Parliamentary Report on an Enquiry Into the Music and Arts Economy In
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LEGISLATIVE COUNCIL Portfolio Committee No. 6 – Planning and Environment The music and arts economy in New South Wales Ordered to be printed 15 November 2018. Report 8 - November 2018 i LEGISLATIVE COUNCIL The music and arts economy in New South Wales New South Wales Parliamentary Library cataloguing-in-publication data: New South Wales. Parliament. Legislative Council. Portfolio Committee No. 6 – Planning and Environment. The music and arts economy in New South Wales / Portfolio Committee No. 6 – Planning and Environment [Sydney, N.S.W.] : the Committee, 2018. xx, 331 pages ; 30 cm. (Report no. 8 / Portfolio Committee No. 6 – Planning and Environment) “November 2018” Chair: Hon. Paul Green, MLC. ISBN 9781922258649 1. Popular culture—Economic aspects—New South Wales. 2. Popular music—New South Wales. 3. Music—Performance—New South Wales. 4. Performing arts—New South Wales. I. Green, Paul. II. Title. III. Series: New South Wales. Parliament. Legislative Council. Portfolio Committee No. 6 – Planning and Environment. Report ; no. 8 781.639944 (DDC22) ii Report 8 - November 2018 PORTFOLIO COMMITTEE NO. 6 – PLANNING AND ENVIRONMENT Table of contents Terms of reference vii Committee details viii Chair's foreword ix Findings xii Recommendations xiii Conduct of inquiry xix Chapter 1 An overview of the music and arts and night-time economies in New South Wales 1 The music and arts economy 1 Create NSW 2 Government action to support the music and arts economy 2 The night-time economy 4 Sydney's night-time economy 4 Music, the arts, the night-time economy and government 8 Chapter 2 The potential of contemporary music in New South Wales 9 The economic contribution of contemporary music 9 The fractured music ecosystem 12 Funding and strategy in other jurisdictions 13 Victoria 14 South Australia 17 Music expertise in Create NSW 18 Strategic plan for contemporary music 20 Funding for contemporary music 23 Industry organisations 28 Live Music Office and MusicNSW 28 Chapter 3 The live music venue crisis 31 Importance of live music venues 31 Closure of live music venues 32 Response to closure of live music venues 34 The effect of lockouts on live music venues 36 Report 8 - November 2018 iii LEGISLATIVE COUNCIL The music and arts economy in New South Wales Newcastle lockouts 39 Consequences following from the closure of live music venues 41 Destroying career pathways for musicians 42 Devastating the national touring network 45 Adversely affecting Sydney's cultural reputation 45 Impact of closures on other businesses 47 Live music venues in regional areas 48 Youth venues and all ages events 51 Establishing whether there is a link between music and violence 52 Gaming machines in live music venues 55 Clubgrants 55 Other cultural infrastructure 57 Investing in small to medium arts venues 58 Chapter 4 The Sydney Night-Time Economy Roundtable Action Plan 63 Background to the Sydney Night-Time Economy Roundtable 63 Lockout precincts in the Sydney CBD and Kings Cross precincts 63 The Callinan review 64 The Sydney Night-Time Economy Roundtable Action Plan 65 The NSW Government response to the Sydney Night-Time Economy Roundtable Action Plan 66 Implementation of the government's response to the Action Plan 68 Governance 69 Development of a masterplan 72 A central repository of NTE data 73 City planning and precincts, review of entertainment noise regulations, and major music events within the NTE precincts 74 Media and marketing, and promoting vibrancy and diversity 78 Transport 80 Chapter 5 Support, remuneration and education for musicians 85 Musicians 85 Providing a safety net for musicians 89 Parking 91 Music and young people 94 Music education in schools 94 Regional conservatoriums 96 Support for tertiary education 97 Chapter 6 Development consent and managing land use conflict 99 Applying for development consent 99 iv Report 8 - November 2018 PORTFOLIO COMMITTEE NO. 6 – PLANNING AND ENVIRONMENT Issues raised by stakeholders about the development consent process 100 Proposals to simplify the development consent process 105 NSW Government response to development consent processes and controls for venues hosting live entertainment 107 Land use conflict 111 Proposals to overcome land use conflict 113 Cultural hubs 121 Chapter 7 Liquor licensing 125 Applying for a liquor licence 125 Liquor licensing conditions that restrict or prohibit live entertainment 126 Duplication of liquor licensing and development consent processes and conditions 133 Proposals to remove duplication from liquor licensing and development consent processes and conditions 136 NSW Government response to addressing duplication 137 Police involvement in liquor licensing processes 140 Live music licence 143 Chapter 8 Noise 145 Noise regulations 145 Noise complaints 147 Proposals to address noise regulations 153 NSW Government response to stakeholders' concerns 154 Chapter 9 Festivals 157 The importance of festival culture 157 Challenges associated with planning festivals 158 Restrictive regulation 158 Proposals for reform 167 Availability and suitability of festival sites in Sydney 169 Funding 170 Chapter 10 Commercial radio, community radio and streaming services 175 Commercial radio 175 Australian content requirements on commercial radio 176 Community radio 178 triple j 181 Report 8 - November 2018 v LEGISLATIVE COUNCIL The music and arts economy in New South Wales Streaming services 182 Appendix 1 Submissions 189 Appendix 2 Witnesses 202 Appendix 3 Liquor licence conditions prohibiting or restricting entertainment provided by Liquor and Gaming NSW 210 Appendix 4 Proposed licensing conditions to be imposed on the Sydney Fringe Festival 235 Appendix 5 Live music industry code of conduct 238 Appendix 6 Implementation of Sydney Night Time Economy Roundtable Action Plan – status at June 2018 240 Appendix 7 Implementation of Sydney Night Time Economy Roundtable Action Plan – status at October 2018 243 Appendix 8 Judgement of Judge GD Woods in Andrew James Biggs v R (the Terrigal Hotel District Court Judgement) 252 Appendix 9 Minutes 262 Appendix 10 Dissenting statement 330 vi Report 8 - November 2018 PORTFOLIO COMMITTEE NO. 6 – PLANNING AND ENVIRONMENT Terms of reference That Portfolio Committee No. 6 - Planning and Environment inquire into and report on the music and arts economy in New South Wales, including regional New South Wales, and in particular: (a) progress on the implementation of the Government response to the New South Wales Night- Time Economy Roundtable Action Plan, (b) policies that could support a diverse and vibrant music and arts culture across New South Wales, (c) policies that could support the establishment and sustainability of permanent and temporary venue spaces for music and for the arts, (d) policy and legislation in other jurisdictions, and options for New South Wales including red tape reduction and funding options, and (e) any other related matter. The terms of reference were referred to the committee by the Legislative Council on 23 November 2018.1 1 Minutes, NSW Legislative Council, 23 November 2017, p 2233. Report 8 - November 2018 vii LEGISLATIVE COUNCIL The music and arts economy in New South Wales Committee details Committee members The Hon Paul Green MLC Christian Democratic Party Chair The Hon Shayne Mallard MLC Liberal Party Deputy Chair The Hon Catherine Cusack MLC* Liberal Party The Hon John Graham MLC* Australian Labor Party The Hon Taylor Martin MLC* Liberal Party The Hon Penny Sharpe MLC Australian Labor Party Ms Dawn Walker MLC* The Greens * The Hon Catherine Cusack MLC is substituting for the Hon Matthew Mason-Cox for the duration of the inquiry. * The Hon John Graham MLC is substituting for the Hon Ernest Wong MLC for the duration of the inquiry. * The Hon Taylor Martin MLC replaced the Hon Lou Amato MLC as a substantive member of the committee from 30 November 2017. * Ms Dawn Walker is substituting for Mr Jeremy Buckingham for the duration of the inquiry. Contact details Website www.parliament.nsw.gov.au Email [email protected] Telephone (02) 9230 3368 viii Report 8 - November 2018 PORTFOLIO COMMITTEE NO. 6 – PLANNING AND ENVIRONMENT Chair's foreword Music, particularly contemporary music, continues to play a vital role in the economic and social vitality of New South Wales. However, this sector has traditionally been neglected by governments, and as a result the contemporary music ecosystem in New South Wales appears to be slowly disintegrating. This is disappointing as there is significant economic benefit in the performance of live music. New South Wales has the largest share of Australia's contemporary music activity. In 2016, the state generated the highest share of contemporary music revenue at $157.6 million and 1.91 million people attended contemporary music performances. In fact, the committee received evidence that in 2014, live music making in Australia enabled at least $15.7 billion worth of physical, human, social and symbolic capital in individuals firms and communities benefits across the community. Recently, ARIA asserted that Australia's music industry has the potential to achieve a five per cent share of the global music market and our committee wants much of this new music to come from New South Wales to ensure that our stories and experiences are shared around the globe. While there are many recommendations, I personally think that its time the NSW Government give music the attention it deserves given its importance to the state's economy, so, the committee has recommended that the Premier appoint