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2015-07-21 Planning & Organisation Committee Agenda

of 140

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PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                       21 JULY 2015


Adoption of liquor licencing noise criteria provides a practical approach because State Office of
Liquor and Gaming Regulation (OLGR) officers are best equipped to monitor and enforce noise
limits of licenced premises. However, it is important to note Liquor Regulation limits represent
relatively audible noise levels above background and are applied to venues in entertainment
precincts, city CBD’s, and the like. As such, Council may find those limits unsuitable to protect
residential amenity in this location.
The applicant’s acoustic assessment provides only a desktop analysis and has not undertaken
monitoring of background noise levels or noise generation by similar businesses. It assumes
background levels and adopts corresponding peak noise criteria, as follows:




Figure 3 – Background Noise Levels and Criteria
The assumed evening and night-time background levels of 40dB(A) and 35dB(A) are considered
reasonably conservative and appropriate for the location. They correlate with quiet suburban
settings without significant traffic noise or allowances for wind/surf noises that occur intermittently
in Sunshine Beach.
The assessment makes the following key findings:
o     Patron noise is likely to be the dominant noise source
o     Some operational aspects of the business, such as rubbish disposal and use of roller
      doors, have potential for noise nuisance and should be managed
o     Since the fitout of the premises is yet to be undertaken, design elements to minimise
      internal noise reverberation (and corresponding patron noise and noise spill) should be
      considered
The applicant’s consultant estimates a peak patron noise generation of 45dB(A), complying with
the applicant’s adopted noise criteria up to 10pm only. Critically, the noise assessment finds:
after 10.00pm, noise from patrons could potentially exceed the criterion for that time and doesn’t
identify any practical means of attenuating or managing patron noise after this time. Council’s
Environmental Health Officer reviewed the assessment and agrees noise generation after 10pm
is a primary concern. The issue was raised with the applicant who confirmed in writing it has no
objection to a 10pm limit on trading.
In regard to patron noise in the evening prior to 10pm, the predicted peak noise generation of
45dB(A) correlates to the estimated background level +5dB(A), which is consistent with standard
Council limits for residential areas. Importantly, the noise assessment includes outdoor areas
both within the site and on the adjacent footpath reserve. Should the evening operation be found
to cause undue noise Council would have the option to rescind any temporary footpath dining
permit it issues.
While noise presents the primary risk and assessment issue for the application, it is considered
that the new small venue can be supported, provided suitable noise conditions are applied to its
operation. Detailed conditions are included in the recommendation to address the following:
o     No trading after 10pm
o     No external speakers or amplified music
o     No amplified music to be audible outside the building after 7.30pm

                                                                                      Page 11 of 140
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