Pacific Islands Express Pty Ltd v Hawkesbury City Council

Pacific Islands Express Pty Ltd v Hawkesbury City Council - [2009] NSWLEC 1321 - NSWLEC 2009 case summary — Zoe

[5]

The Management Plan annexed and Annexure B shall be complied with at all relevant times. 33. Noise emitted from the licensed premise shall comply with the standard noise conditions issued by the OLGR. a Noise from the Licensed Premises i The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence. ii The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) by more than 5dB between midnight and 07.00am at the boundary of any affected residence. iii Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am. For the purposes of this condition, the LA10 can be taken as the average maximum deflection of the noise emission from the licensed premises. b Noise from mechanical plant installed on the Premises ii The LAea noise level emitted from mechanical plant installed and operated on the Premises shall not exceed the background noise level by more than 5 dB when assessed at any point on a residential property. In accordance with assessment procedures recommended in the DECC, INP modifying factor corrections shall be applied to the source noise to account for tonality, intermittency, etc. c All speakers shall be removed from the front (Richmond Road frontage) of the Premises. d No entertainment shall be provided in the courtyard at any time. e Access to the rear courtyard when entertainment is provided inside the premises shall be via the rear sound lock door arrangement only. f The sound lock servicing the courtyard shall be reconfigured such that one door is closed at all times. g All amplified sound equipment installed on the premises shall be installed and operated with sound limiting controllers. h Access and egress for the Premise between 10.00pm and midnight shall be restricted to the rear door and front door. i Access and egress for the Premise after midnight shall be restricted to the rear door only. j Patrons waiting for transport shall not congregate outside the Premises after 10.00pm. k No patrons shall be permitted to consume beverages provided at the Premises outside the licensed area. l The fire doors servicing the Premises shall be acoustically upgraded or replaced with a sound lock. m The fire door shall be fitted with an automatic switch installed to shut off power to the bar lighting if the doors are opened after 10.00pm or when any amplified music is provided within the Premises. n Prior to occupation of the Premise for the extended hours of trading an acoustic audit shall be undertaken by a suitably qualified person (approved by Council) to certify that all noise mitigation recommendations have been implemented and effective. A report shall be submitted to Council for approval prior to extending trading hours. o During the first two weeks of trading an acoustic audit shall be undertaken by a suitably qualified person (approved by Council) to certify that all noise mitigation recommendations are operating effectively and the level of noise emitted from the Premises satisfies the approval noise conditions. A report shall be submitted to Council to present the findings. p Within six (6) months of trading a second acoustic audit shall be undertaken by a suitably qualified person (approved by Council) to certify that all noise mitigation recommendations are operating effectively and the level of noise emitted from the Premises satisfies the approval noise conditions. A report shall be submitted to Council to present the findings.

[18]

The Management Plan annexed and Annexure B shall be complied with at all relevant times. 15. Noise emitted from the licensed premise shall comply with the standard noise conditions issued by the OLGR. a Noise from the Licensed Premises i The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) by more than 5dB between 07.00am and 12.00 midnight at the boundary of any affected residence. ii The LA10 noise level emitted from the licensed premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz - 8kHz inclusive) by more than 5dB between midnight and 07.00am at the boundary of any affected residence. iii Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00am. For the purposes of this condition, the LA10 can be taken as the average maximum deflection of the noise emission from the licensed premises. b Noise from mechanical plant installed on the Premises iii The LAea noise level emitted from mechanical plant installed and operated on the Premises shall not exceed the background noise level by more than 5 dB when assessed at any point on a residential property. In accordance with assessment procedures recommended in the DECC, INP modifying factor corrections shall be applied to the source noise to account for tonality, intermittency, etc. c All speakers shall be removed from the front (Richmond Road frontage) of the Premises. d No entertainment shall be provided in the courtyard at any time. e Access to the rear courtyard when entertainment is provided inside the premises shall be via the rear sound lock door arrangement only. f The sound lock servicing the courtyard shall be reconfigured such that one door is closed at all times. g All amplified sound equipment installed on the premises shall be installed and operated with sound limiting controllers. h Access and egress for the Premise between 10.00pm and midnight shall be restricted to the rear door and front door. i Access and egress for the Premise after midnight shall be restricted to the rear door only. j Patrons waiting for transport shall not congregate outside the Premises after 10.00pm. k No patrons shall be permitted to consume beverages provided at the Premises outside the licensed area. l The fire doors servicing the Premises shall be acoustically upgraded or replaced with a sound lock. m The fire door shall be fitted with an automatic switch installed to shut off power to the bar lighting if the doors are opened after 10.00pm or when any amplified music is provided within the Premises. n Prior to occupation of the Premise for the extended hours of trading an acoustic audit shall be undertaken by a suitably qualified person (approved by Council) to certify that all noise mitigation recommendations have been implemented and effective. A report shall be submitted to Council for approval prior to extending trading hours. o During the first two weeks of trading an acoustic audit shall be undertaken by a suitably qualified person (approved by Council) to certify that all noise mitigation recommendations are operating effectively and the level of noise emitted from the Premises satisfies the approval noise conditions. A report shall be submitted to Council to present the findings. p Within six (6) months of trading a second acoustic audit shall be undertaken by a suitably qualified person (approved by Council) to certify that all noise mitigation recommendations are operating effectively and the level of noise emitted from the Premises satisfies the approval noise conditions. A report shall be submitted to Council to present the findings.

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Judgment (115 paragraphs)

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Cases Cited (4)