Page 2840 - Week 09 - Thursday, 27 September 2007

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(5) Has the Minister had contact with the Waldorf Hotel over noise complaints regarding Toast nightclub; if so, (a) what kind of contact occurred (eg email, a meeting) and (b) when did this contact occur.

Mr Stanhope: The answer to the member’s question is as follows:

(1) The Environment Protection Authority (EPA) has received complaints concerning noise being emitted from Toast Café and Bar originating from the following sources:

• amplified music from Toast Café and Bar; and

• people talking, yelling and screaming at Toast Café and Bar.

Noise from a person using only his or her body is exempted under the Environment Protection Act 1997 (the Act).

(2) The EPA has investigated reports of excessive noise originating from Toast on 23 occasions since September 2003. On four occasions the noise from amplified music was measured above the noise standard.

(a) Noise standards were exceeded once in September 2004 and the other three in times in April/May 2005.

(b) The legal limit is 50dB(A).

April 2005 – 4.7dB(A) above the permitted noise level;

April 2005 – 8dB(A) above the permitted noise level; and

May 2005 – 2.5dB(A) above the permitted noise level.

(3) Action taken over breaches include:

• September 2004, a warning letter was issued.

• April 2005, an infringement notice and an Environment Protection Order were issued for the offences in April 2005. The Environment Protection Order, on advice from the ACT Government Solicitor, was withdrawn.

• May 2005, another warning letter was issued.

Since June 2005, 15 complaints have been received from the Waldorf. On each occasion the noise emissions from amplified music complied with the Act. The EPA undertook a review of the circumstances and frequency of complaints from the Waldorf in mid November 2006. The Review indicated that, since the EPA’s ‘regulatory’ action, Toast had been managing their noise emissions.

(4) No special instructions have been given, however, as a result of the November 2006 review Environment Protection Officers were advised to attend to noise complaints from the Waldorf Apartments where the complaint referred to noise of a different nature to the 15 complaints previously investigated. Where the complaint alleged that the noise source was different in nature, either perceived as being louder or from a different source, Environment Protection Officers would investigate.

(5) An email was received on 23 July 2007 from Waldorf management. A representative from my office met with Waldorf management on 6 August 2007.

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