Vibrancy Reforms

The NSW Government is committed to supporting the state’s live music and performance venues to thrive and meet their full creative, entertainment and economic potential.

• Since 1 July 2024, a fairer approach to managing entertainment sound has been in place for licensed venues, including:
  • Liquor & Gaming as the lead regulator of entertainment sound coming from all licensed venues
  • increasing the number of complainants from 3 to 5 before a statutory disturbance complaint will be considered (the complainants must be from different households)
  • order of occupancy is now a key consideration

  • complainants must attempt to resolve disputes with the licensee before lodging a disturbance complaint.

    Note: there has been no change in how noise is managed for unlicensed venues. For more information contact the relevant local council. 

• ‘Switch off’ of conditions of development consent or plans of management:
  • For all licensed venues, conditions of development consent (except state significant developments or complying developments) or plans of management have been ‘switched off’ where they relate to music genres, type or number of instruments, the number of musicians, and the playing of original music and also whether there is a dancefloor, the direction of the stage or what decorations are used (e.g. a mirror ball).
  • For hotels, clubs, and small bars only, conditions of development consent (except complying developments) or plans of management have been ‘switched off’ that prohibit live music or entertainment altogether (e.g. the venue has a ‘no live entertainment’ condition).

These changes follow similar changes to the ‘switching off’ of music-related conditions on liquor licences made in 2020 via the Liquor Amendment (Night-time Economy) Act 2020.

• Removed the requirement for a development application when programming low-impact indoor and outdoor music and entertainment (even in residential zones) within designated hours and weekly frequencies (via an exempt development pathway established through the Cultural SEPP. Visit night-time economy for more information)
• In 2026, new mediation support will be available for significant live music venues to resolve conflicts.

For more information about the entertainment sound management reforms, please visit Liquor & Gaming Reforms to the regulation of venue sound management.

For more information about the entertainment sound management reforms, please visit Planning Night-time economy.

Through the Vibrancy Reforms, the NSW Government is removing barriers to support existing live music venues and encourage the growth of new ones.

Incentives are available to licensed venues that feature live music and performance including an 80% reduction in liquor licence fees and 2 hours’ extended trading (subject to development consent) on nights they offer live music. To qualify, live music and performance venues must hold 2 live music or performance events a week, that run for at least 45 minutes after 8pm.

The requirement for a ‘dedicated room or space’ for performance will change for certain venues, to allow eligibility where a ‘space is predominantly or frequently used for live music’. This reform will benefit regional venues that regularly host performances but may not have a purpose-built live music area.

From 15 March 2026, further changes will also be made to live music incentive scheme around the number of performances that must be held to qualify.

• Eligible performances will begin from 6pm on weeknights and after 12 noon on weekends, rather than the previous 8pm threshold. This change reflects earlier peak periods and public transport limitations in some areas.
• For venues in metropolitan areas, 10 live music or performance events will need to be held per month in order to qualify.
• For regional venues, it will remain 2 live music or performance events per week, however these can be averaged across a year (e.g. 104 events per year). Regional venues have a lower threshold to qualify in recognition of the disproportionate impact seasonality and artist availability can have in regional areas.

For more information about incentives for live music and performance venues, please visit Liquor & Gaming Incentives for live music and performance venues.

The NSW Government is making it easier for councils and businesses to support more activated communities by making outdoor dining, street activation and events more flexible across NSW.

• Food and drink premises and registered clubs can permanently use their private land and car parking spaces for outdoor dining without the need to submit a development application. This exempt development also applies to artisan food and drink industries, such as microbreweries, and to farmgate premises, such as farm cafes.
• Venues with outdoor dining on private land and registered clubs can increase their patron capacity without the need to modify their development consent, with more generous increases in Special Entertainment Precincts. The increase depends on the current approved capacity:
  • If a venue is approved for up to 100 patrons, patron capacity can be increased by up to 20 percent.
  • If a venue is approved for more than 100 patrons, patron capacity can be increased by up to 15 percent, with a maximum of 50 additional patrons.
  • If a venue is in a Special Entertainment Precinct, patron capacity may be able to increase by up to 30 percent, with a maximum of 100 additional patrons.
• More venue types are allowed to access longer trading hours during special events:
  • For licensed premises, Special Event Extended Trading now includes on-premises licences (restaurants/cafes), wholesaler/producer licences (e.g. breweries), small bars, general bars, live music and performance venues, hotels and registered clubs. Special Event Extended Trading is also now allowed for 24 hours prior to the event, supporting tourism outcomes for local areas. (For more information, please visit Liquor & Gaming Special Event Extended Trading.
  • For unlicensed premises, councils can now declare special events to temporarily allow unlicensed venues like shops and cafes to stay open later without extra approvals during special events. (For more information, please visit Cultural SEPP and Night-Time Economy).
• Events on public land across NSW do not need a development application if they meet certain standards and are planned in accordance with any management plans or policies for the site. This includes places like parks, roads, streets and buildings and indoor spaces located on public land.  Associated temporary structures like stages and marquees are also included as exempt development, as long as they meet all development standards. (For more information, please visit the Cultural SEPP and Night-Time Economy).
• Councils can approve temporary street closures for outdoor dining, performance, and extension of foyer space. This means councils do not need to apply to Transport for NSW regarding unclassified roads. For classified roads, councils will still need agreement from Transport for NSW.
• Streets can be activated for festivals and events via the Transport for NSW Open Streets program where guidance about traffic and transport management for special events can also be found.
• New mutual recognition regulations for mobile outdoor businesses, such as buskers, food trucks and market operators, allow them to set up and operate more easily across multiple local government areas. (For guidance material and more information, please visit Office of Local Government Mutual Recognition).
• The Major Events Act 2009 can now support recurring, state significant events like Vivid Sydney and Sydney Festival and streamline event delivery.
• New guidance published to support the sector – the Vibrancy Guidelines for late night hours of operation of food and drink premises and Planning  for Community Events Guide (coming in 2026) break down the rules and help councils and businesses make the most of the reforms. 

The NSW Government has made changes to the liquor licensing system to remove some of the barriers faced by businesses in navigating the system, reducing costs and streamlining processes.

• A new streamlined approach to community consultation for liquor licences to reduce duplication and costs, and address risks and other potential effects.
• Live music and performance venues are exempt from the trading hours risk loading on their liquor licence on the nights they host live music or performance.
• The requirement for patrons to be seated when drinking alcohol in temporary outdoor dining areas on footpaths and roads is no longer automatic. The condition may be applied by Liquor & Gaming if the venue has safety risks or a history of poor compliance.
• An exemption was added to the Liquor Act 2007 to allow a licensee to keep an intoxicated person on their licensed premises, if they are seeking medical care or awaiting transport home, rather than being evicted.
• The Independent Liquor & Gaming Authority can cancel a liquor licence if a licensee has failed to prevent or address a significant risk to the safety of employees or other persons on the licensed premises.
• Removed the legislated rule requiring residents living within a radius of 5 kilometres of a registered club to become a member to attend the club.
• The ‘midnight’ restriction for temporary boundary extensions for footpaths and roads was removed, meaning licensed venues can participate in late night events (subject to council approval for late night outdoor dining).
• Certain ‘noise and amenity’ conditions imposed on liquor licences before 24 November 2022 will automatically be removed.
• Liquor & Gaming  and the Independent Liquor & Gaming Authority will be able to set an expiry date for all future liquor licence conditions.
• Commencing in 2026:
  • Clubs are enabled to host events away from their main club location, such as community events in conjunction with sporting organisations and other groups.
  • Powers will be provided to enable Liquor & Gaming to review old licence conditions requiring venues to use plastic drinkware after a specified time.
  • A new fee-free pathway will be introduced to allow licensees to apply for the removal or variation of certain licence conditions that impact late-night trading activities at licensed venues such as drink restrictions, security personnel conditions and curfew conditions.
  • The Independent Liquor & Gaming Authority can suspend or revoke a competency card where an individual is not considered ‘fit and proper,’ or where the person has committed a prescribed sexual offence or other relevant offence.
  • Restaurants and small bars can apply for an authorisation that allows them to sell a limited amount of liquor for takeaway and home delivery. This liquor can also now be sold in ‘unsealed’ containers.
  • Venues that offer entertainment primarily by way of pool tables or jukeboxes can apply for an on-premises liquor licence.

For more information about how the Vibrancy Reforms impact licensed premises, please visit Liquor & Gaming What’s changing.

The NSW Government is supporting councils to create more Special Entertainment Precincts (SEPs) throughout the state where councils can change the rules around noise and opening hours to support live entertainment and community nightlife and give more certainty to local businesses. The SEP framework has been strengthened by these measures:

• Clearer sound governance: since 1 July 2024 Liquor & Gaming is responsible for managing entertainment sound complaints for licensed venues. In addition, a higher threshold has been created for these complaints in SEPs, and councils are empowered to set sound standards and manage unlicensed venues.
• Additional trading hour extensions for live music and performance venues, including 2 hours on nights they offer live music, and one extra hour on other nights.
• New powers for councils to set trading hours in a precinct management plan and for businesses to operate in accordance with them without modifying their development consents.
• Strengthening governance to support safety and collaboration.
• Ensuring residents are aware through both a planning certificate and on a council’s website if they purchase a property located in an identified SEP.
• Enabling SEPs to be established on state-owned land, like White Bay Power Station and Walsh Bay Arts Precinct creating new potential for multiple sites to stage events and festivals.
• Delivering a SEP Kickstart Grant Program to help councils establish precincts, including support to engage staff or expert consultants to undertake strategic planning, sound standards, acoustic frameworks, consultation, communications, and engagement.

In 2026, the NSW Government will consult with councils and the community about ways to provide further intensification of SEPs. The Department of Planning, Housing and Infrastructure will exhibit an Explanation of Intended Effect on these matters in 2026.

For more information about Special Entertainment Precincts, please visit Special Entertainment Precincts.

The reforms will benefit many people and groups in NSW, including:

Councils: The relaxed rules will support councils to enable live performances, outdoor events and temporary street closures, as well as helping to connect them with businesses and creative communities. Councils will benefit from less red tape with streamlined rules for venue sound management, permanent relaxing of rules for outdoor dining, flexibility around mobile outdoor businesses and support to establish Special Entertainment Precincts.

Venues and businesses: These will have greater opportunities to open, expand and diversify, and provide more opportunities for people to enjoy arts, culture and live events through more flexible trading hours and opportunities for venues to take part in special events. Venues will enjoy more sensible rules around sound management and more stability in their operations with reforms that will ‘turn off’ development consent conditions that restrict music offerings.

Creative organisations and performers: Additional performance spaces, cultural events and a thriving live music scene will support jobs growth and help ensure NSW remains an important hub for the creative community.

Communities and the going-out public: Residents, visitors and tourists will also reap the rewards of a thriving and diversified nightlife. This will enrich the social fabric of NSW and stimulate our economy. The going-out public will also enjoy more freedom, with options to move between venues in safe and vibrant areas including Special Entertainment Precincts.

The reforms were created with community safety at the forefront and are designed to diversify our nightlife. The NSW Government is working closely with NSW Health and the NSW Police Force to monitor the implementation of the reforms, including measuring impacts on public health and antisocial behaviour through key data.

The NSW Government supports a night-time economy that is safe and accessible for people of all ages, gender, and cultural groups. This includes supporting and protecting night-time workers.

Changes have been made to improve patron and staff safety at licensed premises including:

• An exemption was added to the Liquor Act 2007 to allow a licensee to keep an intoxicated person on their licensed premises if they are seeking medical care or awaiting transport home, rather than being evicted where their safety could be at risk.
• Enabling the Independent Liquor & Gaming Authority to revoke a competency card where an individual is not considered ‘fit and proper’, or where the person has committed a prescribed sexual offence or other relevant offence.
• Further enabling the Independent Liquor & Gaming Authority to cancel a liquor licence if a licensee has failed to prevent or address a significant risk to the safety of employees or other people on the licensed premises.

Several regional councils have already expressed a desire to enhance their night-time economy and drive tourism activity, and there is an opportunity for regional centres across the state to take advantage of these reforms and build on their unique local offerings for residents and visitors.

Many of the reforms apply statewide, such as the music related development consent conditions for licensed venues that are overridden statewide. The liquor and gaming legislation amendments also apply statewide and provide regional businesses with access to benefits such as special event extended trading and the live music incentives. Venues can take up new opportunities to stage entertainment, support more local cultural activity and offer outdoor dining.

Other reforms are optional and will be adopted in different ways, like Special Entertainment Precincts. 

The Office of the 24-Hour Economy Commissioner will track data on the performance of the night-time economy at a NSW and local level, including expenditure, mobility, demographic information, crime, business composition and licensing data from several sources including the Data After Dark platform.

Feedback from local councils, performers, industry and the local community will also be essential to this process.