Nights out for eaterie
AN East Geelong cafe’s bid to operate at night has been dashed after residents won a legal appeal against the extension.
Botanical on Ryrie had secured a permit from the City of Greater Geelong to trade until 10pm from Thursday until Saturday.
But their dinner plans were cancelled this week, when the Victorian Civil and Administrative Tribunal overturned the council’s decision.
The cafe/restaurant’s extended trading hours were supported by the council and Victoria Police, but failed to convince VCAT member Jane Tait.
“My main concern is that (it) will disrupt the residential amenity of the nearby properties,” Ms Tait said.
“This will be from the movement of pedestrians to and from the site and noise from patrons arriving and departing in their vehicles.”
A residents’ group, led by Amy Banner, told the tribunal that the extension would cause unreasonable amenity impacts from noise, traffic and odour.
Ms Banner said noise from music, traffic and patrons in the outdoor area affected the neighbourhood.
The operators said the “modest change” would not increase the number of patrons and would meet a local need, following repeated requests to trade past 5.30pm to offer dinner.
Ms Banner told the tribunal that Botanical on Ryrie had operated with more than its permitted 30 internal seats “from the first day of business”.
The council confirmed that it was aware of the breach and had instigated enforcement action to resolve the issue, Ms Tait said.
The venue has also lodged a separate application, which is still to be decided on, to increase patron numbers inside the building to 50.