HRP18103.L03.004 · MCU16/0133.01

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         beverages. However, the sale food and beverages would certainly not occur on this site or in the
         configuration of the development without the on-site production of alcohol. Therefore, the production
         of alcohol is the primary activity of the premises, not the sale of liquor;
     •   Regardless of the fact that activities such as bingo, live music, and happy hour, are included on the
         business’ Facebook and website, these activities are not the primary use of the site. The activities
         seek to create a variety of experiences and varied marketing collateral to keep the business
         prominent and active;
     •   Indeed, the activities described above can, and do, form part of activities that may occur within not
         only restaurants and cafes, but are also now prominently included as activities related to such
         diverse uses as nursing homes and school fairs. The occurrence or frequency of these activities
         does not lessen the development’s ability to both allow for industrial production and to serve food
         and beverages, and does not offend any of the defining characteristics of the Type 1 – Food &
         Beverages definitions;
     •   The light entertainment activities are not necessarily associated with the consumption of alcohol, and
         do not elevate the consumption of alcohol to be the primary use; and
     •   In addition to the identified activities, the business’ Facebook and website also advertises the
         availability of consuming a meal without the necessity of consuming alcohol.
On this basis, we respectfully submit that as the development including the proposed minor change is not
primarily for the serving of liquor, Council’s proposed classification of the use as a Type 3 – Bar use is an
incorrect interpretation of the Planning Scheme.
We submit that the existing and proposed scale and nature of food and beverages operations are fully
encompassed within the definition of Type 1 – Food and Beverages, and there are no elements of the
existing or proposed operation that contradict the intent of the definition of Type 1 – Food and Beverages.
Therefore, the existing Development Permit appropriately provides for the activities occurring on the site.

2.       COMPARABLE DEVELOPMENTS WITHIN NOOSA

As justification to support the contention that the proposed minor change introduces a new use onto the site,
Council has relied on the fact that a range of light entertainment activities, such as bingo, happy hour and
meal specials such as Taco Tuesdays, are advertised on the business’ websites.
By point of comparison, we have undertaken our own searches on Facebook and websites of other
businesses within Noosa that would be considered traditional ‘café’ and ‘food and beverages’ outlets. A brief
desktop review of the following two businesses found that:
     •   Bistro C, located at Noosa Heads, is advertised as offering live music, live DJs every Saturday and
         Sunday afternoons, New Year’s Eve and Melbourne Cup events, amongst other drink and food
         specials; and
     •   Café le Monde, located at Noosa Heads, offers a $10 bar menu between 4pm and 5pm (which could
         be described as ‘happy hour’), Thursday acoustic guitar sessions, Friday band nights, Saturday
         trading until late, New Year’s Eve and Melbourne Cup events, and a pizzeria and bar offering pizzas,
         fine wines, cocktails and craft beers.
Albeit not an exhaustive list, it is likely that a similar search of other business advertised as typical café and
restaurant establishments would similarly offer happy hour, live music and special events.
Consequently, the inclusion of similar activities within the subject business should not preclude the business
from being considered as a typical ‘café’ or ‘food and beverages’ establishment. Instead, it should be
recognised that such activities and events are typical of a modern food and drink establishment looking to be
inventive and competitive by offering a variety of experiences to tourists and local patrons alike. In this way,
the classification of Type 1 – Food and Beverages for this development remains appropriate.