Live music can be the lifeblood of a small business, the musicians themselves, and communities. Connection through creativity, dance and song benefits all generations.
As with any areas we share, whether roads, rivers or facilities, there are regulations or laws to manage safety, amenity and noise including regular households or businesses.
Noise regulations from industry or businesses including hospitality are not always straight forward, as they could come from their original planning approvals to operate by the local Council. They can also be subject to the Office of Liquor and Gaming Regulations (OLGR), or even through regulations that apply to Special Entertainment Precincts if a local Council has established one in their area.
In response to recent petitions both for and against live music continuing in Noosa Junction, Sandy has approached Noosa Council for their support and involvement in hosting a community forum or roundtable for everyone to get together and consider all perspectives and needs, with the aim of working together positively towards a good outcome.
One option in Queensland is for a local Council to declare a specific area with live music venues as Special Entertainment Precinct under the Local Government Act 2009. Although this option has been available for many years, there are currently only two Special Entertainment precincts in the State, Fortitude Valley and Surfers Paradise. One of the conditions of establishing these is that the Council must also make a local law to regulate noise and issue a permit in accordance with the regulations. There is some confusion amongst local residents in relation to Noosa Junction, as Noosa Council has not designated it as an official entertainment precinct. In the local planning scheme, the area is classed as a hospitality precinct.
For licensed venues without entertainment (regulated by OLGR), there is a maximum noise limit of seventy-five decibels (75dB) measured approximately three meters from the source. For those wishing to provide entertainment, application can be made for other types of liquor licenses up to one hundred and five to one hundred and twenty decibels (105-120dB), if the venue can meet the criteria, including soundproofing, when necessary, which requires an acoustic report as part of the application. The license condition will then limit noise to the appropriate level that is indicated in the acoustic report.
It is not obvious which regulations may apply to each business, and who is the regulating authority. For most licensed venues in Noosa currently, but not all, it will be OLGR.
If venues are adhering to the regulations that apply to their approvals, even if complaints are made by residents, no actions are taken. When any regulating authority finds that a venue is operating outside what is permitted, usually in response to complaints, they will start by working with the business owner in aims for them to become compliant, however if breaches persist, more stringent penalties can occur.
Under current State Legislation, those venues wishing to play music above 75dB can apply for the appropriate license with information available at www.business.qld.gov.au/industries/hospitality-tourism-sport/liquor-gaming/liquor/compliance/noise-restrictions/limits
Further information
Further updates will be provided as more information is available, including contact information for the appropriate State Minister following the October 2024 election.
For anyone wishing to contact Noosa Council regarding this, please email mail@noosa.qld.gov.au and/or contact your Councillors with their contact information available at www.noosa.qld.gov.au/about-council/councillors-meetings/mayor-and-councillors.
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