Noise and Disturbances - Public Information
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Download a complaint form |
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The Code of Practice under Section 42 of the Liquor
Licensing Act 1997, provides that a licensee has an
obligation to minimise the amount of:
- noise or
to people who live, work or worship in the vicinity of
licensed premises, which result from activities on a licensed
premises or the conduct of people making their way to or
from licensed premises.
The licensing authority (The Office of the Liquor and
Gambling Commissioner and the Licensing Court) must have
regard to the potential effects that noise and other
disturbances may have on those who live, work or worship
near licensed premises before granting or removing a
licence, or granting an extended trading authorisation or
an entertainment consent.
For this reason the licensing authority may, when
determining an application, impose conditions on a
licence to minimise the noise and disturbance to those
who live, work or worship nearby.
Licensees have an obligation to minimise the impact of
noise emanating from their licensed premises or by the behaviour
of their patrons.
Making a Complaint
A complaint may be made by:
the Commissioner of Police
the council for the area in which the licensed premises
any person claiming to be adversely affected by the
subject matter of the complaint.
If a person finds that the noise emanating from licensed premises,
or the behaviour of persons making their way to or from
licensed premises, is unduly offensive, annoying,
disturbing or inconvenient to them as a nearby resident,
worker or worshipper, they can lodge a complaint with the
Liquor and Gambling Commissioner.
A complaint must be made by at least 10 people who live,
work or worship within the vicinity of the licensed
premises. However, if the Commissioner is satisfied by
the nature or gravity of the complaint, a complaint made
by fewer people may be accepted.
When a complaint is made, the Commissioner will serve a
copy of the complaint on the licensee within seven days
of lodgement and allow 14 days from the date of service
before the matter progresses to conciliation or hearing.
This is to ensure that the licensee is aware of the
concerns and provides an opportunity for the licensee to
address the problem, or for the parties to resolve the
If a person feels comfortable in doing so, it is recommended
that they raise their concerns with the licensee before
lodging a complaint. The matter may be resolved quickly
without outside intervention.
Lodging a complaint against a licensed premises
The Commissioner will attempt to conciliate between all
parties. If the matter is resolved by conciliation, terms
of settlement may become conditions of the licence.
If conciliation cannot be achieved, the parties must
choose whether the matter will be referred to the
Licensing Court or dealt with by the Commissioner as a
In some circumstances, the Commissioner may issue
direction to, or impose conditions on the licensee before
or during the conciliation proceedings about the subject
of the complaint.
If the matter proceeds to a contested hearing, the
licensing authority will take into account a number of
relevant factors including:
the period of time the activity has been occurring
the trading hours and character of the business
the desired future character of the area in which the
licensed premises is situated
the history of the premises, including any history of
live music whether or not the noise from the premises
is reasonable in the circumstances
any environment protection policies that exist under
the Environment Protection Act 1993, that apply to the
provision of live music on the premises
any other matter that the Commissioner or the Court
Each case will be considered on its
merits, having regard to all relevant factors.
If you have concerns about noise or patron behaviour,
please contact this Office for advice, or
To lodge a complaint download the complaints form and lodge with the Office of
the Liquor and Gambling Commissioner.