Land used to sell services involving the use or display of the body of the person providing the service for the sexual arousal or sexual gratification of another person while they are present on the land.

It does not include:

• Live entertainment performed for an audience, by a person performing an act of an explicit sexual nature, such as lap dancing, nude dancing and striptease.
• Sexual activities engaged in by two or more people required to pay an admission fee or charge to enter the premises on the same terms and who do not receive any form of payment or reward, whether directly or indirectly, for engaging in the sexual activities.[5]

1. The proposal does not include the sale of sex services, for the gratification of another person on the land. Any patrons hiring a space in the venue for consensual activities, that are filmed, during the daytime operation could only be described as activities ancillary to the proposed use, given the limited number of patrons on-site and the overall use proposed, as set out in paragraph 2.
2. The applicant acknowledged, in making submissions at the hearing, that the use of the venue for 20 patrons during the day for uses set out in the application material 'was the least of their concerns'. Their substantive submissions at the hearing related to noise, and amenity associated with the proposed night-time use when up to 200 patrons may be on-site. We agree that the very limited patron numbers proposed during the day, and general activity occurring already in City Road during the day, means that adverse impacts of the use, through noise, or general activity, would, in our view, be negligible. If this daytime use includes some ancillary activities such as the creation of film content, we do not see that it transforms the use as set out in the application material.
3. Nevertheless, we consider the permit (if issued) would benefit from further conditions that clarified the intent of the proposal. We discuss this below.

1. The applicant questioned how often the venue may be hired out for functions and, if so, how this may occur. We questioned the applicant as to how this may change the use proposed, noting that:
   • The venue is to be for ticketed entry only, as set out in the proposed venue management plan, and
   • many venues, such as restaurants, are sometimes hired out for functions, but this did not change the principal use of the land.
2. The use proposed is for individuals to be able to attend a venue for specific entertainment purposes. There is nothing before us to indicate that the use is primarily a function centre because it may, at times, be hired out for a party or function.
3. We also do not share the applicant's concern that the ground floor bar and live music venue may operate separately to the SOPV activities. We concur with the submissions of the council that the proposal is clearly for a single venue that includes spaces that are interlinked in their operation, and not separate or distinct uses.
4. If the use transformed to a different use than what is proposed, including if it transformed to a function centre, nightclub or bar (as defined under the scheme), then the responsible authority would need to determine if enforcement action was required; or if a different permit approval under the scheme was needed to be sought for the premises.
5. We have assessed the proposal as was put to us, being a single entity premises as we have described in paragraph 2 above.
6. We do agree with submissions of the applicant that the use should be better identified in the permit, than as an 'adult lifestyle meeting place' currently described in the permit preamble. As we commented in the hearing, the use of an adult lifestyle meeting place is somewhat euphemistic, and does not clearly articulate the uses sought to be permitted.
7. We are satisfied that what was advertised to the community was sufficiently clear as the notice referred to the application documents that provided further detail as to the premises operations. A permit condition providing clearer understanding of the use, however, is also appropriate. We have addressed this in the conditions set out in Appendix A. This includes references to the activities of a SOPV venue, as identified in the scheme, and the associated activities proposed at the venue. We have adopted an approach like that suggested by the applicant on this issue, but simplified the wording so as to not refer to other documents, such as the application documents that do not form part of the permit.
8. We have not made specific reference to the creation of video content as part of the use. The application documents comment that the daytime operation 'will facilitate online content creation, primarily in private rooms and within the scope of the SPOV' use.[6] We accept that in this daytime context, it may form an ancillary component of the uses of SOPV and a bar / live entertainment and is not a separate or distinct use.

1. The applicant submits there is a lack of detail about the proposed venue operation including whether there is sufficient room on-site for food preparation, rubbish collection and seating, and therefore whether there is sufficient room on-site for the proposed number of patrons.
2. For the purposes of an assessment under the scheme, how the operators store rubbish in the venue for bin collection is relevant only to the extent of ensuring bins can be collected in a manner that does not impact on the amenity of the surrounding area. We discuss waste management as an external amenity impact further below. We also note that if food preparation is to occur on-site the venue will need to meet relevant food safety laws and regulations. We note that we are aware of licensed venues that provide food service through use of pre-prepared or pre-packaged foods, rather than traditional meal service with food preparation occurring on-site.
3. There is nothing in the scheme to indicate that a specific floor area is required for the number of patrons of the use proposed, or even the floor area required if a bar or nightclub was proposed on the land. We are aware that both the Liquor Control Reform Act 1998 (Vic) and the Building Control Act 1993 (Vic) include requirements that may limit patron numbers. This may include consideration of floor area requirements. However, this is not a matter before us. The operator of the premises will need to ensure that the patron numbers meet any requirements set by these other acts and relevant health requirements for any food preparation.
4. The question before us is whether the proposed operation, of up to 200 patrons, for the hours set out in the application material, may lead to unreasonable off-site amenity impacts. We address this further below.

1. During the hearing we questioned how a nominated 'mezzanine' area on the application plans was to be used. The respondent confirmed that the existing upper mezzanine area is an existing roof cavity area that may need to be accessed for building services, but does not form part of the floor area for the proposed use.
2. A notation on the application plans identifies that this mezzanine area is not to be accessed for the proposed use. We have included a condition in Appendix A to clarify that this upper area is not to be used by patrons or for accommodation purposes, as is nominated in the application plans.

IS THE USE SUFFICIENTLY CONSISTENT WITH THE IN1Z PROVISIONS?

1. The applicant submits the proposal is not consistent with the IN1Z purposes that are:
   • To implement the Municipal Planning Strategy and the Planning Policy Framework.
   • To provide for manufacturing industry, the storage and distribution of goods and associated uses in a manner which does not affect the safety and amenity of local communities.
2. As an application for use, the proposal before us must be assessed against the decision guidelines of clause 33.01-2 of the IN1Z. These require, that in addition to the general decision guidelines of clause 65.01 of the scheme, a need to consider:
   • The Municipal Planning Strategy and the Planning Policy Framework.
   • The effect that the use may have on nearby existing or proposed residential areas or other uses which are sensitive to industrial off-site effects, having regard to any comments or directions of the referral authorities.
   • The effect that nearby industries may have on the proposed use.
   • The drainage of the land.
   • The availability of and connection to services.
   • The effect of traffic to be generated on roads.
   • The interim use of those parts of the land not required for the proposed use.
3. While the applicant submits that the proposed use is not supported by the zone purposes or associated policy, we are satisfied that the proposal as described in the permit application material, is a use that can comfortably fit the zone as it applies to this site. This is noting the context of policy of the scheme that includes clause 02.03-6 of the Municipal Planning Statement ('MPS') that:
   • Acknowledges that the range of entertainment uses are an important part of the local economy and contribute to the municipality's strong cultural identity. This is acknowledging a need to also protect residential amenity.
   • Supports an environment in which arts and creative industries can flourish.
4. The main patronage of the venue is to occur out of general businesses hours, thereby reducing any adverse impacts from the use on traffic conflicting with the employment uses of the area or other services. There is nothing in the MPS or policy framework that expressly seeks to avoid entertainment venues in this area, or industrial areas generally. The MPS only acknowledges a need to protect employment areas from encroachment of residential uses. Our inspection of the area also confirmed the existence of other entertainment, arts and creative uses operating in this area.
5. Hence, while the use is not one specifically identified in the purposes of the IN1Z, it is one we are satisfied implements and is consistent with the MPS and Planning Policy Framework, provided it does not result in any unreasonable amenity impacts. We address amenity issues below.

WILL THE PROPOSAL RESULT IN UNREASONABLE AMENITY IMPACTS ON THE SURROUNDING AREA?

1. The applicant submits that the proposal:
   • Will result in unreasonable noise from the proposed live music and entertainment elements of the venue to the surrounding residential and commercial occupants of the surrounding area.
   • May result in anti-social behaviour outside of the venue, including in nearby residential areas.
   • Has not adequately addressed its potential waste collection needs.
2. In making submissions about these issues the applicant commented that the respondent's submission to the Tribunal refers to the use operating only three nights per week, although the permit application and NOD are issued for seven nights per week operation.
3. The respondent submits that while it may initially operate only three nights a week it seeks a permit to operate seven nights a week to maintain flexibility as to when it operates. We accept that this is no different to the way many commercial operations may seek the ability to operate within proposed hours, but for operational purposes may operate for fewer hours.
4. We have assessed the proposal for the potential operation of up to seven nights per week, as set out in the application material and provided for in the NOD.

1. The applicant submits that the use will create unreasonable noise to dwellings in the area and to businesses that operate close to the site.
2. The site is in an IN1Z where the scheme does not seek to expressly protect workers from night-time music noise. We do not share the applicant's concerns that music or patron noise from the venue will be, as they put, 'catastrophic' to the normal operations of nearby businesses. This is noting that many other noise generating uses could (and do) occur in the immediate surrounds without the need for a use permit. Nevertheless, any premises is still required to meet relevant Environment Protection Authority ('EPA') noise guidelines.
3. An acoustic report was prepared as part of the application material and was referred to by the respondent during the hearing. This report sets out that relevant noise guidelines of the EPA can be met. The respondent also identified a previous draft of the acoustic report included consideration to a house that existed at 506 City Road[7], but that this was removed from the final report submitted to the council as the house was no longer occupied for residential purposes.
4. We note the proposed conditions in the NOD include various requirements for the acoustic report forming part of the application material to be updated, implemented and validated once the venue is in operation. This reporting can address any dwellings being used at the time of revised testing and operation. This is noting that:
   • At the time of decision writing, the building at 506 City Road, is a vacant dwelling currently for sale. We understand from submissions that this site is in the Capital City Zone. It has been used as a dwelling in the past, but also for other commercial uses. We are satisfied the updated acoustic report can and should address the use of this land at the time of the updated acoustic report being prepared.
   • The existing acoustic report notes the existence of a planning permit exists for dwellings to be constructed at 476-486 City Road.
5. We also noted on our inspection the existing building in which the venue is to operate includes windows to the lane to its north. Any need to attenuate the existing building (including the window openings to the lane to the north) to meet relevant noise regulations is a matter for the applicant to address in accordance with the conditions set out and accepted by the respondent.
6. We are satisfied that with the NOD conditions in place, the issue of noise associated with the use for live music and bar components of the operation, at this site's location is acceptable. This is subject to the updated acoustic assessment and implementation of any recommendations arising from that acoustic assessment, as specified in the conditions of the NOD that we have applied in the conditions in Appendix A.

1. The applicant submits that if there is insufficient room for the proposed number of patrons, particularly for the proposed activities of the venue, it may lead to adverse off-site amenity and safety concerns. Specifically, they submit that patrons, particularly 'young males', may end up 'leaving the premises, unsuccessful' due to the number of people on-site relative to the rooms and areas provided for the uses (as shown on the proposed application plans). The applicant submits that the potential implications of this are that there is likely to be a significant group of dissatisfied customers on any night who may leave the venue and cause safety concerns in the community. As was expressed in written comments tabled to us by the applicant:

What happens when someone does not receive the experience which they expect at this club? Some of these disgruntled patrons could look to target innocent people who they find when returning from the venue.[8]

1. The applicant submits that this may include impacting on nearby residents in the residential areas of York Street where patrons of the proposed venue may park their cars.
2. We do not concur with submissions of the applicant that the floor area for the proposed uses, relative to the proposed patron numbers, leads to patrons potentially leaving the venue 'unsuccessful'. Nor was any evidence presented to us that if a patron is 'unsuccessful' that there is a clear link that it will lead to an unreasonable public safety issue. This is noting that in assessing the proposal the council notified Victoria Police of the proposal, and no objection was received as a result of this notice.
3. We also note the draft venue management plan, included as part of application material, has a requirement that patrons must pre-book so that patrons can be advised before they enter of what to expect on-site, and the venue rules.
4. The applicant submits that the draft venue management plan does not provide confidence that the plan and its associated operational rules will be enforced, or that even if they are, how off-site patron behaviour can be controlled. The applicant also submits that the venue management plan does not identify what the ticketed price may be.
5. Some verbal submission was also made by the applicant that if the ticket entry price was high it would lead to less need to have so many patrons and that better quality patrons may attend, leading to less potential impacts on the surrounding area. As we commented at the hearing, what the entry price may be is not relevant to our consideration of a town planning application for the proposal and the sale and consumption of liquor on the premises. It is not our place to judge if an entry price may lead to a particular clientele, or fewer patrons. Nor is it our role to make moral judgement on the quality of patrons who can or should attend the venue. These are matters outside the ambit of our discretion that we are required to exercise and consider under the scheme provisions that apply. We reiterate comments of Hunt Club Commercial Pty Ltd v Casey CC[9] as referred to us:

[15] Town planning is not a panacea for all perceived social ills, nor is planning decision-making a forum for addressing all issues of social or community concern. ... Town planning does not involve itself in moral judgements nor, subject to this locational or spatial perspective, in the operation of a competitive market economy in which certain goods and services are lawfully made, sold or consumed. Whilst town planning seeks to secure a pleasant, efficient and safe working, living and recreational environment, it is not the role of town planning to address all issues of public health, nor to regulate the pricing or general availability of a product to manage the health and well being of a society.

6. As with any licensed venue under the Liquor Control Reform Act 1998 (Vic), management is expected to ensure patron behaviour on-site and leaving the site is managed in a satisfactory manner. The proposed venue is in an industrial and business area on a busy road. It does not have any direct residential neighbours. The nearest possible dwelling is one currently for sale to the north-west across City Road. This house is in CCZ1 and could be used for various uses, including a dwelling. The nearest residentially zoned area is in York Street. By walking, this is over 100 metres away from the venue entry.
7. We agree with submissions from council and the respondent that the proposed use includes appropriate measures to ensure patrons leave the venue in a managed way in accordance with the proposed venue management plan. The proposal will also need to meet relevant liquor licencing requirements. We are satisfied that with these measures in place the venue can operate in a reasonably safe and amenable manner in context of its physical location.

1. The applicant put to us, in some detail, that the proposed waste management plan for the use has underestimated the potential waste arising from the proposal. From the evidence of Mr Harris, we are not convinced that the applicant's concerns result in any material impact to the amenity of the area from waste generated from the venue.
2. From the material before us, including the evidence of Mr Harris, it is clear that there is room on-site for waste storage. We are satisfied that how and where this waste is stored on-site is an operational matter for the permit holder to address.
3. The relevant factor for us to consider is whether any off-site amenity impacts may arise from the location of waste collection in the street, and the number of times bins may need to be collected. This is particularly relevant if the use operates more than the projected three nights per week than the waste management plan has assumed; leading to more waste collection times that may result in excessive and adverse noise at collection times and impacts of bins left on the street for collection.
4. If the use operates seven days a week it may mean rubbish bins need to be placed in the laneway or City Road more than once a week for commercial collection. We are satisfied that collection from either location could occur and we note that the council is not opposed to either collection location. Mr Harris was also satisfied with the proposed waste collection methods and locations on the premises.
5. Given City Road is an arterial road with no direct residential abuttal to the collection point we are satisfied that there is no unreasonable off-site amenity impact from collection occurring multiple times a week.
6. We also note that if collection occurs from the laneway, it may require a small widening of a side door of the review site's building to facilitate bins being dragged into the lane.
7. The NOD is only for use, not any buildings and works. If a door opening is required, it may require an amendment to the permit or a new permit for such buildings and works. This is a matter for the permit holder and the council to consider, noting that the buildings and works are not subject to third party review as there is no residentially zoned property within 30 metres (not a road) from the review site. The use, as proposed can rely on waste collection from City Road via bins being taken through the front door of the premises if the alterations to the side door to the laneway cannot occur. We are satisfied that such an arrangement is acceptable.

1. We are satisfied that there are no unreasonable amenity impacts arising from the proposed use that would lead us to refusing the planning proposal or to reduce or restrict the hours of operation from that set out in the application material.

1. While the land is in IN1Z, it is common ground that there are very few, if any, traditional industrial uses occurring in the area bounded by City Road, York Street and Ferrars Street. It is also common ground that this is acknowledged in the council's adopted South Melbourne Structure Plan ('SMSP').
2. As the applicant acknowledges, there is policy support in the scheme to protect this triangular area as part of an industrial / employment precinct and that the council is proposing to strengthen this through the implementation of the SMSP; with the area proposed to be rezoned to Commercial 2 Zone ('C2Z') as part of proposed Amendment C219port. The council has resolved to exhibit this amendment to implement the SMSP, but it has yet to receive authorisation to exhibit the amendment from the Department of Transport and Planning. Even if it had received authorisation, the amendment is still in its early stages and not one we find can be described as a 'seriously entertained' planning scheme amendment in context of section 84B of the Planning and Environment Act 1987 (Vic).
3. It is, however, relevant for us to consider the SMSP as an adopted policy of the council. Consistent with the SMSP, that identifies the land as suitable for a change to C2Z, we concur with the comments of the council that this change in zone would have no meaningful impact on the consideration of the proposed use, as the C2Z does not allow residential uses.
4. The applicant advised that they seek to oppose the change in zone to C2Z through Amendment C219port. They submit that the triangle of land between York Street, Ferrars Street and City Road should move to a Mixed Use Zone. We make no comment on the merits of the preference of the applicant, other than to note that it is not consistent with the adopted SMSP that we do need to have regard to.
5. The applicant submits that we should limit the life of the permit to a specific number of years. They submit this would have the advantage of allowing the use to operate and 'give the opportunity time to revisit the approval when the SMSP is implemented once the amendment has been through a panel process'. We have not been persuaded by the applicant on this approach. We find no valid planning basis to undertake such a step. We find it is inappropriate to restrict or limit the proposal before us on the basis of the preferred position of the applicant, or that the use may in some way limit the capacity for the land to convert to a Mixed Use Zone in the future.
6. We must apply the scheme as it stands having regard to relevant policy. The proposed use is permitted by the IN1Z in which it currently sits and is not contrary to the planning scheme provisions applying to the land or the adopted SMSP. There is no seriously entertained planning scheme amendment before us that would prohibit the proposed use. We also note that even if the land was changed to a Mixed Use Zone at some time in the future, it would not prohibit the proposed use, based on the current provisions of the Mixed Use Zone.
7. We are therefore satisfied that the proposal does not represent a planning blight. In this context we find no need to apply a permit condition that the permit be limited to a specific time period.

1. For the reasons given above, the decision of the responsible authority is varied. A permit is granted subject to conditions as we discuss below and in reasons already set out.

1. For reasons we have set out we find it appropriate to include a condition to clarify what the use of an 'adult lifestyle meeting premises' includes for the purposes of the proposal before use. We have done this by referring to the plans in the condition and use rather than referring to documents of the application material as suggested by the applicant. This is more transparent than needing to refer to other documents to interpret the planning permit.
2. We do not see any need to refer to pre-booking in the use description as suggested by the applicant. This is addressed in the draft venue management plan that is further elaborated on in the condition that requires this draft to be updated.
3. As set out above, we have concluded and find no practical need to reduce the proposed number of patrons; or limit the number of days that the use may operate as sought by the applicant.
4. We have retained the condition to address staff numbers but corrected what the council advised as an error in referring to a 'maximum' of six staff in evening periods, when it should have read 'minimum'. We have also amended condition 22, that requires crowd controllers to be on-site, to include 'except with the written consent of the responsible authority'. We are mindful that a liquor licence may require a different number than that set out in the permit and that daytime use may not require crowd controllers. This is a matter outside the ambit of this Tribunal.
5. We have amended some other draft conditions proposed in the NOD, such as the Noise and Amenity Action Plan to each include a requirement that the plan be enforced. Rather, we have applied a general condition, consistent with current guidelines of the Department of Transport and Planning for writing permit conditions. This general condition requires:

At all times what the permit allows must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the responsible authority.

1. We have not made changes to the waste management plan as sought by the applicant. We see no need to do so and note that it is a matter for the council to be satisfied that waste collection can occur in an orderly and proper manner.
2. We have also not limited the life of the permit to a specific period. We find no planning reason to do so for reasons we have set out above. Nor do we see any need to limit the use to this specific operator / owner of the land. We are satisfied the venue management plan and noise and amenity plan both provide sufficient protection for amenity. We find these are a more transparent and continuous way to address amenity, rather than taking the additional and unnecessary step of tying the permit to a specific operator.

1. The use allowed by this permit for an adult meeting lifestyle place venue, and as described on endorsed plans forming part of this permit is limited to:

(a) Sexual activities engaged in by two or more people required to pay an admission fee or charge to enter the premises on the same terms and who do not receive any form of payment or reward, whether directly or indirectly, for engaging in the sexual activities,

1. Before the use starts, amended plans to the satisfaction of the Responsible Authority must be submitted to and approved by the Responsible Authority. When approved, the plans will be endorsed and will then form part of the permit. The plans must be drawn to scale with dimensions. The plans must be generally in accordance with plans identified as A0.1, A0.2, A0.3, A1.1, A1.2, A1.3, A2.1 & A2.2, Revision No. TP05, VCAT Amendment Plans, dated 17.02.2025, and prepared by BQ Architects but modified to show:

(a) A red line plan denoting areas where the sale and consumption of liquor will occur.

(b) Seating for a minimum of 100 patrons.

(c) Designated internal queuing area in the reception / foyer area for a minimum of 20 patrons.

(d) Acoustically treated doors between the ground floor reception / foyer area and the main bar / entertainment area.

(e) Location of waste and recycling storage inside the building.

(f) A Public Works and Implementation Plan to reallocate two 1P car parking spaces in front of the site to two short-stay car parking spaces (ie. P-10 Mins or P-15 Mins) from 6pm to 8am only remaining 1 hour from 8am-6pm.

(g) Any changes required by the Noise and Amenity Management Plan at Condition 10 of this permit.

(h) Any changes required by the Venue and Patron Management Plan at Condition 23 of this permit.

(i) Any changes required by the Waste Management Plan at Condition 29 of this permit.

1. The layout and description of the use must not be altered from the layout on the approved and endorsed plans without the prior written consent of the Responsible Authority. This includes that no habitation or public access is to be provided to the mezzanine level.

Compliance with documents approved under this permit

1. At all times what the permit allows must be carried out in accordance with the requirements of any document approved under this permit to the satisfaction of the responsible authority

1. Unless with the prior written consent of the Responsible Authority, the use must operate only between the hours of 10:00am and 2:00am the following day.

1. Unless with the prior written consent of the Responsible Authority, the sale and consumption of liquor must only occur between the following times:
   • Monday to Sunday: 10:00am to 1:00am the following day.
   • Good Friday and ANZAC Day: 12:00pm to 1:00am the following day.

Hours of Operation - Entertainment and/or live or amplified music

1. Unless with the prior written consent of the Responsible Authority, live music or entertainment must only occur between the hours 7:00pm to 12:00am.

1. Unless with the prior written consent of the Responsible Authority, the number of patrons occupying the premises must not exceed:

(a) 20 patrons between 10:00 and 5:59pm.

(b) 200 patrons between 6:00pm and 2:00am.

1. Unless with the prior written consent of the Responsible Authority, the number of staff occupying the premises must not be:

(a) Less than 2 between 10:00am and 5:59pm.

(b) Less than 6 between 6:00pm and 2:00am.

1. Before the use starts, a Noise and Amenity Action Plan must be approved and endorsed by the Responsible Authority. The noise and amenity plan must:

(a) Be prepared to the satisfaction of the Responsible Authority.

(b) Be submitted to the Responsible Authority in electronic form.

(c) Be generally in accordance with the DDEG Acoustic Report, Project Number 201619-A Rev 1 dated 31/07/2023, but amended to include the following information:

1. The identification of all noise sources associated with the uses on site (including, but not limited to, music and entertainment noise, patrons queuing, sex on premise venue, entries and exits to the premises and waste storage areas).
2. Hours of operation for all uses on the premises.
3. The identification of noise sensitive areas including residential uses and accommodation uses in close proximity to the licensed premises.
4. Measures to be undertaken to address all noise sources identified, including on and off-site noise attenuation measures.
5. Details of staffing arrangements including numbers and working hours of all security staff.
6. Standard procedures to be undertaken by staff in the event of a complaint by a member of the public, the Victoria Police, an authorised officer of the Responsible Authority or an officer of the liquor licensing authority.
7. Location of lighting within the boundaries of the site, security lighting outside the licensed premises and any overspill of lighting.
8. Details of waste management including storage and hours of collection for general rubbish, bottles and recycling, and delivery times associated with the licensed premises.
9. Details of any measures to work with neighbours or other residents in the immediate area to address complaints and general operational issues.
10. Any other measures to be undertaken to ensure minimal impacts from uses on the premises.

The Responsible Authority may consent in writing to vary any of these details.

1. Before the use starts, all acoustic measures required by the Noise and Amenity Action Plan must be implemented to the satisfaction of the Responsible Authority.

1. At all times noise emanating from the land must comply with the requirements of the Environment Protection Regulations 2021 (as amended from time to time) and measured in accordance with the Noise Protocol to the satisfaction of the Responsible Authority.
2. Noise Protocol means Publication 1826.4: Noise limit and assessment protocol for the control of noise from commercial, industrial and trade premises and entertainment venues, published by the Environment Protection Authority on its website, as in force from time to time.
3. Any works required to ensure and maintain the noise levels from the venue are compliant with the regulations must be limited to internal works and completed prior to the commencement of the use or occupation of the building and maintained thereafter, to the satisfaction of the Responsible Authority.

Doors to remain closed and fitted with automatic closers

1. The entry/exit door is to be fitted with an operating automatic closer. No doors are to be left open during operation hours to the satisfaction of the Responsible Authority.
2. Staff must be present at the entry/ exit door when the approved use is in operation between 6:00pm and 2:00am the next day. Staff must actively manage pass out requests to limit the number of patrons occupying the footpath and / or adjoining laneway.

1. Before the use starts the Responsible Authority requires noise vibration testing to be carried out. This must be undertaken by a suitably qualified acoustic consultant to confirm that the use complies with the noise and vibration requirements stated in Condition 10 of this permit. Where non-compliance is measured, rectification works shall be carried out and re-tested prior to commencement of the use, until compliance is demonstrated to the satisfaction of the Responsible Authority. A report shall be provided by the consultant to the Responsible Authority for endorsement, confirming that any testing carried out was representative of all impact sources of noise and vibration.

Post commencement acoustic compliance testing

1. At the end of a period of three months from the commencement of the approved use, and post commencement acoustic report must be prepared by a suitably qualified acoustic engineer and provided to the satisfaction of the Responsible Authority. The report is to assess the use of the venue as shown on the endorsed plans and must include:

(a) The time and date during which noise levels are measured.

(b) The number of patrons present at the time which the noise levels are measured.

(c) Measurements of the noise levels at the nearest residential building.

(d) Conclusions and recommendations concerning compliance with the relevant State Environmental Protection Policies as they relate to noise emissions.

(e) A statement confirming that the noise assessment is representative of typical operations.

(f) A statement confirming that all acoustic measures have been implemented in accordance with the endorsed acoustic report and/or plans.

(g) Prior to the continuation of the use of the venue, all noise and vibration issues identified in the acoustic report must be addressed by the operator to the satisfaction of the Responsible Authority.

1. At any time the Responsible Authority may request the occupier/owner of the land carry out noise and vibration testing. If requested this must be undertaken by a suitably qualified acoustic consultant to confirm that the use complies with the noise and vibration requirements stated in Conditions 10 and 17 of this permit. Where non-compliance is measured, rectification works shall be carried out and re-tested prior to commencement of the use, until compliance is demonstrated to the satisfaction of the Responsible Authority. A report shall be provided by the consultant to the Responsible Authority for endorsement, confirming that any testing carried out was representative of all impact sources of noise and vibrations from within the venue.

1. Amplified music (including background music) is not permitted to be played other than through a Limiting Device installed and operating to ensure compliance with the Environmental Protection Regulations 2021 and EPA Publication 1826 (Noise Protocol) to the satisfaction of the Responsible Authority.

Noise-limiter installation/certification/inspection

1. Prior to commencement of the use, a suitably qualified acoustic consultant must install and calibrate a Limiting Device ('the Device') and confirm that it is operating and has all the following characteristics which are also operating:

(a) The Device limits noise levels to ensure compliance with the music noise limits according to the EPA Noise Protocol.

(b) The Device includes a microphone incorporated into its own tamper-proof enclosure.

(c) The Device controls are in a locked case or is password protected so that is not accessible by personnel other than a qualified acoustic consultant or technician nominated by the permit holder of the land and notified to the Responsible Authority.

(d) The Device is installed to control all amplification equipment and associated loudspeakers.

(e) The Device monitors noise levels at octave band frequencies between 63Hz and 4kHz or C-weighting.

(f) The Device must be able to automatically store for a minimum of 30 days records of logged noise levels in 15-minute intervals.

(g) The Device must be re-calibrated as necessary to maintain Noise Protocol compliance, and when any changes are made to the Device sensor position or the venue changes operating conditions, building works, sound system configuration or anything else that may necessitate re-calibration of the Device.

(h) A written statement and plan prepared by the suitably qualified acoustic consultant must be submitted to and endorsed by the Responsible Authority. The statement must confirm the installation and calibration of the Device in accordance with the above requirements. The plan of the premises must show the location of the Device, the tamper proof enclosure and the microphone to the satisfaction of the Responsible Authority.

(i) Upon request, the Device, the tamper proof enclosure and microphone must be made available for inspection by the Responsible Authority.

(j) Upon request, records of logged noise by the Device must be produced to the satisfaction of the Responsible Authority.

1. No external sound amplification equipment, loudspeakers or public address system are to be used for the purpose of announcement, broadcast, playing of music or similar purpose to the satisfaction of the Responsible Authority.

1. Before the use or sale and consumption of liquor starts, a Venue and Patron Management Plan must be approved and endorsed by the responsible authority. The Venue and Patron Management Plan must:

(a) Be prepared to the satisfaction of the Responsible Authority.

(b) Be submitted to the Responsible Authority in electronic form.

(c) Include the following details:

1. "Venue rules" to set a clear standard of behaviour for patrons attending the premises.
2. Details of the venue booking system and how staff will manage patrons who attend the venue without pre-booked tickets.
3. Details of how the venue will inform patrons of travel options to the venue including nearest public transport options, drop-off and collection points for taxi / car ride services, recommended areas for parking and recommendations not to park on residential streets.
4. Staffing and other measures which are designed to ensure the orderly arrival and departure of patrons in accordance with the Crowd Controllers requirement at Condition 24 of this permit.
5. The measures to be taken by management and staff to ensure that patrons queue to enter the premises in an orderly manner including queuing within the foyer / reception area and maintain satisfactory clearance for other pedestrians on the footpath.
6. Details of measures, including the use of CCTV, to be taken by management and staff to ensure that patrons do not loiter or cause nuisance in the adjoining laneway.
7. The keeping of a register recording the number of patrons on the premises during operating hours.
8. The training of staff in the management of patron behaviour.
9. The measures to be taken by management and staff to ensure patrons depart the premises and the surrounding area in an orderly manner.
10. Signage to be used to encourage responsible off-site patron behaviour.
11. How staff will be made aware of minimising noise from the premises, particularly during the sensitive early morning hours.
12. Staff communication arrangements.
13. Compliant handling process to effectively manage any complaints received. This must include a telephone number provided for residents to contact the premises and linked to the Complaints Register. The Complaints Register to be kept at the premises which records details of the complaint received, any action taken and the response provided to the complainant.
14. Details of waste management, including the location of the storage area and hours of collection for rubbish and bottles associated with the licensed premises. This must comply with Council's local laws.

The Responsible Authority may consent in writing to vary any of these details.

1. Except with the written consent of the Responsible Authority, during operating hours the Licensee must ensure that registered crowd controllers licensed under the Private Agents Act 1966 (Vic) are employed at a ratio of two crowd controllers for the first 100 patrons and one crowd controller for each additional 100 patrons or part thereof.

One crowd controller is to be present outside the premises to monitor patrons arriving and departing the premises. Crowd controllers are to be present from 30 minutes before the start of live entertainment being provided and 30 minutes after closure.

1. Before the use starts, signs must be erected near the entrance/exit and in the toilets requesting that patrons leave the building in a quiet and orderly manner so as not to disturb the peace and quiet of the neighbourhood to the satisfaction of the Responsible Authority.

1. All lighting of external areas must be suitably baffled so as not to cause nuisance or annoyance to nearby residential properties to the satisfaction of the Responsible Authority.

1. Before the use commences, the works shown on the Public Works and Implement Plan to reassign car parking in front of the site must be delivered at the applicant's cost and to the satisfaction of the Responsible Authority.

1. Provision must be made for the storage and disposal of waste and recycled goods to the satisfaction of the Responsible Authority. All waste and recycling storage areas must be located within the building.
2. Before the use starts, a Waste Management Plan based on the City of Port Phillip's Waste Management Plan Guidelines for Developments must be prepared by a Waste Management Engineer or Waste Management Planner to the satisfaction of the Responsible Authority and endorsed as part of this permit. The Plan must include reference to the following:

(a) Land use type.

(b) The estimated garbage and recycling volumes for the use including the provision of clinical waste per Environment Protection (Industrial Waste Resource) Regulations 2009, IWRG612.1 or relevant Regulation.

(c) Glass not eligible for Container Deposit Schemes.

(d) Bin quantity, size and colour.

(e) The garbage and recycling equipment to be used.

(f) Operational management of the storage, transport, treatment and disposal of clinical and related wastes in Victoria.

(g) Collection frequency accounting for full operational capacity.

(h) The location and space allocated to the garbage and recycling bin storage area internal to the building and collection point.

(i) The waste services collection point for vehicles.

(j) Waste collection provider.

(k) Scaled waste management drawings including waste and recycling collection vehicles.

(l) Signage.

1. The amenity of the area must not be detrimentally affected by the use through the:

(a) Transport of materials, goods or commodities to or from the land.

(b) Appearance of any building, works or materials.

(c) Emission of noise, artificial light, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil.

1. This permit will expire if one of the following circumstances applies:

(a) The use is not started within two years of the date of this permit.

(b) The use is discontinued for a period of two years.

The Responsible Authority may extend the periods referred to if a request is made in writing:

• Before or within 6 months after the permit expiry date, where the use or development allowed by the permit has not yet started.
• Within 12 months after the permit expiry date, where the development allowed by the permit has lawfully started before the permit expiry.

[1] The submissions and evidence of the parties, any supporting exhibits given at the hearing and the statements of grounds filed have all been considered in the determination of the proceeding. In accordance with the practice of the Tribunal, not all of this material will be cited or referred to in these reasons.

[2] The NOD also includes permission to sell and consume liquor on the premises.

[3] Noting this is specifically described as a use that is not part of a Sex Premises use, as defined in clause 73.01 of the scheme.

[4] Such as social media clips, similar to many modern day music or entertainment venues may produce.

[6] Planning application report - 30 October 2023, section 1.4.

[7] This was in response to submissions from the applicant that the acoustic assessment material provided by the respondent had not included or considered the building at 506 City Road as a sensitive land use.

[8] The applicant's advocate also read a written submission from Angus Wallace in support of this proposition.

[9] (Includes Summary) (Red Dot), [2013] VCAT 725.