Music festival common questions
Common questions we get asked a lot about from the music festival organisers.
Is my event a music festival?
A music festival is a music or dance-focused, ticketed event (that is not a concert) with performances by a series of persons or groups, within a defined area and attended by 2,000 or more people.
The complete definition of ‘music festival’ is in section 3 of the Music Festivals Act 2019.
Some music festivals may not fall within the definition of ‘music festival’ in the Music Festivals Act 2019.
If you are unsure if your event is a music festival email the music festivals team
Who is the music festival organiser?
The music festival organiser is the person or other entity noted on the public liability insurance policy provided to the owner of the premises or local council where the festival will be held.
What is a subject festival?
A subject festival is a music festival that must have a safety management plan (SMP) which also must be approved by ILGA.
Not all festivals are a ‘subject festival’ under the Music Festivals Act 2019. A subject festival must have a safety management plan (SMP) approved by ILGA before the festival can go ahead.
Is it too late for me to do the early notification form?
Email the music festivals team
I did the early notification form and ILGA did not need to approve my SMP. I want to run the same festival again in a year. Do I do the early notification form again?
No, you do not. Provided there are no substantial changes to your festival or other relevant environmental factors. If there are substantial changes to how your festival will run, you must complete the Early Notification Form.
Does ILGA need to approve my SMP?
If ILGA says your festival is a ‘subject festival’ you will need to submit your SMP for approval. It is an offence not to have an approved SMP.
What does ILGA consider to decide if my festival is a ‘subject festival’?
The information below is used to decide if your festival is a ‘subject festival’:
- advice from NSW Health, NSW Police, or the music festival roundtable
- if a death occurred at the music festival or in connection with it in the last 3 years
- if a person has been admitted to an intensive care unit because of alcohol or drug use, crowd behaviour or improper safety management at the festival or an event related to it in the last 3 years
- any submissions you make to ILGA with reasons why the proposed music festival is not a subject festival.
To learn more about the matters ILGA can consider see section 5 of the Music Festivals Act 2019.
ILGA can ask for more information from you to decide if your festival is a ‘subject festival’.
What role do NSW Health and NSW Police have in approving my SMP?
To assess your SMP ILGA will seek advice from: NSW Police, NSW Health, Fire and Rescue NSW or the Rural Fire Service and the relevant local Council. ILGA will tell you if these agencies suggest changes to the SMP you have submitted.
I had to submit a SMP for my festival in the past. Do I have to submit one for the same festival again?
Yes, you do. If ILGA told you to submit SMP for approval in the past you will need to do one again for your next festival. The ‘subject festival’ status of your festival still applies. If there are any significant changes to your festival or other relevant environmental factors, you can make a submission for ILGA to consider. Email your submission to the music festivals team
More patrons will now attend my festival than the number I had in the SMP I submitted. What do I do?
You must email the music festivals team if the number of patrons attending your festival is more than the number you have in your SMP.
If the increase in the number of patrons attending is:
- 10 percent (or less) than the maximum patron number in your SMP, you must tell ILGA of the new number of patrons attending at least 21 days before your festival starts. This will ensure there is suitable health and police resourcing at your festival.
- more than a 10 per cent increase to the maximum patron number in your SMP, ILGA can consider the increase if there are exceptional circumstances. ILGA will consult with NSW Health and NSW Police before this is agreed and you will need you to submit a new SMP.
My festival was classed a subject festival. Do I have to keep an incident register at my festival?
Yes, you do. Incidents must be recorded in the incident register and must be kept for at least 3 years.
Incident registers must be in the format approved by ILGA. Paper-based or digital incident registers can be used. Hard copy incident registers cost $20 and can ordered on the NSW Government Shop NSW website.
If you use a digital incident register it must have the same content as the hard copy version. It must record the time and date of any entry in the register. Digital registers can help you share information with those that are required to record incidents. Learn more at digital incident registers.
An incident register must be available for inspection if requested by a police officer, health officer, or Liquor & Gaming NSW inspector. Copies may also be requested or requests for it to be removed.
For more information see Section 11 of the Music Festivals Act 2019.
Can I keep one incident register to meet my reporting requirements under the Music Festivals Act 2019 and my liquor licence?
Yes, you can. You must tell us you will keep one incident register in Part D: Section 2 of your SMP.
In some cases, liquor licensees must keep an incident register while trading at a music festival. The festival organiser and the licensee can agree that one incident register will be kept by the organiser during the festival. See 102A and 122B of the Liquor Regulation for more details.
The licensee should check the register at the end of the festival to make sure it is complete and accurate, before making copies. The licensee should record incidents or details that may be missing, before signing the register to confirm it is a complete record.
If there is disagreement in the events recorded for a specific incident, including any action the licensee has taken, the licensee should separately record the incident and response in their own register.
The licensee must keep the register for 3 years.
Can I keep one register for security incidents and incidents under the Music Festivals Act 2019?
It depends on the type of incident to be recorded by the festival organiser.
Incidents that must be recorded in the security incident register include: where a licensee’s dog attacks a person, the licensee removes a firearm from its holster and where the licensee discharges a firearm.
The similar incidents below must be recorded in both the music festival incident register and the security incident register:
Incidents recorded under Music Festivals Act 2019 | Incidents recorded under the Security Regulation 2016 |
---|---|
an incident involving violence or anti-social behaviour occurring on the premises on which the festival is being held (section 11(2)(c)) | a Class 1A, 1B, 1C, 1D or 1F licensee makes forcible physical contact with, or physically restrains, a member of the public |
an incident that results in a person being turned out of the premises (section 11(2)(f)) | a Class 1C licensee ejects a member of the public from, or directs a person to leave, the premises or site at which they are carrying on security activities |
Does a health service provider briefing need to be requested before it can be held?
No, it does not. If you do not arrange health service provider briefings for your festival, NSW Government agencies and the local council can ask you to arrange a briefing with those engaged to provide health services at the festival.
If this request is made, you must arrange a health service provider briefing and invite the agencies and the local council. For more detail on how health service provider briefings can be requested see section 10(5) of the Music Festivals Act 2019.