2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     7 JUNE 2016


Further comment was sought from Office of Liquor and Gaming Regulation (OLGR) staff. They
indicated formal breach action has been in abeyance pending this development application.
OLGR’s Senior Compliance Officer provided the following written statement:

Under section 47 of the Liquor Act 1992, I am able to disclose certain particulars to you, as
follows:
   A liquor licence was approved over this site on 17 April 2014.
   The site was identified as being noise sensitive during the application process and the
     licence was conditioned so as to require patrons who were consuming liquor in the outdoor
     area to be restricted by way of having to be seated. The application for the licence advised
     seating capacity as being 22 indoors and 40 outdoors.
   The first noise complaint was received by OLGR on 21 May 2014.
   Noise complaints have been ongoing since that time.
   Complaints predominantly relate to noise from patrons in the outdoor area.
   The licensee attempted some noise attenuation by building a fence, along the boundary
     line fronting Bottlebrush Avenue, in the latter part of 2014. This did not prove effective.
   On 7/3/2015, OLGR established that there was unreasonable noise emanating from
     patrons in the outdoor area and this was made known to the licensee.
   In June 2015, the licensee made application for the abovementioned seating condition to
     be removed from the liquor licence and, as a result, OLGR became aware that the Council
     approved use did not extend to the outdoor area.
   OLGR is also aware that submissions have been made to Council in relation to noise
     attenuation works over the site, to mitigate the patron noise emanating from the premises.
   OLGR is awaiting the outcome of the application to Council, to determine the approved use
     for the outdoor area and any related noise attenuation works, before taking any further
     action in relation to the noise complaints.
Discussions with OLGR officers indicate noise complaints continue to be received. Note that
once a development permit is issued for this application, enforcement of noise limits will broadly
be the responsibility of OLGR.

The applicant’s submission seeks to amend Condition 3 recommended in the previous staff
report to allow it to continue to use of the outdoor area to 12pm, 7 days a week. This change is
not supported for the reasons previously identified in the assessment report and the previous
recommendation is maintained.

Patron numbers and seating

Recommended Condition 4 would limit outdoor patrons to roughly the observed seating numbers
on site (54 seats were counted and 50 were conditioned) and require patrons to be seated.
These provisions aimed to help address patron noise and maintain reasonable expectations for
the dining use sought by Village Bicycle under both its planning and liquor applications. The
submission seeks to amend the condition to allow for 70 “allocated” seats. Notably, OLGR
advises the liquor licence application lists seating capacity at 40. The change is not supported
and the previous recommendation is maintained.




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