Forcing music out 'crippling for the people of NSW'

A NSW judge's declaration that a music festival police refused to support was in fact "safe" is now being challenged by the NSW Police Commissioner as Australian music industry icons, including Daryl Braithwaite and Bernard Fanning, pile onto the Berejiklian government's "war on live music".

NSW Police late last year withdrew its support for the Bohemian Beatfreaks festival in the state's Northern Rivers, citing several site safety risks as well as fears over drug consumption.

Bernard Fanning is one of several Australian music identities who have put their names to an open letter claiming the NSW government has "declared war" on music.Credit: Tony Moore

During a Land and Environment Court hearing in November, acting Superintendent Toby Lindsay said NSW Police policies regarding music festivals had changed in light of the deaths of two young revellers at the Defqon.1 event in Penrith in September.

But in deciding in favour of festival organisers Rabbits Eat Lettuce, Justice Tim Moore said the safety fears had been met by the hefty increase in user-pay police, as well as harm minimisation measures deemed appropriate by the Superintendent himself.

Despite the event relocating to Queensland, the Commissioner is now appealing the decision in the NSW Supreme Court, with a hearing to be held later this year.

It comes as some of the biggest names in Australian music, including Vance Joy, Bernard Fanning and tour promoter Michael Chugg have put their names to an industry-wide call claiming the Berejiklian government has "declared war on live music and culture in NSW".

The open letter, backed by a coalition of Australia's biggest festivals, as well as Sydney's Gay and Lesbian Mardi Gras and ticketing stalwart Moshtix, says "knee-jerk" regulations coming into force at the beginning of next month are crippling the industry and forcing events to move interstate.

"Overbearing regulation, exorbitant police bills, a lack of respect for NSW businesses, and very little recognition of the significant positive impacts of music on our communities is forcing music out of NSW," the letter released on Wednesday said.

Iconic Australian tour promoter Michael Chugg.

The measures, pushed through amidst a flurry of drug overdoses at music festivals, hand regulatory power to Liquor and Gaming NSW to oversee safety, policing and liquor licensing requirements in a move industry members say are unreasonable and have the potential to bankrupt events.

Singer Braithwaite told the Herald NSW, which he said prided itself on "having the best of many things" was at risk of becoming a 'nanny state'.

"NSW wouldn’t like to be the only state in Australia that doesn’t have festivals," he said.

"To shut them down … or make it so tight they won’t be able to run them, which will be crippling for the people of NSW."

Michael Chugg, of Chugg Entertainment, said the state would be robbing itself of up $100 million a year.

A 'Don't Kill Live Music' rally is set to be held in Hyde Park from 6pm on February 21.

The combined statement follows the cancellation of Mountain Sounds music festival, which was due to take place on the Central Coast this weekend, with its organisers claiming they were "blindsided" by the imposition of a $200,000 bill for extra police.

Following the cancellation, a spokesman for the government said music festivals are "a significant part of NSW’s entertainment scene, and an important part of NSW’s economy", but that the government owes it to people attending to ensure they are safe.

"That’s why we have acted to improve safety at music festivals by implementing the recommendations of an expert panel which provided a balanced set of measures to help keep people safe at music festivals," the spokesman said.

With Laura Chung