Removal of POPE licences from NSW

Removal of POPE licences from NSW

Great news for live entertainment and musicians in NSW with the NSW Government instructing councils across the state that they can no longer require development consent for small scale live entertainment in pubs, bars, cafes and restaurants.
Click here to read the media release from NSW Planning Minister, Kristina Keneally - “Live entertainment coming to a bar near you
Click here to read the circular from the NSW Director General of Planning, Sam Haddad - “Entertainment in pubs, bars, cafe’s and restaurants
Under a direction communicated to NSW councils on December 18, 2008, local governments are instructed to remove out of date references and application forms from their websites and forms, and are reminded that all existing approvals are preserved until October 2009.
“The provision of these types of incidental entertainment does not change the principal purpose of the pub, bar, cafe or restaurant premises – the premises continue to be used for the principal purpose of eating and drinking.
The continued similar provision of incidental recorded or live music or video or television screens at pubs, bars, cafes and restaurants venues without changing the principal use of the premises, does not require further development consent as long as the premises continues to be used primarily for eating and drinking”.

The implications of these reforms are featured in the Sydney Morning Herald (19/12/08) in two articles:

Rhythm and booze as music returns to pubs
The PoPE is dead, long live the bands and comedians

In further developments from NSW, the NSW Office of Liquor, Gaming and Racing last week introduced the Liquor Amendment (Miscellaneous) Regulation 2008.

This amendment to the NSW liquor laws introduces changes to the Community Impact Statement (CIS) process that are designed to further streamline applications for new liquor licenses in NSW.

Changes include:

• Removing the requirement for a CIS where applicants only wish to operate a restaurant
• Replacing the requirement for applicants to serve a notice on local residents for a category A CIS with a requirement to display the notice on the (proposed) premises
• Category B CIS notifications need only be given to the building or strata manager or by displaying notification in the building’s lobby or foyer in the case of high-rise buildings.

Visit the NSW Office of Liquor, Gaming and Racing website for more information on these recent changes.

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