NSW – HENDRY building certifiers need to remind clients that NSW legislation was amended with the inclusion of the terminology “Entertainment Venue” to replace the previous “Place of Public Entertainment” (PoPE) terminology and the related PoPE licensing system under the building regulations.

The intention of these (entertainment venue) amendments is to facilitate the use of live entertainment at pubs, restaurants and registered clubs around New South Wales by removing unnecessary regulation in particular the previous need for development consent and PoPE licensing, while at the same time retaining appropriate safeguards for public amenity and safety in an entertainment venue.

As such, in lieu of a wide range of entertainment venue uses previously captured under the old PoPE regulations, the new definition of ‘Entertainment Venue’, in place of the old PoPE terminology, together with the existing related provisions within the NSW Variations in the Building Code of Australia (BCA) are now applicable to a much narrower range of entertainment venue uses being:

  • Cinemas;
  • Theatres;
  • Concert Halls;
  • Indoor Sports Stadiums.

Accordingly, PoPE licences are no longer required for pubs, restaurants and registered clubs around NSW as long as the live entertainment is supplementary to their main business and does not change the principal use of the venue. Such venues are no longer required to undertake expensive upgrades to have live music. However, the conditions on a venue’s development consent and liquor license remain in force. Similarly, for new entertainment venues, PoPE licenses will not have to be applied for as live entertainment will be covered in their development applications.

Building Legislation Table

Refer to our Building Legislation Table for further information on the building control process.