Why are there requirements for monitoring noise and disturbances in and around licensed premises?

Steps to resolving your concerns

The simplest way to resolve a local disturbance is to speak with the licensee of the venue as soon as possible. Any reasonable concern raised by local residents and businesses about neighbourhood disturbances are taken seriously by a licensed venue.

When you experience a disturbance:

• Write down the exact details of the incident – including the type of disturbance, date and time – as soon as possible after the disturbance.
• Include any actions you took at the time if any, for example, if you contacted the venue or police.
• Call the venue about your concerns as soon as possible after the incident.
• Arrange to meet with the licensee or venue manager to discuss your concerns and find a solution if you can’t resolve them by speaking over the phone.
• Be clear about what an acceptable solution might be, but be open minded about other options the venue may offer that could achieve the same result.
• If more than one licensed venue is involved, provide them all with the same information and let them know who else you’ve raised the issue with.

The best thing about approaching venues directly is that it allows them to use your feedback to improve what they do. It also encourages them to deal with issues quickly, and this can improve relationships between locals and the venue.

Step 2. Seek assistance

You can ask for advice from someone who can help mediate and find a solution that works for you and the venue. This works best when:

• you don’t feel comfortable raising your concern with the venue
• you have raised your concern with the venue but haven’t been able to come to a solution

Contact our Compliance Operations Unit 

We are able to provide assistance with disturbance concerns in limited circumstances. If a venue does not have noise restriction conditions on their liquor licence, your local council or NSW Police would likely be more effective in addressing your concerns.

Raise a general disturbance concern through our online feedback form or call 1300 024 720.

Contact your local police 

Police may also be able to provide advice and assist in resolving general disturbance concerns. A local licensing officer would have a working relationship with all licensed venues in your area and may suggest an appropriate resolution to general disturbance concerns.

Contact your local council 

Often licensed venues have noise control measures as part of their development consent. You can ask your local council about these.

If the licensed venue is within a council-established ‘Special Entertainment Precinct’, or your local council has opted-in to manage noise coming from within licensed premises, then they will also have a local noise management plan. Find out more about dealing with noise complaints from the Live Music and Entertainment web page.

Step 3. Lodge a formal disturbance complaint

You can lodge a formal complaint, free of charge, with the Secretary, NSW Department of Customer Service, via L&GNSW if Step 1 or Step 2 was not successful.

Tips: 

• We strongly encourage that you include your personal details so we’re able to follow up with you, however you are able to withold your details if you are not comfortable providing them.

• You will not be required to attend court once you’ve lodged a complaint as they’re dealt with in an administrative-based process.
• You are able to make a disturbance complaint about a venue before you bought a house nearby. The Secretary will consider order of occupancy issues when dealing with the complaint under provisions of the liquor laws.
• You are able to make a complaint about multiple venues in the one submission if you believe they are contributing to the problem like patrons moving between venues late at night.

Who can make a formal disturbance complaint?

1. Three or more local residents working together, or a third party authorised by three or more local residents
2. Police
3. A local council
4. A person who satisfies the Secretary that the licensed premises is affecting their business interests – financial or otherwise.

If an OLGR investigator believes by definition that noise from a licensed premises is unreasonable, the investigator may issue a written notice (an abatement notice) to the licensee, permit holder, or person in charge of the premises, requiring that noise be reduced to, and kept at, a reasonable level, so that it is no longer an unreasonable noise.

Noise can be determined to be unreasonable due to the level of noise (when measured at affected residences or businesses in the locality), or because the licensee has failed to comply with any noise conditions imposed on the licence.

Abatement notice for nuisance or dangerous activity

An abatement notice may be issued by an investigator (to the licensee, permit holder, or a person who appears to be in charge of the premises) if unreasonable noise is produced at a licensed premises.

The notice may:

• require the person to reduce the noise to a level that is no longer unreasonable
• state specific action/s that must be taken by the person and must provide a time frame for the completion of this action (up to 3 months)
• remain in effect for a period of up to 3 months, unless extended by further written notice by the Commissioner.

The issuing of an abatement notice does not stop any other action being taken under the Liquor Act 1992 in relation to the matter that is subject.

Failing to comply with an abatement notice can lead to enforcement action including one or more of the following:

• on-the-spot fine of up to $2,875
• prosecution, which carries a maximum fine of $14,375
• the issue of a compliance order and/or variation of licence or permit conditions
• disciplinary action (from fines to cancellation of the licence or permit).

Compliance orders for unreasonable noise

A compliance order issued by the Commissioner for Liquor and Gaming may require the licensee, permit holder, freehold owner or interested party to stop or prevent unreasonable noise coming from a licensed venue that has been subject to an abatement order within the preceding 12 months.

The order may:

• remain in effect for up to 6 months, unless the Commissioner provides a further notice extending its effect
• require a person to stop all specified noise coming from the premises until the person demonstrates to the Commissioner that the noise can be permanently limited to reasonable noise.

Note: The premises includes any area containing plant and equipment that is not part of the premises but is used for the benefit of the premises.

The issuing of an order does not stop any other action being taken under the Act in relation to the matter, such as the issuing of a further abatement notice, or varying a licence or permit, taking disciplinary action or starting proceedings for an offence against this Act.

It is an offence to not comply with an order. The maximum penalty is 100 penalty units ($14,375).

If you are issued an order under this section and fail to comply, the Commissioner may start proceedings in a Magistrates Court in relation to the failure without further notice being provided to the person.

OLGR is happy to provide any assistance and advice to assist licensees in minimising noise emanating from licensed premises and resolving noise complaints. However, the ultimate responsibility for minimising noise from licensed premises rests with the licensee and their staff and management.

Also consider...

Around 33% of complaints received each year by the Office of Liquor and Gaming Regulation are related to excessive noise from licensed venues, usually due to loud entertainment and noisy patrons in and near the venue.

All licensees must ensure that noise coming from their establishment is not unreasonable and/or does not exceed the noise limit that is a condition of their liquor licence. This includes noise from:

• entertainment
• patrons at, entering or leaving the premises
• motors, including generators and air conditioning units.

Many licensees have conditions endorsed on their licence document - specific to their venue - that relate to entertainment and patron noise levels. As a licensee it is your responsibility to make every effort to ensure the impact of entertainment, patrons and other venue related noise does not negatively impact on local residents and businesses.

This guide provides an overview of noise restrictions related to licensed premises, tips for reducing noise, and a list of sound engineers/acoustic consultants in Queensland that are familiar with liquor licensing noise requirements.

• Last reviewed: 18 Jun 2019
• Last updated: 9 Aug 2016