(b) The extended hours of operation relate to the following areas as generally identified on sketch plan no 1 prepared by Tony Dodd Architect and endorsed by the Responsible Authority on 3 June 2009 (sheet 1 of 2) under condition 2:

• The main lounge area and associated bar and toilet facilities.
• The public bar area and associated bar and toilet facilities.
• The internal staircases providing access between ground and first floors.

• The lounge and bar areas and associated bar and toilet facilities.
• The terrace area.
• The internal staircases providing access between ground and first floors.

(c) On Friday and Saturday night no additional patrons are permitted to enter the hotel premises after 2.30 am the following day.

1. After condition 7, insert the following new conditions -

7A (a) This condition applies to the additional extended hours allowed by the Victorian Civil and Administrative Tribunal in Proceeding P2288/2010.

(b) Before any of the additional extended hours allowed by the Victorian Civil and Administrative Tribunal in Proceeding P2288/2010 (and included in condition 7) start, a plan (the 'extended hours plan') must be submitted to and approved by the Responsible Authority.

(c) The extended hours plan must be generally in accordance with the plan endorsed by the Responsible Authority on 3 June 2009 referred to in condition 7 but modified to show, to the satisfaction of the Responsible Authority, the areas of the hotel premises to which the extended hours allowed by condition 7 apply.

(d) When approved by the Responsible Authority, the extended hours plan, if inconsistent with the plans endorsed under conditions 1 or 2, prevails over those plans but only to the extent of identifying the areas of the hotel premises to which the extended hours allowed by condition 7 apply.

(e) The extended hours plan must not be altered without the written consent of the Responsible Authority.

7B Liquor is allowed to be consumed under a liquor licence in the areas shown on an extended hours plan approved under condition 7A.

1. After condition 10, insert the following new conditions -

10A (a) This condition applies to the extended hours allowed under condition 7.

(b) The permit holder must ensure the sound system required under conditions 8, 9 and 10 is maintained at all times and must not be altered, upgraded or replaced except with the consent of the Responsible Authority and an updated report in accordance with condition 9(a).

10B (a) This condition applies to the additional extended hours allowed by the Victorian Civil and Administrative Tribunal in Proceeding P2288/2010.

(b) Before any of the additional extended hours allowed by the Victorian Civil and Administrative Tribunal in Proceeding P2288/2010 (and included in condition 7) start, a report prepared by an appropriately qualified acoustic consultant must be submitted to and approved by the Responsible Authority.

(c) The report must demonstrate that the premises complies with:

• State Environment Protection Policy No N-1 (Control of Noise from Commerce, Industry and Trade Premises with the Melbourne Metropolitan area) and

• State Environment Protection Policy No N-2 (Control of Music Noise from Public Premises) or its successor policy or legislation.

(d) Once endorsed, the report forms part of this permit and must be complied with, and any modifications to the report must be approved by the Responsible Authority.

1. After condition 11, insert the following new conditions -

11A (a) This condition applies to the additional extended hours allowed by the Victorian Civil and Administrative Tribunal in Proceeding P2288/2010.

(b) Before the additional extended hours allowed by the Victorian Civil and Administrative Tribunal in Proceeding P2288/2010 (and included in condition 7) start, an amended management plan pursuant to condition 11 must be submitted to and approved by the Responsible Authority. The amended management plan must specify -

(i) that any live entertainment must cease no later than 45 minutes before the premises close on a particular day in accordance with condition 7, unless otherwise authorised by the Responsible Authority;

(ii) that entry and exit to the venue must be limited to the main lounge entry/exit onto Brighton Road after 10 pm;

(iii) that queuing of patrons on the footpath in Brighton Road must not obstruct pedestrians;

(iv) that staff must monitor patrons to ensure they do not linger in the vicinity of the premises on their departure;

(v) measures to control noise emissions from the premises, including a requirement that Hotel staff must:

• monitor the perimeter of the building and specified surrounding streets for audible noise emissions at specified regular intervals during an evening,
• keep specified records of findings, and
• report audible emissions to a sound engineer specified by the Hotel so that any necessary adjustments to equipment may immediately be made;

(vi) the signs that must be displayed to encourage responsible off-site patron behaviour;

(vii) the training of staff in the management of patron behaviour;

(viii) the management and recording of complaints; and

(ix) the means to control maximum patron numbers allowed in the premises.

(c) When the amended management plan is endorsed by the Responsible Authority, it will form part of the permit. Any modifications to the management plan must be approved by the Responsible Authority.

11B (a) The permit holder must report in writing to the Responsible Authority on the performance of the management plan endorsed under condition 11 or the amended management plan endorsed under condition 11A at least once in every calendar year. The report may include a proposed change to the management plan.

(b) The permit holder must not change an endorsed management plan except with the consent of the Responsible Authority.

[1] Brett v Port Phillip CC [2007] VCAT 2352.

[2] Described in licence as the 'area marked entertainment area, food preparation and kitchen on the endorsed plan' under the licence.

[3] The Application, as submitted, sought a new condition 7 in different terms - see Planning Report submitted with the Application and prepared by Fiona Slechten of Brown and Tomkinson Pty Ltd dated August 2010 at p 42. During the course of the hearing, it was apparent that, mainly for technical reasons, amendments to proposed condition 7 were needed, if the permit were to be amended. After the hearing, the Applicant filed and served a revised proposed condition 7 and other amended conditions. Further written submissions about all the revised conditions were made by the parties and have been taken into account in determining the Application.

[4] Get On The Good Foot Pty Ltd v Stonnington CC [2009] VCAT 2347 at [18].

[5] Victorian Civil and Administrative Tribunal Act 1998 s 57. The submission did not specify the prerequisites, but they are presumed to refer to the requirement in that section for the relevant Minister to issue a specified certificate.

[6] [2009] VCAT 923.

[7] The Director has an application to amend the liquor licence but the application appears to be on hold while this Application is determined and while the Applicant is preparing a response to the 'exceptional circumstances' criteria under the statement of policy.

[8] Brett v Port Phillip CC [2007] VCAT 2352 at [24].