As featured in the latest edition of the QHA Review
In Queensland, licensed venues must meet strict compliance obligations under the Liquor Act 2002 (Qld) (Liquor Act). A lively, energetic venue is often what draws people in and creates a memorable experience. However, noise at your hotel must be carefully managed to ensure it doesn’t become exposed to objections, conditions, and enforcement action for exceeding appropriate noise levels.
So, what noise levels are appropriate, or rather inappropriate? The Liquor Act defines unreasonable noise as noise (in relation to a licensed premises) that exceeds any prescribed limits, contravenes a compliance order applying to the premises, or contravenes a condition on the premises’ licence.
Venues’ acceptable noise limits will be scrutinised by the Office of Liquor and Gaming Regulation (OLGR) where neighbouring residences are in close physical proximity to the premises because significant weight is given to the local amenity. If noise complaints are made, they can result in a long list of conditions being imposed on your liquor licence, setting strict noise limits for different parts of the venue during certain hours. In some cases, licensees have been required to double glaze the windows in their premises – and even the windows of neighbouring residences that had lodged noise complaints.
If your venue’s licence is subject to unfavourable noise restricting conditions, you may lodge an application to vary those licence conditions and support your application by providing an acoustic report.
There are several guidelines the report must adhere to which can be found in OLGR’s Guideline 51. It is vital, also, to ensure that a qualified sound engineer or reputable consultant who is familiar with these guidelines, performs the acoustic testing and report. If you are looking for an acoustic consultant, I would be happy to assist by providing a recommendation.
Other times the OLGR will consider (or re-consider) noise restrictions for your venue include:
- Greenfield site applications;
- Extended hours applications;
- Alterations to premises; and
- Increasing and decreasing the licensed area.
You should double check any current Development Approval at your venue which is relevant to your application, prior to requesting any relaxed noise limits, because any noise limits included in the Development Approval will not be overridden by an acoustic report.
To conclude, if noise restrictions have recently been implemented or updated at your venue, it would be best practice to update your venue’s Risk Assessed Management Plan noise mitigation measures, inform staff of the changes to ensure they can monitor the prescribed noise levels, and consider any additional mitigation measures you can take to ensure compliance.
As foreshadowed by the definition of unreasonable noise, failure to comply with the relevant noise restrictions can result in unfavourable conditions being imposed on your licence, compliance orders, enforcement action and penalties.
Please do not hesitate to reach out to me on 07 3224 0230 if we can assist your venue navigate its noise compliance measures.
