2.13 24 Hour Economy

When determining trading hours for a premises Council will consider the following:

• a)Type of premises
• b)Location: Whether mapped for late-night activity, night-time activity, or unclassified (see Figure 2.13.1.)
• c)Proximity to, and impacts on, residential dwellings
• d)Specialist acoustic advice and recommendations

Commitments in the Plan of Management to minimise neighbourhood disturbance

• a)Availability of public transport within an 800m radius of the premises during operation

Development is to comply with the trading hours specified in Table 2.13.1. In applying these hours, the following requirements apply:

• a)Trial Periods: Standard trading hours are permitted without a mandatory trial period
• b)Merit Assessment: Approval of standard trading hours is not automatic; all proposed hours will be assessed against the performance criteria in C1 to ensure local amenity is protected
• c)Extended Trading: Any proposal to operate beyond standard hours will be subject to a time-limited trial period to monitor and manage potential social and acoustic impacts

Category A Premises include all licensed premises, Amusement Centres, Artisan food and drink premises, Entertainment facilities, Food and drink premises, Function centres, Information and education facilities, Recreation facilities (indoor) located within the same building as residential accommodation, Restricted premises, Sex services premises

Category B premises include any premises that is not a Category A premises

Any request to trade beyond standard hours requires an initial 12-month trial to monitor impacts on the neighbourhood.

A recurring 2-year trial applies to any trading beyond standard hours for:

• a)Premises located within Residential Zones
• b)Sex Services and Restricted Premises operating between midnight and 7:00 am

Premises that fail to demonstrate a satisfactory management track record during the initial trial may be required to undergo a subsequent 12-month trial.

Approval of a subsequent trial is contingent upon the applicant submitting an amended Plan of Management and evidence of physical or operational site improvements (such as acoustic treatment or updated security protocols) designed to mitigate previous issues.

Continued failure to meet compliance standards during trials may result in the refusal of extended trading hours.

Premises that have undergone a successful trial period may be granted permanent consent for later operating hours.

A detailed Plan of Management (POM) is to be submitted with all applications for new or modified operations trading between 10:00 pm and 6:00 am. The POM is to include:

• a)Signed Declaration: A statement signed by the licensee or manager confirming they have read, understood, and will enforce the POM
• b)Business Information: Registered business name and trading name
• c)Site Layout: A detailed floor plan showing all activity areas, external windows, and doors
• d)Service Locations: Location of waste storage, air-conditioning units, exhaust fans, and other mechanical plant
• e)Staffing and Capacity: Maximum number of staff and security (with defined roles) and maximum patron capacity for each specific area of the premises
• f)Hours of Operation: Clearly defined hours for each day of the week, including the expiry date for any trial hours
• g)Patron Management: Detailed arrangements for queue management, entry/exit procedures, and strategies for managing patron behaviour both inside and immediately outside the venue

Logistics: Procedures for deliveries, loading/unloading, and waste collection to minimise neighbourhood disruption

• a)Environmental Safety: Spill clean-up procedures and staff training for any industries handling potential pollutants
• b)Source Identification: Identification of all potential sound sources, including stages, outdoor areas, mechanical plant, gym equipment, and loading zones. Any venue intended for live music or amplified entertainment is to detail speaker orientation, volume limiters, and door/window management protocol

Mitigation Measures: Specific operational actions to protect neighbourhood amenity, such as:

• a)Timing for the closure of windows and doors
• b)Directing amplified sound away from building openings
• c)Installing signage and utilizing staff to remind patrons to leave the premises quietly
• d)A process to regularly review and update the POM
• e)Complaint recording and response procedures and managerial accountability commitments
• f)Upkeep of a record of actions undertaken to address complaints from neighbours

Applicants are to refer to Figures 2.13.2 – 2.13.9, to determine if their property falls within a Special Entertainment Precinct (SEP) and which specific sound limits apply under the Sound Category Area (SCA).

Acoustic assessments are to be conducted at the property boundary as defined by the Sound Category Map. Sound levels are to be measured at a height of 1.5m above the finished floor level for every floor of the building to ensure vertical compliance.

Entertainment sound is not to exceed the maximum dB limits specified in Table 2.13.2 for the relevant Sound Category Area (SCA). Compliance is determined by the specific time of day and day of the week as outlined in the assessment criteria (Table 2.13.2).

A Noise Impact Assessment (NIA) prepared by a qualified acoustic specialist is to be submitted for all new or modified entertainment venues. The NIA is to:

• a)Detail specific physical noise attenuation measures (e.g., soundproofing, airlocks) ensuring operation within the maximum exposure levels identified in Table 2.13.2.
• b)Where a venue shares a common partition (wall, floor, or ceiling) with a sensitive receiver, the NIA is to prove the venue can operate without breaching the internal noise criteria in Table 2.13.3.
• c)Demonstrate compliance at the boundary of any site containing a sensitive receiver within 20 metres of the subject site.
• d)Council reserves the right to require assessments for receivers beyond 20m based on local topography, built form, or complaint history.
• e)These criteria apply specifically to new or modified floor space only.

A NIA prepared by a suitably qualified acoustic specialist is to be submitted with any application for a new or modified sensitive receiver located within a SCA demonstrating that interior sound levels will not exceed the sensitive receiver internal noise criteria specified in Table 2.13.3 when subject to the maximum level of exposure permitted in Table 2.13.2 for the subject property. Exposure levels in Table 2.13.2 are to be measured at the property boundary of the sensitive receiver.

Modified sensitive receiver applications include:

• a)External and internal alterations to sensitive receivers. This includes alterations and additions to residential accommodation. This does not include changes that do not impact upon the sound levels
• b)Operational changes to non-residential sensitive receivers

For alterations and additions to any sensitive receiver development type, only apply the internal noise criteria in Table 2.13.3 to new or modified floor space.

Where noise attenuation measures impact the provision of natural ventilation, alternative ventilation is to be provided to ensure the proposal complies with the National Construction Code.

Noise impact from other sources, such as road and rail are to be assessed separately in accordance with relevant standards and policies.

Any development application for a mixed-use building containing both sensitive receivers (e.g. apartments) and non-residential floor space is to include a Noise Impact Assessment (NIA) to ensure noise impacts on residents can be mitigated. The NIA is to model predicted noise levels, identify transmission paths, and recommend specific mitigation measures to ensure compliance with Council's noise criteria.

The NIA and architectural plans are to:

• a)Internal Noise Criteria: Demonstrate that non-residential areas can function as an active entertainment venue while maintaining the internal noise criteria specified (Table 2.13.3).
• b)Low-Frequency Management: Explicitly address L_{Ceq} (bass) noise levels, which are not typically captured by standard L_{Aeq} measurements but are the primary cause of resident complaints in mixed-use settings.
• c)Physical Attenuation: Specify high-mass partitions, "box-in-box" construction, acoustic ceilings, and vibration isolation for mechanical plant and sound systems.
• d)Futureproofing: Ensure the structural design allows for the adaptation of commercial spaces into entertainment venues without requiring retrospective upgrades to residential units (the "Agent of Change" principle).

Locate non-sensitive commercial "buffer" zones (e.g. offices or storage) between the entertainment floor and residential apartments where possible.

Prior to the issue of an Occupation Certificate, a post-construction acoustic test is to be submitted to Council. This test is to verify that the "as-built" construction meets the noise attenuation targets set out in the NIA.

Any venue intended for live music or amplified entertainment is to submit a Plan of Management detailing speaker orientation, volume limiters, and door/window management protocols in addition to the requirements in C12.