132006.1631.1 - 2 Halse Lane Noosa Heads - advice of objection to vary liquor licence

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MCMAHON CLARKS LLC,AL


            We understand from discussions with OLGR that the Council has also been
            separately notified of the application by OLGR.

            We would appreciate receiving your confirmation that Council has lodged an
            objection to the proposed variation.




            Sincerely



         L'Mark Lyons
            Partner
            McMAHON CLARKE LEGAL
            Direct line: 07 3239 2981                                  tmdocs1-#332855-v1-

            Our ref: Mark Lyons:070481




            tmdocst-#332855-vt-                                                      Page 2

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                       LIQUOR ACT 1992
      NOTICE OF APPLICATION FOR VARIATION OF CONDITIONS
Applicant's Name:          Halse Lodge Guest House Pty Ltd

Premises:                  Halse Lodge Guest House , 2 Halse Lane, Noosa Heads

Principal Activity:        Commercial Other (Subsidiary On-Premises) licence - the provision of
                           accommodation and public dining.

Trading Hours:             10:00 am to 12 midnight - Monday to Sunday

Proposed Variation:        Provide amplified entertainment in the outdoor courtyard area.

OBJECTIONS TO THIS APPLICATION MAY BE FILED BY A MEMBER OF THE PUBLIC OVER THE
AGE OF 18 WHO HAS A PROPER INTEREST IN THE LOCALITY CONCERNED AND IS LIKELY TO BE
AFFECTED BY THE GRANT OF THE APPLICATION,

COPIES OF ANY OBJECTIONS OR SUBMISSIONS (INCLUDING OBJECTOR'S DETAILS) WILL BE
FORWARDED TO THE APPLICANT AND A CONFERENCE MAY BE HELD.

Grounds for Objection
(a) undue offence, annoyance, disturbance or inconvenience to persons who reside, work or do business in
the locality concerned, or to persons in, or travelling to or from, an existing or proposed place of public
worship, hospital or school;
(b) harm from alcohol abuse and misuse and associated violence;
(c) an adverse effect on the health or safety of members of the public;
(d) an adverse effect on the amenity of the community.

Format of Objections
Objections must be lodged in writing Individually or in petition form and must state the grounds for
objection. An objection in the form of a petition must be in a format stipulated in the Act and the
principal contact person should discuss the proposed petition with the Licensing Officer listed
below. A petition template Is able to be downloaded from the Office of Liquor and Gaming
Regulation website at www.oigr.gld.gov.au

A MEMBER OF THE PUBLIC MAY MAKE A WRITTEN SUBMISSION TO THE CHIEF EXECUTIVE
REGARDING whether the granting of this application will impact on the community, particularly relating to
matters which the chief executive must have regard under Section 116(6) of the LiquorAct 1992.

For further information on what is being proposed by the applicant, please contact on or email

Closing Date for Objections or Submissions:                 21 April 2011

Lodging Objections or Submissions:
Objections and/or Submissions should be lodged with:        Licensing Officer
                                                            Office of Liquor and Gaming Regulation
                                                            PO Box 819
                                                            Maroochydore QLD 4558

                                                            Phone: (07) 5459 8270

All objectors will be notified in writing when a decision has been made on the application.

                                                                                        Executive Director
                                                                  Office of Liquor and Gaming Regulation

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                                   LIQUOR ACT 1992

     OBJECTION BY MEMBER OF PUBLIC TO GRANT OF APPLICATION

Applicant's Name:         Halse Lodge Guest House Pty Ltd

Premises:                 Halse Lodge Guest House, 2 Halse Lane, Noosa Heads

Principal Activity:       Commercial Other (Subsidiary On-Premises) licence - the
                          provision of accommodation and public dining

Trading Hours:            10:00 am to 12 midnight - Monday to Sunday

Proposed Variation:       Provide amplified entertainment in the outdoor courtyard area.

Objector's Name:          Kjerulf David Hastings Ainsworth

Objector's Address:       2 Saville Terrace, Noosa Heads Qid 4567

I, Kjerulf David Hastings Ainsworth object to the application for the Proposed
Variation on the following basis:

1.       I am a person over 18 years of age who has a proper interest in the locality
         concerned and will be affected by the grant of the Proposed Variation.

2.       My principal place of residence is located at 2 Saville Terrace, Noosa Heads
         and is part of the Viridian Noosa Residences precinct on the corner of
         Mainwaring Rise at Noosa Heads.

3.       The Proposed Variation, if granted, will cause me and my family undue
         offence, annoyance, disturbance and inconvenience and will affect the amenity
         and my enjoyment of my principal place of residence for the following
         r:a t,ris:

         (a)      The amplified entertainment in the outdoor courtyard area of the
                  Premise will have the negative impact of increasing noise levels on my
                  principal place of residence which is entirely inappropriate for one of
                  Noosa's premier residential and holiday precincts.

         (b)      Interruption will be caused to the peace and enjoyment of my principal
                  place of residence and impact on all owners and holiday makers alike
                  in the Viridian Noosa residences.

         (c)      The loss of amenity and offence and annoyance caused by the
                  amplified area in the precinct is like to have the consequence of
                  impacting on the value of my principal place of residence or my ability
                  to rent or lease my principal place of residence in the future.

4.       The application is also in direct conflict with condition 11 of the development
         permit for the Premise and therefore should also not be approved on that basis.

Dated:    lb'- /-/ - i/




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