Planning for Entertainment

WAGGA WAGGA CITY COUNCIL

Planning for Entertainment Document

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Introduction Amendments have been made to the NSW Planning System to facilitate the wider provision of live entertainment at premises around NSW. Commencing on the 26 October 2009, there is now a simpler and fairer approval system.

The following are a list of key points that have come out of the changes; 

Place of Public Entertainment licensing is abolished



Provision of entertainment is now dealt with as any other activity under the Environmental Planning & Assessment Act 1979 (EP&A Act) under a development application

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Development consent is not always required for ‘public entertainment’

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‘Entertainment venue’ replaces Place Of Public Entertainment and is far more stringent in definition (see below)

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Pubs, restaurants, registered clubs and other venues do not need development consent to provide live, or any other form of, entertainment that is ancillary to the venue’s main business

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For new venues the provision of live entertainment will be considered in conjunction to and as part of a development application

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Conditions of existing development applications and liquor licenses will remain in force

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Definitions of ‘Pub’ ‘Restaurant’ and ‘Registered Club’ have been amended to acknowledge that entertainment can occur as an integral part of these premises and the definition of ‘Nightclub’ has been removed (see below).

Definitions The following definitions are helpful in identifying uses that can have entertainment that is unlikely to require further development consent. If your building falls within one of the following definitions and it is considered lawful, i.e. has development consent or existing use rights, then ancillary entertainment can be provided without the need for further development approval.

The definitions that are adopted by Wagga Wagga City Council can be found within the Standard instrument: Amusement centre means a building or place (not being part of a pub or registered club) used principally for playing: (a)

billiards, pool or other like games, or 2

(b)

electronic or mechanical amusement devices, such as pinball machines, computer or video games and the like.

Community facility means a building or place: (a) (b)

owned or controlled by a public authority or non-profit community organisation, and used for the physical, social, cultural or intellectual development or welfare of the community,

but does not include an educational establishment, hospital, retail premises, place of public worship or residential accommodation.

Entertainment facility means a theatre, cinema, music hall, concert hall, dance hall and the like, but does not include a pub, nightclub or registered club.

Food and drink premises means retail premises used for the preparation and retail sale of food or drink for immediate consumption on or off the premises, and includes restaurants, cafes, take away food and drink premises, milk bars and pubs.

Function centre means a building or place used for the holding of events, functions, conferences and the like, and includes convention centres, exhibition centres and reception centres, but does not include an entertainment facility.

Pub means licensed premises under the Liquor Act 2007 the principal purpose of which is the sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

Recreation facility (major) means a building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes sports stadiums, showgrounds, racecourses and motor racing tracks.

Recreation facility (outdoor) means a building or place (other than a recreation area) used predominantly for outdoor recreation, whether or not operated for the purposes of gain, including a golf course, golf driving range, mini-golf centre, tennis court, paint-ball centre, lawn bowling green, outdoor swimming pool, equestrian centre, skate board ramp, go-kart track, rifle

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range, water-ski centre or any other building or place of a like character used for outdoor recreation (including any ancillary buildings), but does not include an entertainment facility or a recreation facility (major).

Registered club means a club in respect of which a certificate of registration under the Registered Clubs Act 1976 is in force, whether or not entertainment is provided at the club.

Restaurant means a building or place the principal purpose of which is the provision of food or beverages to people for consumption on the premises, whether or not takeaway meals and beverages or entertainment are also provided.

Temporary structure includes a booth, tent or other temporary enclosure (whether or not part of the booth, tent or enclosure is permanent), and also includes a mobile structure.

EP&A Regulation definitions that are relevant; Entertainment venue means a building used as a cinema, theatre or concert hall or an indoor sports stadium.

When is approval required?

In the past, premises that provided public entertainment required specific development consent and a Place Of Public Entertainment licence to do so.

However, the amendments to the Local Government Act 1993, the Place Of Public Entertainment State Environmental Planning Policy and the revised definitions in the Standard Instrument, have changed this approach.

The new definitions acknowledge that entertainment can occur as an integral part of the use of pubs, restaurants, registered clubs, or the like and where it does, this use does not in itself require a separate development consent. In the same way, with a cinema, theatre or concert hall, it is taken that entertainment is an integral component of these premises.

The table below gives an indication of the types of entertainment/events that would require consent and the types of entertainment/events that would not. If you are unsure, contact Council’s Development Services section for confirmation. Please note that you should contact Council’s Development Services at least 2 months prior to the entertainment/event taking place to arrange for any required approval.

This table only applies to venues that are lawful. E.g. must have development consent or existing use rights under Division 10 – Existing uses as provided for under the Environmental Planning and Assessment Act 1979.

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Note: The following table is indicative and not an exhaustive list.

Type of venue Pubs, bars, restaurants and clubs

Development consent required

Development consent not required

Entertainment that would fundamentally change the approved lawful use of the premises.

Entertainment such as playing pool, participating in bingo, watching televised sport, listening to background music, dancing to recorded or live music, watching a band/comedian/poet or the like. Must be located in the building and considered ancillary to the lawful use.

Outdoor events such as music festivals, shows, motor sports displays etc, outdoor discos or the like).

Community halls

Events that would generally not be considered normal use for such a building. E.g. music festivals, motor sport displays, outdoor activities such as Rodeos, club rallies, B & S Balls or the like.

Birthday parties, wedding receptions, public meetings, scouts, community functions, dances, bingo or the like.

Multi-purpose halls

Events that would generally not be considered normal use for such a building. E.g. music festivals, motor sport displays, large sporting events or the like.

Birthday parties, wedding receptions, public meetings, scouts, community functions, graduations, dances or the like.

Churches or the like

Entertainment that would change the approved lawful use of the premises.

Birthday parties, wedding receptions, public meetings, scouts, community functions, graduations, school productions, dances or the like.

Events that would generally not be considered normal use for such a building. E.g. music festivals, motor sport displays or the

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like.

Temporary structures

If it does not comply with SEPP (Temporary Structures) 2007

If it complies with SEPP (Temporary Structures) 2007

New premises and alterations and additions to existing buildings will require development consent if they do not comply with State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Any entertainment associated with a new development proposal will be assessed as part of the development application.

Changes of use from a class 6 (bar area, cafĂŠ, restaurant, hotel etc) to a class 9b (assembly building) under the Building Code of Australia (BCA) require development consent and will require the upgrade of fire safety measures.

This will apply to some pubs/clubs. If the pub or club contains a dance floor then Council may consider it a class 9b building and require the appropriate upgrade.

A modification to an existing consent may also change the operation of existing premises such as varying the existing hours of operation or increasing the number of patrons. If these changes are significant or if there is no existing consent, new development consent may be required.

Entertainment that requires the temporary use of land and development consent will be subject to the following clause of the Wagga Wagga Draft Local Environmental Plan 2008; 2.6B Temporary use of land [local] (1)

The objective of this clause is to provide for the temporary use of land if the use does not compromise future development of the land, or have detrimental economic, social, amenity or environmental effects on the land.

(2)

Despite any other provision of this Plan, development consent may be granted for development on land in any zone for a temporary purpose for a maximum period of 20 days (whether or not consecutive days) in any period of 12 months.

(3)

Development consent must not be granted unless the consent authority is satisfied that: (a)

the temporary use will not prejudice the subsequent carrying out of development on the land in accordance with this Plan and any other relevant environmental planning instrument, and

(b)

the temporary use will not adversely impact on any adjoining land or the amenity of the neighbourhood, and

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(c)

the temporary use and location of any structures related to the use will not adversely impact on environmental attributes or features of the land, or increase the risk of natural hazards that may affect the land, and

(d)

at the end of the temporary use period the site will, as far as is practicable, be restored to the condition in which it was before the commencement of the use.

Lodging/assessment of an application?  A standard Development Application Form must be correctly filled out and lodged with all the required documents listed below and the correct fee paid. Please read Council’s Development Application Preparation & Lodgement Guide and Event Checklist. Guideline Documents that can be found on Council’s website – www.wagga.nsw.gov.au

 Depending on the nature of the development application it may be advertised for a period of 14 days.

 The application will be assessed by Council with regard to all legislative requirements.

 Council may impose conditions of approval such as, but not limited to the alteration of the design or layout, hours of operation, the maximum number of people to be accommodated, maintenance regime of fire safety measures or provisions for pedestrian and vehicle access. It is the applicant’s responsibility to ensure that all conditions of consent are complied with.

Information to accompany an application for an Entertainment Venue or building that will include entertainment – The application is to include the following information: 1. Six (6) copies of the plans and specifications 2. Always required (a) Site Analysis Plan – to scale 1:100 or 1:200 (b) Plans, Elevations and Sections (c) Reduced Plans and Elevations (d) Statement of Environmental Effects (e) Entertainment Venue Development Checklist

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3. May be required (a) Cost Summary Report – for works between $100,001 to $2,000,000 (b) Structural/BCA Compliance Report (c) Fire Safety Information (d) Risk/emergency management plan (e) Traffic/pedestrian management plan (f) Security management plan (g) Noise management plan (h) Heritage impact statement (i) Landscape Plan (j) Tree reports (k) Disclosure statement of political donations or gifts (l) Waste management plan Applicants and their representatives should also refer to Schedule 1 of the EP&A Regulation for further details of the information that should be submitted with a development application.

The Regulators The role of Consent Authorities/Councils  Continue to assess new Development Applications  Ensure compliance with Development Consents  Powers to issue fire safety orders under EP&A Act  Continue to address noise issues under Protection of the Environment Operations Act (POEO)  Can apply under Liquor Act provisions to seek conditions on liquor licenses The Office of Liquor, Gaming and Racing  Assess applications for liquor licenses and variations under the Liquor Act (can regulate hours, noise, numbers, CCTV, security, lockout provisions etc)  Enforcement powers under the Liquor Act NSW Police  Enforcement powers under the Liquor Act, EP&A Act and other legislation.

Legislative Requirements – ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 80A Imposition of conditions (10B) Review of extended hours of operation and number of persons permitted A development consent that is granted subject to a reviewable condition may be granted subject to a further condition that the consent authority may review 8

that condition at any time or at intervals specified by the consent and that the reviewable condition may be changed on any such review.

ENVIRONMENTAL PLANNING AND ASSESSMENT REGULATION 2000 Note –

these are conditions of approval / consent nominated by the Regulation; Council may nominate additional conditions of approval consent as deemed necessary.

98C Conditions relating to entertainment venues For the purposes of section 80A (11) of the Act, the requirements set out in Schedule 3A are prescribed as conditions of development consent for the use of a building as an entertainment venue.

98D Conditions relating to maximum capacity signage (1) For the purposes of section 80A (11) of the Act, the requirement set out in subclause (2) is prescribed as a condition of development consent (including an existing development consent) for the following uses of a building, if the development consent for the use contains a condition specifying the maximum number of persons permitted in the building: (a) entertainment venue, (b) function centre, (c) pub, (d) registered club, (e) restaurant.

(2) From 26 January 2010, a sign must be displayed in a prominent position in the building stating the maximum number of persons, as specified in the development consent, that are permitted in the building.

(3) Words and expressions used in this clause have the same meanings as they have in the standard instrument set out in the Standard Instrument (Local Environmental Plans) Order 2006.

Schedule 3A Entertainment venues 1 Nitrate film An entertainment venue must not screen a nitrate film.

2 Stage management During a stage performance, there must be at least one suitably trained person in attendance in the stage area at all times for the purpose of operating, whenever necessary, any proscenium safety curtain, drencher system and smoke exhaust system.

3 Proscenium safety curtains 9

If a proscenium safety curtain is installed at an entertainment venue: (a) there must be no obstruction to the opening or closing of the safety curtain, and (b) the safety curtain must be operable at all times.

4 Projection suites (1) (Repealed) (2) When a film is being screened at an entertainment venue, at least one person trained in the operation of the projectors being used and in the use of the fire fighting equipment provided in the room where the projectors are installed (the projection room) must be in attendance at the entertainment venue.

(3) If the projection room is not fitted with automatic fire suppression equipment and a smoke detection system, in accordance with the Building Code of Australia, the person required by subclause (2) to be in attendance must be in the projection suite in which the projection room is located during the screening of a film.

(4) No member of the public is to be present in the projection suite during the screening of a film.

11 Emergency evacuation plans (1) An emergency evacuation plan must be prepared, maintained and implemented for any building (other than a temporary structure) used as an entertainment venue.

(2) An emergency evacuation plan is a plan that specifies the following: (a) (b) (c)

the location of all exits, and fire protection and safety equipment, for any part of the building used as an entertainment venue, the number of any fire safety officers that are to be present during performances, how the audience are to be evacuated from the building in the event of a fire or other emergency.

(3) Any fire safety officers appointed to be present during performances must have appropriate training in evacuating persons from the building in the event of a fire or other emergency.

STATE ENVIRONMENTAL PLANNING POLICY (TEMPORARY STRUCTURES) 2007 Note – This document can be viewed on NSW legislation website www.legislation.nsw.gov.au THE LIQUOR ACT 2007

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Note – This document can be viewed on NSW legislation website www.legislation.nsw.gov.au Useful links www.planning.nsw.gov.au

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