Premises/Clubs with a licence/certificate authorising sale or supply of alcohol
The Act disapplies Live Music related conditions, if the following criteria are satisfied:
- The premises are open for the sale or supply of alcohol for consumption on the premises
- Live Music is taking place between 8.00am and 11.00pm
- If the Live Music is amplified the audience consists of no more than 200 people
Live Music also ceases to be classed as Regulated Entertainment if the above criteria are satisfied.
Premises without a Premises Licence or Club Premises Certificate
The Act creates a general exemption that Live Unamplified Music provided anywhere shall not be regarded as the provision of Regulated Entertainment if it takes place between 8.00am and 11.00pm regardless of the number of people in attendance.
Mechanisms for protection of residents
There are a number of mechanisms for the protection of residents:
- Upon a review of the Premises Licence the Licensing Authority can determine that conditions on the Premises Licence relating to Live Music will apply even between 8.00am to 11.00pm
- If the licence doesn’t presently authorise Live Music the Licensing Authority can add conditions to the Premises Licence as though the Live Music were Regulated Entertainment authorised by that licence, again to apply between 8.00am and 11.00pm
- The Licensing Authority can determine that Live Music at the premises is a licensable activity and Live Music can no longer be provided without permission on the Premises Licence or a Temporary Event Notice
- Other noise legislation, for example the Environmental Protection Act 1990, will continue to apply. The Live Music Actu00a0does notu00a0allow licensed premises to cause a noise nuisance.