Minor Change Report MCU17 0024 03 (As Published) · MCU17/0024.03

               Peer assessment of request
               The change seeks to amend Condition 8 to remove reference to a sound limiting device and
               replace the noise limits with the CEML limits on the current liquor licence plus add reference to the
               RAMP.
               My opinion is that OLGR are the entity responsible for amplified/non amplified entertainment/patron
               noise for a Licenced premises. On this basis, Council do not need to include numerical noise
               conditions in the development approval now that an updated Liquor Licence has been obtained.
               My suggestion is that a replacement Condition 8 read as follows:


               New Condition 8.
               All amplified noise at the premises must be conducted through a sound limiting device at
               all times to ensure that noise does not exceed the Office of Liquor and Gaming Liquor
               Licence noise limits for the premises.


               The Applicant’s request is to remove the requirement for amplified music to be conducted through
               a sound limiting device (SLD) and in its place, include the OLGR CEML requirements.
               The peer assessment notes that Council does not need to duplicate numerical limits within the
               development approval as these are already contained within the OLGR approval. The requirement
               for an SLD is also included within the OLGR conditions (see Figure 2).
               During the application assessment the applicant raised ongoing concerns about the need for the
               retention of the SLD requirement within the development approval. Further discussion about this
               matter with Council’s peer consultant on 12 February 2026 advised that the SLD is not
               unreasonable at this location due to the location and proximity of the club to surrounding residential
               areas.
               The applicant has requested that condition 8 be amended to reflect the Risk Assessed
               Management Plan as this is considered to align with the OLGR limits. Whilst the change to reflect
               the OLGR noise limits is supported the wording of the condition is not and a simplified condition
               suggested below.
               Recommendation
               It is recommended existing condition 8 be amended to read as follows:
               8.     All amplified noise at the premises must be conducted through a sound limiting device
                      at all times to ensure that noise does not exceed the Office of Liquor and Gaming
                      Liquor Licence noise limits for the premises.




               Existing Condition 9 - 11
               9.     The sound limiting device is to have a locking mechanism, which is to be locked at all times
                      except for inspection or maintenance work on the device.
               10.    Access to the sound limiting device, except for maintenance work, is restricted to the
                      licensee, nominee and the person in charge of the premises at the time.
               11.    The sound limiting device must be checked and if necessary calibrated by a qualified acoustic
                      engineer at least every 12 months to ensure compliance with the conditions of the license.
                      Evidence of the sound limiting device calibration must be made available to an investigator
                      or police on request.
               Applicant’s Request
               The applicant submits that Conditions 9 - 11 be deleted for the following reason:.

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Document Set ID: 24197314
Version: 8, Version Date: 23/02/2026