I have been unable to access or download the source application documents from the NSW planning portal and, as a result, am unable to fully assess the details of the proposed liquor licence transfer, including the identity of the applicant, the proposed operating model, and any conditions that may be attached to the transfer.
Notwithstanding this limitation, there is a significant history of community concern associated with the operation of this premises under previous management. In particular, regular outdoor entertainment and live performances generated substantial noise impacts for nearby residents. The noise from these events was clearly audible well beyond the immediate vicinity of the premises, extending at least one block from the site and resulting in a considerable loss of residential amenity for occupants of surrounding dwellings.
In addition to noise impacts, lighting associated with outdoor entertainment activities was directed towards the residential building above the premises and surrounding residential properties. This would have further diminished residential amenity, particularly during evening and night-time periods.
Given the physical characteristics of the site, I strongly submit that any transfer of the liquor licence should be subject to strict and enforceable noise management conditions. The premises is located beneath residential accommodation and within a densely populated residential environment. A substantial proportion of the patron area is located externally rather than within an enclosed and acoustically treated space. Consequently, amplified music, live performances, DJs, and other entertainment activities conducted in outdoor areas have a direct pathway for noise transmission to nearby residences.
The site's configuration makes it inherently unsuitable for outdoor entertainment activities. Sound generated within the external patron area is reflected and amplified by surrounding built form, including the residential building above the premises and nearby residential developments. This creates a foreseeable and ongoing risk of unreasonable noise intrusion affecting residents both during daytime and evening trading periods.
Accordingly, any approval of the liquor licence transfer should include stringent noise conditions, including:
• No live music, DJs, amplified entertainment, or public performances within any outdoor patron area;
• All entertainment activities to be confined to fully enclosed internal areas designed to contain noise emissions;
• Prohibition on the use of external speakers facing outdoor areas;
• Compliance with applicable environmental noise criteria at all times;
• A requirement for noise monitoring and prompt investigation of complaints;
• Restrictions on external lighting to prevent light spill into residential apartments.
In my view, without strict noise controls, the transfer of the licence risks repeating the adverse amenity impacts previously experienced by the local community. The protection of residential amenity should be given significant weight in the assessment of this application, particularly given the close proximity of residential dwellings and the demonstrated history of noise-related concerns at this location.
