2020-05-18 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                                     18 MAY 2020


Condition 8
Noise
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 following:
     a.       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
     b.       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.
Applicant’s Request
We are seeking to change the two (2) very specific noise limits detailed in the above condition
and replace them with the criteria that specifies an acoustic testing regimen used by the OLGR
for licensed premises.
It is our understanding that these existing noise levels (conditions) were determined prior to the
construction of the new clubhouse being completed and as such were not arrived at by way of a
verifiable and transparent testing process?
We submit that it is in the interests of fairness that the noise levels applied to the venue should
be ascertained using a robust and verifiable testing regime.
The OLGR have an acoustic testing regimen that is applied to all licensed venues and is detailed
in the OLGR Liquor Guideline 51 (It was previously detailed in Guideline 50 which was updated
as of Feb. 29th 2020).
This testing regimen is undertaken by independent Acoustic Engineer or Consultant.
The acoustic testing criteria that determines the maximum permitted noise level (under given
operating scenarios) is designed to ensure the amenity of the local area is protected and that the
licensee does not generate noise that would be considered unreasonable in terms of s187 of the
Liquor Act 1992.
The licensee has now had acoustic testing done in accordance with Regulation 40 of the Liquor
Regulations 2002, which states -
40   Prescription of limits for noise that if exceeded constitute unreasonable noise
     For the definition unreasonable noise in section 4 of the Act, the limits for noise are as
     follows—
     (a)      between 6a.m. and 10p.m.—the adjusted maximum sound pressure level LA10, plus
              adjustments for tonal and impulse components, exceeding the background level
              LA90 by more than 10dB(A);
     (b)      between 10p.m. and 6a.m.—the sound pressure level LOCT10, in a full octave band
              with centre frequencies from 63HZ to 2000HZ, exceeding the background level
              LOCT90 by more than 8dB in any octave band.
It is our submission that Condition # 8 (a) & (b) should be replaced with the Regulation 40
criteria.
This would apply a consistent level of standards and the results are able to be reviewed and
verified.
The Acoustic Report provided to the OLGR details the various operating scenarios that would
allow the licensee to provide elevated music noise levels within the venue and be compliant with
the Reg. 40 noise levels.
These operating scenarios would be endorsed on the club’s liquor licence and the licensee would
be required to comply with them or face potential punitive action.



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