This information relates to entertainment provided at licensed venues and events. On this page you can access sections on:
Conditions: noise, sound, live music
A range of conditions may be used to help manage impacts from entertainment related sound on the local community.
In 2024, the Vibrancy Reforms included changes to regulating sound, including conditions. The below discusses what conditions are relevant to the liquor licence or the development consent:
Liquor licence conditions
Conditions may include:
- limits on noise levels or emissions (For example, LA10 noise criteria conditions), and
- conditions to prevent excessive noise from a particular part of a premises, such as an outdoor area, or undue neighbourhood disturbance late at night.
- Participation in a Special Entertainment Precinct
These conditions typically will remain on liquor licences unless there is a valid reason for removal.
For general information about licence conditions and sound regulation
See:
Development consent conditions
Local councils often set noise-related conditions as part of a venue’s development consent. Councils apply these under local planning laws.
Under the Vibrancy Reforms, some of these conditions will no longer apply while a venue is licensed under the Liquor Act 2007. This commenced on 1 July 2024.
The following development consent conditions automatically ceased to have effect from 1 July 2024:
- decibel-based limits, such as LA10 noise criteria
- rules about when live or amplified music can be played
- requirements to use a noise limiter
- conditions about the placement or use of speakers.
Venues and councils don’t need to take any action to make this change happen.
All other development consent conditions will continue to apply to licensed venues. These include (but aren’t limited to):
- staffing requirements
- building design and soundproofing
- signage rules
- heating, ventilation and air conditioning (HVAC) noise
- waste and recycling, including glass collection and disposal
- maximum patron capacity.
Review of 'other' conditions relating to live music
Do you believe you have a valid case for the removal of other types of conditions that limit live music?
You may be eligible to apply to have these conditions reviewed, such as:
- 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 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 for a minimum period of 30 days.
Councils, Police, neighbouring residents and businesses, and other stakeholders 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.
Your current circumstances can be considered, along with any relevant changes to your business model or operation over time.
Applications to review these conditions have no fee.
Licensees can apply using the Removal of liquor licence condition - live entertainment/music form - AM0122 (PDF 824.45KB)
Common questions about the change
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.
A: Liquor & Gaming NSW aims to have applications decided within 120 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.