the boundaries of the Special Entertainment Precinct changes?
A: If a Special Entertainment Precinct’s boundary changes – for example, expanded or retracted – Council is encouraged to notify Liquor & Gaming NSW ahead of any changes by using FM2042 Local council’s notice of intention to establish a special entertainment precinct PDF, 191.85 KB.
The changes are contained in the Liquor Amendment (Night-time Economy) Act 2020.
A copy of the Act can be found on the NSW Legislation website.
