FAQs

Noise is managed under the provisions of the Environmental Protection (Noise) Regulations 1997 which allow different noise levels dependant on the type of premises receiving the noise (residential/ noise sensitive, commercial, or industrial) and the surrounding land uses and traffic volume on nearby roads. The regulations provide for events that would exceed the permitted levels for events such as concerts and community activities to gain conditional approved by the CEO in the form of a Regulation 16 approval for community events, a Regulation 18 approval for one-off events and Regulation 19B (Reg.19B) approval for events held at entertainment venues.

The Environmental Protection (Noise) Regulations 1997 were amended in 2013 after a consultation period involving local governments, stakeholder groups and community groups to introduce regulations to manage significant event venues.

Reg.19B aims to allow venues and approving authorities to reach a balance between venue requirements for holding events and remaining viable and the impact that those events have on surrounding residents.

The approval specifies:

• the number of events that can occur per year
• the start and finish times of events
• the permitted noise levels associated with the events

It also requires:

• a complaint process to be in place requiring notification of nearby neighbours of upcoming events. 
• that events are monitored by independent acoustic consultants to ensure compliance with required noise levels.

It should be noted that the approval is a decision of the CEO and not a Council decision.

Prior to the introduction of Regulation 19B approvals, venues such as Fremantle Prison were required to apply to the City for each event in the form of a Reg.18 licence, which were one off approvals. This ad hoc approach didn’t provide the necessary certainty for the Prison to plan events throughout the year, nor did it provide any real limit on the number of events that could be held at the venue.

To help the decision-making process of the Reg.19B approval, the City of Fremantle developed the Approval of Venues for Sporting, Cultural or Entertainment Events; Reg 19B Policy, which addresses the matters to be considered when assessing these approvals.

The Prison has applied for a Reg.19B approval to enable it to plan for upcoming events with greater surety than is currently offered via one off Reg.18 applications.  The approval will allow Fremantle Prison to approach artists and promotors knowing the venue approval is already in place, thus enabling the venue to attract higher profile acts and make it easier to co-ordinate with interstate and international tours.                    

The Fremantle Prison has agreed to a Regulation 19B licence approval that will:

• limit the number of events to 10 per year (running on the financial year)

• limit the number of consecutive events to 2 events per fortnight, Mon – Sun.

• limit event finish times to 10 pm 

• limit the duration of events to 5 hours maximum

It is important to note that the Reg.19B licence that has been developed is not increasing the number of events that the Prison has run annually over previous years.

The Prison's application is in line with the City's Policy for the Approval of Venues for Sporting, Cultural or Entertainment Events: Regulation 19B 

The approval of Fremantle Prison as a Reg.19B venue is unlikely to affect most inner-city residents, given that the sanctioned noise levels during an event are designed to minimise their spread. The Prison has hosted amplified events for over a decade, and the proposed approval will largely maintain the existing conditions that previous events and concerts have operated under.

Residents may benefit from the opportunity for Fremantle Prison to attract and host high profile and international acts at events they can attend in the future, pending the Approval of Reg.19B.

Fremantle Prison has the ability to apply to the CEO to vary the conditions of the Reg.19B approval should they see the need to have changes made for a particular opportunity to be made possible. 

An application of this nature by Fremantle Prison could see an extra event be scheduled or a particular event's finish time altered, however this would require significant justification from the venue.

The approval does allow for a limited number of events that would occur over 3 nights. This may be necessary if a particularly popular artist was to be attracted to the venue. In this instance, it will mean that the Fremantle Prison event season will be over quicker if events are grouped together in this manner.

Approval of the Fremantle Prison Reg.19B licence is for a period of 2 to 3 years, at which time a new application will be required. Community feedback on the performance of the Prison operating under the original approval will be sought when considering any new approval.

This approval does not set a precedent to other venues in the City of Fremantle as they can already make an application under the existing regulations.

Outdoor venues like Fremantle Oval and the Fremantle Esplanade have restrictions on the number of events they can host, as outlined in the City's Outdoor Event Policy. This policy aims to balance the benefits of hosting events with the need to minimise impacts on the community and maintain public amenities. 

Indoor venues will still need to comply with the requirements of the Environmental Protection Noise Regulations 1997 and the levels prescribed therein.

As has occurred with previous events hosted at Fremantle Prison, nearby residents will be notified of forthcoming events through a letter drop, which will include details such as the event's date, duration, and a contact number for complaints.

Letters will usually be distributed a week prior to an event taking place. Events will also be advertised on the Fremantle Prison website, as well as through other channels.

Noise levels set in the Fremantle Prison Reg.19B approval have been set over a period of time to be at a level that has the minimum impact on the wider community while still allowing for an enjoyable concert experience. The venue does not engage with bass-heavy events or artists, as these are likely to adversely affect neighbours.

If noise is unusually loud residents can contact the venue on a complaint line to register their concerns. Where practical, noise measurements may be taken from the concerned property.

Exceeding the approved noise levels may lead to the imposition of fines by the City of Fremantle on venues that violate the established limits.