Special Entertainment Precincts

This page outlines details of Special Entertainment Precincts (SEPs) in Fairfield City and the benefits and responsibilities of businesses operating within a SEP to minimise the impacts on sensitive development within the Precinct.

Background

In partnership with the NSW Office of the 24-Hour Economy Commissioner, the Canley Heights and Canley Vale town centres have been established as Special Entertainment Precincts to allow late-night trading for entertainment, nightlife and live music in Fairfield City through a fine balanced approach to sound management and flexibility in the Precincts.

Community consultation took place as part of the planning proposal process including letters to business and adjoining residents, website material and information stalls in Canley Vale and Canley Heights.

SEP Trading Hours

Businesses within the Canley Heights and Canley Vale SEPs may access the trading hours identified in the Precinct Management Plan (PMP) without further approval from Council.

Outdoor SEP trading hours apply to footpath trading areas, as well as areas for outdoor dining on private land.

Businesses with existing approvals to trade later than the SEP allowed trading hours may continue to do so. Businesses that want to operate beyond the allowed trading hours in the PMP may apply to Council through a development application. 

Program incentive hours: Would be ‘as of right’ with no need for a development application (DA). Allowable on all nights of the week only where the premises:

• Has a schedule program of entertainment activity for live or recorded music and other performances and activities 
• The entertainment is of at least 45 minutes after 8pm, and
• On at least 2 nights in any 7-day period.  

Dedicated venue hours: Would be ‘as of right’ with no need for a development application. An additional 2 hours from the ‘base hours’ only available on the night of an entertainment activity for live or recorded music and other performances and activities is held at a licensed venue that is:

• At least 45 minutes long after 8pm, 
• On at least 2 nights in any 7-day period, and 
• the venue is a dedicated live music and performance venue published on the Liquor & Gaming website: Eligible live entertainment venues - Liquor & Gaming NSW. 

All premises must keep a record of the schedule program of the entertainment for compliance purposes.  

Businesses with existing approvals to trade later than the SEP trading hours may continue to do so. Businesses may apply to Council for extended hours through a development application.

OUTDOOR DINING

Businesses with existing outdoor dining approvals can trade until 11pm in Special Entertainment Precincts without any amendments to their existing outdoor dining licence. 

Businesses who are interested in providing outdoor dining, who do not have an existing outdoor dining licence, will need to apply to Council to obtain a licence/permit for outdoor dining in accordance with Council’s Outdoor Dining Policy. 

Liquor Licence Trading Hours

Liquor licence trading hours still apply to a licensed premises located in a SEP. However, licensed premises that hold live music performances or other arts and cultural events, can access extra liquor trading hours if they meet certain eligibility requirements. Eligible venues can also access other incentives such as reduced licensing fees.

For more information about the incentives, eligibility requirements and the application process, visit the Liquor & Gaming NSW website.

If your venue does not provide live entertainment but you wish to change your liquor trading hours you can also apply to extend your trading hours.

Information about making changes to your liquor licence can be found here: Incentives for live music and performance venues - Liquor & Gaming NSW

Sound Limits from Entertainment

Businesses operating within a SEP are responsible for ensuring they operate within the entertainment sound criteria detailed in Section 9 of the Special Entertainment Precinct Management Plan (PMP).

Entertainment Sound Criteria

Businesses undertaking entertainment activities in the SEP must not emit noise to cause the external entertainment sound levels to be exceeded at the locations shown in the Sound Category Area (SCA) mapped in Attachment A of the PMP.  The sound criteria for the SCAs are contained within Table 1 of the PMP and is split between 3 time periods being 7am to 10pm, 10pm to midnight and midnight to 7am during time of operation.

Existing businesses in the SEP

Existing businesses in the SEP will not be required to undertake acoustic treatment to satisfy the external sound criteria, as long as they operate within existing consent conditions and comply with the PMP to successfully operate the SEP trading and incentive hours.

Proposed businesses in the SEP 

Upcoming businesses offering entertainment that is proposed after the SEP comes into force will require a business to prepare a Development Application (DA) to be accompanied by an acoustic report submitted to Council that shows the venue can operate without causing the external entertainment sound levels in the PMP to be exceeded. This may involve the business requiring acoustic treatment and operational noise management plan to manage break out noise which will be determined by the businesses’ acoustic consultant.

New business proposed in existing mixed-use building in the SEP

If an entertainment business is proposed within an existing mixed-use building with existing residential tenancies, a DA will be required to be submitted to Council that complies with the internal sound criteria, located within Table 3 of the PMP.

New residential development proposed above existing entertainment venue

If a new residential tenancy is proposed above an existing entertainment venue within the SEP, the venue will not be required to undertake any action, rather the developer will be required to demonstrate compliance with the internal sound criteria in Table 3 of the PMP.

New mixed-use developments

A new mixed-use development within the SEP will be required to provide an acoustic report showing compliance with Table 2 – Internal Sound Criteria – Cumulative Entertainment Noise Level. The PMP places no sound criteria requirements on buildings outside the PMP boundary map.

Good Neighbour Policy for noise disputes from entertainment

Residents having issues with sound coming from a business must in the first instance approach the venue directly in attempt to resolve a noise dispute with an entertainment venue operator amicably. Simple measures for businesses such as closing windows and doors, being aware of when entertainment will cease, or lowering the volume can resolve issues before they escalate.

If the noise issue cannot be resolved between a resident and a business, then Liquor and Gaming NSW can be approached for complaints handling for licenced venues in the SEP. More information about regulating sound from licensed venues can be found here: Sound regulation for licensed venues | NSW Government

Council will continue to manage complaints for unlicenced venues in the SEP. Council is committed to ensuring that good neighbourhood amenity between businesses and the community is maintained by applying a consistent regulatory response in managing sound emitted for entertainment activity. If the matter cannot be resolved, please contact Council through the Report-IT portal.

Related Links

• Special Entertainment Precinct Management Plan(PDF, 939KB)
• Fairfield City Wide DCP 2024 – Sections 7.5.2.2, 8.3.2 and 10.15 Special Entertainment Precincts
• Canley Corridor DCP No 37 –Section 5.3.7 Special Entertainment Precincts
• Good Neighbourhood Policy(PDF, 250KB)