Cafes and restaurants

From the start of 2010, restaurants and cafes have been transitioned from an On-premises licence to the new Restaurants and cafes licence. The new licence has the following clause on it:

(c) the licensee must not permit -
      (i) the live performance of any musical works; or
      (ii) the playing of any recorded musical works -
on the premises at higher than background music level at any time
outside ordinary trading hours.

“Ordinary trading hours” for these businesses is 11pm.

Note - “ordinary trading hours” is a set time over all premises in the licence category, and is independent of the licence time. For example, a restaurant can have a 3am licence but still have to stop the music at 11pm.

I really do think music shouldn’t be mentioned on a licence at all, and an 11pm music curfew is very early for many mature, non-violent people.

Are these licence conditions on small venues typically employing up to 3 musicians stopping alcohol-fuelled violence?

Restaurant and Cafe Licence - on the Department of Justice website
Changes to liquor licence categories (pdf) - fact sheet
Liquor Licences Online - look up the licence of a restaurant you know, to see music clause