Evenrace Pty Limited v Woollahra Municipal Council

Evenrace Pty Limited v Woollahra Municipal Council - [2008] NSWLEC 1522 - NSWLEC 2008 case summary — Zoe

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12 For completeness, I list the issues that led to the original refusal of the development application. 1. Intensification of use. The proposed further intensification of use of the hotel is unreasonable. Particulars. (i) The proposal will result in a further increase in the floor space of the hotel of 150 square metres. (ii) The proposal will facilitate the use of an approved function room, known as the Lookout Room, by patrons. The proposal will thereby increase patronage of the hotel, given that this area was currently occupied by staff. (iii) Any increased patronage will impact on adjoining residents in respect of additional noise, traffic, parking, and antisocial behaviour. (iv) Use of the outdoor terrace by staff will impact on adjoining residents in respect of noise. (v) In the circumstances, the proposal is not in the public interest and will have adverse environmental impacts. 2. Disabled access. The proposed office space is not fully accessible to employees with a disability. Particulars. Accommodation of staff requiring disabled access within the current safe room on the first level is inappropriate in circumstances where all of the staff will have access to the proposed office space, change room, and terrace facilities. 3. Traffic impacts. The applicant has not demonstrated that the proposal will have no adverse impact upon traffic and parking in the area. Particulars. (i) The increased floor space will result in the demand for an additional three parking spaces. (ii) Increased patronage generated by the operational use of the Lookout Room will generate further demand for car parking within the immediate locality. (iii) Neither the proposal nor the existing hotel provides for any on-site car parking. 13 The original development application had 92 objectors, and the council had advised them all of the consent orders and this hearing. They had also received a letter from the applicant as attached to the joint traffic expert's report, Exhibit 5, that addressed some apparent misconceptions that the objectors may have had. Whether it is a result of that or for other reasons, only two objectors came to press their objections at the consent orders hearing.

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Description Amount Indexed Council Fee Code LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy Contact LSL No http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm Corporation SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979 Property Damage Security Deposit - making good damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates $8,000 No T600 DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005 This plan may be inspected at Woollahra Council or downloaded from our website www.woollahra.nsw.gov.au . Development Levy $3,000 + Index Amount Yes, quarterly T94 INSPECTION FEES under section 608 of the Local Government Act 1993 Security Administration Fee $163 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES $11,163 plus any relevant indexed amounts and long service levy

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      K G Hoffman
      Commissioner of the Court
      ajl/ljr
      Annexure "B"
      Conditions of Consent
      Development Consent DA166/2007
      The Woollahra Hotel
      Plan of Management
      Table of Contents

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4.0 Arrival, Departure & Congregation of Patrons + The arrival and departure of patrons are to be supervised by staff members during the day and the evening. + Staff members are to ensure that patrons arrive & depart in an orderly fashion. + Management and security guards will politely remind all patrons entering, re-entering or departing the hotel to respect the residential amenity of the neighbourhood. + Signage is placed at all entrances/exits asking patrons to leave the hotel quickly & quietly and to "consider our neighbours and respect the residential amenity of the neighbourhood". + STA timetables are available, on request, to all patrons regarding the bus services in the area. + Taxis will be called on request for patrons, without charge. + To minimise concentration and congregation of patrons at closing time, a phased closure will operate. The sequence of closure will be determined by the activity levels within the hotel but most commonly will be according to the following pattern. Bistro Moncur will close first, followed by Moncur Terrace, followed by the Back bar and finally, the Woollahrabar. This sequence will be facilitated by the following actions: (i) Last meal orders in Bistro Moncur at 10.30 pm Monday to Saturday and 9.00 pm on Sunday; (ii) Last drinks orders at Bistro Moncur 11.30 pm Monday to Saturday and 9.30 Sunday; (iii) Last Meal orders at Moncur Terrace to be at 10.30 pm Monday to Saturday and 9.00 pm Sunday; (iv) Last drinks orders at Moncur Terrace to be at 11.30 Monday to Saturday and 9.30 pm Sunday; (v) Last drinks on ground floor at 11.40 pm Monday to Saturday and 9.40 pm Sunday; (vi) All patrons shall be encouraged to vacate the premises by closing time, with the final patrons leaving from the door to the Queen and Moncur Street corner. + As required, the manager on duty or the security guards will be outside the hotel at closing time asking guests to move on quickly and quietly, to hail taxis and to minimise disturbance in the locality. + Security staff members are to ensure arrival and departure in an orderly and quiet fashion whenever security guards are present (See Part 7 below). + Open containers of alcohol will not be permitted to be taken off the licensed premises. This policy will be strictly enforced by Hotel management and security staff. + Security and hotel staff shall ensure that the number of patrons in the hotel does not exceed the permitted capacity and monitor the number of patrons for the purposes of 7.1(o).

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5.0 Mitigation of Noise + Plant Noise All equipment will meet noise emission requirements as specified in conditions of consent. + Patron Noise In addition to the practices in 4.0 above to minimise congregation of patrons, the following noise minimisation measures will be used: - Last drinks on the Ground Floor bars will be served twenty minutes prior to closing time to ensure patrons are aware that the hotel is closing and are aware of how long they have before they need to vacate the premises; - Security staff and hotel management will be trained to encourage patrons to leave quietly and in an orderly fashion from both the hotel and from the surrounding areas, and to prevent the congregation of patrons outside the hotel (See part 7.0 below); - This policy will extend, where appropriate, to monitoring people other than patrons who pass by the Woollahra Hotel. - No alcohol is permitted to be consumed on the balcony other than with dining or when associated with a function where catering is provided by the hotel ' - Smokers are not permitted to bring drinks onto the balcony + Other Noise Issues - Staff members will move empty bottles at the end of the evening wholly within the building. - The first floor balcony overlooking Moncur Street will be used primarily for dining. However, there may be occasions when some patrons will use the balcony purely as a smoking area. The balcony will be closed to the public no later than 10.30 pm. - All windows in the ground floor bar facing Queen and Moncur Streets will be closed during periods of live entertainment. - The single door in the main bar adjacent to Bistro Moncur will not be used except for emergency purposes during periods of live entertainment. - Bands will cease playing at 11.00 pm weekdays and 9.30 pm Sundays. 6.0 Deliveries + Times of Deliveries Delivery and removal of bottles and garbage collection to the hotel will be between the hours of 7.30 am and 5.00 pm except on Sundays when it must be between 8.00am and 5.00pm. However there may from time to time be unavoidable exceptions to this time frame. All other deliveries must be made during trading hours, but not later than 6pm. + Location of Deliveries Delivery drivers will be encouraged by the hotel to use the loading zone outside the hotel on Moncur Street or Moncur Lane and to park legally. Managers on duty are to receive delivery orders in a quiet, fast and orderly fashion to ensure minimal time of delivery vehicles parked outside the hotel. 7.0 Security Security forms a critical part of the overall management plan of the Woollahra Hotel and focuses on the responsible service of alcohol, noise minimisation and the prevention of congregation of patrons outside the hotel. The Woollahra Hotel will engage an independent Security provider to supply trained and registered security guards to the hotel. Guards will be employed on the busier nights of trading including Thursday to Sunday from 7.00 pm to to no less than 15 minutes after closing or until the last patron has vacated the areaOn Thursday, Friday and Saturday nights as well as some Sundays (depending on trading) at any one time, 2 guards will patrol the footpaths directly outside the hotel premises and monitor the entry/exit points. One (1) guard will roam inside and outside the hotel from 8:00pm at intervals no longer than 45 minutes and will patrol the areas away from the hotel that include both sides of Queen Street from Moncur Street to Victoria Avenue/Halls Lane; and both sides of Moncur Street from Rush Street to James Street and Moncur Lane. The role of the security guards is more fully described below. The number of guards engaged will depend on trading levels within the hotel but generally will be three guards on the nights that guards are employed. 7.1 General Operating Procedures for Security Guards a. All security guards will clearly display visible identification in accordance with the Security Industry Act & Regulations. b. All security guards will hold a current security licence and be trained in first aid. c. All security guards will commence their duty in security uniform. A reflective vest will be worn for patrols away from the immediate vicinity of the hotel. d. All security guards will hold a Responsible Service of Alcohol Certificate from a provider approved by the Liquor Administration Board. e. Security Company management will certify to the hotel that all guards maintain current security licenses, RSA Certificates and First Aid Certificates prior to commencing work at the hotel. f. All security guards on duty at the Hotel will sign on and off on security time sheets ensuring they provide their full name, their security license number, the time their shift commenced and the time their shift concluded. g. Guards will be directed to patrol areas by hotel management h. An incident register will be kept at the Hotel. All incidents are to be recorded, noting the security guard's name, date, time and nature of the incident as well as a full account of the response by staff and management of such incident. This book will be made available to the hotel management, police and liquor and gaming authorities if required. i. All security guards will be fully qualified in first aid. A first aid kit will be kept on premise for use as required. j. All security guards will be briefed at the commencement of their shift by Hotel management. This briefing will outline the role of the security guards in ensuring compliance by the Hotel in respect to harm minimization, RSA principles, conditions imposed on the Liquor License of the Hotel and Council Development Application, adherence to hotel policy and any current issues including complaints by neighbours or patrons. k. For the safety of patrons and staff, security guards will always ensure that they are compliant with the law. l. Security guards will remain in constant communication with hotel management and each another. m. In accordance with the principles of the company, security guards contracted to the hotel will perform their duties with regard to equality, tolerance, diplomacy, vigilance and integrity. n. Security guards will ensure that any complaint made to them by neighbours or patrons of the Hotel is reported immediately to management to ensure prompt and immediate action. Any complaint made by neighbours or patrons will be recorded in the Security Incident Register. o. Security Guards will monitor the presence of patrons frequenting the footpath areas outside the Hotel. Patrons will not be permitted to leave the Hotel to smoke a cigarette carrying a drink. Patrons will not be permitted to congregate in a fashion which impedes the flow of pedestrian traffic on footpath areas. Guards monitoring these areas are to remind patrons that the Hotel is located in a residential neighbourhood and to keep their voices down and noise to a minimum. Patrons are to be encouraged to leave the premises quietly. The guard on duty is to ensure the front door of the Hotel remains closed when not in use when live entertainment is operating, when 50 or more patrons are in the ground floor front bar, or when the front bar area is being used for viewing of televised sporting events, performances or any similar event where promoted by notices, advertising or the like by the Hotel . The guard will check the identification of patrons who appear to be under the age of 25 years who are attempting to enter the Hotel. p. Security guards when on duty inside the hotel move throughout the hotel and identify people that appear to be under the age of 18 years or who are being loud, abusive, staggering, slurring their words or acting out e.g. swearing or mock fighting. All disorderly people will be requested to leave. If an intoxicated person is identified, security guards will advise the patron that they will not be served further alcoholic drinks. The identified patron will be offered water or a soft drink, the intoxicated person will be identified to hotel staff members who will be advised to stop serving the intoxicated patron and to ensure that other patrons do not purchase alcoholic beverages for the patron refused service. If such a person is seriously intoxicated security guards will ask the person to leave, stop or refuse service and/or call the police. Once the patron is removed from the hotel, guards will not allow the person to loiter in the vicinity of the Hotel. Guards will ensure that the intoxicated person has safe passage from the hotel, call a taxi or assist in hailing a taxi. Guards will advise friends of the intoxicated person the reasons why the patron has been asked to leave the premise. They will explain that they have acted in accordance with the law and refer to 'No More it's the Law' signage. Patrons should be encouraged to leave the Hotel in small groups. q. With regard to patrons exiting the Hotel to use a mobile telephone, the security guard on duty will encourage such patron to remain in the vicinity of the principle entry door at the corner of Queen and Moncur Streets and not to wander beyond the hotel boundary to take the call. Patrons using mobile phones will be reminded that they are entering a residential neighbourhood and to be mindful of neighbours and respectful of the neighbourhood amenity. r. At intervals no longer than one hour, security guards will patrol the neighbouring streets and pick up any discarded glasses or bottles. The area of patrol will include both sides of Queen Street between Moncur Street and Hall Lane, both sides of Moncur Street from Rush Street to James Street and Moncur Lane. If during patrol of these areas, a guard is aware of any intoxicated person causing a nuisance to persons or property, they shall advise them to move on and/ or seek police assistance as appropriate. 7.2 The role of Supervisors a. A security supervisor will be appointed to the Hotel. He/She will be on duty whenever security guards are required so as to co-ordinate personnel, liaise with hotel management and police, ensure that guards are adequately aware of their duty and areas of responsibility and to take control of any incident which may occur. b. The supervisor will be in charge of and oversee the issue and maintenance of security equipment supplied to guards, sign guards on and off duty, sign off on any incident recorded in the security register. c. The supervisor is responsible for ensuring and reporting upon Occupational Health and Safety issues for security guards. 7.3 Staff Evaluation Procedure a. The security company will allocate time for one meeting per month to meet with hotel management and staff to discuss and evaluate security arrangements and procedures. b. Entries in the security register and the hotel management diary will be kept at the hotel as the basis for the evaluation of procedures and for the improvement of service. 7.4 Legislative Compliance Hotel management will ensure that security company management is familiar with the legislative requirements and policy of the Hotel and shall require the security company to inform all of its guards working at the Hotel of that information.

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7.5 Security Incidents a. If a security incident occurs, hotel staff members are to alert security and hotel management immediately and provide all relevant information. b. Hotel management and/or the security supervisor will assess the incident and attempt to diffuse the situation. c. Only hotel managers or the security supervisor are to deal with the situation. As appropriate, offenders will be requested to leave the hotel and will be advised that police have been or will be contacted. d. If a patron refuses to leave the premises, reasonable force may be used to remove them from the hotel. e. Ensure the patron has safe passage from the hotel. Record the incident in the incident register and burn CCTV footage of the incident onto a disc as required and secure it in the Hotel safe. 7.5 Cameras A total of 16 surveillance cameras are be provided both inside and outside the hotel for both security and monitoring purposes. The system is digital and operates on real time delivery of pictures. 8.0 Harm Minimisation & The Responsible Service of Alcohol The Woollahra Hotel, in the best interest of its patrons and the community, will promote responsible serving of alcohol and sees it as vital for legal, health and community reasons. The Woollahra Hotel will adopt the following strategies for the Responsible Service of Alcohol: - Maintain a House Policy that provides the framework for the responsible serving of alcohol; - Train staff so that they can implement and promote the house policy; - Progressive education of patrons so that they understand the implications of and abide by the Responsible Service of Alcohol policy; - Prevention of under-age drinking; - Promotion of safe transport options. The Woollahra Hotel will affect these strategies by: - Implementation, monitoring, and modification on an on-going basis of the house policy; - Prevention of under-age drinking by insisting on "proof of age" by requesting driver's licence, passport or proof of age card issued by the NSW Roads & Traffic Authority; - Preventing intoxication by recognising the signs of intoxication and avoiding serving anyone to the point of intoxication. Entry or service will be denied to anyone who is already intoxicated; - Managing intoxication, anti-social, or disruptive patrons by attempting to discourage them from becoming involved in activities, which can harm themselves or others; - Promoting the service of non-alcoholic beverages and food; - Refusal of service; - The maintenance of a register of banned patrons. The meaning of 'intoxicated' as per the Liquor Act. + The person's speech, balance, co-ordination or behaviour is noticeably affected, and + it is reasonable in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor. + It will be the policy of the Woollahra Hotel not to allow intoxicated, violent, or quarrelsome behaviour in or around the hotel. + Compliance with relevant guidelines The Woollahra Hotel will comply with all relevant RSA, Signage and Licensing guidelines. Staff will be trained and instructed to ensure that the provisions of the act are complied with. + Supervision Bar and Restaurant staff will be under supervision by senior management staff in the policing and practice of RSA training. 9.0 Gaming The Woollahra Hotel, in the best interest of its patrons and the community, will promote responsible conduct of gambling and sees it as vital for legal and community reasons. The Woollahra Hotel will adopt the following strategies for the Responsible Conduct of Gambling: - all staff members and management who work in the gaming area of the hotel will have completed an approved RCG (Responsible Conduct of Gambling) course; - the hotel will abide by the AHA (NSW) Gaming Code of Conduct; - a self-exclusion scheme will operate at the hotel; - staff members who work in this area of the hotel will be kept informed on the operation of the self-exclusion programme. Photographs of self exclusion participants will be displayed in an area visible only to staff members; - G-line telephone counselling will be publicized to patrons; - if management becomes aware of a problem gambler in the hotel, all reasonable efforts will be made for the person to make use of the services provided; - patrons of the hotel (being a member of the AHA (NSW)), have access to a full self-exclusion programme monitored by a professional psychotherapist; - patrons will be encouraged to seek legal advice before undertaking the AHA (NSW) self-exclusion option. - patrons who appear to be intoxicated by alcohol, even mildly, shall be discouraged by gaming staff from gaming at the Hotel, and be advised that it may be for their own benefit. The Woollahra Hotel will affect these strategies by: - Implementation, monitoring, and modification on an on-going basis of the house policy, the AHA (NSW) code of conduct and the self-exclusion process. + Compliance with relevant guidelines The Woollahra Hotel will comply with all relevant RCG and Signage guidelines. Staff will be trained and instructed to ensure that the provisions of the act are complied with. + Supervision Staff members working in the gaming area of the hotel will be under supervision by senior management staff in the policing and practicing of RCG training. 10.0 Community Liaison + Resident Liaison The Hotel's licensee shall be a member of the Rose Bay & Paddington Local Liquor Accord. The accord comprises a membership of stakeholders in the area representing licensed premises such as hotels, registered clubs, nightclubs, restaurants and bottle shops. It also has representation from the Director of Liquor & Gaming, police and the local council. This forum allows for local issues to be canvassed and the accord has the ability to see through any action plan deemed necessary. The Woollahra Hotel will provide an open line of communication with residents. All residents may have direct access to the licensee. All complaints will be registered by the manager on duty in the incident logbook, and will be followed up by the licensee. The licensee and/or manager will deal with all resident complaints directly. A mobile telephone number has been provided to residents who may from time to time wish to inform management of a specific matter of disturbance or lodge a complaint. + Complaints Should a complaint be received the procedure shall be as follows: Details of the complaint are to be taken by the responding staff member, these should include: (a) Full name & contact details of complainant; (b) Date & details of the specific matter of disturbance; (c) Explanation to complainant that the matter will be addressed directly by the licensee or manager no later than the next business day. 11.0 Education and Training of Staff The Hotel shall be focused on providing every employee with an environment where they can be a part of a team and excel. It is an important part of every new staff member's development and training to familiarise themselves with their working environment, policies and procedures. As part of the Hotel's commitment to developing the skills of employees. it will undertake regular staff meetings and training sessions. These meetings and sessions will be compulsory.

At a glance

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Judgment (246 paragraphs)

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Legislation Cited (1)

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