Many City of Sydney venues are granted later trading hours on a trial basis. A trial lets council test how a venue operates before committing to permanent hours. Keeping those hours depends on two things: how the venue performs during the trial, and how and when you apply to continue them.
Why councils use trial periods
Trading hours in the City of Sydney are guided by the late night trading provisions of the Sydney Development Control Plan 2012. These provisions set base and extended hours depending on the precinct and the type of venue. Where a venue seeks hours beyond the base, council may approve the extra hours for a limited trial, with conditions requiring a Plan of Management and good operating practice.
What council looks at when a trial ends
- Complaints and compliance history. Records of complaints, police involvement and compliance with conditions during the trial.
- Management. Whether the Plan of Management has been followed, and whether it remains fit for purpose.
- Context. Changes in the surrounding area, including new residents nearby.
- Policy. The late night trading provisions in force at the time of the new application.
How the application is made
Continuing or making permanent the trial hours is usually done through a modification of the consent under section 4.55 of the Environmental Planning and Assessment Act 1979, supported by an updated Plan of Management and evidence of how the trial has gone. The right pathway depends on the wording of your consent, so read your conditions carefully.
Do not leave it late. If a trial expires before a new approval is in place, the venue may have to revert to its base hours while the application is assessed. Plan the application well ahead of the trial end date.
Building a strong case
- Keep records throughout the trial: incident logs, complaint responses, staff training and any changes made to management.
- Review the Plan of Management against how the venue actually operates, and update it.
- Consider acoustic or operational evidence if noise has been raised.
- Engage early with neighbours where there is history.
- Lodge with enough time for assessment before the trial ends.
How we help
EH Planning prepares modification applications and Plans of Management for small bars, restaurants and late trading venues. Ethan assessed applications of this kind at the City of Sydney and understands how trial outcomes are weighed.
This article is general information only. Controls and policies change, so please get advice on your venue's specific consent.