2021-05-20 Ordinary Meeting Minutes

ORDINARY MEETING MINUTES                                                              20 MAY 2021


    Amendment No. 2
    Moved:           Cr Stockwell
    Seconded:        Cr Wegener
    That condition 18 be amended to read:
    18.   Any amplified noise, other than low level piped music not greater than 75dBC, at the
          premises must be conducted through a sound limiting device at all times to ensure that
          noise does not exceed levels prescribed in the conditions of a licence.
                                                                            Carried unanimously.


    Council Resolution
    Moved:           Cr Wilkie
    Seconded:        Cr Jurisevic
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 11 May 2021 and the Further Report to the Ordinary
    Meeting dated 20 May 2021 regarding representations made in relation to Application No.
    MCU20/0106 for a Development Permit for Material Change of Use - Food and drink outlet
    situated at 1 Arcadia St Noosa Heads and:
    A.    Agree to amend conditions 3, 6 and 9 to read as follows:
          3.    The approved use must not operate outside the hours of 6am to 12am, 7 days a
                week.
          6.    Amplified music must cease to operate in outdoor spaces by:
                a.    9pm Sunday – Thursday
                b.    10pm Friday and Saturday
          9.    Any solid structure for the required planter boxes/pots must have an interesting
                finish to enhance the softening effect of the landscaping.
    B.    Include the following additional conditions:
          15.   Noise emanating from the premises including amplified or non-amplified noise and
                patron noise prior to 10.00pm must not exceed 90dBC, fast response, when
                measured approximately 3 metres from the source of the noise; and
          16.   Noise emanating from the premises including amplified or non-amplified noise and
                patron noise after 10.00pm must not exceed 85dBC, fast response, when
                measured approximately 3 metres from the source of the noise.
          17.   Entertainers or speakers used to amplify noise must not be located in any outdoor
                dining area.
          18.   Any amplified noise, other than low level piped music not greater than 75dBC, at
                the premises must be conducted through a sound limiting device at all times to
                ensure that noise does not exceed levels prescribed in the conditions of a licence.
          19.   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.
          20.   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 any time.
          21.   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 this licence. Evidence of the sound limiting device calibration must be
                made available to an authorised person on request.

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