Live music in the ACT tied up in red tape

But there is hope as the ACT Government considers changes to liquor licensing, which would recognise the importance of live music venues to the ACT economy, provide exemptions for one-off performances and allow smaller and pop-up venues to operate flexibly.

MusicACT, a peak body formed in 2010 by music supporters, and the Live Music Office, which provides national advocacy, have written a report to the Government outlining the impediments to Canberra having a thriving music and cultural scene.

"Cool Little Capital" acknowledges the potential for the ACT to draw tourism dollars and local investment in live music, but warned venues had closed and some operators had given up in the face of continued bureaucratic hurdles.

The report cites the experience of popular Transit Bar and now defunct Toast, both of which suffered from the establishment of the Waldorf Hotel, which was constructed without double-glazing despite being in an area that had operated live music for many years.

"The proprietor of Toast went to considerable effort and expense to try and rectify the issue by making modifications to the venue, including moving the stage and amplification to direct sound away from The Waldorf, lifting speakers off the floor and installing acoustic foam, curtains and building alcoves at entrances to trap sound," the report said.

"Despite only ever once being found to exceed the sound limits, Toast was charged on multiple occasions by the Liquor Board with causing undue disturbance or causing a loss of amenity. In most cases these charges were dismissed at the tribunal due to lack of evidence. After six years, the proprietor was worn down by the process and one of Canberra's finest music venues was closed."

In Transit Bar's case, it continues to attract a number of internationally significant acts, hip-hop artists and touring DJs, but has been forced to end music on most nights at midnight despite having a 4am licence.

The report noted the protracted land use conflicts at the NewActon Cultural Precinct – where live music has been subject to noise complaints from a small minority, while the Kingston Foreshore has seen complaints from residents living above venues attempting to provide a "dynamic entertainment scene".

The report recommends noise levels be measured from inside residences with doors and windows closed, rather than taken from balconies.

It also calls for a reassessment of mixed-use land development rules as well as greater planning flexibility regarding pop-ups and low-risk entertainment venues and the adaptive re-use of buildings.

Music ACT president and part-time professional musician Gavin Findlay said the ACT had the highest national levels of participation in music and cultural activities.

"Canberra is really having its moment and it is clear from events such as Groovin the Moo that there is a huge appetite for music here, but we are seeing some really tricky hurdles to overcome."

Both MusicACT and the Live Music Office have been lobbying the ACT Government since last year to form a roundtable to address the various complex layers of bureaucracy and planning regulation.

But they were delighted this month to see ACT Attorney-General Simon Corbell release a white paper on Liquor reform which includes their recommendations within a broader regulatory review. The paper is out for public consultation until May 13.

The White Paper notably makes provision for live music references to be included in the object of the Act in order to take into account the interests of the sector.

It also provides scope for licensees to have several extended trading hour authorisations per year, which would allow for one-off performances and events, and exempts non-profit community organisations from having to obtain a permit to see liquor at up to six fundraising functions per year.

This is significant because many music and cultural organisations are not-for-profit and also provide performance opportunities for artists.

ACT Chief Minister Andrew Barr said it was no surprise he wanted Canberra to become a "cool little capital" and to do so it needed a vibrant music scene.

"Most Canberrans enjoy live music and want more in this city. I want to work with the local music scene to make this happen," Mr Barr said.

"We're making business easier for music venues and there are options under discussion in our liquor white paper that are tailor made for music."

Mr Barr noted that helping Canberra entrepreneurs open new venues was one of the main reasons he created the Access Canberra agency - in order to make regulation simple.

Live Music Office policy director John Wardle said the liquor licensing changes were a positive first step, but more needed to be done and the ACT needed a large-scale regulation roundtable for the longer term.

"SA, VIC, WA and now NSW have regulation roundtables where government agencies responsible for regulating or funding the live music industry convene with artists, venues and the hospitality industry to build relationships, capacity, communication and work together towards better regulation."