Conditions: Exchange Hotel, 34-36 Oxford Street

Outdoor rear smoking courtyard - approved 7 November 2008

Consent to use an 11sqm outdoor courtyard on the north-eastern side of the ground floor includes the following conditions:

• MAXIMUM POPULATION
  A maximum number of 8 patrons are permitted to use the smoking courtyard at any one time.
• NO CONSUMPTION OF BEVERAGES
  There is to be no consumption of beverages (alcoholic or otherwise) AT ANY TIME within the smoking courtyard.
• HOURS OF OPERATION - SENSITIVE USES
  The hours of operation are regulated as follows:
  1. The hours of operation must be restricted to between 10am and 10pm, 7 days a week.
  2. Notwithstanding (a) above, the use may operate between 10pm and 1am, 7 days a week, for a trial period of 12 months from the date of consent.
  3. A further application may be lodged to continue the trading hours outlined in (b) above before the end of the trial period. Council’s consideration of a proposed continuation and/or extension of the hours permitted by the trial will be based on, among other things, the performance of the operator in relation to the compliance with development consent conditions, any substantiated complaints received and any views expressed by the Police.
• NO SPEAKERS OR MUSIC OUTSIDE
  Speakers must not be installed and music must not be played in the smoking courtyard. The door to the smoking room is to remain closed at all times to prevent noise spill from hotel.
• NEIGHBOURHOOD AMENITY
  
  1. Signs must be placed in clearly visible positions within the smoking courtyard requesting patrons to be quiet and to have regard to maintaining the amenity of the area.
  2. The management/licensee must ensure that the behaviour of patrons within the smoking courtyard does not detrimentally affect the amenity of the neighbourhood. In this regard, the management/licensee must be responsible for the control of noise generated by smoking to the satisfaction of Council. If so directed by Council, the management/licensee is to employ private security staff to ensure that this condition is complied with.
• COMPLAINTS
  Should noise complaint be received by Council from a place of different occupancy (including commercial premises) and the complaint being substantiated by a Council Officer, the use of the smoking courtyard shall cease operation until “attenuation works” are carried out so as that the premises complies with the relevant “Noise Control“ condition.
• NOISE - USE (LICENSED PREMISES) Noise caused by the approved use including music and other activities must comply with the following criteria:
  
  1. The use must not result in the transmission of “offensive noise” as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy.
  2. The L10 noise level emitted from the use must not exceed 5dB above the background (L90) noise level in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 7.00am and 12.00 midnight when assessed at the boundary of the nearest affected property. The background noise level must be measured in the absence of noise emitted from the use.
  3. The L10 noise level emitted from the use must not exceed the background (L90) noise level in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00 midnight and 7.00am when assessed at the boundary of the nearest affected property. The background noise level must be measured in the absence of noise emitted from the use.
  4. Notwithstanding compliance with (a) and (b) above, the noise from the use must not be audible within any habitable room in any residential property between the hours of 12.00 midnight and 7.00am.

You can read Council's full Notice of Determination here