Unplugging Rules That Prevent Venues Choosing Their Music

Red tape that has built up in the system includes development consent conditions that specify what genre of music can be played at a venue — or stipulate that only a soloist, duo or trio can play, while a band is out of bounds. 

Specific approval conditions in some cases get so granular as to allow a cover band to play a venue but prevent original music being performed — or prevent live entertainment altogether. 

Pocket Bar in Terrigal has been forced to turn away a choir for having more than three members. 

Barangaroo House operates under conditions that make strobe lights and a disco ball a contravention. 

At the Mitch Hotel in Alexandria, management has wanted to stage acoustic music on Sunday afternoons but have been prevented by no entertainment restrictions in their venue’s Development Consent. 

Erskineville Hotel is barred from providing entertainment and Petersham Public House can’t have amplified music in the beer garden. At the South Dubbo Tavern, licence restrictions included a clause on hosting “small cover bands” rather than original rock bands. This effectively meant the Tavern could host an AC/DC cover band but if Angus Young came to town, he would be unable to plug in his guitar and play Thunderstruck. Councils can currently apply “no entertainment” clauses regardless of the type of entertainment, noise impacts or community desire. This can mean even a mime artist is technically not allowed to perform at a local venue. Giving musical programming back to the venues that know their audiences is another milestone in the Minns Labor Government’s crusade against pointless red tape on going out. This will be delivered in the second tranche of the Vibrancy Reforms, along with:

• Ending the antiquated rule that prevents people living within five kilometres of a registered club from signing in without first becoming a member.
• Binning the restriction on outdoor dining approvals that prevented patrons from standing while drinking outside a licenced premises.
• Permanently relaxed rules for outdoor dining to allowing venues to make the most of their outdoor space.
• Ended single noise complaints from shutting down licensed venues.
• Made it easier to activate streets for festivals and events (Open Streets program) and a regulatory model that allows streamlined approvals for repeat events (Permit, Plug, Play).
• Expanded Special Entertainment Precincts that empower local councils to change the rules around noise and opening hours in a designated area to support live entertainment and nightlife.
• Increased incentives for live music and live performance, with two hours extended trading and an 80 per cent reduction in liquor licence fees for licensed venues offering live music and performances.
• Easier pathways for extended trading hours for major events like the Olympics and World Cups.

Stifling rules have diminished opportunities for artists in NSW and the right of communities to engage with new voices and be part of the emergence of the next big act from their local area. 

A number of Sydney venues are restricted to playing recorded music, locking out any additional opportunities for live performers. Development consent conditions may even specify how many instruments can be played inside a venue.

Similar conditions were removed from liquor licences by legislation in November 2020. 

At present, removing conditions requires venues to formally apply to council to modify the development consent, which is costly, time-consuming and not guaranteed to succeed. It also means more administrative burden for councils. 

Under the soon-to-be-introduced second tranche Vibrancy Reforms, the outdated conditions will be turned off for all licensed venues in the Environmental Planning & Assessment Act. For hotels, clubs and small bars, the prohibition on live entertainment will also be overridden.

“When it’s a DA not the DJ choosing the tracks, you know the system has lost its way,” Minister for Music and the Night-Time Economy John Graham said.

“People don’t want their local councillor or state minister deciding what they listen to and what live music they can see. How can anyone have faith in rules that allow a cover band to play but tell the band that wrote the songs to hit the road? 

“The Vibrancy Reforms are remastering a tangle of red tape and restrictions that do not pass the pub test, quite literally.”

Minister for Planning Paul Scully said the proposed changes will provide greater clarity for venues that host live music and encourage even more venues to support live entertainment. 

“It’s a chance to support performers and provide even greater opportunities for the people of NSW to enjoy a great night, or day, out,” he said.