Certain live entertainment conditions cease to have effect
70 Certain live entertainment conditions cease to have effect
This clause applies to any of the following conditions (a live entertainment condition) of a licence that are in force immediately before the commencement—
a condition that restricts the genre of music that may be played or performed on the licensed premises,
a condition that restricts the number of musicians or live entertainment acts that may perform on the licensed premises,
a condition that restricts what type of instruments may be played on the licensed premises,
a condition that restricts the performance of original music,
a condition that restricts a stage for live performers from facing a particular direction,
a condition that restricts decorations, including, for example, mirror balls, or lighting used by musicians,
a condition that prohibits live music, live entertainment or the amplification of a musical instrument at all times or across the entire licensed premises,
a condition that prohibits or restricts the presence or use of a dance floor or another area ordinarily used for dancing.
From the commencement of this clause, the live entertainment condition ceases to have effect.
However, despite subclause (2), the Secretary may impose a condition relating to noise abatement on a licence if—
the Secretary receives a written complaint from—
an occupier of neighbouring premises of the licensed premises, or
the local consent authority for the licensed premises, or
the Commissioner of Police, and
the Secretary is satisfied the quiet and good order of the neighbourhood of the licensed premises are being unduly disturbed as a result of the conditions mentioned in subclause (1) ceasing to have effect.
Section 80 does not apply to a complaint referred to in subclause (3)(a).
To remove any doubt, this clause does not affect another condition that may impact on entertainment that is provided on the licensed premises, or an area adjacent to the premises.
Example.
A condition relating to noise abatement
In this clause—
neighbouring premises has the meaning given by the regulations.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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