Fighting Vexatious Noise Complaints

The AHA|SA has had several wins in the Licensing Court of South Australia, fighting noise claims against hotels. In significant victories for hotels and licensed premises, recent court rulings have underscored the importance of balancing community expectations with the social and economic benefits that hotels provide.

With urban infill and development bringing residential areas closer to established venues, noise complaints have become an increasing concern. The legal team engaged by the association successfully argued that licensed premises, particularly those with long-standing operations, should not be unfairly penalised for simply conducting normal business activities.

These cases have reaffirmed the principle that while residents have the right to quiet enjoyment of their homes, they must also accept a reasonable level of noise from established businesses.

One such case involved the Lord Exmouth Hotel (fondly known as The Monkey House), a historic pub first licensed in 1859. The court ruled that the hotel, which has long hosted live music, was not in violation of noise regulations.

The judge’s ruling also reinforced the necessity of supporting the live music industry and recognised the broader community benefits hotels provide.

Another key case revolved around the Elliston Hotel, which expanded its music offering after a change in ownership.

Nearby residential apartments made a noise complaint, but the court dismissed exaggerated claims of disturbance from various parties. It labelled as "preposterous” an assertion that noise from a batterypowered speaker could be heard 400 metres away to the extent it was likely to lead to the closure of a local caravan park.

The rulings confirmed that complaints must be substantiated and that businesses cannot be unduly burdened by frivolous objections.

The association’s legal team has also highlighted upcoming legislative changes that could further protect hotels from unreasonable complaints.

Under proposed amendments to the Liquor Licensing Act, complaints will need to be backed by signatures from 10 separate residences, preventing a small group of individuals from manipulating the process.

Additionally, new provisions will reinforce the "I was here first" principle, acknowledging that longstanding venues should not be penalised when new residents move into an established entertainment area.

How To Handle Noise Complaints

If your venue is subject to noise complaints, you should immediately contact Gary Coppola or Sarah Legoe at the AHA|SA.

Beyond courtroom victories, the association continues to advocate for practical solutions, helping members engage in constructive negotiations with residents where possible.

One recent case saw an inner-city hotel resolve complaints amicably by implementing minor modifications, demonstrating that cooperative approaches can benefit all parties.

These legal triumphs highlight the tangible benefits of association membership, saving hotels substantial legal fees, while ensuring their ability to operate without undue restrictions.

As noise complaints remain a persistent challenge, the industry’s proactive strategy serves as a critical safeguard for the future of hospitality and entertainment venues.

In the case of Elliston Apartments v Young Grey Nomads Pty Ltd trading as the Elliston Hotel heard in the Licensing Court of South Australia, His Honour Judge BP Gilchrist noted:

"In deciding where that balance should be struck it must be accepted that all licensed premises can reasonably be expected to generate noise and disturbance; of all types of licensed premises, the level of noise and disturbance emanating from a traditional hotel can reasonably be expected to be the greatest; and that hotel generally, and especially those in small country towns, can provide a significant community service. As a result of this, "otherwise legitimate grievances by individual members of the relevant committee might need to yield for the common good.”