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Report to the Future Melbourne (Planning) Committee Agenda item 6.4

Liquor Referral: LIQREF-2014-390 Duke of Wellington Hotel, 142-148 Flinders Street, Melbourne

17 November 2015

Presenter: Jane Birmingham, Practice Leader Statutory Planning

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of a request from the Victorian Commission for Gambling and Liquor Regulation (VCGLR) to consider whether the Melbourne City Council supports or opposes an application for variation of liquor licence category to a late Night (General) licence. VCGLR is currently considering an application by the applicant for review of a decision made by a Commission delegate to refuse the application to extend trading hours.

2. On 20 July 2015, new decision making guidelines were issued in the Victorian Government Gazette No. S 204 for the assessment of applications for permanent and temporary liquor licences, for premises that are currently affected by the freeze, with trading past 1am.

3. One of the new decision making guidelines is that the applicant must satisfy the VCGLR that the application is supported by the relevant municipal council. It is expected that the support of the council be provided in writing and form part of the documentation lodged with VCGLR by the applicant for liquor licence. If the council does not support the application, the application will not be granted by VCGLR.

4. The Duke of Wellington Hotel operates from 142-148 Flinders Street, Melbourne under an existing General Liquor Licence (No. 31904859). In December 2014, the licensee lodged an application with VCGLR seeking a variation, to allow extended trading hours for the second floor level, until 3am on any day. The current licence allows trading for consumption on premises until 1am on any day, other than Sunday and Good Friday when a closing time of 11pm applies. The second floor has a patron capacity of 200 and the premises has a total capacity of 1150.

5. The application was referred to Council by VCGLR in December 2014. Council responded, objecting to the application, but also advising that the objection could be considered withdrawn, subject to conditions. On 28 January 2015, in response to a letter from lawyers acting on behalf of the applicant, Council wrote to VCGLR advising that the objection was withdrawn on the understanding that any licence would include conditions to address matters summarised as follows: no music to be provided on second floor outdoor terrace after 1am and no liquor permitted on the terrace after 1am Monday to Saturday; doors providing access to the terrace to be closed after 1am. On Sundays and Good Fridays, the same conditions were to apply but at 11pm, rather than 1am. In addition standard restaurant conditions were to be applied to the second floor level.

Key issues

6. The key issue is whether the extended trading hours requested will have a detrimental impact on the amenity of the surrounding area.

7. While the proposed trading hours are beyond 1am, supported by Clause 22.22 of the Melbourne Planning Scheme, the conditions referred to above will minimise any adverse impacts. The proposed licence variation will appropriately contribute to the activity and character of the central city. The application is worthy of support.

Recommendation from management

8. That the Future Melbourne Committee resolves that a letter be sent to the applicant advising that the application to vary the existing liquor licence is supported, subject to the conditions in the attached Delegate Report (Attachment 4).

Attachments: 1. Supporting Attachment 2. Locality Plan 3. Existing Liquor Licence 4. Delegate Report

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Supporting Attachment

Legal

1. The VCGLR is responsible for determining the application.

Finance

2. There are no direct financial issues arising from the recommendations contained within this report.

Conflict of interest

3. No member of Council staff, or other person engaged under a contract, involved in advising on or preparing this report has declared a direct or indirect interest in relation to the matter of the report.

Stakeholder consultation

4. Council officers have not advertised the application. This is the responsibility of VCGLR.

Relation to Council policy

5. The proposed operating hours are inconsistent with Council’s Licensed Premises Policy at Clause 22.22 of the Melbourne Planning Scheme. However, subject to compliance with the conditions set out in the attached Delegate Report, the proposed licence variation will not result in any unreasonable amenity impacts.

Environmental sustainability

6. Environmental sustainability issues or opportunities are not considered relevant to this proposal.

Attachment 1Agenda item 6.4

Future Melbourne Committee 17 November 2015

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Locality Plan

146 Flinders Street, Melbourne

Attachment 2 Agenda item 6.4

Future Melbourne Committee 17 November 2015

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