An Occupancy permit is required to be obtained for a public entertainment conducted in a Place/Building as defined below.
A place of public entertainment is a building or place used or intended to be used for conducting public entertainment or a public meeting - being either of the following:
- A public assembly building of more than 500m2 or
- A place of more than 500m2, which may include the erection of a prescribed temporary structure being one of the following:
- A seating stand for more than 20 persons
- A marquee of more than 100m2
- A tent of more than 100m2
- A booth of more than 100m2
- A stage or platform of more than 150m2
Public Entertainment means an entertainment or meeting to which admission may ordinarily be gained by members of the public.
Circus, Rodeo, Cinema in the Park, Community Fair / Show (eg Show), Kids Carnival, Community Cup, Live Performances (e.g. rock concerts)
The regulations exempt community-based organizations from the requirements of an occupancy permit for place of public entertainment, if
- The event is organized and controlled by a community-based organization.
Note: For the purposes of the regulations, a community-based organization means a body, whether or not a corporate body, that –
1. Is not established primarily for the purposes of profit or gain; and
2. Does not distribute any part of the any profit or fain made in the conduct of its activities to any member of the organization; and
3. Operates in a community wholly for –
- A philanthropic or benevolent purpose, including the promotion of art, culture, science, religion, education or charity; or
- Any sporting or recreational purpose, including the benefiting of any sporting or recreational club or association.
- The public entertainment is conducted in an outdoor recreational facility (e.g. football ground, park, reserves) greater than 500m2, and
- No prescribed temporary structures are erected, and
- The number of persons in the place at any one time during the event or activity is less than 5000 persons.
A siting of a prescribed temporary structure is required to be obtained prior to erection of any of the following temporary structures (whether or not a POPE is also required):
- Tents, marquees or booths with a floor area greater than 100m2, or
- Stages or platforms (including sky borders and stage wings) exceeding 150m2 in floor area, or
- Seating stands for more than 20 persons, or
- Prefabricated buildings exceeding 100m2 other than ones placed directly on the ground surface.
A prescribed temporary structure will (listed above) must have a current Occupancy Permit issued by the Victorian Building Authority (VBA) and must be sited independently of any other building or other temporary structures.
See the Victorian Building Authority website below for more information.