Guidelines for Dance Parties - Division of Local Government - NSW ...

New South Wales GovernmentGuidelinesforDance partiesApril 1998

Guidelines for Dance PartiesContentsIntroduction 3PART ONE: PLANNING FOR A DANCE PARTYSection1. Talking to Local Council 52. Talking to Other Government Agencies 73. Organising Tickets, Transport, Consultation, Water, etc 114. Organising Security 155. Organising First Aid 206. Cleaning Up After the Dance Party 227. Under 18s (Alcohol Free) Dance Parties 248. Mixed Age (Alcohol Restricted) Dance Parties 25PART TWO: GETTING APPROVAL FOR A DANCE PARTYSection9. Council Approvals for Dance Parties 2610. Building Requirements 3011. Legal Issues with Dance Parties 3512. Organising a Dance Party - Summary Flow Chart 401

Guidelines for Dance PartiesIntroductionThe Aim of the GuidelinesThese Guidelines were developed by the NSW Government in response to concerns about thesafety of patrons attending dance parties. They provide detailed information for promoters onhow to conduct safe and successful dance parties and explain how the broad principles setout in the ‘NSW Code of Practice for Dance Parties’ can be met. The Guidelines are alsoavailable on the Department of Local Government homepage - http:\\www.dlg.nsw.gov.auWhile many dance party promoters provide safe and legal events, a number of safety problemshave arisen at dance parties in the past. Illegal dance parties have been held without properarrangements having been made for the safety of patrons. For example, buildings have beenchosen as venues which are fire hazards or in danger of collapse, or emergency services(ambulance, fire brigade, police) have not been advised of the existence and location of theparty. This makes it difficult for these services to get help quickly to patrons in situations suchas fire, violence or drug overdoses. Organisers of illegal dance parties are also often notsufficiently prepared. They may have no emergency evacuation plans, no first aid stations andan insufficient water supply. Arrangements may not have been made to ensure neighbours arenot annoyed by the event and patrons may be put at risk because of a lack of safe transport toand from the venue.The aim of these Guidelines is to support and encourage dance party promoters to holdprofessionally organised, legal and hassle free dance parties in suitable locations which aresafe for patrons and do not disturb neighbouring properties. Patrons will then be able to enjoya contemporary and legitimate form of entertainment without the dangers and negative imagethat have been associated with dance parties in the past. By providing quality entertainment ina responsible manner, the dance party industry will be able to better attract and satisfy patronsand gain the confidence of their parents and the wider community.Encouraging Good PracticeThe Guidelines include:(a)(b)(c)good practice standards which promoters are recommended to followoptions which promoters can consider adoptingan outline of the major legal requirements which dance parties must meet.Good practices are generally identified by the word ‘recommended’ or ‘promoters should’,options are identified by words such as ‘option’ or ‘promoters could consider’, and legalrequirements are identified by the word ‘must’ or required by a certain Act. The term ‘promoters’is used to refer to all people who plan, set up or manage dance parties.2

Guidelines for Dance PartiesThe Guidelines also aim to help promoters work with local Councils to identify suitable venuesfor dance parties, and then get the approvals and consents needed under the EnvironmentalPlanning and Assessment Act and the Local Government Act to hold the dance party.Dance parties are held in a range of different venues and vary in patron numbers and the typeof entertainment offered. Whether individual promoters will need to comply with various laws,or voluntarily adopt the recommendations and options in these Guidelines, and the extent towhich they will need to do this, will depend on the individual nature of the particular event.Dance PartiesIn the Guidelines the term ‘dance party’ has been used to include a wide variety of parties,including ‘rave’ parties and events designed for people under 18 years of age. Dance partiesare legitimate forms of entertainment, but must be run professionally and safely. Theseguidelines apply to public entertainment which is viewed as a youth cultural event celebratingdance and music.Dance parties usually involve:◆◆◆◆an indoor or outdoor venue with an open space suitable for dancingthe performance of electronic music, usually with disc jockeysrelatively large numbers of mostly young patronsa charge for admission.Duty of CareDance party promoters have a moral and legal obligation to act reasonably. This includesplanning ahead to avoid risks that could be reasonably expected to occur and ensuring thehealth and safety of patrons and workers at dance parties. As part of this duty of care,dance party promoters must encourage risk reduction amongst dance party patrons byhaving, for example, responsible alcohol serving practices and adequate water available toavoid dehydration.DisclaimerWhile all attempts have been made to ensure that these Guidelines are up to date and accurateat the time of publication, State and Council laws and requirements change from time to time.Also the Guidelines only highlight the major requirements. Before deciding on a course ofaction, promoters must always check with the relevant Government agency or local Councilabout the detailed requirements to be followed. These Guidelines are designed to assistdance party promoters but no responsibility will be accepted for decisions made on the basisof this document.3

Guidelines for Dance PartiesAcknowledgmentsThese Guidelines have been prepared with the assistance of the Ministry for Police, the NSWPolice Service, the Department of Urban Affairs and Planning, the Department of LocalGovernment, the Department of Gaming and Racing, the Health Department, The CabinetOffice, the Centre for Education and Information on Drugs and Alcohol, WorkCover NSW andthe NSW Bus and Coach Association. The Dance Party Guidelines for Western Australia andSouth Australia were also of assistance. Helpful public comments on an earlier draft werereceived from numerous people, including local Councils, dance party promoters and patrons.The Guidelines have been designed to be consistent with the National Protocols for ConductingSafer Dance Parties. They include material from:◆◆◆◆the earlier draft ‘Guidelines for Dance Parties’ jointly prepared by the Department of UrbanAffairs and Planning and the Department of Local Government;10 Hints on How to Make Your Under 18s Function a Success’ prepared by the NSWCommittee on Underage Drinking and funded by the Department of Gamingand Racing;‘Venue Information Guide’, prepared by the Centre for Education and Information on Drugsand Alcohol .‘Major and Special Events: A Guide for Promoters and Councils’, prepared by theDepartment of Local Government, the Environment Protection Authority, NSW PoliceService and the Department of Urban Affairs and Planning.For detailed advice on major or special events that attract large numbers of patrons, such asopen air events, see ‘Major and Special Events: A Guide for Promoters and Councils’. Contactthe Department of Local Government, your Local Council, or see the internet onwww.dlg.nsw.gov.au for more details.4

Guidelines for Dance PartiesPART ONE: PLANNING FOR A DANCE PARTY1. TALKING TO LOCAL COUNCILCHOOSING THE LOCATIONThe ideal locationThe ideal location for a dance party is one removed from residential areas, preferably withpublic transport access and easy access for emergency services vehicles. The venue needsto be safe for patrons, but be somewhere where parking and noise will have a limited effect onsurrounding areas.Local CouncilIt is recommended that promoters planning a dance party start by talking to the local Councilresponsible for the area where they want to hold the party. You need to find out what planningcontrols apply to the location you want to use for the party and whether these planning controlspermit dance parties, with or without Council consent, or prohibit them. Council staff canprovide advice on the process of applying for the consents and approvals which may be needed.How to make an application to Local CouncilLocal Council ‘planning instruments’ such as Local Environmental Plans (LEPs) determinewhether development consent is or is not needed for a particular site or venue, or if the use isa prohibited activity in that area.Appropriate locations for dance parties may be within Council zonings such as industrial, lightindustrial, commercial and recreational. As the land uses within zones may vary, you shoulddiscuss this with the Council at a very early stage. Promoters need to consider neighbours andsurrounding land uses. This includes residents living on the route to the venue, especially in remoteareas. This is particularly important if the venue is not normally used for public entertainment.A venue that is currently used for public entertainment, such as a night club or hotel, mayalready have a development consent and an A3 Approval for the type of party being proposed.An A3 Approval allows the use of a building or temporary structure for public entertainment aslong as certain conditions are met. Check to see if current approvals and consents exist, andif they do, make sure that the party will conform to these existing conditions.If an approval does not already exist, promoters will need to get expert advice. Arrangediscussions with the Council concerned and consider whether any necessary alterationsidentified can be made to the venue/building. Please see section 10 of these guidelines formore detailed information on Council approvals.5

Guidelines for Dance Parties◆◆◆◆◆◆electrical mattersdrinking water/refreshmentssecurityfirst aidinsuranceclean up/ waste disposal provisions.It may also be useful to advise the Council whether the dance party is aimed at minors, adults,or a mixture of both.When the venue is under the management of CouncilMany halls and community centres are publicly owned and managed by Councils or managementcommittees. These premises may be suitable for public entertainment and should be consideredfor a dance party.Councils may also control public land suitable to accommodate temporary structures, suchas large tents or marquees, for a dance party. Temporary structures require an A2 and an A3Approval from Council. Negotiations with Councils will normally be on a commercial basis.Tent hire companies may also provide help.Further Information on Council Applications and BuildingRequirementsPlease see section 9 for a detailed description of the development application and consentprocess. For detailed information on building requirements for dance parties, see section 10.2. TALKING TO OTHER GOVERNMENT AGENCIESThere are a number of Government agencies which can help promoters prepare for and stage danceparties. The agencies listed below should be contacted while the dance party is being planned.EMERGENCY SERVICESPolice ServiceIt is recommended that promoters contact the Police at the Police Station closest to the proposedvenue site as early as possible in the planning process and discuss details of the party with them.Make sure this contact is made at least 60 days before the dance party is expected to start.Promoters should also notify the Police when Council has given consent to hold the danceparty by sending or faxing a photocopy of the Council approval to the local Police Station.7

Guidelines for Dance PartiesEarly discussions with the Police about the intended party helps them to plan their support services.For example:◆◆◆◆◆responding quickly to secure the safety of the promoters and patrons if unforeseen problemsor emergencies develop at the dance partyminimising community disruption, such as organising traffic to help patrons get to andfrom the dance partydiscussing crowd control and security arrangements with the promoter, security controlleror consultantagreeing on procedures for Police attendance and for security staff who may have tosearch for, seize and store drugs, hold suspects or barr known criminalsproviding a back up to the dance party’s security arrangements.All key dance party personnel should keep a copy of the local Police Station telephone numberhandy for emergencies.For large events, the State Operations Planning Unit (telephone 02 9281 0000) of the PoliceService should also be contacted during the planning stage. Please see the Department of LocalGovernment’s ‘Major and Special Events: A Guide for Promoters and Councils’ for more details.Ambulance ServicesPromoters must notify the local Office of the Ambulance Service Sector Manager 21 daysbefore the dance party. You can find their contact details under ‘Ambulance Service of NSW,Ambulance Service Administration’, in the Telstra White Pages Telephone Directory. Contactmay be made by telephone, facsimile or mail.A local District Officer will then meet with promoters to make arrangements for:◆◆◆clear passage for ambulance vehicles to gain access into the venue, including access byambulance officers to the first aid postproviding the Ambulance Services with a plan of the venue and access to it. This planshould include: (a) a map of the venue location, including any significant landmarks, thenames of the streets surrounding the venue and any road blocks due to road works or forthe event itself (b) a floor plan of the venue, including the stage area, stairs and exits, and(c) a nominated pickup point for patrons needing medical assistancethe Security Controller to make sure that any ambulance called is met on arrival andclear instructions are given about access and casualties. In the case of multiple casualties,security staff must cordon off the affected area to allow ambulance personnel free accessto treat and remove casualties.Any dance party attended by 10,000 patrons or more must have an ambulance in full time attendance,with an additional ambulance for every extra 10,000 patrons. The promoters must pay in advancefor the cost of this service. If the Ambulance Service is notified up to 14 days before the event,normal rates are charged. If less than 14 days notice is given, overtime rates are charged. Ambulancesmust be hired for a minimum of four hours. As at 1 January 1998, the minium charge is $115 for fourhours on weekdays and the maximum charge is $300 for 4 hours at overtime rates on publicholidays. The time charged includes travel to and from the event.8

Guidelines for Dance PartiesThe Health Services Functional Area Coordinator of the local Area Health Service of the NSWHealth Department must be informed 21 days before the event so that they can also planahead to arrange help if a health emergency occurs at the dance party.If there is a health emergency at the party, telephone 000.Fire BrigadeThe NSW Fire Brigade or the Rural Fire Service must be informed at least 14 days before theevent. This contact is very important for the safety of patrons if the dance party is to be heldin premises such as a warehouse, factory or temporary structure.If there is a fire emergency ring 000, not the local Fire Station.Emergency Communication with PromotersIt is recommended that promoters or agents be contactable at all times by the local Council,Police and other emergency services both before and during the event. A mobile telephone isuseful for this, but should not be the only telephone number available as reception on a mobiletelephone is not always maintained. A designated contact person should be responsible for andpresent at the event, and have the authority to order the venue to be evacuated in an emergency.The designated contact person should also have a central location where the Police or otheremergency services can physically locate the person should telephones be unsuccessful.OTHER GOVERNMENT AGENCIESDepartment of Gaming and Racing: Liquor LicenceIf promoters intend to serve liquor to patrons at the dance party it can only, by law, be servedunder certain circumstances.Promoters can either:◆ hold the dance party on premises that are already licensed, such as a nightclub, hotel orregistered club◆ apply to the Licensing Court of NSW for an On-licence (function) licence, but only if thepromoter is a non-proprietary association and the dance party is a fund raiser, or◆ make arrangements for the liquor to be supplied by a local hotelier near the proposeddance party venue. The hotelier must first get approval from the Licensing Court.For further information about an On-licence (function) licence, or about hoteliers supplyingliquor away from their licensed premises, please contact the Licensing Court of NSW - CourtRegistry, telephone (02) 9289 8894, facsimile (02) 9289 8819.Make sure you make enquiries as early as possible, at least 31 days before the event.An approval from the local Council must be held for registered clubs, hotels and licensedpremises where entertainment is provided. See Section 9 for details.9

Guidelines for Dance PartiesDepartment of Gaming and Racing: Liquor and Harm MinimisationThe Liquor Act and the Registered Clubs Act both require licensed premises to minimisethe harm connected with the misuse or abuse of liquor, such as violent and anti-socialbehaviour. Licensees must ensure that practices are put in place so that liquor is sold,supplied and served responsibly and reasonable steps are taken to prevent intoxication onthe premises.This means a licensee must not use promotions or conduct activities which encourage bingeor excessive drinking or under age drinking. Also, the licensees and staff must be trained inresponsible serving practices. This includes refusing to serve liquor to an intoxicated person,asking them to leave, and seeking Police help if the person refuses to leave.Liquor licensees and registered club managers are encouraged to check licensing issues withthe Department of Gaming and Racing before staging a dance party on their premises. Contactthe Complaints Section, Special Investigations Branch, on telephone (02) 9289 8402 for details.WorkCover: Promoter Obligations to EmployeesDance party promoters should contact their nearest WorkCover office or WorkCover InformationCentre to get advice on their legal responsibilities for the occupational health and safety ofworkers at the dance party. This includes being aware of regulations such as those coveringnoise and taking out workers compensation insurance.Promoters must, by law, take out workers compensation insurance. Contact WorkCover toget a list of insurers offering approved insurance packages.The WorkCover Information Centre telephone number is 131 050. Telephone numbers for localWorkCover offices are in the Telstra White Pages Telephone Directory.WorkCover: FireworksFireworks can be used at dance parties if fireworks guidelines are followed and permits areobtained from WorkCover NSW before the fireworks are purchased and used. Promoters musteither obtain a Permit themselves or hire a General Permit Holder to organise the fireworks. AGeneral Permit Holder is authorised to purchase and set off fireworks and can make all thearrangements needed with WorkCover NSW and the local Council. When hiring a GeneralPermit Holder, you will need to give them details such as the number of patrons attending, thesize of the venue, and whether it is indoor or outdoor.For more details please contact WorkCover NSW, Dangerous Goods, 400 Kent Street, Sydney,telephone (02) 9370 5000.10

Guidelines for Dance Parties3. COMMUNITY CONSULTATION AND ORGANISING TICKETS,TRANSPORT, WATER ETCCOMMUNITY CONSULTATIONGood management practices will help ensure that the dance party runs smoothly andsuccessfully and will help you avoid penalties, court orders, accidents and life threateningsituations.It is a good idea to provide the community with information about the dance party during theplanning stage. Having a contact number where the public can find out more about the intendedevent helps promoters to keep people informed and stop unfounded negative perceptionsdeveloping about the dance party. If a development application is required by Council, communityconsultation may be part of the standard application process.Promoters should also consider the option of having a complaints procedure so that anycomplaints made by patrons or surrounding residents can be responded to properly. If patronshave a consumer complaint about the dance party and are dissatisfied with the promoter’sresponse, they can contact the Department of Fair Trading on 13 32 20. The Department’shead office is at 1 Fitzwilliam Street, Parramatta and the nearest Fair Trading centre can befound in the Telstra WhitePages Telephone Directory.For more details on developing a community consultation process, please read the Departmentof Local Government’s ‘Major and Special Events: A Guide for Promoters and Councils’.TICKETSTicketing arrangementsMoney for advance ticket sales received by venue operators or independent booking outletsshould be held by them in trust to cover refunds if the performance is cancelled.Patrons should be entitled to a full refund or ticket exchange option if:◆◆the main attraction/event is cancelled or re-scheduledthe main attraction/star performer(s) is/are cancelled and substitute(s) arranged.Promoters could consider not selling tickets until after Council approval has been obtained.Alternatively, tickets could state that the event is awaiting Council approval and may becancelled and the money refunded if Council approval is not granted. These options helpguard against problems if Council fails to approve the dance party after tickets have alreadybeen sold.11

Guidelines for Dance PartiesConditions of EntryIt is recommended that promoters set up signs at the dance party entry points, or print on thetickets, that patrons will be refused entry or made to leave the dance party if:◆◆◆◆they are intoxicated by alcohol or another drugthey attempt to bring into the venue, or attempt to sell, deal or distribute an illicit drugthey are in possession of any weapon such as a knife, or any other article which isagainst the lawthey do not consent to a search by security staff prior to entry into the dance party.Clearly displaying this information at the entrance to the dance party, or on the ticket, makesit clear to potential patrons that this is a condition of entry.Entrance by ticket onlyNightclubs, hotels, registered clubs and most other venues are only allowed to hold a set maximumnumber of people and overcrowding can be dangerous. A good way to avoid the dangers ofovercrowding, and having to turn people away when the venue capacity is reached, is to allow entryonly to people with a pre-paid ticket. It is recommended that promoters limit entry in this way. Asan option, tickets could also be numbered.You may also want to consider issuing tickets in a form, such as an armband, that makesthem difficult to lose.TRANSPORTParkingIt is recommended that adequate parking be provided so that neighbouring properties are notdisturbed by vehicles visiting the venue. Local Councils are responsible for parking and, withearly notice, may be able to organise extra facilities such as keeping car parking stationsopen for extended periods. Access to venues should not be by roads which pass through quietsuburban streets.Public TransportIf public transport is available, try to make sure that the event coincides with the public transporttimetables.Promoters should make sure that transport is available to get patrons to and from the venue.Arranging transport is especially important for rural dance parties and other locations where publictransport is not widely available. Talk to the local public transport providers about the expectednumbers of patrons and arrival/departure times so that more buses, trains etc, can be arranged tomeet the extra number of passengers, especially at the end of the dance party. For information onState Transit Authority timetables call telephone 131500. All private bus routes in the Sydney -Central Coast - Newcastle - Wollongong area are on the internet on www.businfo.com.au. You canlocate, by suburb, all bus routes and bus companies that operate through that suburb.The State Transit Authority and private bus companies can provide quotes to deliver charterservices. The cost of a charter service could be included in the ticket price so that cash faretransactions are eliminated and the cost is spread over all the patrons.12

Guidelines for Dance PartiesFor bus charter enquiries contact the local bus company or:◆ State Transit Authority of NSW - level 29, 100 Miller Street, North Sydney, NSW 2060.Telephone (02) 9245 5777◆ The Bus and Coach Association of NSW - 27 Villiers Street, North Parramatta, NSW2151. Telephone (02) 9630 8655For rural areas it may be a good idea for patrons to camp overnight. If this option is chosen,extra conditions may be set by the local Council.NOISENoise pollution has been a major problem with dance parties in the past. Sometimes therehave been noise complaints from residents up to 10 kilometres away from the party. This kindof extreme noise has often meant that the Police have had to close dance parties down. It isdifficult to stipulate a maximum allowable noise output as this will vary with the venue conditionsand the distance to neighbouring residents. The way the speakers are placed has a criticaleffect on noise output. Speakers should be positioned to ensure minimum disruption toresidential areas and noise restrictions should become more strict after midnight.Each venue will have its own individual requirements. The suitability of a venue depends on, forexample, the type of material the building is made from and whether it is mechanically ventilatedor air conditioned. When selecting a venue, you could use an acoustical engineer to advise onits acoustic suitability. He or she could also prepare a noise report for the application toCouncil which would show the likely impact of the party on nearby residential properties.Noise levels should be set to minimise the impact on neighbouring properties, and to avoidhearing damage to workers and patrons at the event.Noise levels of 35dB(A) at any neighbouring residential area including camping areas (unlessthe camping area has been created for event patrons) are generally not a nuisance. Asexposure to noise levels of over 85dB(A) for more than eight hours can cause hearing damage,it is recommended that noise above this level should be for a limited time only. OccupationalHealth and Safety regulations require that promoters assess the risks to workers and creatework practices to minimise exposure to this level of noise.Promoters must talk with the local Council to find out what noise restrictions will apply toparticular events and venues. As an option you could have an acoustical engineer at the partyto monitor compliance with the noise level limits set by the local Council. As noise levelsduring the setting up of the speakers and amplification system may cause excessive noiseemissions from the premises, these should also be monitored.You may also have to apply for an approval or licence under the Noise Control Act from theEnvironment Protection Authority, especially if the dance party is a large outdoor event. Talkto the local Council or the local Environment Protection Authority office for details. TheEnvironment Protection Authority has published an Environment Noise Control Manual to helpprovide practical solutions to noise problems. They can be contacted via the Telstra WhitePages, or at Citadel Towers, 799 Pacific Highway, Chatswood, telephone (02) 9795 5000 orfacsimile (02) 9325 5678. If the dance party is to be held on licensed premises, promotersmust also talk to the Department of Gaming and Racing about noise levels.13

Guidelines for Dance PartiesWATERPromoters must make sure that an adequate and safe cold water supply is always availablefor drinking, fire fighting, and hygiene during the dance party.Dehydration is a major source of health problems at dance parties. Cold running water shouldalways be available at dance parties and cold tap drinking water should be provided free ofcharge. Water should be easily available not only from the toilet area but in the mainentertainment area as well. Promoters could also consider making cold tap water easilyaccessible to refillable plastic containers.If cold tap water is not available for patrons to drink, such as at some outdoor dance parties,bottled water should be provided. The charge for bottled water should be reasonably low toencourage patrons to drink the water and avoid dehydration. As an option, promoters couldconsider including the cost of providing bottled water in the ticket price. This eliminates theneed for cash transactions and helps to encourage consumption.Dance party promoters should consider including a requirement in the contract with the venueowner which states that the venue’s tap water facilities must be fully functional and complywith the requirements in these guidelines.FOOD AND DRINKIf alcohol is allowed at the dance party, it is recommended that food and drinks are availableonly in unbreakable containers (no glass or crockery). For alcohol free dance parties, crockeryor glass could be considered if there is close supervision and you can make sure they arerestricted to an area specially marked out for eating and drinking, such as a cafe area. Try toavoid salty foods to help minimise dehydration.If food is offered for sale, the handling and storage of the food and the construction of thefood premises must comply with the Food Act 1989 and Food (General) Regulation 1992.This is important so that food poisoning does not occur. Contact the local Council formore details.TOILETSToilets must be kept clean and serviceable during the event. This includes continued adequatelighting (to the level of AS 1680) in and near toilet and washing facilities. For events longerthan four hours, it is recommended that the toilets are periodically cleaned and resupplied withtoilet paper. If portable chemical toilets are used, pumpouts should be arranged as part of thehiring contract. There should be enough toilets to cater for the maximum number of patronsexpected. For more details please see the subheading ‘Sanitation’ in Section 10.14

Guidelines for Dance PartiesINSURANCEAs a minimum, promoters must make sure that patrons are covered by a comprehensivepublic liability insurance policy, and that the building is adequately insured for dance parties,such as with industrial risk insurance. Policy holders must be sure that their policy conditionscover this type of event.Promoters of non-profit organisations should obtain personal accident insurance and directorsand volun7teers insurance to cover the organising committee and volunteer personnel at thedance party.SMOKE MACHINESSmoke making machines or dry ice fog making machines must not reduce visibility to theextent that it would make evacuation difficult. Councils may need to be notified in the developmentapplication if these machines are to be used.4. ORGANISING SECURITYDance Party SecuritySecurity to control crowds is recommended at all large public gatherings. Experience showsthat dance party crowds are not usually aggressive. Hysteria and crushing do not often occurbut dehydration is a common problem. Distressed patrons should be escorted to the first aidstation for medical attention as soon as possible.Security staff should be hired at the ratio of one per 150 patrons for these events. You shouldhave male and female security staff, especially for conducting searches and patrolling themale and female toilets. The NSW Attorney General’s Department recommends that femalepatrons are only searched by female security staff. It is important to note that security staffhave no special power of arrest beyond that of a citizen’s arrest. They have no right to searcha person’s property unless the person consents to the search or the person has been lawfullyarrested and evidence is being sought in relation to a possible charge. Searches by securitystaff should be a condition of entry. Persons seeking admittance to the dance party who refuseto consent to a search should be refused entry.The main aim of security at dance parties is to control crowds and to:◆◆◆◆◆◆remove or refuse entry to anyone who is intoxicated by alcohol or other drug use, showsaggressive or anti-social behaviour, or tries to bring drugs into, or sell or distribute drugs,at the dance party. The promoter or security staff, on discovering drugs or weapons,should immediately contact the policeavoid personal injury due to crushing, overcrowding and unruly or violent behaviourenable injured or distressed patrons to be identified and moved to safety or a first aid postprevent the overloading of structures, whether or not designed for spectator use, includingseating stands, advertising hoardings, stages, lighting and sound mixing towerskeep all exits, gangways to exits and vehicle entrances clear at all timesassist in evacuating the venue in emergencies.15

Guidelines for Dance PartiesSecurity StaffThere are two basic types of crowd control. Passive - where staff do not normally come intodirect contact with patrons, such as ticket collectors, ushers and parking attendants. Active- where staff are present to control crowds and discourage unruly behaviour, and to intervenephysically where necessary to do so, such as bouncers, door attendants, security guards etc.Security staff employed as crowd controllers or bouncers must be licensed under the Security(Protection) Industry Act and be over 18 years of age. Changes to the security industry lawssoon to be introduced will require the person or organisation which directly employs securitystaff to have a master licence. So, for example, if a promoter directly employs security staff,the promoter will need a master licence. If a promoter hires a company to provide security, thatcompany will need to have a master licence and each security staff member must be licensed.Volunteer crowd controllers do not need to be licensed but the use of licensed crowd controllersis recommended. For further details please contact the NSW Police Service, Security IndustryRegistrar, on (02) 9339 0277.Active security staff should:◆◆◆◆◆◆◆◆◆◆be fit and physically activehave good communication (conflict resolution) skills and be non-judgmentalhave basic training in fire fightinghave basic training in evacuation procedureshave a basic knowledge in first aid and the ability to recognise distresshave training in non-aggressive means of crowd controlhave some knowledge of self-defence and how to control violent or unruly behaviour andintoxicated personsknow their limitations on removing patrons and refusing entry to patronsknow lawful search techniques and be clear on the legal powers and limitations on securitystaff for searching and arresting patronssecurity staff must conform with the obligations made on them by the Security Industry Act.Equipment RequiredSecurity staff should be easy to identify. Unique identification, such as a uniform, can beformally issued at each event so that security staff can be easily distinguished from the patrons.They should:◆◆◆◆have an individual identification number on their uniformcarry a torch if the event is held at nightcarry communication equipment effective under noisy concert conditions. This may notbe needed for smaller dance parties (eg 100 patrons) or small venues with good visibilityhave noise protection equipment.16

Guidelines for Dance PartiesRecords and PlansIt is recommended that promoters maintain a register of the names and identifying numbers ofall security staff. This list will enable promoters and the Police to identify unauthorised orunlicensed security persons and to identify security staff involved in a complaint. One personshould be chosen as the Security Controller to be in charge of all the security staff.Each security staff member should be given a written summary of all they are expected toknow and do, including an evacuation plan, the duties of the particular post to which they areallocated, and venue details such as the maximum number of patrons allowed. Security staffshould operate to a pre-arranged plan known to all staff. It should be made clear to them thatthey are deployed to assist in the safe operation of the venue, not to view the event.Promoters must include, as part of the security plan, the requirement that security staff mustsecure a clear passage for ambulance vehicles to gain access into the venue, including accessby ambulance officers to the first aid post. The Security Controller is to make sure all emergencyservices attending the dance party receive the necessary assistance. For example, the SecurityController is to make sure that any ambulance called is met on arrival and clear instructionsare given about access and casualties. In the case of a major incident with multiple casualties,security staff must immediately cordon off the affected area to allow first aid and ambulancepersonnel free access to treat and remove casualties.As a safeguard, a record of incidents involving disorder, violence, drug dealing, other crime, illhealth and any other relevant incidents should be kept. Any incidents which require Policeattention must be immediately reported to the local Police Station.What Security Staff should doThe list below gives examples of some typical tasks that security staff would be expected tocarry out at a dance party.Entry Control◆◆◆◆turn away from the dance party anyone who is already intoxicated from alcohol or otherdrugs, who tries to bring drugs or dangerous items/weapons into the dance party, or whoexhibits aggressive or anti-social behaviour, and remove those who have already gained entry.The promoter or security staff, on discovering drugs or weapons, should immediatelycontact the policehelp identify patrons who are banned from the venue, such as people who are intoxicatedby alcohol or other drugs, who attempt to sell or distribute drugs, who attempt to sell ordistribute alcohol to under age patrons, who are being aggressive/anti-social, who areunderage at an adult dance party, who do not possess tickets, or who have forged ticketsrefuse entry or remove from the dance party anyone known to the promoters and securitystaff to be illegal drug dealers, and immediately notify the Policecheck identity documents to keep out minors from adult dance parties and to help stopunderage drinking. Identity documents include drivers’ licences, passports and, for licensedpremises, proof of age cards issued by the Roads and Traffic Authority.17

Guidelines for Dance PartiesPatrol and Monitor◆◆◆◆◆◆◆be pro-active to defuse any potential violence before it occurs and act non-judgementallyand sensibly so as to not unnecessarily exacerbate any situationpatrol male and female toilet areas, preferably every thirty minutesmonitor the crowd for signs of distress or overcrowding and take action as set out in thestanding instructionsprevent overcrowding by making sure the number of patrons does not exceed the venue’slegal crowd limits in the various parts of the venue. To prevent overcrowding on the stage,a sign indicating the maximum number of people allowed could be set up on or near thestage to help security gauge when overcrowding is occurringhelp divert patrons to other parts of the venue, including closing the turnstiles, when thecapacity for any area is about to be reachedprevent patrons, as far as possible, from climbing fences and other structures such aslight towers, advertising hoardings, speaker columns and mixing towers. If a major problemoccurs, security staff should immediately report the matter to the Security Controllerremain at their allocated posts as instructed unless authorised or ordered to do otherwiseby the Security Controller.Exits and Entrances◆◆◆make sure all parking area entrances and emergency exits are kept clear and that vehiclesare correctly parkedmake sure that gangways and exits are kept clearcontrol all exits including openings in a boundary fence.Emergency Management and Prevention◆know the location of the fire-fighting equipment at the venue and be able to operate it◆ know the location of first aid posts and the chill out area (see section 5)◆◆◆◆identify and investigate any incident, such as violence amongst the patrons, and reportthe findings to the Security Controllerrecognise behaviour suggesting patrons may be ill and direct distressed or unwell patronsto first aid postsnotify the Police immediately of incidents that require Police attention, such as illegaldrug dealing, assaults and underage drinkingfully understand any methods or signals used to alert staff that an emergency has occurred18

Guidelines for Dance Parties◆◆◆◆◆be capable of recognising potential fire hazards and suspicious packages and reportsuch findings immediately to the Security Controllerimmediately follow any instruction given in an emergency by a Police Officer or the SecurityController, or in the case of fire, instructions from the Station Commander or IncidentCommander of the Fire Brigadesreport to the Security Controller any damage or defect which is likely to be a threat topatron safetyassist as required in the evacuation of the venue, in accordance with the evacuation planbe aware of venue policies, procedures and regulations, and help prevent breaches ofthese policies and venue regulations.SECURITY OPTIONSSome security options that promoters could consider depending on the location and environmentof the dance party are:◆◆◆◆◆door searches of persons and any accompanying propertyuse of metal detectors at point of entry to detect weapons and nitrous oxide bulbspatrolling of car parks, thoroughfares and the immediate area of the venue. This will helpreduce the risk of noise annoying neighbouring areas, reduce anti-social or dangerousbehaviour, and assist in bringing help to ill or injured patrons who may be nearbyclearly set starting and finishing times and controlled ‘pass out’ conditions.reduced use or total banning of glass drinking vessels, bottles etc (a glass freeenvironment).PassoutsIf ‘passouts’ are issued, it is recommended that patrons be subjected to the same securitychecks on re-entry as they were on first entry.Some patrons may use passouts to leave the dance party to obtain banned items such asdrugs and then try to return to the party. Passouts are not recommended for under 18s danceparties. If passouts are not available, patrons should be warned before they enter the venuethat if they leave the party they may not be re-admitted. Pass outs could be issued in the formof an arm band to make losing them more difficult.A secured outside area could be set up to minimise or eliminate the need for passouts.Thisarea could also be used by people who have been refused entry and are waiting to be collected.19

Guidelines for Dance Parties5. ORGANISING FIRST AIDWhenever large numbers of people get together, qualified first aid personnel should be inattendance. First aid personnel are often supplied by St John Ambulance Australia but otheragencies, such as the Red Cross, are available. Some promoters also prefer to arrange forother health professionals such as medical practitioners, registered nurses and paramedics tobe present. St John Ambulance officers are volunteers but they rely on donations to buytraining equipment and medical supplies. The number of first aiders and first aid posts will varywith the type of event. The numbers below have been suggested by St John Ambulance Australiaas a guide.PATRONS First Aiders First Aid Posts*500 2 11000 4 12000 6 15000 8 210000 12 220000 22+ 4* The number of first aid posts required would depend on what first aid room facilities are available.Every venue should have at least one room where there is power and running water.An alternative option to several first aid posts is to have a major central first aid post with rovingteams of first aiders. While first aid personnel are recommended for all dance parties, first aidersmay not be needed for events smaller than 200 patrons if they are held close to ambulance centresor hospitals. When no official first aider is present, security staff or some other person should bemade responsible for taking care of first aid arrangements for patrons, such as arranging transportationto a hospital. The role of the person(s) responsible for first aid should be clearly set out.The Ambulance Service of NSW must be advised of events, especially those involving largenumbers of patrons, regardless of the particular first aid arrangements that are made. Pleasesee Section 2 for details on ambulance services.First Aid PostsFirst aid posts should be easy to see and identified by an illuminated sign at night. Theyshould be easily accessible to patrons, dance party staff and ambulance officers. An ideallocation is near the main entrance. First aid posts should be located in quieter areas awayfrom the music, laser shows and crowds, such as near to ‘chill out’ areas.First aid kits must be kept in accordance with the Australian Standard for the size of the crowdexpected. First aiders will usually bring the right first aid kits as part of their service.20

Guidelines for Dance PartiesCasualtiesExperience from previous dance parties has shown that most casualties are from:◆◆◆◆◆◆◆heatstroke, dehydration, respiratory distresscuts from broken glassfainting and exhaustion from a mixture of hysteria, heat and alcoholthe abuse of drugs (both legal and illegal) and alcoholpatrons not knowing how to handle the effects of drug useepilepsy attacks brought on by strobe lightingoccasionally, trampling or crushing from crowd pressure at the stage barrier.Harm MinimisationAs part of the duty of care, dance party promoters are expected to act reasonably to encourageharm minimisation. Harm minimisation is an approach that aims to reduce the adverse health,social and economic consequences of alcohol and other drugs by minimising or limiting thehazards of drug use for both the community and the individual.Several options could be considered. A ‘check your mates’ campaign or similar could beprovided by promoters. Posters explaining how to handle the effects of drugs like ecstasycould also be set up in the toilets. Health promotion posters providing information on safe sex,sun protection and other issues could also be considered. Entertainment other than dancingcould be provided eg virtual reality machines, Internet, arcade games and socialising areas.On site security can help in spotting potential problems and escorting unwell patrons to thefirst aid station. Any patron concerned about symptoms from any drug use should be referredto the first aid post.Needle disposal containers and condom vending machines could be placed in the toilet area.Needle disposal containers are available from most medical supply wholesalers, HealthDepartment Needle and Syringe Exchange outlets, rural hospitals and some local Councils.The information on needlestick injuries in Section 6 of these Guidelines could be placed in thetoilet areas for the information of cleaning staff and patrons.Chill out areaIt is recommended that a ‘chill out’ area be set up either in or near the venue. Chill out areas should:◆◆◆◆◆◆◆have low profile, non-threatening supervision so that patrons are not scared away andpatrons with health problems can be spotted and treatedbe supervised by a person with first aid trainingbe quiet, well ventilated, cool and well litprovide chairs for patronshave electricity and drinking water availablebe physically separated from the main dance roomhave external access separate from the dance floor, if an ambulance is required.21

Guidelines for Dance Parties6. CLEANING UP AFTER THE DANCE PARTYIt is the promoter’s responsibility to liaise with the local Council and building owner to makesure that the venue and surrounding areas are left clean and tidy. Promoters could organisefor the clean up themselves, including the disposal of any needles and syringes, or ensure thatthis job is done by somebody else such as the venue owner or local Council. Clean-ups shouldbe completed within 24 hours of the event finishing. Cleaning up after a dance party will usuallybe a condition of any Council approval and some Councils will insist that the promoter pays forthe Council’s usual waste removal service.Needle and Syringe disposalNeedle and syringe disposal is becoming a problem at entertainment venues generally. Cleaningstaff should be trained by the venue owner, cleaning company or promoter in the risks of injury/infection from used needles and syringes and in safe work practices for collecting and disposingof needles and syringes. It is recommended that specialist or trained cleaning staff bespecifically used to clean areas, such as toilets, where needles and syringes are more likelyto be found. Heavy duty gloves, brushes and pans and approved needle disposal containersshould be supplied and cleaning staff should be educated about the advantages of beingimmunised against Hepatitis B and tetanus.Needle disposal containers or sharps containers come in different sizes and are available inthe metropolitan area from most medical supply wholesalers, some local Councils or theHealth Department Needle and Syringe Exchange outlets. Some container suppliers alsooffer a disposal service. In country areas, containers may be available from hospitals. Thelocal Council or Hospital can advise on disposal sites for needles and syringes.When collecting and disposing of needles and syringes, staff should follow these procedures:◆◆◆◆◆◆◆◆wear heavy duty gloves or use a brush and panavoid touching the needle with your fingers or handspick up the used needle and syringe by the blunt end, away from the pointnever try to replace the protective cover of the needle if the needle is exposedbring the needle disposal container to the needle and syringe, never carry the needle tothe containerplace the needle disposal container on a firm surfaceput the needle and syringe in an approved needle disposal container with a wellsecuredlidmake sure the container is tightly sealed and put the sealed container in safe storage fortaking to a disposal site, or for disposal according to the arrangements or recommendationsof an approved sharps disposal service.22

Guidelines for Dance PartiesNeedlestick InjuriesCleaning staff should be educated by the venue owner, cleaning company or promoter on thesteps to follow should they be pricked or scratched with a discarded needle.The main concern with needlestick injuries is the possibility of Hepatitis B or Hepatitis Cinfection. A person who is pricked or scratched with a discarded needle has only a very smallrisk of being infected with the Human Immunodeficiency Virus (HIV) from blood in the needle.Tetanus spores which live in the soil may also cause infections if they get into the bodythrough broken skin caused by a discarded needle.What do you do if you have a needlestick injury?Wash the area gently with soap and running water as soon as possible. Stronger detergentsare not recommended as they may damage or remove skin from around the wound.If water is not immediately available, allow the wound to bleed briefly and wash as soon aspossible.Apply an antiseptic and sterile dressing if needed.Report the injury to your supervisor who must keep a record of the incident. If supervisors needfurther information, they may contact the New South Wales 24 hour Needlestick Injury Hotlineon 1 800 804 823.Contact your local doctor or hospital emergency department as soon as possible.Medical tests may be done to see if you are already protected from Hepatitis B. If not, acourse of vaccinations may be given. This will be most effective if begun within 24 hoursfollowing the injury. Baseline blood tests may be recommended to establish whether you havethese viruses or not. This is for compensation purposes. If offered, it is your choice whetherto have these tests or not.If you are not vaccinated against tetanus, eg in the last ten years, this should be doneimmediately.Any medical treatment will be based on the nature of the injury. Antibiotics may be given asa protection against other infections.As a general rule, do not save the needle and syringe unless you are absolutely sure this canbe done safely. Follow the safe disposal procedures explained earlier.23

Guidelines for Dance Parties7. UNDER 18 (ALCOHOL FREE) DANCE PARTIESIf promoters intend to hold under 18s (alcohol free) dance parties, there are some extrarequirements that need to be considered.Under 18s dance parties should be organised in a similar way to any other dance party, exceptthat promoters must make sure that alcohol is not brought into the venue, and that gaming(e.g., gambling) does not take place. Also, when hiring security staff, it is recommended thatpromoters check whether the security staff being hired have experience in supervising a youngercrowd. As an option, you might want to set up a cloak room to ensure that bags, packs andother materials are kept out of the general dance floor area.Make sure you pay particular attention to the availability of public transport for patrons to getto and from the dance party. You could also consider providing patrons with access to a publictelephone at the venue. Passouts are not recommended for under 18s dance parties.Since October 1996, licensed premises are allowed to stage alcohol free entertainment inauthorised sections of the premises. While the requirements set out below are mandatory forunder 18s dance parties in licensed premises, many of them can be considered as options forpromoters to consider when holding under 18s dance parties in other venues.Requirements for Under 18s Dance Parties on Licensed PremisesTo hold an under 18s dance party in an hotel or registered club, the licensee or club managermust apply for a “minors function authority” (for hotels) or a “functions authority” (for clubs,which includes functions for non-members). The application should be made to the NSWLicensing Court at least 21 days before the event. The Police Service’s Local Area Commandermust be notified in writing, via the local Police Station, 7 days before the event.An authority to hold an under 18s dance party may be subject to certain conditions, includingthose listed below.Supervision/security - under 18s dance parties must be supervised by adults over 21 years ofage, with one supervisor/security staff for every 100 patrons. Supervision/security must includechecking tickets and bags on entry, patrolling toilets, supervising the function and access areasand patrolling the area around the licensed premises, checking that other patrons of the licensedpremises do not enter the party and that under 18s do not move to other areas of the premises.Advertising - advertising for the dance party must state that the party is alcohol free, hasadult supervision, that entry is by pre-sold tickets only, and that any minor suspected of havingconsumed alcohol will be refused entry. If the dance party is to be held in an hotel, advertisingmust also specify that any person suspected of being under 15 years will not be admitted.Function area - under 18 patrons must not move into other areas of the licensed premises, andother hotel/club patrons must not bring liquor into, or enter, the function area where the dance partyis being held. Signs denying access into, or out of, the function area must be displayed.Passouts - passouts reduce the ability to control the event and increase security problems and arenot recommended for under 18s dance parties. Where passouts are not available, patrons shouldbe warned before they enter the venue that if they leave the party they may not be re-admitted.24

Guidelines for Dance PartiesNoise and Safety - promoters will need to make sure the dance party does not create noisewhich causes problems for neighbours or exceeds limits set in occupational health and safetynoise regulations. To help meet noise and safety requirements, security patrols must be providedoutside the premises, especially 30 minutes before and 30 minutes after the dance party.Liquor - at an under 18s dance party on licensed premises, no alcohol is to be sold, supplied,consumed or disposed of in the function area, or brought into the area by the licensee, the promoters,other patrons of the hotel/club, or dance party patrons. Intoxicated persons must be refused entry.Tobacco vending machines and gaming machines must not be allowed in the dance party area.Closing - the under 18s dance party must end at 12 midnight or earlier if stated in theauthorisation. All patrons must have left the function area 15 minutes after the party ends.Contact - for further information on staging under 18s dance parties in hotels or registeredclubs, please contact the Department of Gaming and Racing, Industry Development Branch,telephone (02) 9289 8646 or (02) 9289 8648, and facsimile (02) 9289 8669.8. MIXED AGE (ALCOHOL RESTRICTED) DANCE PARTIESIf promoters intend to hold dance parties which will be attended by people under the age of 18as well as adults and which will have alcohol available, then it is recommended thatarrangements similar to those for under 18s dance parties be put in place.Promoters will need to make sure that the serving of alcohol is tightly restricted so that under18s do not gain access to it. As with under 18s dance parties, the promoters need to makesure that alcohol is not brought into the event. Arrangements should also be in place toensure under 18s do not gain access to tobacco and gaming machines, if the event is in ahotel or registered club.The supply of alcohol at dance parties is discussed in section 2 of these Guidelines.If alcohol is supplied by an hotelier under an extension of an hotel licence at a mixed age danceparty, the NSW Licensing Court can impose a number of conditions on the licence to ensure thatminors attending the event do not gain access to alcohol. These conditions may include:◆◆◆◆◆a prescribed number of security personnel engaged for the eventconditions as to the duties of security personnel and staff selling alcoholsecurity searches of bags to ensure no alcohol is brought into the event by patronsfencing off the area where alcohol is sold, and requiring proof of age checks of patronsentering that areaproviding drinkers with non-removable tamper proof wrist bands once it is establishedthey are over 18.Contact - for further information on staging mixed age dance parties, please contact theDepartment of Gaming and Racing, Industry Development Branch, telephone (02) 9289 8646or (02) 9289 8648, and facsimile (02) 9289 8669.25

Guidelines for Dance PartiesPART TWO: GETTING APPROVAL FOR A DANCE PARTY9. COUNCIL APPROVALS FOR DANCE PARTIESTHE VENUEWhere Dance Parties are heldDance parties have been held everywhere, from inner city to country locations and in clubs andhalls, sports stadia, disused factories and warehouses. One result of choosing an unusualvenue is that it will probably not already have the consents or approvals required by theEnvironmental Planning and Assessment Act (EP&A Act), or the Local Government Act 1993(LG Act), for holding a dance party. Promoters will therefore need to work with Local Councilto get the required consents and approvals.Dance parties may be held as part of open air music festivals or concerts. For outdoordance parties, consent may be needed under the EP&A Act. An open air venue does notneed a “place of public entertainment” approval under the LG Act but dance parties held oncommunity land such as a park may need Council approval under the LG Act.If open air concerts use amplification equipment and have a crowd capacity of over 10,000people, the dance party must get a Pollution Control Approval and Licence from theEnvironment Protection Authority. Open air dance parties should be held well away fromhomes or residential areas. As most dance parties are held indoors, these Guidelinesfocus on dance parties held within buildings. For detailed advice on major and specialevents, such as open air concerts, please read ‘Major and Special Events: A Guide forPromoters and Councils’. Contact the Department of Local Government or see the interneton www.dlg.nsw.gov.au for more details.Dance parties are also held in locations, such as hotels and registered clubs, that alreadyhave the right approvals and consents. While the local Council may still have to be contacted,the timing and nature of events in these venues can be held in accordance with the terms of theexisting consents and approvals.Hotels and registered clubs usually serve alcohol, so in addition to the EP&A Act and the LGAct, the Liquor Act and the Registered Clubs Act also apply. Please see Section 2 of theseGuidelines.26

Guidelines for Dance PartiesAPPROVALS REQUIRED UNDER THE ENVIRONMENTALPLANNING AND ASSESSMENT ACTPlanning for public events is regulated by the Environmental Planning and Assessment Act(EP&A Act). The information on planning approvals in these Guidelines is a broad outline ofthe position in the 177 Councils in NSW. Planning controls vary from Council to Council, so itis strongly recommended that you contact each relevant Council for details of their specificplanning requirements.Dance parties may need a Development Application (DA) depending on their size, locationand duration, and whether any building work is proposed (eg., the installation of a stage).It is recommended that promoters seek advice from the local Council or their own expertplanning adviser.The ideal location for a dance party is where:◆◆◆◆◆◆zoning allows a dance party to be held in the areathe venue does not adversely affect residential areasthe premises provide safe accommodation for patrons during the eventpublic transport is availablethere is easy access to and from the venue for emergency service vehiclesparking and noise will have limited impact on surrounding uses and the general public.The Planning Situation◆◆◆◆Planning ‘instruments’ such as Local Environmental Plans (LEPs) determine whetherdevelopment consent is or is not needed, or if the use is a prohibited activity in that area.Each local Council area has its own planning instruments.Promoters need to examine the planning instruments of the local Council area where theyintend to stage the dance party. Dance parties may be held in venues defined in the instrumentby terms such as ‘places of assembly’, ‘recreation facility’, ‘entertainment facility’.LEPs and the types of zones where dance parties are permitted vary between Councils.Councils may also have development control plans and policies about holding dance parties.Where a Dance Party can be held without developmentconsent◆◆You may still need other forms of approval under the LG Act.Part 5 of the EP&A Act may also apply. The authority giving approval (usually Council)must decide if the dance party could have any major environmental impact (s.111 of theEP&A Act).27

Guidelines for Dance PartiesWhere a Dance Party can be held with development consent◆◆◆◆◆You may still need other forms of approval under the LG Act.Promoters must lodge a Development Application (DA) with Council.Council has 40 days to decide on the application, otherwise it is considered to be refused.Councils can continue to deal with applications after 40 days, but the promoters have aright of appeal to the Land and Environment Court. The earlier the application is made toCouncil the better. Putting the application in 80 days before the event is recommended.Council will consider the proposal according to section 79C of the EP&A Act. In particular,DAs should refer to the position of the stage and speakers, existing and proposed soundproofing, use of automatic cut out systems set for particular noise levels, which doors/windows will be used for access, and the closeness of neighbours (for noise).Council can impose conditions of consent. These may specify hours of operation, parkingarrangements, and address any matters of environmental concern, especially noise levelsand noise control.Where a Dance Party cannot be heldIf the zoning prohibits activities such as dance parties in the area, then the party cannot takeplace in that venue.APPROVALS REQUIRED UNDER THE LOCAL GOVERNMENT ACT1993 (LG ACT)The most important approvals under Section 68 of the LG Act are:◆◆◆use of a building or temporary structure as a place of public entertainment, or permit itsuse as a place of public entertainment - A3 Approvalinstall a temporary structure on land - A2 Approvalcarry out an activity on community land - part D of the table in section 68 of the ActDance parties are considered to be “public entertainment”. The use of the building or atemporary structure for public entertainment requires an A3 Approval. “Public entertainment”is where people pay money, or other consideration, to gain admission to the event (even ifonly some people are charged). A “consideration” includes a charge for a meal or otherrefreshment. However, in the case of premises licensed under the Liquor Act or RegisteredClubs Act, even “free” entertainment requires an approval. If a “temporary structure”, suchas a circus tent or marquee is used, then an A2 Approval (install a temporary structure onland) is also required.For A3 Approvals to use an existing building as a place of public entertainment, certain clausesof the Local Government (Approvals) Regulation allow Councils the option to decide to vary orlower the standards from those expected of new buildings.28

Guidelines for Dance PartiesThe application for Council approvalAn application to Council will be needed if:◆◆an existing place of public entertainment A3 Approval exists, but some variations to theconditions of the building are needed to stage a dance partyno approval exists, but with initial assessment and a conditional A3 Approval, a danceparty could be held in the building.Promoters can lodge an application for an approval, accompanied by the written consent of thebuilding owner.The application must be made on a form available from each Council and must be accompaniedby the fee set by the Council.Premises with an approvalBuildings already approved for public entertainment have been assessed by Council to see ifthey comply with the Building Code of Australia. They must be safe for a large number ofpeople and allow quick exit from the buildings if there is a fire.An existing approval will:◆◆◆show the permitted capacity for entertainmentinclude any operational conditions which must be observedbe displayed in the premises.Contact the local Council if there is any doubt about the approval, its conditions or if a copy isnot available.Premises where an approval must be obtainedPromoters should consider the suitability of the building for the dance party and talk to thelocal Council to assess what may be needed to obtain the necessary approvals.The technical issues involved in assessing suitability usually means getting advice from abuilding professional such as an architect or consultant building surveyor. To prepare an initialassessment, this expert would need to inspect the premises, examine building plans and notethe services available in the building.Details of the number of people expected at the dance party and the range of entertainmentbeing planned would also need to be considered.29

Guidelines for Dance PartiesDeciding on (Determining) the applicationIn determining an application for an A3 Approval, a Council must consider whether any consentrequired under the EP&A Act has been given, or whether the use is prohibited (from receivingconsent) by a planning instrument such as a local environment plan.As well as any conditions attached by the Council, it is a statutory requirement for any approvalthat standard management and use conditions for places of public entertainment must becomplied with. These conditions include requirements for fire safety officers, the screening offilms, the use of naked flames and pyrotechnics on stage. They are set out in a schedule tothe Local Government (Approvals) Regulation.These requirements also generally apply to temporary structures used as places of publicentertainment. For temporary structures an application for an A2 Approval should accompanythe A3 Approval application.Please see section 10 for detailed information on building requirements for dance parties.10. BUILDING REQUIREMENTSPromoters of dance parties sometimes seek out unusual buildings such as warehouses andother disused industrial buildings. Regardless of whether the proposed venue is a licensedpremise or a disused warehouse, it must comply with essential minimum requirements of theBuilding Code of Australia 1996 (BCA) concerning building structure, fire safety and sanitaryprovisions. However, Councils do have some discretion when dealing with existing buildingsthat do not strictly meet the minimum requirements that are mandatory for new buildings.The references to the Building Code of Australia 1996 in this Section provide a guide to keyelements of building design and fire safety issues. If these requirements are met, the buildingshould satisfy the relevant standards in the BCA. If these safety measures are not able to bemet, alternative solutions should be discussed with the local Council. The BCA should beconsulted directly for technical building standards and requirements. Part A1 and the NSWAppendix A1 of the BCA contain a complete list of important definitions.If you have any enquiries about the Building Code of Australia, please contact your localCouncil.BUILDING INTEGRITYThe integrity of the building structure and its surrounds must be sound and not be a dangerto its occupants. Below are some issues to be considered when deciding on a suitablevenue.30

Guidelines for Dance PartiesFloorsAll floor surfaces must be level, structurally sound and free of hazards such as pot holes,protrusions, loose boards, worn floor coverings and debris. The floors must be capable ofwithstanding the stress of large numbers of patrons simultaneously jumping up and down intime with the music. You could use an accredited practicing structural engineer to assess thestructural integrity of the floor and certify that it is safe to withstand the dead and live loads ofdancing crowds of a specified capacity.WallsWalls must be free of hazards such as loose and broken cladding, broken windows, protrusionsand sharp edges.RoofThe roof must be sound and free of hazards such as loose roofing material, insulation, lightfittings and broken skylights.ElectricalWiring must be sound and free of hazards such as exposed cables, terminals, loose plugsand switches. Wiring must not be loose or taped to the ground or floor in public areas.You should consult a qualified electrical contractor to make sure that the electrical facilitiesare adequate for the proposed function.VentilationAdequate ventilation must be provided to the dance floor area in accordance with the BCA.Good ventilation is essential to help keep patrons cool and avoid the dangers of high bodytemperature.Curtains and DrapesAll curtains and drapes must be made of flame and smoke retardant material or be treated witha flame and smoke retardant chemical.Plastic drapes and hangings must not be used under any circumstances.31

Guidelines for Dance PartiesBUILDING CAPACITYPart D1.13 of the BCA provides for the number of persons according to use.Area per person according to useAuditorium (for public entertainment) - 1 square metre of floor area per personDance Floor - 0.5 square metre per personOther areas - 1.2 square metres per personAll calculations are in square metres and are dependent upon variables such as exit provisions,sanitary provisions and car parking requirements being adequate for the proposed capacity.EXITSAn ‘exit’ is any internal or external stairway, ramp, fire-isolated passageway, or doorway thatprovides an exit to an open space. All exit doors must be readily identifiable and easily openedinto an open space which is free from obstruction. All passages leading to an exit must be wellmaintained and free from obstruction. Exits must not in any circumstances be blocked orlocked to prevent exit from the venue. Locking or blocking exit doors is an offence under theEnvironmental Planning and Assessment Act.Exit provisions are covered by Section D of the BCA which includes detailed specifications forthe provision of escape routes and the construction of exits.Numbers of Exits RequiredAll buildings must have a minimum of two exits from each floor, including the basement.Exit Travel DistancesThere can be up to a maximum of 40 metres from any point on the floor to an exit, as long asat least two avenues of exit are available. If the venue exceeds 60 metres in length or width,then the question of whether the proposed venue has enough exits should be clarified withCouncil as soon as possible.Distance between Alternative ExitsThere must be a minimum of nine metres between alternative exits and a maximum of 60metres between alternative exits.Alternative exits must be located so that alternative paths of travel to those exits do not convergeto the extent that they become less than six metres apart inside the building. The openingswhere the alternative exit paths leave the building must be as far apart as possible.32

Guidelines for Dance PartiesDimensions of ExitsAn exit which is a doorway must have a minimum height of 1980mm. All other exits must havea minimum height of 2 metres.An exit must have a minimum width of one metre and a maximum width of three metres. Theaggregate (or total) required width of exits must be provided on the basis of one metre per 100persons present on the premises.EXIT SIGNS, EMERGENCY LIGHTING AND WARNING SYSTEMSExit signs, emergency lighting and warning systems must comply with BCA, Part E4.Exit SignsAll entertainment venues must be fitted with exit signs that are clearly visible to peopleapproaching the exit. The signs must be installed on, above or next to each required exit.All exit signs must be installed so that if the normal power supply fails, emergency illuminationis provided to the exit sign. Exit signs must comply with Australian Standard 2293.1.Emergency LightingEmergency lighting must be provided in entertainment venues where the floor area of that storey ismore than 300 square metres, or any point on the floor of that storey is more than 20 metres fromthe nearest doorway opening directly to a stairway, ramp, passageway, road or open space.Emergency lighting must also be provided if exiting from that storey involves a vertical risewithin the building of more than 1.5 metres, or any vertical rise if the storey does not admitsufficient light.Every emergency lighting system must operate automatically and give sufficient illuminationwithout undue delay for the safe evacuation of all areas of the building.Emergency lighting must comply with Australian Standard 2293.1. You should contact a qualifiedelectrical contractor for details about emergency lighting and AS 2293.1.BALUSTRADESUnlicensed premises such as warehouses and disused factories often have flooring whichincludes ramps, loading bays and balconies which are not fitted with suitable barriers. It isstrongly recommended that balustrades be provided where the threat of injury exists, especiallywhen you take into account low light levels and the possible intoxication of patrons.Balustrades must be put in if the level is more than one metre above the floor. Balustradesmust be 1 metre high if inside the building, and 1.2 metres high if outside the building. Handrailsmust be 865mm high.33

Guidelines for Dance PartiesDOORWAYS AND DOORSRequired exits must be fitted with swing doors which open outwards from the building. Automaticsliding doors are allowed on the main entrance but revolving doors, collapsible gates, accordiondoors, turnstiles or rigid barriers are not acceptable.Many unlicensed venues are fitted with large sliding doors and roller doors which do not meetthe requirements for places of public entertainment. However, local Councils may acceptsliding and roller doors as exits in a venue if:◆◆the doors meet the minimum requirements of distance of travel to exits and aggregatewidth, andthe doors are key-locked in the open position while the premises are occupied, and thekey is held by the promoters.Artificial LightingArtificial lighting must be provided in entertainment venues to provide a safe and comfortableenvironment in accordance with Australian Standard 1680. All rooms that will be occupied bythe public/patrons and all corridors, lobbies, internal stairways and other circulation spacesand paths of exit must be properly lit.FIRE FIGHTING EQUIPMENTFire HydrantsA fire hydrant system must be provided to service a building with a floor area greater than 500square metres, and where an operational fire service is available to attend a building fire. Firehydrants must comply with Australian Standards 2419.Hose ReelsA hose reel system must be provided to serve the whole building where one or more internalhydrants are installed.If internal hydrants are not installed, a suitable hose reel system must be provided to serve anyfire compartment with a floor area greater than 500 square metres. Hose reels must complywith Australian Standard 2441.Portable Fire ExtinguishersPortable fire extinguishers, containing the appropriate extinguishing agent for the fire risk,must be provided in every building. Water type extinguishers need not be installed in a buildingor part of a building already served by a fire hose reel.Portable fire extinguishers must be provided and installed in accordance with Australian Standard2444. Enquiries about Australian Standard 2441 and 2444, fire extinguishers and morespecialised requirements for sprinklers and alarms should be made to the local Council.34

Guidelines for Dance PartiesSANITATIONThe Building Code of Australia 1996 contains the sanitary provisions for buildings such aspublic halls and function rooms.Patrons Closet Fixture(s) Urinal(s)* Washbasin(s)1 2 each extra 1 2 each extra 1 2 each extraMales 100 300 200 50 100 50 up to 250 50 200 200100 over 250Females 25 50 50 up to 250 50 150 200100 over 250*Note: 1 urinal = 600 mm, 1 w/c can substitute 1 urinal or every 600 mmA unisex toilet facility should be provided for people with physical disabilities.11. LEGAL ISSUES WITH DANCE PARTIESWhile dance parties are legitimate forms of public entertainment, poorly planned dance parties cancreate legal problems for promoters, patrons, local Councils, the Police and neighbouring residents.These problems can occur if dance parties:◆◆◆◆◆◆◆◆◆◆◆occur without Council approvaloccur on premises without the owner’s consenttake place in unsafe buildings (eg fire hazard)result in injury to patrons at the dance partyinvolve the unlicensed sale of liquorinvolve underage drinking or illegal drug takinginvolve drug dealinginvolve very loud noiseresult in anti-social behaviour in the neighbourhood as patrons arrive and/or leave the partycause traffic disruption and danger as patrons move onto roads as they leave the partyresult in accidents caused by people driving or walking home under the influence ofalcohol or other drugs.Laws exist to make sure that dance parties provide high quality and safe entertainment for theirpatrons, take place in suitable locations with limited impact on residential areas, are held inbuildings that are sound and have adequate exits, and proper public safety measures are taken.This Section sets out some of the relevant legislation and some of the reasons legal problemsoccur,and also explains some of the major powers and responsibilities of government agenciesand promoters when legal issues arise. Promoters should also seek independent legal adviceon any legal issues they may have. By forward planning and discussion with the relevantauthorities, you should be able to hold a legal, hassle free and successful dance party.35

Guidelines for Dance PartiesLEGAL ISSUES BEFORE A DANCE PARTY STARTSThe Environmental Planning & Assessment ActThere is likely to be a breach of planning laws if the dance party:◆◆◆is outside the existing conditions of consentrequires consent, but it has not been obtainedis not allowed given the zoning of the area.In these cases any person, including the local Council, can take legal action under section123 of the EP&A Act in the Land and Environment Court and apply for an injunction to stop theparty being held.If a planned party constitutes or is likely to constitute a life threatening hazard or a threat topublic health or public safety, and it is not regulated or controlled under any other Act by apublic authority, a Council could use Order No. 8 of section 121B of the EP&A Act to requirethe promoters not to conduct, or to stop conducting, the dance party. Order No. 8 may beserved directly on the promoters without any warning.The Local Government ActA Council may abate (stop) a public nuisance, or order a person responsible for a publicnuisance to abate it, under section 125 of the LG Act. An example would be where very loudnoise is affecting the neighbourhood. This would apply particularly where the law prohibits thecarrying out of the activity, or requires that a permitted activity must be conducted in a particularway, and these requirements are not being met.Liquor LawsIf the dance party is to be held on licensed premises, the premises may be closed down for 72hours or up to six months under the Liquor Act or Registered Clubs Act if there is:◆◆◆◆a threat to public health or safetya risk of substantial damage to propertya significant threat to the environmenta risk of serious offences being committed on the premises.If promoters seek a licence to sell liquor at a proposed dance party, and strong evidence existsthat illegal drugs are to be sold or supplied to patrons at the dance party, or evidence existsthat the promoters had failed at previous dance parties to prevent drug abuse by patrons, thiscould lead the Director of Liquor and Gaming to object to the granting of a licence.Occupational Health and Safety EducationDance party promoters must make sure that they take out workers compensation insurance.They must also take steps to identify risks to workers, put in place hazard controls, andensure the necessary permits (eg for fireworks) are in place. Contact WorkCover for details.36

Guidelines for Dance PartiesLEGAL ISSUES WHEN A DANCE PARTY IS IN PROGRESSThe Environmental Planning & Assessment ActA Council or an individual can get an injunction from the Land and Environment Court to stopa dance party in progress. However you are unlikely to be able to do this at short notice.Council orders - Councils can issue orders that prohibit the doing of things to or on premises(section 121B of the EP&A Act). The most relevant orders are:◆◆◆Order No 8 may be issued immediately for life threatening hazards or a threat to publichealth or public safety which is not regulated under any other Act.Order No 6 may be served on the building owner in relation to fire safety or fire awareness.Order No 10 may also be issued immediately in an emergency to stop the use of, orevacuate, premises.Usually a “show cause” procedure applies in advance of the serving of these two orders.Fire Brigade officers may also issue Order No. 6 in relation to exits or essential servicesprovisions and other safety measures in buildings. Locking or blocking exit doors is an offenceunder the EP&A Act.If a person fails to comply with an Order, this is an offence under the EP&A Act.Failure to comply with an Order - If a person fails to comply with the terms of an Order, theCouncil may carry out what is required by the Order. While patrons cannot be removed fromthe premises, this provision can authorise a council employee to turn off music, stop lightshows etc.Local Government ActA Council may apply to the Court to abate (stop) a public nuisance, or order a person responsiblefor making a public nuisance to stop (section 125 of the LG Act).Noise Control ActSome dance parties have led to noise complaints from residents living up to 10 kilometresaway from the venue.◆◆◆◆Noise Abatement Directions can be issued by local Council employees or the Police.Failure to comply with the Direction can result in a fine and, in extreme situations, mayresult in arrest.The Environment Protection Authority can issue noise control notices and/or a noiseabatement direction.The Police have powers under Common Law to arrest and detain a person committing orabout to commit a breach of the peace, such as making an offensive noise in some cases.Residents can make a written complaint to the Liquor Administration Board if danceparties on licensed premises disturb the neighbourhood.37

Guidelines for Dance PartiesOccupational Health and Safety LegislationDance party promoters must comply with Occupational Health and Safety legislation andmake sure that the dance party does not endanger the health and safety of their employees.Police PowersUnder the Theatres and Public Halls Act, Police officers of the rank of Sergeant and abovehave a power of entry into an indoor dance party to inspect the premises and if necessary, totest equipment. Section 6 of the Police Service Act requires Police officers to prevent anddetect crime, to protect people from injury or death, and to protect property from damage.Police officers can use this power to secure the safety of patrons and property, includingclosing down the dance party, if necessary.Illegal drugs at dance parties will attract an increased Police presence. A Police officerhas the power under the Drug Misuse and Trafficking Act to stop, search and detain anyperson or vehicle which the officer reasonably suspects is in possession of, or contains,an illegal drug.Liquor LawsThe Liquor Act (section 104) and Registered Clubs Act (section 17AA) allows neighbours andothers such as the Police or local Council to make a complaint if a registered club or licensedpremise creates problems, such as noise or the violent or anti-social behaviour of patrons, inand around the premises. The penalties include reducing the premise’s trading hours, prohibitingthe admission of patrons after a certain time, and restricting or prohibiting certain types ofentertainment such as those which involve loud music. This could include dance parties.The following penalties under the Liquor and Registered Clubs Acts apply to licensed premisesand registered clubs:◆◆sell or supply liquor to a minor (selling: maximum penalty $5,500, supplying: a maximumpenalty of $11,000 and/or 12 months imprisonment)sell liquor without a licence (maximum penalty $1,100 and/or 6 months imprisonment)◆ permit intoxication on licensed or registered club premises (maximum penalty $5,500)◆◆sell or supply alcohol to an intoxicated person on licensed premises (maximum penalty$5,500)permit licensed or registered club premises to be used for the sale, use or possession ofa prohibited substance (various offences with a maximum penalty for the licensee,registered club secretary, person in charge and staff of $5,500).38

Guidelines for Dance PartiesLEGAL ISSUES AFTER A DANCE PARTY HAS ENDEDThe Environmental Planning & Assessment ActAction may be taken under the EP&A Act if a dance party has been held which breached theplanning laws.This could happen if:◆the party failed to stay within the existing conditions of consent◆consent for the party was required but not obtained◆the party was prohibited in the zone in which it was held◆a person on whom an order was served failed to comply with the order.Under section 123, any person can take legal action in the Land and Environment Court for abreach of the EP&A Act. For example, they might apply for an Orders to fix any environmentaldamage caused by an unauthorised dance party.Under section 125 of the EP&A Act, only a Council or persons specified under the Act orRegulation can bring a prosecution for an offence under the Act. This could be for failure toobtain consent, non-compliance with the terms of the consent, or non-compliance with theterms of an order. Fines of up to $110,000 can be awarded by the Land and Environment Courtin such cases. These offences can also be prosecuted in the Local Court where the maximumpenalty is $11,000.The Local Government ActFailure to get an approval needed under section 68 , which sets out what activities require anapproval, is an offence under the LG Act. Offences under Section 626 (failure to obtain approval),Section 627 (failure to comply with approval) and Section 628 (failure to comply with an Order)all carry penalties of up to $5,500 or $11,000 for a corporation.39

Guidelines for Dance Parties12. ORGANISING A DANCE PARTY - SUMMARY FLOW CHARTThis flow chart shows the major things promoters should do to organise a dance party.◆◆◆◆80 days beforeDecide on the general area you want to hold the dance party in.Talk to local Council to find out the locations in which a dance party can be held, whatapprovals and consents are needed for those locations, and how to apply for them.When a possible venue for the dance party is identified, talk with local Council about thesuitability of that particular venue, and clarify details of what is needed to apply to Councilto hold the party there.Lodge the necessary applications with the Council to hold the dance party at the venue.◆◆60 daysContact WorkCover to discuss OH&S laws, workers compensation insurance, publicliability insurance cover (and if required, a fireworks permit).Discuss travel, safety, security arrangements for the dance party with local Police.◆◆◆◆31 daysContact the Court Registry of the Licensing Court of NSW for a liquor licence if necessary,or if alcohol is to be supplied away from licensed premises by a hotelier.Talk to local bus companies/SRA about transport arrangements for the event as needed.Hire licensed security staff, appoint Security Controller, make security plans.Hire adequate first aid staff.◆◆◆21 daysAdvise the Fire Brigade, Ambulance and Health Department of the event.Notify local Police of Council approval.Clubs and Hotels must apply for a licence to hold an U18s party, if needed.◆◆◆During the eventMake sure refreshments, especially cold water, are available during the event.Keep toilet areas clean and serviceable.Keep a written record of any violence, ill health etc.◆Within 24 hours of the event finishingOrganise and carry out a clean up of the venue.40