By having the reference to ‘bar areas hosting live entertainment’, some consent authorities had considered that the national BCA Assembly Building Definition gave them no latitude but to require theatre level fire safety for any live music use.

This changes the BCA classification of the building from retail BCA Class6 in a hotel or restaurant for example to an Assembly Building Class 9b. The extensive building work required for theatre level compliance will more than likely make independent small-scale entertainment unviable.

The National BCA Assembly Building definition reads as follows – note (c)(i)

Assembly building means a building where people may assemble for—

(a) civic, theatrical, social, political or religious purposes including a library, theatre, public hall or place of worship; or

(b) educational purposes in a school, early childhood centre, preschool, or the like; or

(c) entertainment, recreational or sporting purposes including—

(i) a discotheque, nightclub or a bar area of a hotel or motel providing live entertainment or containing a dance floor; or

(ii) a cinema; or

(iii) a sports stadium, sporting or other club; or

(d) transit purposes including a bus station, railway station, airport or ferry terminal.

Assembly Building Definition – NSW Variation

In NSW in 2009 as changes were made to Planning Legislation to encourage more live music and performance, a variation was made for NSW that has created many of the new gigs in small bars, restaurants, pubs, clubs and cafes since then.

Read more about the NSW changes – Planning For Entertainment

The NSW Variation does not have the previous (c)(i) reference.

Assembly building means a building where people may assemble for—

(a) civic, theatrical, social, political or religious purposes including a library, theatre, public hall or place of worship; or

(b) educational purposes in a school, early childhood centre, preschool, or the like; or

(c) entertainment, recreational or sporting purposes including—

(i) a cinema; or

(ii) a sports stadium, sporting or other club; or

(iii) transit purposes including a bus station, railway station, airport or ferry terminal.

Note also that

The BCA (Section A, General provisions, Part A3 Classification of buildings and structures) dictates that if over 10% percentage of a story of a venue is used for entertainment, the class of the building changes because of its use.  Therefore, the minor use becomes the major use.  This changes the venue from being a Class 6 building (retail, bar, hotel, restaurant) to a Class 9b building (place of assembly such as night club, sports stadium, airport).