Places of Public Entertainment

Authorisation of the use of public buildings and contained public events was transferred in 1994 from the Health Act to the Building Act. Public entertainment in a place of public entertainment can only be conducted if an occupancy permit has been obtained under Division 2 of Part 5 of the Building Act.

The following table lists the fundamental requirements:

Public Entertainment?

Definition: A place used or intended to be used for entertainment or meeting to which admission may ordinarily be gained by members of the public or a building used for providing entertainment or meeting (irrespective of admission).

A Place of Public Entertainment

Note: An Occupancy Permit issued under Division 2 of Part 5 of the Building Act is required for any or all of the following:

  • a public assembly building with a floor area of more than 500 m2
  • a place used or intended to be used for public entertainment of an area of more than 500 m2:
    which is enclosed or substantially enclosed; or
  • to which admission can be gained by payment of money or the giving of other consideration
    tents, marquees or booths with a floor area greater than 100m2
  • seating stands for more than 20 persons
  • stages or platforms (including sky borders and stage wings) exceeding 150m2 in floor area
    prefabricated buildings exceeding 100m2 other than ones placed directly on the ground surface

An application for an occupancy permit must be made:

in the case of 1 & 2 to the Municipal Building Surveyor
in the case of 3, 4, 5, 6 & 7 to the Victorian Building Authority