VENUE RESPONSIBILITIES As a live music venue there are rules and regulations in place to protect everyone involved, so its important to make sure everything is in order before you begin live music entertainment in your venue. We’ve given you the basic pointers as to where to begin to start unravelling the red tape… Place of Public Entertainment Licence (POPE)
Live Music Legislation has been on State Government agenda for some time. Now places that supply public entertainment get to experience the first positive changes in legislation that controls the live music industry as the new State Environmental Planning Policy commences.
This legislation was gazetted on September 28 and commenced on 26 October 2007. It supersedes the previous legislation covering Place of Public Entertainment Licences required by venues.
These new provisions are intended to encourage the staging of more live entertainment, with two of the stated aims being the "promotion and creation of jobs in public entertainment" and "increasing access for members of the public to entertainment". We now have legislative recognition to develop this industry - a big reason to cheer!
The new framework for POPE includes:
- an Exempt Category that allows for low impact music activities, as a POPE in a tent or marquee as part of a community event to be exempt from requiring development consent in some circumstances;
- a Complying Development category for some medium impact entertainment activities (provided a number of requirements are met). This certificate will involve a simple tick box compliance process with a turn around time of 7 days (unless the applicant agrees to a longer time);
- for other POPEs that do not meet the criteria to be complying development, then a development application (usually lodged with council) will be required.
The certificates can be administered through local councils, or through private certifiers. At present a Practice Note on the changes is being developed by the Department of Planning to ensure that all compliance officers, private certifiers and operators are aware of this change in policy. The Department of Planning has prepared a Fact Sheet that explains how the policy works. This can be found on the Department of Planning’s website at www.planning.nsw.gov.au then go to - The planning system / Legislation and planning instruments / List of State Policies / State Environmental Planning Policies.
Safety Requirements
It is imperative for live music venues to comply with all fire safety regulations and security requirements. You will need to contact your Local Government Authority for guidelines.
Noise Guidelines
It is a licensee's responsibility to ensure that the conduct of the premises and that of its patrons does not disturb the quiet and good order of the neighbourhood. The liquor law does not impose any responsibilities on patrons, musicians or other persons.
The Noise Guide For Local Government contains a number of references to music in respect of which local council have responsibility under the POEO Act. This guide is available for download from the Environmental Protection Authority website. However, further information is also available from the Department of Gaming and Racing. The Department of Gaming and Racing's website also provides information relating the handling of complaints under section 104 of The Liquor Act and section 17AA of the Registered Clubs Act. The noise complaint process is informal and relatively easy. The process allows members of the community to make complaints about noise from licensed venues in their neighbourhood. After lodging a complaint a conference is called between the parties. At the conference the Board can: adjourn the conference based on undertakings given by the licensee with or without imposing conditions; impose conditions including noise abatement or prohibition on sale of or supply of liquor before 10 am and after 11 pm, or both; issue a warning; or take no action. Note: For a complaint to be made it must also be supported by two (2) or more other persons residing in the same neighbourhood. Any complaint must be made by way of statutory declaration. Also, the police, a local council, a person whose business is adversely affected by the situation, or the Director of Liquor and Gaming may make a complaint. Public Liability Insurance
As a live music venue you need to make sure your patrons are covered by a current comprehensive public liability insurance policy. You will need to contact a reputable insurance agency for further information.
APRA (Australasian Performing Right Association)
If your venue plays music in any way including television, video/DVD, radio, CDs, music-on-hold over the telephone and performances by live artists, DJs or karaoke you MUST hold the relevant APRA licence. For more information about what licence(s) your venue requires you can go directly to the APRA website for forms or contact the APRA General Licensing Department, toll free on 1300 852 388.
Note: Licence fees may be a tax deductible expense and the GST component an input tax credit. PPCA (Phonographic Performance Company of Australia Limited)
If you’re using recorded music or music videos to enhance your business in any way, then you’ll usually need permission from the copyright holder to do this. You can obtain a blanket licence from PPCA or individual licenses from the copyright holders. Call PPCA licencing on (02) 8569 1111 for more information.
Examples of uses include: playing recorded music in public; screening music videos in public; playing recorded music and/or radio to your phone customers on hold; broadcasting recorded music over the radio or TV; and broadcasting music videos on TV. NSW Local Government Directory
http://www.dlg.nsw.gov.au/dlg/dlghome/dlg_LocalGovDirectory.asp?index=1 Department of Gaming and Racing
Go to publications for a list of information available
http://www.dgr.nsw.gov.au Environment Protection Authority
http://www.epa.nsw.gov.au/noise/nglg.htm APRA (Australasian Performing Right Association)
http://www.apra.com.au PPCA (Phonographic Performance Company of Australia Limited)
http://www.ppca.com.au | 
