Striking a Better Balance on Later Trading Applications

The NSW Government is introducing reforms to support restaurants and bars that want to trade later in locations that are not close by homes.

Under the proposed Environmental Planning and Assessment Amendment (Vibrancy Reforms) Bill 2024, approved by Cabinet on Monday, councils and consent authorities will have to consider a set of ‘Vibrancy Guidelines’ when assessing certain applications to extend operating hours.

This change would apply to food and drink premises situated on land which is 500 metres or more away from a residential property.

Guidelines will be developed alongside the 24-Hour Economy Commissioner Michael Rodrigues following consultation with local councils, stakeholders, and the wider community.

"Restaurants and bars that support countless jobs and provide wonderful things to do in our state being knocked over without considering the benefit they bring isn’t acceptable,” Premier Chris Minns said.

"This change will ensure that the great benefits local bars and restaurants bring to our suburbs are considered as well as legitimate concerns regarding local amenity.”

Minister for Music and the Night-time Economy John Graham agreed with the Premier.

"This is a commonsense change that brings more balance to the assessment process for extended trading. The NSW Government is committed to a vibrant economy after dark and entertainment and employment options for people at night. 
"The recent example of Northern Beaches Council turning down The Joey at Palm Beach from extending its hours based on concerns from residents over 500 metres away - and separated by a nine-hole golf course - brought this issue into sharp focus.

“We have listened to the community as a whole and this proposed reform should send a clear signal to local authorities that they need to strike the right balance between legitimate concerns over local amenity and the imperative to encourage businesses to trade and communities everywhere in NSW to have more options after dark.

“This change will help state and local government work together to ensure local venues thrive.”

“The proposed Vibrancy Guidelines will not override all other planning considerations, nor will they lead to applications being automatically rejected or approved. They are not designed to undermine local councils’ planning controls or decision-making.

“This Bill will simply mean that vibrancy is a key part of the decision-making process. Sensible hours of operation for venues are critical for businesses to thrive, particularly those located outside of residential areas and centres.”

ClubsNSW has been proactively engaging with the NSW Government on the introduction of the first suite of vibrancy reforms and advocating for a flexible and sensible regulatory framework that encourages alignment across all forms of government.  The Association will continue to work with the NSW Government to identify opportunities that make it easier for clubs to diversify, especially through the second suite of vibrancy reforms.