The test for whether noise from licensed premises is 'unduly' disturbing under s 117(1) of the Liquor Licensing Act 1988 (WA) is objective: the disturbance must be one that a reasonable person would regard as undue, having regard to all circumstances including what might reasonably be expected from premises of the kind licensed. Subjective disturbance to the complainant is insufficient. A single apartment cannot constitute the 'neighbourhood' under s 117(1)(a); the neighbourhood comprises at least the whole building or self-contained sector. Orders under s 117(5) cannot be made absent an ongoing or likely repeated breach of s 117(1).
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