VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL
planning and environment LIST	vcat reference No. P11060/2021
Permit Application no. PL06/0738	
CATCHWORDS	
Application under section 79 of the Planning and Environment Act 1987 – to review the failure to amend a permit within the prescribed time	

Applicant	Rainbow International House Club Pty Ltd	

Responsible Authority	Yarra City Council	
Respondent	John Grant	
Joint Respondent	Fiona Ingram & Ors	
Referral Authority	Victorian Commission for Gambling and Liquor Regulation	
SUBJECT LAND	125 Smith Street
FITZROY  VIC  3065	
HEARING TYPE	Hearing	
DATE OF HEARING	14 February 2022	
DATE OF ORDER	15 June 2022	
CITATION	Rainbow International House Club Pty Ltd v Yarra CC [2022] VCAT 598	

Order

Permit amended
1	In application P11060/21 the decision of the responsible authority is set aside.  
2	Planning permit PL06/0738 is amended and an amended permit is directed to be issued for the land at 125 Smith Street, Fitzroy, in accordance with the endorsed plans and the conditions set out in Appendix A.  The amended permit allows:
•	Development of the land for buildings and works (retrospective) and use of the land for the purpose of a tavern with a maximum of 120 patrons, including a reduction in the car parking requirements and to allow for the sale and consumption of alcohol (on the premises).

Laurie Hewet
Senior Member	

Appearances
For applicant	Mr D Scally of Best Hooper Lawyers
Mr Scally called expert evidence from:
•	Mr D Tardio, acoustic engineer
•	Ms A Maloney, town planner	
For responsible authority	Mr J Wilson of Maddocks Lawyers	
For referral authority	No appearance 	
For respondents	Ms F Ingram 
Mr J Grant	

Information
Description of proposal	The Amendment Application seeks permission to extend the operating hours of the existing Bar from 11am to 2am (the following day) Sunday to Wednesday and 11am to 5am (the following day) Thursday to Saturday and to delete Condition 2 of the permit which read ‘all live entertainment and all music played and carried out on the premises must not be amplified and limited to acoustic only’.	
Nature of proceeding	Application under section 79 of the Planning and Environment Act 1987 – to review the failure to amend a permit within the prescribed time.	
Planning scheme	Yarra Planning Scheme 	
Zone and overlays	Commercial 1 Zone
Design and Development Overlay (DDO30)
Heritage Overlay (HO333)
Development Contributions Plan Overlay (DCPO1)	
Permit requirements	Clause 52.27:  A planning permit is required to extends the hours of trading allowed under a licence under the Liquor Control Reform Act 1998.	
Land description	The review site is located on the western side of Smith Street between Gertrude Street (south) and Webb Street (north). It is bound by Little Smith Street to the rear (west).
The site is in the Smith Street Major Activity Centre. Along Smith Street there are various restaurants, bars and retail premises. 
YaYah’s at 99 Smith Street, is open to 5.00 am Thursday to Saturday,  Sircuit Bar at 103-105 Smith Street operates between 10.00 am and 3.00 am.  New Guernica at 99 Smith Street operates between 12 pm to 2.00 am Monday to Wednesday and 12 pm to 4.00 am any other day.  The Grace Darling is open to 1.00 am. The Union Club Hotel at 164 Gore Street operates to 11.00 pm Sunday and 1.00 am every other day.  The Fitzroy Beer Garden at 243-245 Gertrude Street is open to 1.00 am every day.  
The site is presently developed with a two and three storey Victorian-era commercial building known as the Stanford Block constructed in 1883. This building is occupied by four shop fronts and some dwellings and offices above.  
The review site has an area of 403 m2 with a frontage to Smith Street of 10.04m.  The ground floor comprises a ‘lounge’ area with a mezzanine above, dining area, kitchen facilities, toilets and a beer garden and courtyard used for storage and services. There are additional toilets at the rear of the site abutting Little Smith Street in an uncovered courtyard. The dining area, which has a Perspex roof over, links the front lounge area to the toilets, beer garden and courtyard. A roller door and gate are located on the rear boundary to Little Smith Street;
On the western side of Little Smith Street there are dwellings which predominantly face Gore Street further to the west.  The properties at 53 and 135-137 Little Smith Street are developed with double storey dwellings that front Little Smith Street.
To the immediate north is 127 Smith Street which forms part of the broader Stanford Block This building is occupied by an office which fronts Smith Street on ground floor. Further north is 129 Smith Street which is the northernmost property in the Stanford Block with a restaurant at ground floor and shop-top dwelling at first floor. The shop top dwelling has south, east and west facing windows.
To the south of the Subject is 123 Smith Street which also forms part of the Stanford Block building. This property is occupied by a bottle shop (Permit PLN14/0503) at ground floor and an office and storage facility on the first floor. A studio space and dwellings are provided at the rear of the first and second floor with windows along the western elevation	
Tribunal inspection	I inspected the site, the surrounding area and neighbouring properties after the hearing.   	

Reasons

what is this proceeding about? 
1.	This is an application to review the failure of the Responsible Authority to amend a permit within the prescribed time in respect of a permit that allows the use of the land for a tavern at 125 Smith Street, Fitzroy.  The permit allows the sale and consumption of alcohol between 7 am and 1 am the following day, Monday to Saturday and between 10 am and 1 am the following day on Sunday.  A maximum of 120 patrons are permitted.    
2.	The applicant proposes the following changes to the permit: 
•	Amend Condition No. 6 which currently reads:
The premises may only operate between the following hours:
Monday to Saturday Between 7am and 1am (the following day); and Sunday Between 10 and 1am (the following day)
•	The proposed new condition is:
The premises may only operate between the following hours:
Sunday to Wednesday Between 11am and 2am (the following day) 
Thursday to Saturday Between 11am and 5am (the following day).
•	Delete condition 2 which currently reads: 
All live entertainment and all music played and carried out on the premises must not be amplified and limited to acoustic only.
•	Amend condition 3 which currently reads:
(a) Microphones, background music and non-amplified entertainment must comply with SEPP N2 requirements.
•	The proposed amended condition is: 
(b) All music including background music, dance music and live music entertainment must comply with the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2.
3.	After the receipt of the Application for Review the Council resolved that had it been able to make a decision in respect of the Application, it would have issued an amended permit subject to conditions including:
2. 	Live and amplified music (other than background music) is to be restricted to the front lounge/bar area to the satisfaction of the Responsible Authority.
6. 	The premises may only operate between the following hours:
(a) Sunday to Wednesday Between 11am and 1am (the following day)
(b) Thursday to Saturday Between 11am and 3am (the following day)
7. 	The rear courtyard, beer garden and dining area (including the rear toilets) must not be used after midnight on any day. The dining area can only be used to access the internal toilets.
8. 	No more than 120 patrons may be permitted on-site between 11am and midnight and no more than 100 patrons after midnight (with no more than 30 patrons occupying the dining area when permitted to open). 
4.	The Council also proposes additional or amended conditions to give effect to upgraded acoustic treatments recommended by the applicant’s acoustic expert witness. 
5.	Amendments to the permit preamble and other consequential changes to the conditions are proposed.  
6.	There are objectors to the application.
7.	The objectors are primarily residents of dwellings to the rear of the site and in the Stanford Block building abutting the review site.  Their objections are in part informed by their experience of living close to the review site and what they say is the disruption to their amenity emanating from the existing operations on the site.  
8.	They submit that the existing use has a history of noncompliance with permit conditions.  They express concerns that any extension of operating hours will further erode their residential amenity.
9.	My decision in this case, like most cases in the planning jurisdiction, calls for a balancing of competing objectives. The review site is part of an activity centre in which entertainment uses of the type currently operating, are encouraged. The site however sits at the interface with a residential area to the west (across Little Smith Street) and has an immediately abutting residential neighbour.
10.	The review site is not therefore unconstrained. Its use must be managed to ensure the amenity of its residential neighbours is not unreasonably disrupted. 
11.	For the reasons I elaborate on below I have concluded that subject to the imposition and implementation of amended permit conditions, extended hours of operation can be contemplated.  
12.	I am not persuaded however that the applicant’s proposed hours are acceptable. I have concluded that the extended hours proposed by the Council, in conjunction with amended conditions relating to acoustic management and closure of the rear section of the site after midnight, achieves an appropriate, balanced outcome.  
13.	My reasons are set out below.   
The strategic context for the decision
14.	The review site exhibits both strategic and locational attributes that support licensed premises and entertainment uses in this location and on this site.    
15.	Significantly, the site is zoned Commercial 1.
16.	The review site is also in the Smith Street Major Activity Centre. 
17.	Activity Centres are intended to accommodate major retail, residential, commercial, administrative, entertainment and cultural developments in locations that are highly accessible to the community.
18.	Importantly, Council’s Licensed Premises Policy includes Smith Street between Gertrude Street and Alexandra Parade in one of five Core Entertainment Precincts.
19.	In the Core Entertainment Precincts, licensed premises with a capacity of more than 200 patrons are encouraged on properties that have a frontage (and with pedestrian access) from listed main streets.    
20.	The encouragement for licensed premises and entertainment uses to concentrate in activity centres is intended to contribute to the vitality of activity centres, to provide the opportunity for social interaction and to provide economic and social benefits associated with the entertainment industry. 
21.	The support offered by the planning scheme for licensed premises to concentrate in activity centres and the Core Entertainment Precincts is not however unqualified.  
22.	The planning scheme recognises that the concentration of these uses in activity centres has the potential to create tensions between licensed premises and residential and other commercial land uses. These tensions are related to impacts on the amenity of the area typically associated with noise and patron behaviour off the premises.
23.	The significance of these potential impacts is exacerbated where residential areas are close to licensed premises.  Venues that operate late at night and which have operational characteristics that, for example, encourage vertical drinking are often associated with having an increased risk of adverse amenity impacts.  
24.	Apart from guiding the location of licensed premises, the planning scheme therefore emphasises the importance of management and operational issues in minimising the potential adverse impacts associated with licensed premises.  
25.	Clause 52.27 specifically requires a permit where the hours of trading under a license is to be extended.  Decision guidelines under Clause 52.27 requires consideration of, among other things, the impact of the hours of operation on the amenity of the surrounding area, and the cumulative impact of any existing licensed premises on the amenity of the surrounding area. 
26.	Additionally, the local policy at Clause 22.09 calls for the consideration of a range of factors that may adversely impact the amenity of the area.  These include the proposed hours of operation, patron numbers and noise.  
27.	In relation to hours of operation specifically, policy at Clause 22.09 states that, among other things: 
•	Licensed premises within 30 metres of a residential zone should not provide for the sale and consumption of liquor beyond 11pm, unless the responsible authority is satisfied that it will not adversely affect the amenity of the area.
•	Licensed premises in a Commercial or Industrial zone should not provide for the sale and consumption of liquor beyond 1am, unless the responsible authority is satisfied that it will not adversely affect the amenity of the area.
28.	An assessment of the impact of the hours of operation on the amenity of nearby properties and the surrounding area must consider:
•	The proposed use and licence type.
•	The zoning of surrounding land.
•	The location of the premises, location of car parking and availability of public transport, taxi ranks and ride sharing.
•	The nature of surrounding uses and hours of operation.
•	Potential noise emissions from the premises.
•	The impact of patrons arriving and leaving the premises, including:
o	for venues operating after 10pm, whether access from the licensed premises to public transport is likely to be through a residential area; and 
o	any cumulative impact on the amenity of the area.
Submissions
29.	The Council submits that because the zoning of the site, its location within a Core Entertainment Precinct and because it is a site that has a frontage to and pedestrian access from Smith Street, an extension of trading hours is acceptable.  The Council’s support however is predicated on the imposition of amended permit conditions intended to contain potential amenity impacts to acceptable levels. 
30.	 Broadly, the Council seeks conditions that:
•	Limits amplified music (other than background music) to the front lounge/bar area, 
•	Limits the hours of operation to 1.00 am Sunday to Wednesday and 3.00 am Thursday to Saturday 
•	Requires the closure of the rear courtyard, beer garden and dining area (including the rear toilets) after midnight on any day. 
•	Restricts the number of patrons to 120 between 11am and midnight and to no more than 100 patrons after midnight (with no more than 30 patrons occupying the dining area when permitted to open). 
•	References and requires compliance with the recommendations of the recently completed acoustic report which proposes among other things the installation of a noise limiting device.
•	Requires a further acoustic report within three months of the commencement of the amended permit demonstrating compliance with the amended permit’s requirements.  
•	The preparation and implementation of an amended noise and amenity plan. 
•	The installation of a sound lock door.  
•	The preparation and implementation of a waste management plan.  
31.	The objectors submit that notwithstanding the review site’s zoning and inclusion in a Core Entertainment Precinct, the locality is more representative of a quiet, mixed commercial/residential area in which the existing use and the proposed extended hours are something of an anomaly. Consequently, they submit the proposed extended hours do not receive significant support from the planning scheme’s provisions.  
32.	The objector submissions are largely informed by their experience of living close to the review site and what they say is the disruption to their amenity emanating from the existing operations on the site.  The submissions emphasise in particular the disturbance from music noise and patron behaviour emanating from the rear courtyard/dining area and walkway.  The objectors reference the lack of acoustic mitigation measures in this area, combined with the impact of noise emanating from the internal part of the building through the opening and closing of the door.  
33.	The objectors also refer to their regular and continuous complaints about the existing operation as evidence of the operator’s disdain for permit conditions. The lack of enforcement action from the relevant authorities is also relied on to support their concerns about allowing an extension of trading hours.  
34.	The objectors presented recommendations to limit amenity impacts which are generally consistent with those presented by the Council, but raise a number of additional matters (e.g. the installation of a sound lock door to the rear of the site and limitation on the use of the rear court yard after 10.00 pm.
35.	The applicant relies on the evidence of Mr Tardio and Ms Maloney.  
36.	The applicant acknowledges that the review site has sensitive residential interfaces but submits that amenity impacts associated with the proposed extended hours can be contained within acceptable limits by adopting Mr Tardio’s noise attenuating recommendations. Ms Maloney supports the Council’s proposed amended permit conditions other than with respect to the proposed hours of operation, the need for a rear sound lock door and the closure of the rear courtyard to access the rear toilets.  
Findings
37.	I have outlined previously the relevant planning scheme provisions which must inform my decision.    
38.	The objector submissions that the review site is in a mixed commercial/residential part of the activity centre, and not therefore consistent with the characteristics typical of a Core Entertainment Precinct, are not persuasive.   
39.	The review site’s immediate environs include several licensed premises some of which have extended trading hours, as previously recorded. In any event, the zoning and the planning scheme’s policy provisions are intended to provide guidance about where such uses are encouraged.  Consequently, the planning scheme creates a reasonable expectation that licensed premises will continue to locate in the Core Entertainment Precinct.  
40.	The zoning of the land and the designation of this part of Smith Street as a Core Entertainment Precinct also has implications for expectations about the level of amenity that can be reasonably expected by residents.  
41.	I reiterate my earlier comments however that the use of the review site is constrained by the proximity of residential uses, the amenity of which must be protected to ensure that the impacts of a licensed premises are contained within a level of amenity informed by and consistent with the planning scheme’s provisions.  
42.	Consequently, provided I can be satisfied that the amenity impacts can be appropriately managed, an extension of trading hours can be reasonably contemplated.  
43.	The applicant broadly accepts the management regime proposed by the Council except that it submits the adoption of Mr Tardio’s recommendations based on the testing regime carried out by his office, will ensure the use can operate to 5.00 am in compliance with EPA noise requirements, without the need for a rear sound lock door or the closure of the rear courtyard and toilet access. It is Mr Tardio’s evidence the access to the rear toilets can be managed by security staff while the construction of a pergola roof over the rear courtyard would have some noise attenuation benefit.
44.	I am satisfied that the combination of most of the Council’s amended conditions referencing Mr Tardio’s acoustic report and associated recommendations are sufficient to contain music noise and patron noise within the premises to acceptable levels.  
45.	My finding is influenced in particular by the requirement to prohibit access to and use of the rear toilets and the rear courtyard after midnight. 
46.	Having regard to the prohibition on the use of the rear toilets, a sound lock door at that location is not necessary. 
47.	A sound lock door at the front entrance is however appropriate.  If a sound lock door cannot be provided, an adjustment of the noise limiting device would be required but that is a matter the applicant will need to address through a subsequent permit amendment process. 
48.	I acknowledge the applicant submission that compliance with the permit conditions outlined above will be enough to ensure that the external impacts of internal noise can be contained to acceptable levels, irrespective of the operating hours.  
49.	However, my decision to limit the trading hours to 3.00 am is informed by the need to have regard to the impact of the hours of operation on the amenity of the surrounding area, and the cumulative impact of any existing licensed premises on the amenity of the surrounding area.
50.	The necessity to consider the cumulative impact of venues on the amenity of the locality in general is embedded in the purpose and decision guidelines of Clause 52.27 and local policy, as previously discussed.  
51.	The effect of these planning scheme provisions have been explored by the Tribunal in recent years.  Notably, in Swancom, Deputy President Dwyer commented that licensed premises operators must address the broader amenity impacts of their proposals that are beyond their immediate control.  Deputy President Dwyer said:  
‘...highlights that the operators of licensed premises in an area where amenity problems already exist can no longer rely on an internally focussed noise and amenity plan in support of a planning application for late trading hours and significant patron numbers. The purpose of cl 52.27 and the decision guidelines is now to focus on external amenity issues and cumulative impacts, and operators of licensed premises must also address these broader amenity impacts beyond their immediate control.’
52.	I am persuaded by the Council’s submission that the extension of trading hours to 5.00am would have adverse cumulative impacts associated with the number of licensed premises close to the review site, generally operating between 1.00 am and 3.00 am, with one closing at 5.00 am.   
53.	The Council submission points out that: 
At present, late night venues are located near at (sic) the southern end of Smith Street, near Langridge / Gertrude Streets, and at the eastern end of Peel Street. Ms Maloney has noted existing “synergies with The Peel Hotel with notable queues outside that venue” after the closure of the Rainbow International House Club.  The implication is that, presently, there is a staggered closure of venues, with patrons of Rainbow House perhaps more likely to a leave the Precinct and travel to the Peel Hotel.
In Council’s view, it seems likely that if Rainbow House were to remain open between 3am and 5am, as sought, pedestrian traffic between those two venues would be in both directions for an additional 4 hours between 1am and 5am. Council also notes that although Rainbow House will only accommodate 100 patrons at the relevant times, it is inaccurate to suggest that this adds only 100 patrons to the Precinct. Patrons of a venue do not know before arriving whether or not it is full, and those that are required to wait in line (or chose to smoke) outside a venue also contribute to adverse amenity effects.
54.	I am satisfied that the limitation on the hours of operation to 3.00am as proposed by the Council achieves a reasonable outcome that balances those planning scheme provisions encouraging licensed premises in this location while simultaneously recognising the potential impacts of these uses and the need to manage those impacts.  
conclusion
55.	It follows from the above reasons that it is my conclusion that the decision of the responsible authority should be set aside and an amended permit issued. 
56.	In deciding the conditions to be included on the permit I have had regard to the "without prejudice" amended conditions provided to the Tribunal by the responsible authority and the submissions and evidence of the parties in addition to the matters which arise from my reasons.

Laurie Hewet
Senior Member	

Appendix A – Permit Conditions

Permit Application No	PL06/0738	
Land	125 Smith Street, Fitzroy	

What the permit allowS	
In accordance with the endorsed plans:
•	Development of the land for buildings and works (retrospective) and use of the land for the purpose of a tavern with a maximum of 120 patrons, including a reduction in the car parking requirements and to allow for the sale and consumption of alcohol (on the premises).	

Conditions
1	Before the sale and consumption of liquor as approved through the amended permit commences, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will form part of the permit. The plans must be generally in accordance with the application plans but modified to include:
(a)	Internal toilets to be shown as gender neutral.
(b)	Any requirements of the amended Acoustic Report (Condition 25).
2	Live and amplified music (other than background music) is to be restricted to the front lounge/bar area to the satisfaction of the Responsible Authority.
3	All music including background music, dance music and live music entertainment must comply with the noise limits specified in the Environment Protection Regulations under the Environment Protection Act 2017 and the incorporated Noise Protocol (Publication 1826.4, Environment Protection Authority, May 2021) as may be amended from time to time
4	All use must accord with the endorsed plans. Any alterations must be approved by the Responsible Authority.
5	The layout of the uses on the endorsed plans must not be altered without the written consent of the Responsible Authority.
6	The premises may only operate between the following hours:
(a)	Sunday to Wednesday	Between 11am and 1am (the following day)
(b)	Thursday to Saturday Between 11am and 3am (the following day)
7	The rear courtyard, beer garden and dining area (including the rear toilets) must not be used after midnight on any day. The dining area can only be used to access the internal toilets.

8	No more than 120 patrons may be permitted on-site between 11am to midnight and no more than 100 patrons after midnight (with no more than 30 the patrons occupying the dining area when permitted to be open).
9	The licensee shall not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of the premises to which this permit relates during or immediately after the trading hours authorised under this permit.
10	The licensee shall ensure that the level of noise emitted from the premises shall not exceed:
(a)	The permissible noise level from mechanical equipment as specified in the noise limits specified in the Environment Protection Regulations under the Environment Protection Act 2017 and the incorporated Noise Protocol (Publication 1826.4, Environment Protection Authority, May 2021) as may be amended from time to time within the Melbourne Metropolitan area; and
(b)	The permissible noise levels for entertainment noise as specified in the noise limits specified in the Environment Protection Regulations under the Environment Protection Act 2017 and the incorporated Noise Protocol (Publication 1826.4, Environment Protection Authority, May 2021) as may be amended from time to time).
11	No music must be played outside the premises. No speakers must be sited outside the premises.
12	The operator must request patrons, by a prominent notice, to take account of the needs of local residents for peace and quiet during normal sleeping hours.
13	The operator and/or security staff must request patrons to not congregate on the footpath, on front of the premises.
14	The footpath must not be obstructed by patrons entering or leaving the premises.
15	The use permitted must not adversely affect the amenity of the locality by the appearance of any buildings, works or materials, the transporting of goods to and from the premises, emissions from the site or in any other way.
16	Any empty bottles associated with the use must be taken in bags and no emptying of bottles into garbage bins is permitted after 10.00pm on any night or before 7.00am on any day.
17	Garbage collections are restricted between 7.00am and 8.00pm on any day.
18	During all hours (whether or not liquor is served) in which the business is open to the public, entry must be made freely available to a member of the Victoria Police, an "authorised officer" of the Responsible Authority or an officer of Liquor Licensing Victoria for the carrying out of any

investigations associated with the sale or consumption of alcohol on the site.
19	During all hours (whether or not liquor is served) in which the business is open to the public, there must be present on the premises, a person above the age of 18 years, responsible for the good conduct of the premises ("the Manager").
20	The Manager must at all times be authorised by the occupier of the premises to make statements on their behalf to a member of the Victoria Police, an "authorised officer" of the Responsible Authority or an officer of Liquor Licensing Victoria regarding the conduct of the premises for the activity hereby authorised.
21	The internal works to the toilets and sound lock door must be completed prior to the commencement of the sale and consumption of liquor approved under the amended permit to the satisfaction of the Responsible Authority.
22	All patron ingress and egress must be directed through the Smith Street entrance to the satisfaction of the Responsible Authority.
Waste Management Plan
23	Before the sale and consumption of liquor as approved under the amended permit commences, an amended Waste Management Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Waste Management Plan will be endorsed and will form part of this permit. The amended Waste Management Plan must be generally in accordance with the Waste Management Plan prepared by TTM, but modified to require:
(a)	That all waste streams including food waste and glass, be collected by a private contractor.
24	The provisions, recommendations and requirements of the endorsed Waste Management Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
Acoustic Report
25	Before the sale and consumption of liquor as approved through the amended permit commences, an amended Acoustic Report to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Acoustic Report will be endorsed and will form part of this permit. The amended Acoustic Report must be generally in accordance with the Acoustic Report prepared by Marshall Day and dated 18 February 2010, but modified to include (or show, or address):
(a)	The noise limits and recommendations relating to the front lounge/bar area outlined in Acoustic report (prepared by Enfield Acoustics and dated 22 January 2021) including the installation of a sound lock door to the Smith Street entrance.

(b)	The location of the dwellings at No. 123 Smith Street in accordance with the memo prepared by Enfield Acoustics dated 24 June 2021 including revised “resulting maximum noise levels”.
(c)	but further modified to:
(i)	reference operating hours in accordance with Condition 6;
(ii)	require a limiting device be installed to ensure that the anticipated noise limits are achieved and not exceeded. The device must be calibrated by a suitably qualified acoustical consultant, and if live or amplified music is proposed to be played after 1am, the limiting device to include an external microphone.
26	The provisions, recommendations and requirements of the endorsed Acoustic Report must be implemented and complied with to the satisfaction of the Responsible Authority.
27	Within 3 months of the commencement of the sale and consumption of liquor as approved under the amended permit, an Acoustic Report to the satisfaction of the Responsible Authority must be prepared by a suitably qualified acoustic engineer and must be submitted to and approved by the Responsible Authority. When approved, the Acoustic Report will be endorsed and will form part of this permit. The Acoustic Report must assess the compliance of the use and, where necessary, make recommendations to limit the noise impacts in accordance with Environment Protection Regulations under the Environment Protection Act 2017 and the incorporated Noise Protocol (Publication 1826.4, Environment Protection Authority, May 2021) or any other requirement to the satisfaction of the Responsible Authority. Any works required by the acoustic report must be undertaken within 6 months of the date of the report to the satisfaction of the Responsible Authority.
Noise and Amenity Action Plan
28	Before the sale and consumption of liquor as approved through the amended permit commences, an amended Noise and Amenity Action Plan to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the amended Noise and Amenity Action Plan will be endorsed and will form part of this permit. The amended Noise and Amenity and Action Plan must be generally in accordance with the Noise and Amenity Action Plan prepared by Priority Planning, but modified to include (or show, or address):
(a)	The movement of patrons into the external outdoor area after midnight be restricted through the presence of security personnel or locked doors. No persons, including staff are to use the courtyard area after midnight for any purpose including smoking.

(b)	That amplified music is not permitted to be played other than through the permanently installed (and limited) sound system in the lounge/bar area.
(c)	Confirmation that the noise limiter is not accessible by any personnel other than a qualified acoustic engineer or technician nominated by the licensee or occupier of the land.
(d)	Commitment to reduce the capacity of the venue to 100 patrons after midnight and how this will be managed.
(e)	Greater detail to the employment of security personnel and their responsibilities (inclusive of information detailed in applicant’s town planning report).
(f)	Staffing levels, and extended hours of operation limited to the internal front section of the building (as per applicant’s town planning report)
(g)	Reference to Octave Acoustics to be corrected to Enfield Acoustics.
29	The provisions, recommendations and requirements of the endorsed Noise and Amenity Action Plan must be implemented and complied with to the satisfaction of the Responsible Authority.
30	This permit will expire if:
(a)	The sale and consumption of liquor as approved by the amended permit is not commenced within two years from the date this permit was amended.
(b)	The sale and consumption of liquor is discontinued for a period of two years.
57.	The Responsible Authority may extend the period referred to is a request is made in writing before the permit expires or within six months afterwards for commencement.
End of Conditions