South Australian Current Acts South Australian Current Acts106—Complaint about noise etc emanating from licensed premises
(1) If—
(a) an
activity on, or the noise emanating from, licensed premises; or
(b) the
behaviour of persons making their way to or from licensed premises,
is unduly offensive, annoying, disturbing or inconvenient to a person who
resides, works or worships in the vicinity of the licensed premises, a
complaint may be lodged with the Commissioner under this section.
(2) A complaint under
this section may be lodged by—
(a) the
Commissioner of Police; or
(b) the
council for the area in which the licensed premises are situated; or
(c) a
person claiming to be adversely affected by the subject matter of the
complaint.
(3) A complaint cannot
be made under subsection (2)(c) unless—
(a) the
complainant is authorised to make the complaint by at least 10 persons who
reside, work or worship in the vicinity of the licensed premises; or
(b) the
Commissioner is satisfied that the nature or gravity of the complaint is such
that it should be admitted despite non-compliance with paragraph (a).
(3a) If a complaint is
lodged with the Commissioner under this section—
(a) the
Commissioner must cause a copy of the complaint to be served on the licensee
of the licensed premises to which the complaint relates no later than 7 days
after its lodgement; and
(b) no
conciliation meeting or other hearing may be held on the complaint until the
period of 14 days has elapsed from the day of that service.
(4) Unless either
party to the proceedings on a complaint requests that the matter proceed
direct to a hearing and the Commissioner is of the opinion that good reason
exists for concurring with the request, the Commissioner must endeavour to
resolve the subject matter of the complaint by conciliation and—
(a) the
Commissioner may, before or during the course of the conciliation proceedings,
make an interim order about the subject matter of the complaint; and
(b) if
the matter is settled by conciliation, the Commissioner may make a final order
against the licensee reflecting the terms of the settlement,
(and the terms of an interim or final order under this subsection become
conditions of the licence).
(5) If the subject
matter of the complaint is not to be conciliated, or is not resolved by
conciliation, as the case may be—
(a) if
the parties to the proceedings request the Commissioner to do so—the
Commissioner must determine the matter; and
(b) in
any other case—the Commissioner must refer the matter for hearing and
determination by the Court.
(6) In hearing and
determining a complaint under this section, the Commissioner or the Court, as
the case may be—
(a) must
give the complainant, the licensee and any other person whom the Commissioner
or the Court thinks fit to hear an opportunity to be heard; and
(b) must
take into account—
(i)
the relevant history of the licensed premises in relation
to other premises in the vicinity and, in particular, the period of time over
which the activity, noise or behaviour complained about has been occurring and
any significant change at any relevant time in the level or frequency at which
it has occurred; and
(ii)
the unreasonableness or otherwise of the activity, noise
or behaviour complained about; and
(iii)
the trading hours and character of the business carried
out by the licensee on the licensed premises; and
(iv)
the desired future character of the locality in which the
licensed premises are situated as stated in any relevant provision of the
Planning and Design Code under the Planning, Development and Infrastructure
Act 2016 ; and
(v)
whether or not any environment protection policy made
under Part 5 of the Environment Protection Act 1993 , or guidelines
published by the Environment Protection Authority established under that Act,
applicable to the provision of live music on the licensed premises have been
complied with; and
(vi)
any other matter that the Commissioner or the Court
considers relevant.
(6a) On completing the
hearing of the complaint the Commissioner or the Court, as the case may be,
may—
(a)
dismiss the complaint; or
(b) make
an order against the licensee resolving the subject matter of the complaint.
(7) The order may add
to or vary the conditions of the licence.
(8) If a proposal for
settlement of the subject matter of the complaint is made in the course of
proceedings before the Commissioner, evidence of the proposal is inadmissible
in proceedings before the Court.
(9) An interim order
of the Commissioner under this section continues in force until the making of
a final order on the complaint by the Commissioner or the Court, or earlier
revocation of the interim order by the Commissioner or the Court.