Protecting Original Live Venues

- Places Of Public Entertainment (POPE) Legislation, Gaming machine revenue helping the arts, the Liqour Bill & more (February 2008)
- Changes to the regulation of temporary structures & places of publice entertainment (October 2007)
- The Liquor Legislation 26/10/07
- Changes to the SEPP 17/10/07
- Issues Paper Update 29/6/07
- Live Music Legislation Introduced into Parliament
- Premier backs Liquor laws to help live music
- Protecting Live Issues Update
- Background Information

Places Of Public Entertainment (POPE) Legislation, Gaming machine revenue helping the arts, the Liqour Bill & more (February 2008)

Gaming machine revenue helps the arts
New Community Development Support Expenditure (CDSE) Guidelines

New guidelines were recently issued for the distribution of gaming machine revenue under the Community Development and Support Expenditure scheme (CDSE) which now allow Category 2 expenditure for not-for-profit performing arts and visual arts activities and programs.

The CDSE scheme provides registered clubs with tax rebates (up to 1.5% of gaming machine income) when they spend an equivalent amount on community support and expenditure. The round for the distribution of funds runs from 1 September to 31 August each year. Clubs allocate Category 2 funding and while some clubs set deadlines, most accept and consider Category 2 applications year-round. Applicants should contact the individual clubs for more information.

The relevant section 2.2.5 of the revised guidelines states that: “Category 2 expenditure may be provided for non-profit cultural activities, or non-profit visual and performing art activities and programs”.

More information from the Office of Liquor, Gaming and Racing:
http://www.olgr.nsw.gov.au/reg_clubs_sect_cdse_gdlns.asp

Or, Clubs NSW:
http://www.clubsnsw.com.au/default.jsp?xcid=1574

LIQUOR BILL 2007

On 5 December 2007 new liquor laws were passed by the NSW Parliament. The
following aspects of the Liquor Bill 2007 are relevant to the creative industries in NSW:

The objects of the new laws recognise the social and cultural role played by responsible alcohol use. The objects also recognise that the liquor laws should “contribute to the responsible development of related industries such as the live music, entertainment, tourism and hospitality industries”.

There will be a new on-premises liquor licence where the primary product or service is the provision of entertainment to patrons. It will apply to cinemas, theatres and premises where the “primary business or activity is the provision of entertainment to members of the public by a person who is physically present on the premises and is actually providing the entertainment”.

The Director of Liquor and Gaming is required to consider the order of occupancy between the licensed premises and the complainant in dealing with a complaint about undue disturbance of the neighbourhood (i.e. a noise complaint).

Minors will be able to perform in a show or other live entertainment performance held in a hotel or club bar area without committing an offence, so long as the minor is in the company of a responsible adult.

There will be a new special type of hotel licence for bars that do not operate gaming machines or make takeaway sales, with the cost expected to be significantly less than current levels.

Restaurants will be able to serve alcohol without a meal by making a
simple application where only a small processing fee will apply. The current Dine-or-Drink Authority will be abolished.

Regulations will be prepared in the first half of 2008 with the commencement of the new laws expected in the second half of 2008. Fees and certain licence conditions will be included in the Regulations and there will be consultation with stakeholders and the community before the regulations are finalised.

For more information’ including a factsheet on the new laws, visit the Office of Liquor, Gaming and Racing website at:
http://www.olgr.nsw.gov.au/legislation_liquor_reform.asp


NEW PLACE OF PUBLIC ENTERTAINMENT (POPE) LEGISLATION FOR NSW

On 26 October 2007 new entertainment laws for NSW commenced, this included the new State Environmental Planning Policy (Temporary Structures and Places of Public Entertainment) 2007.

These new regulations will benefit live music and theatre venues, as well as
cinemas, festivals, community events and country shows.

Read the Minister’s media release:
http://www.planning.nsw.gov.au/mediarelplan/fs20070928_617.html

Read the legislation:
http://www.austlii.edu.au/au/legis/nsw/consol_reg/seppsapope2007925/

For more information contact:
Department of Planning Information Centre
(02) 9228 6333
information@planning.nsw.gov.au

For further information go to the factsheet: Changes to the regulation of temporary structures and places of public entertainment

BUSKERS NOW ALLOWED TO SELL CD’S IN THE CITY OF SYDNEY

Under a new Busking Policy passed on 10 December 2007 buskers in the City
of Sydney Council Local Government Area will now be able to sell CD’s of their own original work. This was previously not permitted.

For more information, visit their website
http://www.cityofsydney.nsw.gov.au/Business/ApprovalsPermitsAndNotifications/Busking.asp


Changes to the regulation of temporary structures & places of publice entertainment (October 2007)

From 26 October 2007, regulation of the erection of temporary structures and the use of buildings or temporary structures as places of public entertainment
(POPEs) will be transferred to the Environmental Planning and Assessment Act 1979 (EP&A Act) from the Local Government Act 1993 (LG Act).
The legislative changes streamline the approval requirements for these types of development while continuing to provide for public safety. The changes will promote opportunities for live entertainment and make it easier to stage some private functions and community events where temporary structures are to be erected.

Fact sheet is here for all the details.


Liquor Legislation 26/10/07

Your members of parliament are currently talking Liquor Legislation and considering the newly created bill. As it stands, this bill opens up the opportunities for the putting on of more live music.
The draft bill seen 12 months ago included the order of occupancy clause, and a postive simplified, cheaper framework for obtaining a licence.

With continued discussions and pressure from many parts of the industry, our State Government has included in this framework the Live Entertainment Licence for venues where the primary purpose of business is the supply of Live Entertainment.

Now is the time to be telling your local members how important Live Music is to you and your local community and the cultural and economic benefits it brings to your area.

For details of who your local members are go to.
http://www.parliament.nsw.gov.au/prod/parlment/members.nsf/V3ListCurrentMinisters

Also check out the Raise the Bar site and send a drink to you local MP -
http://raisethebar.org.au/campaigns/send-your-mp-a-drink

 

Changes to the SEPP

The recently approved changes to the State Environmental Planning Policy include new provisions intended to encourage the staging of more live entertainment in venues across NSW.

This policy supersedes the previous legislation covering Place of Public Entertainment Licenses. The legislation will enable some to fast-track approvals for staging live music and in some cases, bypass planning approvals altogether.

The new policy will be administered and enforced through local councils. At present, Fact Sheets for LGA's are being developed by Department of Planing to ensure that all compliance officers are aware of the changes
in policy.

Further details and fact sheets will be available shortly. In the mean time if you require information please contact us on (02) 96999706.

Issues Paper Update 29/6/07

The two big issues on the table from the Issues Paper are the Liquor bill and the POPE certificates. Significant steps forward have been made with the POPE legislation and progression on the liquor bill is continuing.

- Liquor Bill
The NSW Government is currently finalising the proposed liquor law reforms, with the expectation that they will be progressed in the second half of this year. Although this is a proposed timeframe and it has not been approved by Government at this stage we are expecting the bill to go to the spring sitting of parliament.

The Premier has publicly stated that the proposed new liquor laws will include a separate licence suitable for music and entertainment venues. The Liquor Bill is being finalised on that basis. Original expectation were that this was going to be a stand alone licence it is now looking like it will sit as a subcategory of the On Premises Licence.

- POPE
The transfer from the LGA act to Department of Planning has taken place. This transfer will ensure state wide consistency of the legislation as called for by the industry in the forums held in 2003 and picked up in the Issues Paper.

Department of Planning are currently drafting the State Environmental Planning Policy (Temporary Structure and Place of Public Entertainment) and had the draft open for public exhibition in June. The Policy document specifies rules relating to building codes, fire safety measurers, length of permissions, audience capacities and local amentity issues.

- The Positives
The transfer and articulation of these rules means a more streamlined approval process for places wishing to put on live music. The creation of an exempt category that covers the use of ground level of a public hall and use of single tent as part of a community event. The creation of a complying development category, which allows ground floor premises inc. licensened venues with a simpler application process - This will be a tick a box system with a lesser fee. The POPES will now be development consents and will therefore apply to the land and will no longer need to be sought if the land changes hands.

Before these are signed off on we would like to see greater consent periods i.e 5 years would be reasonable. MusicNSW believes building a live music scene requires stability and consistency over extended periods, such stability would allow for audience and program development.

The interpretation of the policies will still fall in the hands of local council compliance officers and therefore work is to be done ensuring that the intent of the policies are articulated and adopted by compliance officers and that the cultural value of live music is acknowledged at the Local Government level.

Info Sheet can be downloaded here.

Live Music Legislation Introduced into Parliament

The NSW Government is acting to help Sydney’s struggling live music industry, with legislation introduced into Parliament this afternoon to help cut red tape for public entertainment venues.

Planning Minister Frank Sartor said the Environmental Planning Legislation Amendment Bill 2006 would enact a series of ‘house-keeping’ amendments to the Environmental Planning and Assessment Act, including setting the stage for important changes to live music regulation.

“This is one of the final steps in our reforms to streamline approvals for places of public entertainment and temporary structures,” Mr Sartor said.

“It will pave the way for the planned transfer of live music venue regulations from the Local Government Act to the Environmental Planning and Assessment Act.

“The Department of Planning can then finalise a draft State Environmental Planning Policy promoting safe public entertainment and amend some regulations to complete the reforms.”

The legislation will benefit ‘Places of Public Entertainment’ and events involving temporary structures such as:

• live music and stand-up comedy in pubs and clubs;

• public performances in theatres;

• public screening of films in cinemas;

• community fairs;

• agricultural shows; and

• outdoor music festivals, business promotional events.

“Industry representatives told the NSW Government they wanted a clearer system for approvals for these events,” Mr Sartor said.

“This is a technical amendment, which continues reforms to help live music and cultural diversity flourish in Sydney.

“The NSW Government convened a Live Music Working Group, with representatives from the Government, music industry and venue operators.

“Now we are acting on recommendations from the working group.”

Other minor amendments proposed under the Environmental Planning and Assessment Amendment Act include:

Building certification

• Clarifying that authorities are subject to a stringent objective test when they assess building standards;

• This will increase certainty for consumers, developers and the general community;

• Will prevent councils from refusing to carry out certifications if an accredited certifier is not available, to ensure the sale of property is not delayed.

Enforcement

• Strengthen enforcement provisions, to allow an environmental expert to accompany an authorised Department of Planning officer on a building inspection;

• Increase the range of matters for which penalty notices can be issued including failure to comply with an order to cease an unauthorised activity or comply with a condition of approval; providing false or misleading information; failure to retain or produce monitoring or audit data and wilfully delaying or obstructing an authorised officer.

Technical amendments to Part 3A, following a first-year review, to make the process more simple and transparent

• Allowing the NSW Government to rezone land and deal with concept applications at the same time – a function already available to local councils;

• Clarify the Minister’s ability to place conditions on concept approvals, making it easier for development applications to be returned to local government, if a concept approval has already been given;

• Make it easier to update developments such as industrial projects to current environmental standards, by allowing new applications to extinguish previous consents and replace them with new ones.

Other amendments

• Ensuring there is a single assessment process where a project and concept plan are being assessed concurrently;

• Allowing developer contributions to be used for the provision of public amenities and services outside NSW in certain circumstances (for example, the overpass associated with the Tugun Bypass in Queensland); and

• Reducing the time limits for Crown development applications from 100 days to 61 days to speed up the delivery of Government infrastructure and services.

Premier backs Liquor laws to help live music

By Kate Sikora (The Daily Telegraph)

PREMIER Morris Iemma has thrown his weight behind musicians by forshadowing major changes to liquor laws to support the live music industry.

The licensing sydtem would be simplified, opening the door to more live music venues Mr Iemma yesterday told music heavyweights he wanted to change the laws to revive the dying pub rock scene.

"Sydneys live rock scene has strong foundations" he said "As a youngster I spent many nights enjoying Sydneys vibrant live music scene." The abolition of the nightclub licence several years ago, combined with noise complaints and the property boom in which pubs were demolished for housing development, the government has been under enormous pressure to help struggling hotels and venues which have stopped hosting live gigs.

Under the proposed changes, a special entertainment licence for nightclubs and venues will be separate from hotel licences, which are expensive and complex. It will make it easier for late night venues to hold live gigs. Hotels have complained of the legalistic nightmare currently operating, which forces them to apply to local councils for approval.

The new licence would only apply to nightclubs and venues opening late and providing entertainment. Mr Iemma said hotels would still be required to submit a social impact statement and the community would have greater input.

Protecting Live Issues Update

ArtsNSW has been assigned by The Premier to lead the Government Agency Steering Committee addressing the issues raised in the Issues Paper - see the MusicNSW website if you need background www.musicnsw.com. This is a big step forward as it puts the actions back on everyone's agendas

Issue 1 - Legislation

Liquor Bill Update
As some of us may have realised, The Liquor Bill didn't make it into the last sitting of Parliament. They are now on their winter break.

The Department of Gaming and Racing however did get rather a few submissions from the Music Industry - Yay to us! and where some of us had issues with the Bill the department is considering, and Ministers have been talking, and a redraft is currently happening.

It will be the redraft that goes to Parliament and at this stage it is expected to go come up in late August.

Following the sign off in cabinet, The DGR will begin developing the regs and Social Impact Assessment requirements, I have been ensured that we will be heavily consulted throughout this process. MusicNSW believes this is where the most impact of the new legislation will be felt.

POPE Update
Department of Planning are waiting to implement the transfer of POPE approvals from Local Government to Department of Planning. Since the legislation was passed for the transfer it has not been a priority for DOP and we therefore have been working on encouraging the planning Minister to identify this as a priority. Ministers have been talking and we are hopeful a step forward will be taken.

Issue 2 Planning and Noise Regs

Noise Guide For Local Gvt
Dep of Planning has released a Noise Guide for Local Government to manage Noise issues. I'm currently sifting through this document (it covers everything from lawnmowers to dogs barking to music) to see in real terms how it effects us. - If anyone cares to log onto the site http://www.environment.nsw.gov.au/noise/nglg.htmto have a look at it and shoot any comments thru to me I'm happy to hear.

Precincts and Local Government Cultural Plans
There is a big push for precincts similar to The Valley in Brisbane. - It's very early days and we at MusicNSW want to see this one get up, in addition to working with local Governments to ensure that their cultural plan includes initiatives to promote live music.

Issue 3. Support for Live Venues

Thru investigation by ArtsNSW The Office of Liquor Gaming and Racing has agreed to extend the Community Development and Support Expenditure Scheme to include not for profit arts and cultural activities under category 2. In real terms if you are a musician working in a community based activity the money could possibly support you involvement. Check out http://www.clubsnsw.com.au/default.jsp?xcid=306 or Google CDSE.

Fact Sheets are now available for muso's and venues on the VROOM website http://www.vroom.musicnsw.com/

Issue 4. Education and Information

We are talking to Dep of Ed to see if we can get more Aus Music into the curriculum. More links to guides and Gvt departments will be added to our website.

 


The History
The move to start protecting our live music venues began with an inquiry spearheaded by the Musicians Union.

This report caught the interest of The NSW Ministry for the Arts who in 2001, combined with The Australia Council to commission Prof. Bruce Johnson from University of NSW and Dr. Shane Homan to develop a report, now known  as The Vanishing Acts Report 2002.

In 2003 as a response to The Vanishing Acts Report, the NSW Premiers Department established  The Vanishing Acts Industry Forum. The industry representatives present at the forums discussed the issues that brought about the decline in the number of live venues and developed what is known as The Issues Paper, published by The Premiers Department in 2005.

The Issues paper outlines Licensing - POPE and Liquor, Planning and Noise  Regulations, Support for Live Venues and Education as the main issues that require addressing.

The Premiers Department identified relevant Government agencies to participate in a steering committee created to address these issues.

In April 2006 the Premiers Department appointed Arts NSW as lead agency responsible for convening the steering committee addressing issues raised in the Issues paper (POPE and Liquor, Planning and Noise Regulations, Support for Live Venues and Education as the main issues that require addressing).

Liquor Licence Legislation 2006
A Consultation Draft of the Liquor Bill was drawn up late 2005 and through The Department of Gaming and Racing, stakeholders were able to submit comments on the Bill prior to it being discussed in Parliament.   
 
The Draft Bill

  • Suggested that the administration of licences move away from the Liquor Board to an administrative structure with decreased costs for licensees.
  • Re-Structured the framework and types of Liquor Licences which in most cases would have a positive benefit for the Music Industry.
  • Recommended that The Director consider The Order of Occupancy in managing quiet and Good Order complaints.


In the MusicNSW submission to the Department of Gaming and Racing in addition to supporting the above amendments, we: 

  • requested that an appeal process be considered if a licence application was denied.
  • suggested that Night Club Licences be included with On Licence Premises instead of Hotels as their primary function is entertainment not the supply of liquor.
  • proposed that the Social Impact Statement should consider, and give weight to, the cultural and social value of live music
  • requested the inclusion of a cultural justification to extend licences.
  • requested that the regulations developed to consider special event licences considers the scope of the event.
  • proposed that The Order Of Occupancy Clause clause should go further and to articulate what a licensee's existing rights as a prior occupier are.  In particular, Music NSW proposes that a licensee carrying on a musical activity will, in a decision making process, have his/her/its existing rights upheld.
  • suggested that the clause would be more effective if The Department worked with Local Government on creating Local precincts in their planning processes.
  • suggested that the clause would be more effective if The Department worked with Department of Fair Trading to implement Buyer Beware legislation for purchase of housing around existing Live Music Venues.
  • proposed that The Director considers a venue's "good reputation" with its local neighbourhood in making decisions.
  • proposed ( this needs to be requested) that we are given the opportunity to comment on content and format of the Social Impact Assessment document during it's drafting and the drafting of other regulations.

Submissions to The Department of Gaming and Racing closed on Feb 10 and they received a number of positive submissions from the Music Industry.

The Draft Bill is being discussed in the sitting of Parliament starting Feb 27, however is unlikely to be raised until late May. It is worthwhile contacting or writing to members of the NSW parliament, particularly local members to put forward your thoughts and support of the amendments. The list of Parliament Members and their email addresses can be found at www.parliament.nsw.gov.au
 
The current Draft Liquor Bill responds to one of the issues raised the The Issues Paper, and is a part of a much larger process and campaign to protect and nurture live music venues in NSW.  MusicNSW plans to continue supporting this bill through the current session and will be starting the next phase of addressing the other issues that were raised in The Issues Paper.
 
Documents for downloading
- Vanishing Acts
- The Issues Paper