Special Entertainment Precincts (SEPs) are defined under the Local Government Act 1993 and are designated areas or streetscapes in which a council can set the trading hours and sound conditions to support live music and performances and provide greater certainty for businesses and residents in the precinct.
This lets councils more easily support live music and performance in the precinct and provide operational certainty for venues, neighbouring residents and businesses.
A Special Entertainment Precinct includes the following enablers and incentives:
- Potentially more favourable sound conditions and trading hours to support live performance
- Registered live music and performance venues can get an additional 2 hours of trading on nights when 45min of performance is hosted after 8pm, and in a SEP 1 hour on all other nights. This is more than live music venues can access outside of SEPs
- Clearer sound guidance: since 1 July 2024, Liquor & Gaming NSW manages entertainment sound complaints for licensed premises, and a higher threshold is applied in the assessment of a complaint in a SEP
- Any development conditions that are inconsistent with the trading hours and sound requirements set in a precinct management plan cease to have effect
- Offensive noise provisions do not apply in a SEP and are replaced by the sound standards in the council’s precinct management plan
- Strengthened governance arrangements to support safety and collaboration in a precinct
- Incoming residents are notified of a SEP on a website or planning certificates.
Local councils are responsible for identifying and establishing SEPs.
A local council identifies a SEP by publishing a precinct management plan, created in consultation with community, businesses and government, on their website and amending its Local Environment Plan (LEP) through a planning proposal submitted to the Department of Planning, Housing, and Infrastructure.
In some circumstances and at the request of a council, the Minister for Planning and Public Spaces may amend a LEP through a State Environmental Planning Policy.
The Guidelines are primarily intended for local councils, which must act in accordance with them when establishing, operating, suspending and/or revoking a SEP.
The Guidelines may also be used by:
- businesses and venues operating (or considering operating) in a SEP or seeking to advocate for a SEP in their area
- developers considering projects within or in proximity to SEPs, particularly for sound-sensitive projects
- residents living within or adjacent to SEPs
- members of the community interested in SEPs.
The Guidelines identify the mandatory steps to establishing, operating, suspending or revoking a SEP (including a precinct or single premises), under section 202 and 203 of the Local Government Act.
The Guidelines include the following information about SEPs:
- How to use the guidelines and how they apply
- About Special Entertainment Precincts
- Key principles of Special Entertainment Precincts
- Definition of key terms
- Legislation
- Summary of sound management and trading hours in a SEP
- Steps and process for establishing a SEP:
- Step 1: Establishing a SEP
- Step 2: Operating and monitoring the SEP
- Step 3: Suspending or revoking the SEP
Yes, councils must act in accordance with the Guidelines under Section 203 of the Local Government Act 1993.
The Act states that the Minister for Local Government may publish guidelines about the establishment, operation, revocation or suspension of special entertainment precincts.