News

With groundbreaking state variations to the National Construction Code commencing in May this year as well as the current comprehensive review of the Liquor Licensing Act 1997 and the proposed Planning Development and Infrastructure Bill 2015 currently before the Parliament, there have been important developments in advocating for coordinated regulation for low risk entertainment use underway in South Australia.

Governments are very good at defining and regulating entertainment uses for ‘high risk’, but much less forthcoming when it comes to regulating low risk activity.

What we don’t have, is a first rung in the ladder for new entrants to dip their toe into presenting small scale live music and performance.

  • In liquor licensing controls, many states and territories have late trading codes, lockouts and cease service restrictions in place, but only Victoria has a low risk definition for live music venues and an exemption for 200 capacity venues from the Melbourne Liquor Freeze,
  • The Assembly Building definition in the National Construction Code has a clause specifying a discotheque, nightclub or a bar area of a hotel or motel providing live entertainment or containing a dance floor as requiring theatre level 9Bfire safety, but only NSW and SA (to come) have a variation exempting these uses from 9B.
  • Only Victoria has a regulation that exempts certain size venues from Assembly Building compliance under the National Construction Code, and no states and territories have a lowest risk schedule of acts or activities that are exempt or complying for the definition of development (more on this later).

For more on the regulation of venues for building compliance, read the Live Music Office Live Music Venues and the Building Code of Australia Issues Paper.

The Live Music Office and the Music Industry in South Australia are advocating for a tiered risk framework across liquor licensing and planning controls, that would lead the way for a coordinated national approach to low risk live music and performance policy.

A tiered risk response to Planning and the National Construction Code:

  1. Exempt and complying development for designated (low risk) entertainment standards.
  2. Temporary use and pop-up events
  3. Assembly building variation for ancillary entertainment in pubs, restaurants and bars
  4. Small venue class 6 BCA variation (low risk) like SA that designates floor area and vertical travel of floors.
  5. 9B Assembly Building (high risk)

Liquor Licensing

  • Limited licenses (one off events)
  • BYO Arts and Cultural Venue
  • Restaurant
  • Small Venues Licence
  • Hotel
  • Entertainment Venue
  • Special Circumstances

Exempt and complying development is a key part of the recipe. In September 2015 the Live Music Office published the Low Risk Arts and Cultural Venues report that tabled the rationale behind the need for certain entertainment activities to be designated exempt or complying development, and the recipe for how to achieve it!. We don’t require development consent for televisions for example, or many recorded music activities – so why should the planning system automatically kick in if the entertainment is provided by a person?

For South Australia, this would mean inserting a low risk and impact specification into Schedule 3 of the Development Regulations that would identify conditions around;

  • Size
  • Hours of operation
  • Compliance with noise conditions
  • Capacity

These could be considered ‘acts and activities which are not development‘ for the purposes of land use consent. This is discussed in detail through pages 22 and 23 of the report.

The proposed changes would create affordable and accessible small venues, and enable urban renewal initiatives like creative hubs for community centres and local government, pop up events for festivals, and encourage in-store performances in record stores, music schools and retail, supporting much greater participation and diversity in the performing arts.

In the Liquor Licensing Discussion Paper, the government have requested bold, brave and innovative ideas! In response, we are advocating for some additional options for entry level and low risk entertainment liquor licenses including a BYO licence option for arts and cultural venues.

The BYO arts and cultural venues liquor licence would be to encourage start-up theare, gallery and live music presentation. The proposal recognises that there are creative practitioners across music, theatre and the visual arts who don’t actually want to find themselves running small bars or nightclubs. They want to devote their energies to putting on the best live music or theatre they can without the burdensome responsibilities of running fully licensed premises.

Its important to note here that there is also a great deal of work underway to support existing venues at this time from the South Australian Live Music Regulation Roundtable, including the end of entertainment consents in the Liquor Licensing Act, the new National Construction Code state variations, and the live music regulation best practice and red tape reduction review.

Governments are very good at defining and regulating entertainment uses for ‘high risk’, but much less forthcoming when it comes to regulating low risk activity. Hopefully we will see these options progress in 2016 to support industry development, and entry for younger entrepreneurs, to try new models, and bring young and diverse audiences and presenters to better support the broader live music and performance scene.

LRACVJPG

Similar News Posts

Western Sydney and Regional NSW Live and Local Program Funding Now Open

Music Australia Contemporary Music Roundtable, 1-3 August 2017

Rockin’ The Puburbs : Original live acts invited to win a headline tour of NSW pubs, $15k value

Live and Local Program Manager joins the Live Music Office

Camden Live and Local – Sat 17 June 2017

CREATIVE VICTORIA :GOOD MUSIC NEIGHBOURS GRANTS

The 2017 Jackie Orszaczky Music Lecture and Concert

NATIONAL LIVE MUSIC AWARDS OPEN 2017 APPLICATIONS & ANNOUNCE NEW BOARD MEMBER

City of Sydney Live Music and Performance Action Plan Delivers New Initiatives

Victoria Delivers Solid Program Of Initiatives For The Live Music Industry

Parramatta Live and Local : 25th Feb 2017

Victorian Government Commits To Fund Program to Stop Sexual Assault and Harassment in Live Music Venues

LOVE LIVE MUSIC 60 FILM COMPETITION

Live Music Venues Gain Exemptions From Sydney Lockouts

CITY OF SYDNEY AND MUSICNSW PARTNER TO FUND ALL AGES SHOWS IN INNER SYDNEY

Face the Music : Domestic & Regional Focus Speed Meetings

WESTERN SYDNEY LIVE AND LOCAL INITIATIVE : Artist Call Out

Grants to keep music venues loud and proud

Parramatta to become a vibrant live music destination through new partnership with the Live Music Office

Five Western Sydney Councils to Host Live and Local Micro-Music Festivals

Western Australia regional venues get over $2M for upgrades

National Live Music Awards 2016 – Board and Venues Announced

Vivid Music 2017 – Expression of Interest Now Open

Live Music Office awarded Australia Council grant for 2017

Sydney Fringe Festival: IGNITE Stanley Street – Live and Local

Getting Paid! This weeks Collaborate QandA at Lazybones Lounge Marrickville

Entertainment Precincts for Canberra

Music NSW hosts: Sound Advice Panel 30th Aug

Live Music Office Partners with City of Parramatta

Sydney Night-Time Economy Roundtable delivers 25 point action plan to NSW Government

South Australia sets benchmark for live music and performance regulation in Australia

AIUS 2016 Seminar Series – The future of entertainment in the late night economy

iHearMusic Presents Collaborate!! Q&A Music Industry Panel: Women in the Music Industry

Live Music Office creates mapping tool to support artists and industry

Applications open: Live/Work Space for Artists in Sydney

2016 Adelaide Live Music Census Shows Scene Building

Get paid for playing live: APRA AMCOS Performance Reports due 7 August

Bringing in the Music – Business 101 Seminar

Music Australia, Live Music Office present the National Live Music Forum

Tasmanian Music Sector Consultation Forums

Want Live Music In Your Venue?

60 Second I Love Live Music – Winner Announced!

iHearMusic and the Live Music Office presents Collaborate at Lazybones Lounge Marrickville

Good Music Neighbours – Victoria

Live Music Office to coordinate Live and Local events in Western Sydney

2016 Vanda & Young Songwriting Competition

Crystal clear live music vision for this Hinterland Café

Sydney CBD sees drop in live performance revenue since introduction of lockout laws

Best Practice Guide for Live Music Venues in SA Released

BYO Live Music Venue Liquor Licence Proposed For South Australia

I LOVE LIVE MUSIC 60 Second Film Competition

Red Tape Slashed for Live Music and Performance in South Australia

Live Music Office unites Councils with industry through AMPLIFY program!

Its not you it’s me: falling out of love with live music

Live Music Measures Up: An Economic Impact Analysis of Live Music in Ontario

South Australian Music Development Office recognised in Parliament

Liquor Act reform cuts red tape for SA music venues

Live Music Programming Coordinator – Pilot Project

Live Music Office presents the Australian case at the Music Cities Convention in Washington

Cool Little Capital – an action plan for Canberra’s live music sector

Live and Local village music festival ignites Erskineville

New report reviews planning barriers for low risk arts venues in NSW

SOUNDS OF THE PILBARA II: Songs in Language

Live Music Programming Coordinator Pilot Project

Ballarat Live Music Strategic Plan – CALL FOR EXPRESSIONS OF INTEREST

Local artists call for live music pilot project in Nambour

Live Music Dollars Boost The Australian Economy Three Times Over

South Australian Government Brings New Laws for Live Music into Parliament

Adelaide Live Music Census 2015 released

Update on the Music Strategy for Melbourne

National Contemporary Music Roundtable -Industry Commits to National Business Development Plan

National Indigenous Music Awards

New venue for Perth – Jack Rabbit Slim’s

Want a 12 month paid internship with Music SA?

Live Music Office says “Quick get your Live Performance Return submitted to APRA!”

Live Music Office support for The Association of Artist Managers (AAM): Managers Mentor Program 2015

Understanding behaviour in the Australian and New Zealand night-time economies.

Darwin live music venue The Chippo: Update

Hosting Live Music in South Australia

Muzeek – Launches New Live Music Booking Platform

The Chippo Darwin Shut Down By Authorities

Live Music Venues and the Building Code of Australia Issues Paper

Creative Spaces and the Built Environment Forum

Liquor freeze lifted for Melbourne’s small live music venues

Connecting the Mornington Peninsula’s live music scene

Entertainment Industry Codes and Regulation – QLD and NSW

Live Music Office Support For Regional Queensland

New Live Music Opportunities In Sydney

New frequency ranges for wireless microphones

Victorian Building Amendment (Live Music) Regulations 2014

Kings Cross IGNITE: Heat the Street

Voluntary Planning Agreements – The Greenland Centre Creative Hub

City of Ballarat Live Music Strategy Advisory Committee

Music Canada Live

Sydenham Station Traditional & Creative Industries Hub

Live Music Research

Live Music Marrickville

Entertainment Consent and The South Australian Liquor Act

Co-Regulation Partnerships – The Victorian Live Music Forum