When to make a statutory disturbance complaint
You can make a statutory disturbance complaint if a venue’s operations or its patrons (after leaving the venue) are causing undue or unreasonable and serious disturbances to the neighbourhood. This includes antisocial behaviour or alcohol-related violence.
A statutory disturbance complaint is a formal complaint under section 79B of the Liquor Act 2007. This is different to a general noise complaint.
Noise complaints relate to general concerns about the level of noise from a licensed venue. They may be resolved quickly and informally.
For more information about this process and how to lodge a complaint, see noise complaints.
Who can make a statutory disturbance complaint?
You can lodge a complaint if you are:
- A group of 5 or more people who live or work in the neighbourhood. You must be from different households or businesses, and you must have tried to resolve the issue with the licensee.
- NSW Police.
- A person or organisation who can demonstrate that they should be allowed to make the complaint because it is severe or in the public interest. You must provide evidence to support this.
When we will not accept a complaint
Liquor & Gaming NSW (L&GNSW) will not accept a statutory disturbance complaint if:
- You have not tried to resolve the issue directly with the licensee or venue operator.
- No previous reports of disturbance for the venue have been made to Liquor & Gaming NSW.
- There are already noise conditions on the venue’s liquor licence, and we consider it more appropriate for these conditions to be enforced.
How we handle your complaint
Once we receive a complaint, we assess how best to manage the issues. We may:
- encourage you and the licensee to resolve the issue between yourselves
- offer mediation between you and the licensee
- ask the licensee to take voluntary steps to reduce the noise
- impose conditions on the venue’s liquor licence or vary existing licence conditions
- issue an improvement notice or direction to the licensee or venue staff
- address the allegations by remedial engagement with the licensee
- accept the complaint and manage it under the disturbance complaint provisions in the Liquor Act 2007.
If we accept your complaint, we may:
- ask for written submissions from the people involved
- hold a meeting (called a conference) to hear submissions about the complaint.
We will also invite NSW Police and local council representatives to provide information and be involved in the process.
Everyone involved will have a fair chance to voice their opinion, and we will follow the rules of natural justice and due process.
We will then decide if there is enough evidence to prove that the venue is causing undue, unreasonable or serious disturbance.
For further information about the disturbance complaint process and framework, see the Statutory Disturbance Complaint fact sheet.
Issues we consider
Before making a decision, we consider a range of information, including:
- Information from NSW Police, the local council, the complainant, and the licensee or venue operator. This helps to establish the level of disturbance and the appropriate regulatory outcome
- The order of occupancy between the complainant and the licensed venue. This favours who was there first
- Any changes, including structural changes, that the complainant or the licensed venue operators have made to their respective properties
- Any substantial changes to the operation of the business at the licensed venue.
For more information, see the Statutory Disturbance Complaint Guidelines.
What happens after a complaint
After reviewing the complaint, possible outcomes include:
- No further action
- A warning issued to the licensee
- An existing condition on the liquor licence may be varied or revoked
- If a conference is held, it may be paused while the licensee takes agreed actions
- Conditions added to the venue’s liquor licence, such as requirements to:
- limit noise
- install a noise limiter
- restrict liquor sales
- add security measures
- implement a Liquor Plan of Management
- joining and following a local liquor accord
- reduce trading hours or public access to the venue.
How long it takes
There is no set timeframe. We try to resolve complaints quickly, but because of the number of people involved and the need to be fair, it can take several months.
If you disagree with the decision
You can ask the Independent Liquor & Gaming Authority to review the decision. For details, see Authority Guideline 2 Applications for review.
Lodge a complaint
If you have tried to resolve the issue directly with the licensee, you can submit your complaint.
Before you start the complaint form, make sure you have the following ready:
- Details of who you were speaking to from the venue and what happened
- At least four completed authorisation forms
- Supporting material for the alleged disturbance issues. This may include a noise log or diary of the alleged disturbance, video or audio footage.