Facts
The Bondi Bowling Club is a licensed venue that under NSW law has an "obligation to make sure any negative impact on local residents or businesses in their community is minimised" and "the community can take action against licensed premises that have a negative impact on your neighbourhood."
If a licensed venue does not comply with regulations, the NSW Independent Liquor & Gaming Authority (ILGA) has the power to restrict a liquor license. Paddington Bowling Club is an example of a venue that was banned from serving alcohol after numerous complaints about noise and that the Club was being conducted in a way that disturbed the "good order" of the neighbourhood.
What / When is it 'Too Loud'
The NSW Liquor Act requires licensees to prevent “unreasonable noise”, which is noise that:
exceeds background noise levels by more than 5 decibels - between the hours of 7.00am to 12:00 midnight - at the boundary of any affected residence
and
shall not exceed the background noise level between 12:00 midnight to 7:00 am - both at the boundary, and inside any habitable room of any affected residence
'Background noise' around Warners Ave, Beach Rd and Blair St is mainly from occasional passing traffic. An example of '5 Decibel' noise level would be a ticking watch or rustling leaves - i.e. a sound level that is barely audible.
The above law means that if you can hear club noise at the boundary of your property - at any time of day or night - you are entitled to request the club to prevent this, and they are legally obliged to act.
What Other Concerns Can Be Raised
ILGA can investigate complaints about “undue disturbance to the quiet and good order of a neighbourhood” which extend beyond just “noise” and includes (see factsheet), including:-
“operation” or management of the premises
“conduct” of patrons on premises and when patrons depart
timing of delivery vans
disposal of refuse (e.g. bottles, glassware).
ILGA has a variety of powers. A routine inspection of the club occurred in August 2020 which resulted in the Bondi Bowling Club being named as the 'worst venue to date for COVID breaches' in NSW. A double fine was imposed on the Club after ILGA identified multiple breaches including serious physical distancing and hygiene issues.
How Should a Club Manage Noise and Residents' Concerns
ILGA gives examples of how licensed venues should deal with disturbance complaints:
Prominently display information about the complaints process
Initiate community meetings to discuss any disturbance issues
Implement techniques to deal with antisocial behaviour from patrons leaving the premises
Assess your venue’s building design, and identify opportunities for modification
Contact local Council or revisit development consent to make sure (the club is) complying with all noise conditions
Self-assess – observe noise levels at your venue both inside and outside, and consider what your neighbours are hearing
Close the doors or windows facing residential areas
Conduct an acoustic test.
Who Owns the Club?
Along with Barracluff Park, the club is zoned for open space and recreational purposes and is not commercially zoned. See more here
Can we complain if the Club was here before residents?
Even though the club was established in 1933, government regulations give equal consideration to:
whether there have been any changes in the licensed premises, including structural changes to the premises; and
any changes in the activities conducted on the licensed premises over a period of time.
In the decision to restrict the license of Paddington Bowling Club, it was noted that Paddington "changed from a traditional bowling club, to a business that has a predominant focus on corporate and social functions and activities" and when "those activities are not conducted responsibly and have an adverse impact on the local and broader community, which is disproportionate to the benefit" regulatory intervention was necessary. Read the full decision here.
More questions?
If you have any other questions about the club, please contact us and we'll try to find out.