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

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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
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