A NEIGHBOUR'S noise complaint has seen waterfront restaurant The Landing slapped with a warning from Liquor and Gaming NSW (LGNSW) for "undue disturbance" on the boardwalk.
The complaint, lodged in June 2021 and co-signed by 10 other residents, alleges the venue operates at times as a 'bar or nightclub' and that back-and-forth attempts to solve the problem have been going on for more than a decade.
The venue, which is under the management of Cater Group, has denied ever trading as a nightclub or bar but acknowledged there has been a history of complaints against it.
In an effort to appease the neighbour, the licensee arranged a noise report and argued background sounds exceeded the criteria even without entertainment present, suggesting the urban hum of the bustling Honeysuckle area is already louder than other neighbourhoods.
The Landing updated its Noise Control Policy because of the complaint, and said the venue never trades beyond midnight from Monday to Saturday or beyond 10pm on a Sunday.
It said the financial viability of the venue relies on being able to provide entertainment to customers.
The premises owner submits he has owned the premises since 2012 and was the business owner from 2012 to 2019, at which time the premises and business were leased to the current licensee - during the time it was leased to Cater Group the local council has received three complaints.
The owner maintains the venue has always been sympathetic to its neighbours' needs, and that "the complainant's continual harassment of the venue is a display of frustration at living in a precinct that includes entertainment, and the venue is unfortunate to have him as a neighbour".
The man making the complaint said he went to Liquor and Gaming NSW as a "last resort", according to the warning, because the problem has become worse and the licensee's response to resident complaints through Strata management have "escalated to written threats of consequences and intimidatory name-calling of residents".
He said the venue can't operate at the expense of his quality of life and the "peaceful enjoyment" of the home he loves so much, arguing the entire process had a negative impact on his physical and mental health.
In response, the licensee said it understood his desire to peacefully enjoy his home, but asserted the venue doesn't unduly disturb the neighbourhood, that it needs entertainment to remain financially viable and that it's essential for them to be able to co-exist.
LGNSW compliance and enforcement director Dimitri Argeres issued the warning, and said there was sufficient evidence to conclude the venue had at times disturbed the quiet of the neighbourhood.
The Landing was contacted for comment.
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