The variation to the liquor license would result in an increase in noise with the increase of patrons and the provision of outdoor seating on the public footpath. This has significant detrimental social effects on the area.
Castella Street is a quiet street. There is a museum and a children's park about 200 metres away. The existing commercial premises immediately surrounding are offices and shops which do not draw considerable noise. The environment is generally considered peaceful.
The applicant has been granted a liquor license 32378653, which is subject to conditions. the license allows for the operation of a licenced music venue from 1pm to 1am daily, hours which include operating during ordinary business hours. This means offices and shops that operate in the immediate area will be affected during ordinary business hours by the increase in noise if alcohol is served outside of the premises.
The applicant has liquor licence 32378653, which is subject to conditions. If the proposed amendments are granted, it would be difficult for remain compliant with licence conditions.
Liquor license 32378653 condition: amenity
'The licensee shall not cause or permit undue detriment to the amenity of the area to arise out of or in connection with the use of the premises to which the licence relates during or immediately after the trading hours authorised under this licence.'
The amenity of the area would be seriously and detrimentally affected if the variation of the license was granted and extended to outdoor seating in a public space. This is due to considerable noise disturbance during business hours and the potential for outdoor alcohol service to attract unsocial behaviour and incidents associated with intoxicated patrons. Those disturbances would detrimentally affect 5 Castella St’s quiet enjoyment of the premises and cause a deterioration in the amenity of the area.
Liquor license 32378653 condition: type of licence
'This licence is an on-premises licence and authorises the licensee to supply liquor on the licensed premises for consumption on the licensed premises during the trading hours specified below.'
The applicant’s liquor licence is ‘on-premises’ and was granted on the basis that the applicant would not be serving alcohol in outdoor areas on the public footpath. The nature of the applicant’s operations substantially changes if the outdoor service of alcohol commences.
The conditions were imposed for a reason to ensure the objectives of responsible service of liquor in Victoria were upheld. There is a significant risk those objectives will not be upheld by the applicant if the variation is granted
