News

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Under a direction communicated to NSW councils on December 18, 2008, local governments are instructed to remove out of date references and application forms from their websites and forms, and are reminded that all existing approvals are preserved until October 2009.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.

Music Council of Australia Research Reports

Click here to visit the Music Council of Australia Website Click here to visit the Music Council of Australia Research Reports A COMPARISON OF STATE AND TERRITORY LEGISLATION AND REGULATIONS PERTAINING TO THE PRESENTATION OF LIVE ENTERTAINMENT IN LIQUOR-LICENSED VENUES IN AUSTRALIA This study lays out the Australian state and territory legislation and regulations governing liquor-licensed venues in which live music performance is offered. The legislation is associated mainly with the conditions under which liquor licences are granted and the local government and environment regulations governing liquor-licensed and other venues where music is to be offered. At the beginning of the paper, key issues are identified and discussed. One could guess that the majority of professional musical performances in Australia take place in licensed premises such as hotels, clubs and restaurants, despite the often bizarre obstacles thrown up but regulations: for instance, that no regulatory impediments whatever are placed on a large-screen presentation in a hotel of a televised boxing or football match, but to present a lone guitarist may require a renovation of the premises and payment of a special licence fee. The study takes the view that the objectives of any licensing regime should include the fostering of musical culture rather than, as is often the case, constraining it. Dr Richard Letts, Executive Director, Music Council of Australia (MCA) Click here to read the report. Published September 2008. Click here to read the MCA update on the NSW live music regulatory reform. Published October 2008 October 21, 2008

Media Releases

  • Think of it as a little piece of Melbourne, only in Sydney The Australian: 4 April 2009
    After years fighting a losing battle against red tape and poker machines, live performance is ready for an encore in pubs and bars, writes Ashleigh Wilson.

    Small Bar is just as it sounds: a narrow, pocket-sized terrace with polished floorboards and whispered conversations at the wooden tables along the wall. The bar, which has been open for just a few months, is a cosy establishment that attracts 20-something city workers who come for more than the intimacy and wine list. A guitarist and saxophonist can often be heard playing in the corner, adding to the atmosphere and mood. This sort of thing may be common in other cities but it’s a rare sight in central Sydney.

  • New NSW Liquor Laws Opens Doors For Live Music [PDF]APRA|AMCOS applauds the Iemma Government’s introduction of long overdue reforms to the NSW liquor laws. The changes to the regulation of entertainment and live music in this state, effective 1 July 2008, will expand performance opportunities for music creators and support the live music industry in the years to come. July 1, 2008
  • Landmark planning reforms pass NSW Upper House NSW Department of Planning : June 18, 2008 “We have also slashed red tape for the live music and entertainment industry by abolishing rules which require venues to obtain place of public entertainment (POPE) licenses.” NSW Planning Minister Frank Sartor said. See also the Fact Sheet

Survey

The Live Music (R)evolution aims to enable businesses in the hospitality sector to present live music by:

  • lobbying to reduce the excessive regulation that keeps businesses from presenting live music.
  • developing strategies to promote the benefits of live music and to support the presentation of live music in hospitality businesses.

In March 2008 we invited hotels, clubs, restaurants and catering businesses to complete a Live Music Survey to help identify the issues that prevent them from presenting live music and to identify the real benefits of live music. Read the results of our Live Music Survey » [PDF]

Live & Kicking: Case Studies

Venues that put the live in music