Homebuyers and renters who move in near pubs and music venues in some parts of New South Wales will find it harder to make noise complaints under the state government’s plan to revive the struggling nightlife industry.
The second tranche of the Minns Labor government’s “vibrancy reforms” will require people moving into designated entertainment precincts to formally acknowledge they will be living in an area of late-night activity.
An “eyes wide open” clause will be inserted into planning certificates provided with the sale of homes or apartments in entertainment precincts. It is intended to prevent people from claiming they were surprised by noise.
Planning certificates provide all the information a council has on file about controls and other issues that may affect a property.
While the proposed new clause will not take away anyone’s right to complain, it is intended to inform the way noise complaints are viewed by local councils and other authorities, including in any sort of mediation.
The minister for music and the night-time economy, John Graham, said the clause should reduce conflict between established venues and new neighbours, as well as give councils more tools to regulate their own areas.
“We’ve seen it work in Wollongong and … it has really made a difference,” Graham said.
“The community knows which bits of the suburbs should be lively, but also which bits we want to be quieter and more suburban neighbourhoods.”
The government will also launch a $1m grants program for councils to create more special entertainment precincts (Seps), building on the previous success of the Enmore Road Sep in Sydney’s inner west.
James Thorpe, the chief executive of hospitality group Odd Culture, operates a nightclub near Enmore Road with a 4am licence and said the local Sep had been “transformative” since it was introduced 18 months ago.
“We actually have a much better relationship with our neighbours now, because the Sep framework forces vexatious complainants out of the shadows to come and deal with us face to face and solve the problem together,” he said.
The government’s latest nightlife reforms also include scrapping several restrictions on licensed venues including a ban on outdoor dining approvals that prevented people from standing while drinking outside.
The government minister responsible for the sector will also be able to refer live music and performance venues with legitimate disputes to mediation.
The government expects the legislation that would implement the reforms to pass NSW parliament.
The Minns government’s earlier reforms relaxed rules on outdoor dining, stopped a single noise complaint from being able to shut a venue down, and reduced licensing fees by 80% and extended trading hours by two hours for places with live music.
