NB: Meeting re Penny Black is tomorrow (Tuesday) evening ... see below.

The debate over noise, bands and booze is growing in Brunswick. This reflects the clash arising from increasing housing density in urban entertainment areas and the implementation of neoliberal principles around the deregulation of alcohol sales. It’s inevitable that there will be tensions, with more residential apartment towers built near to existing pubs, clubs and live music venues in the CBD and inner city. 
 
Before leaving Cabinet, Brunswick MP Jane Garrett was Minister for Consumer Affairs, Gaming and Liquor Regulation. Garrett argued: “The Victorian Government is committed to ensuring that our live music industry prospers, maintains its well-deserved reputation and continues to be an inspiring and safe place for musicians and patrons alike.”
 
In our neighbourhood, some licenced venues are seeking to extent their liquor licences later and later, to capture profit from Brunswick’s reputation as a place for food, music and a great night out. Meanwhile, as venues encroach into the residential hinterland off Sydney Road and Lygon Street, more residents are complaining about noise from late night drunks, as well as piss and vomit on their doorsteps.
 
Agent of Change
 
In recent years, the music, hotels and liquor industries and state regulators have developed the concept of ‘Agent of Change.’ (The same debate is occurring in Londonand in other major cities which are intermingling entertainment and residential apartments).
 
UK – ‘Agent of change’ bill debate: 
Legal landscape: Don't stop the music
 
The Victorian Government implemented an Agent of Change provision into state planning law in September 2014. In order to obtain planning approval, responsibility for noise attenuation measures now rests with the ‘agent of change.’ In practical terms, this means that if a live music venue seeks to expand, they will be responsible for attenuating any noise effects that are caused by that change. Similarly, a new residential planning proposal close to a live music venue should be responsible for noise attenuation, through better (and more expensive) soundproofing, double glazing etc of apartments. 
 
The bottom line is: who should bear the costs? At present, local residents often bear the cost, as industry dodges responsibility for action. Venue owners have a responsibility for drunken patrons who leave their premises, which is often ignored. The patrons themselves obviously have a responsibility for the community that hosts them, but good luck enforcing that.

Music Victoria and the liquor industry have a sophisticated lobbying campaign and ten point plan to promote live music (and protect their businesses): 
Victorian Live Music 10 Point Plan
 
Local government and state regulators should enforce the law on acoustics, noise, alcohol service etc, but don’t have the necessary resources and are often reluctant to take on the liquor and hotels industry. Councils should also have a role in liquor licensing as they assess planning permit applications, which are a pre-requisite for applications for permanent liquor licences (applicants are required to seek the prior support of the relevant local council before lodging their application with the State Government). 
 
How does this play out for residents as well as patrons at venues in Brunswick? The issue has been highlighted with recent planning permit applications by the owners of the Penny Black in Sydney Road, and plans for an apartment tower next to Howler.
 
Penny Black
 
The Penny Black is a live music venue and beer garden at 420 Sydney Road, Brunswick. In 2014, the owners of Penny Black applied to extend their licence to 3am, but their application failed at VCAT the following year. Now Penny Black is trying again to extend its licence from 1am to 2am.
 
Many nearby residents feel that little has improved since the debate in 2014-15. One resident living near the venue has written to Council about the loss of amenity: “Noise is not the only problem created from this venue. The patrons when leaving Penny Black are still unruly and aggressive, and the surrounding streets are still littered with broken bottles, cans of alcohol, and vomit. If you walk through the back streets a block east from Sydney Road going north, you will notice a distinct lack of this kind of rubbish. It is the patrons from the alcohol serving venues in the area south of Victoria Street where the rubbish, vomit and damage to private and council property begins.”
 
“The noise does not stop at closing time. Afterwards there is a migration of intoxicated people leaving the premises. They are often loud, unruly, urinate publicly, vomit on the street and in shop doorways and break bottles, leaving broken glass and empty bottles and cans littering the streets. It is frightening to hear drunken arguments and yelling in the streets close to where I live after closing time.”
 
There is some evidence that Penny Black is already breaching noise levels set out in state legislation – the State Environment Protection Policy (Control of Music Noise from Public Premises) No. N-2, which sets noise limit requirements for entertainment venues.
 
Last February, acoustic consultant Frank Butera conducted an assessment of noise in the neighbourhood in relation to a proposal for the ‘Brunswick Yard’, a proposed Food Truck Park on a site adjacent to Penny Black at 1 Frith Street, Brunswick (discussed in our June 2017 newsletter).
 
Mr Butera concluded: “Music noise from various venues along Sydney Road was identified and clearly audible while conducting attended noise measurements on 11 February 2018. Music noise levels from existing venues currently exceed the SEPP N-2 criteria at the nearest affected residential properties” (Expert statement 5.1.4, emphasis added).
 
In this case, under ‘Agent for Change’ principles, the company seeking to extend its liquor licence must show that it will not affect the amenity of neighbouring properties. Good luck with that!
 
Moreland Council has convened a meeting to discuss the application by the Penny Black to extend its licensed hours from 1am to 2am “to provide a forum for applicants, objectors or supporters, and council officers to clarify issues and be better informed of each party's views prior to an assessment being made on the proposal”.

The meeting will be held at Moreland Civic Centre, 90 Bell St, from 5-6pm on Tuesday 19 June. Entry is via Urquhart St. 
 
Howler and new apartments
 
Howler is a bar and live music venue at 7-11 Dawson Street (behind the car park opposite the Brunswick City Baths). Directly behind the stage wall of Howler’s band room. Property developers ‘Brunswick Holdings’ have proposed an eight-storey apartment tower at 8–14 Michael Street. Designed by SJB Architects, this complex would include 74 residences (33 single, 38 double and 3 triple bedroom apartments, with some apartments as small as 50 square metres).
 
There were 426 written objections submitted against the proposed development. Council planning staff recommended approval of the project, but Councillors decided to reject the application. 
 
The application will now be thrashed out in VCAT, but this is a clear example of the Agent of Change concept. The developers seeking to create a new residential property near to an existing bar and music venue should bear responsibility for the design, access and soundproofing of their construction, and notification to potential apartment buyers about the neighbouring venues.

Opinion pieces

What you can do about noise
 
For residents affected by noise and loss of amenity, or developers planning to expand operations, there are a number of useful places to start: 

For more on noise from Moreland Council see:

http://www.moreland.vic.gov.au/health-safety-and-wellbeing/public-environmental-health-services/what-noise-reasonable.html