ALMBC Submission – Victorian Live Music Noise EPA Review

The Victorian Government Environmental Protectional Authority (EPA) has invited submissions to their live music precinct noise regulation review. The ALMBC has prepared a response for your feedback.

Simply – we are saying that the current overly complex processes and awkwardly framed review from one arm of government, is the perfect opportunity to initiate a whole of government response.

The ALMBC has liaised closely with EPA senior staff and Music Victoria following the review publication, noting that we have some major concerns regarding the scope, framing, and design of the current review and associated surveys.

Our intention in raising these points is to support the development of a process that is balanced, well‑informed, and capable of producing outcomes that deliver long‑term cultural, economic, and community benefits, bring the best national experience, to support Music Vic, their members and all our live music business members in Victoria.

Key Concerns

• The surveys provide limited contextual information to help respondents understand the broader landscape of live music activity. For example, there is little reference to existing Live Music Precincts, how they currently operate, or how similar models function successfully in other jurisdictions.
• In the residents’ survey, live music is predominantly framed through the lens of “noise,” with questions structured in a way that may prioritise complaint‑based responses. This framing risks overlooking the broader cultural and community value of live music.
• The surveys do not include commentary or questions addressing the significant economic contribution of live music, including its role in supporting thousands of small businesses and workers across the state.
• There is currently no clear avenue for industry bodies, such as ours, to contribute input or provide sector‑level insights (THIS HAS BEEN RECTIFIED FOLLOWING OUR ADVOCACY WITH SUBMISSIONS NOW ACCEPTED BY ANY INTERESTED BODY)
• Similarly, there is limited opportunity for other key live music stakeholders, such as booking agents, promoters, publicists, record labels, and associated service providers who rely on live music venues for their livelihoods, to participate in the review process. (THIS HAS ALSO BEEN RECTIFIED FOLLOWING OUR DIRECT ADVOCACY)
• Questions relating to the use of internal noise limiters or the potential for performances to be interrupted mid‑set to meet noise thresholds raise concerns about practicality and artistic impact, as well as the general understanding of live music. These would benefit from further consultation with industry experts.
• Proposals suggesting regulatory oversight of venue sound system design and management also appear highly complex and would warrant detailed technical consultation to ensure they are workable, appropriate and cost-effective.

As currently structured, the surveys suggest an incomplete understanding of the cultural, economic, and artistic significance of live music within Victoria.

This presents a risk that the contribution of an extensive ecosystem and community of small businesses and creative professionals will not be fully recognised.

Without broader context and more inclusive stakeholder engagement, there is a concern that the surveys may not generate the depth or quality of information required to support effective long‑term outcomes.

There is also a risk that the process could unintentionally contribute to division or misunderstanding, rather than fostering constructive dialogue and shared solutions.

The ALMBC has created two responses.

1. Response to the Review

2. Statewide call for the government to use the EPA review as a catalyst for structural, whole of government reform through Special Entertainment Precincts (SEPs), incorporating Agent Of Change.

1. The Response to the Review argues the following:

• Victoria’s current live music noise regulation system is overly complex, expensive, and unclear, leaving venues uncertain of compliance until enforcement action occurs
• While the Agent of Change principle has helped manage everyday complaints, it fails to protect venues from developers, litigation, legacy permits, and high‑stakes enforcement, as illustrated by the Night Cat case
• Live music precincts in Victoria are poorly defined and weakly implemented, with only St Kilda formally recognised and no meaningful change to EPA noise limits or enforcement processes
• In contrast, NSW and Queensland’s Special Entertainment Precincts provide clear statutory sound rules, planning certainty, and consistent enforcement that enable live music and residential amenity to coexist
• Much conflict arises from poor building design, inadequate sound insulation, and regulatory fragmentation, with venues unfairly carrying the burden of these systemic failures
• The paper calls for statewide adoption of Special Entertainment Precincts, simpler and venue‑operated noise measurement, developer responsibility for sound attenuation, targeted funding and training, and structural reform rather than incremental tweaks.

2. The Whole of Government brief argues that:

• Victoria’s live music venues remain structurally vulnerable due to fragmented planning, noise, and enforcement systems, as highlighted by disputes involving The Night Cat, The Tote, and others
• While the Victorian EPA Live Music Precinct Noise Regulation Review is welcomed, the ALMBC warns its narrow framing, survey design, and lack of economic context risk limiting meaningful reform.
• Core problems including complex noise regulations, complaint‑driven enforcement, poorly designed mixed‑use developments, and the failure of Agent of Change to protect venues in practice will not be positively impacted by this review
• Victoria’s approach is poorly developed and delivered, compared to NSW’s Special Entertainment Precinct (SEP) model, which aligns planning, noise, development, and enforcement to provide certainty for residents, venues, and government.
• SEPs would have prevented costly disputes, venue closures, and reliance on community fundraising by embedding live music as a priority land use
• utilising the EPA review to enable statutory SEPs, align regulatory frameworks, retain Agent of Change as a supporting measure, broaden consultation, and establish a coordinated complaints system to deliver lasting, whole‑of‑government reform.

The ALMBC has liaised closely with Music Victoria, over a number of years, regarding the above and forwarded a draft of these responses on 23 March.

We have continued to liaise closely with a large number of Victorian organisations, businesses and individuals over the recent weeks.

We will continue to liaise closely with all parties and as always, we are very open to hearing new opinions.