Live Music (R)evolution

It is a concern that many within the live music and entertainment industry are not aware that there is a distinction between a liquor licence and a planning approval for an entertainment venue. The erroneous perception that once you have a liquor licence you can just let the music play is often exacerbated by an absence of accurate information resources to offer guidance in meeting regulations applying to buildings classed as places of assembly or places of public entertainment.

Planning systems are complex and difficult for a layman to research. Each State and Territory has its own idiosyncrasies and processes, some States more strict in their requirements than others. In Queensland and ACT, there are local laws and associated tailored application forms for each local government area.

Planning processes for compliance for places of assembly or places of public entertainment may not only need to ensure compliance with relevant fire safety measures but in some States also address any amenity impacts on the local area arising from the collective behaviour of patrons arriving at and leaving the premises. Most states also regulate these impacts through associated liquor licensing or environmental protection provisions.

A most interesting and elusive area in any discussion of how compliance and fire safety under Australian entertainment regulations are applied is to attempt to define the tipping point between a dedicated place of assembly designed solely for the provision of entertainment, and a hotel or restaurant where any entertainment is ancillary to that primary purpose. Tasmania publishes clear guidelines (pdf) in this area and Victoria has a demarcation line in the building regulations which designates as a prescribed category premises over a certain floor area.

Local law the dominant process

Queensland has an individual local law and associated tailored application form for each local government area, with the ACT also adopting individual local law policies.

Centralised helpline for advice

For venues considering hosting live entertainment, Victoria and South Australia make compliance with regulations easier by providing a phone number for information on requirements for the type of activity they wish to host. This type of resource can save a lot of difficulty, particularly where small scale ancillary entertainment is not classed as a change of use and requires no additional consent.

Dedicated publications on compliance

Both Tasmania and Western Australia have excellent published reference material on regulations and the processes for complying with them, thus enabling applicants to be well prepared prior to the introduction of the activity or to approaching a building surveyor for advice at the construction stage. Again, good accurate information on compliance should be seen as very valuable by the creative sector in giving more certainty and assisting to create performance opportunities.

Definitions of entertainment

At this time the Northern Territory and Victoria retain definitions of entertainment in planning legislation, with an Act amendment of June 2008 in New South Wales removing references in that State.

Clear demarcation between dedicated premises and ancillary use in existing BCA retail compliant hospitality industry venues

Only Tasmania (pdf) publishes a clear direction on the classification of bars and nightclubs with regards to compliance under building regulations. This provides consent authorities with a demarcation in the level of compliance required for certain types of hospitality industry premises: viz. the primary purpose of hotels and restaurants is that of retail premises, therefore a retail level of building compliance is required, whereas a nightclub has a primary purpose as entertainment and is more like a cinema or theatre, and therefore a higher level of fire safety is necessary.

Approval required for large screens

Currently only South Australia requires an approval for use as an entertainment venue for large screens over 2 metres in size. In other States and Territories entertainment such as broadcast sport projected on large screens is either exempt by omission from the higher level of compliance required for live performance, or the planning process is able to adequately assess the premises under existing processes.

Entertainment regulations in force in the United Kingdom give broadcast entertainment on screens a specific exemption from the approvals process that applies if one wishes to have live entertainment in any capacity.

Zoned live music/entertainment precincts

The best example of a zoned precinct for entertainment in Australia is the Valley Music Harmony plan for Fortitude Valley in Queensland. This initiative has seen amendments to the Brisbane City Plan (essentially a Local Environment Plan) that prescribe higher levels of construction compliance in an area zoned under changes to the Queensland Local Government Act under a special section. Additionally, the Queensland Liquor Act has been amended so that licensed premises can emit a higher level of sound from their premises than in the rest of the State in zoned areas.

Recent Victorian Liquor Act amendments have enabled the scheduling of specific entertainment precincts; however, rather than being motivated by encouraging cultural activity, these provisions are intended for harm reduction.

Both the City of Sydney and the City of Perth have introduced development control plans that include areas specific to entertainment and night economic zones. These plans are designed to encourage a mix of land uses as well as those of an entertainment nature, with the Sydney plan specifically tailored to late night trading premises.

Disability discrimination access / egress consideration

There are also implications under Commonwealth Legislation for Disability Discrimination for construction as well as access and egress for all public premises and not just those hosting entertainment.

One department deals with all processes

At this time the South Australian Office of the Liquor and Gambling Commissioner is the only department in the country where there is essentially a “one-stop-shop” where applications for liquor licenses, information on consent and planning approvals procedures for entertainment venues, as well as the assessment of noise and amenity related complaints from entertainment venues and licensed premises can be dealt with.