Attachments 1. Supporting Attachment 2. Location Plan 3. Planning Permit No. TP99/1077 4. Liquor Licence No. 31850092 5. Delegate Report

Report to the Future Melbourne (Planning) Committee Agenda item 6.7

Liquor Enquiry LIQENQ-2015-115 Jankara Karaoke Bar, 300 Russell Street, Melbourne

6 October 2015

Presenter: Karen Snyders, Planning Coordinator

Purpose and background

1. The purpose of this report is to advise the Future Melbourne Committee of a request for a letter of support from the Melbourne City Council with respect to an increase in trading hours allowed under an existing Late Night (On-Premises) Liquor Licence.

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 affected by the freeze, with trading past 1 am.

3. One of the new decision making guidelines is that the applicant must satisfy the Victorian Commission for

Gambling and Liquor Regulation (VCGLR) that ‘the application is supported by the council of the municipality in which the premises is, or will be, located.’ It is expected that the support of the municipal council be provided in writing and form part of the documentation lodged with VCGLR by the applicant for liquor licence. If the municipal council does not support an application, then the application will not be granted by VCGLR.

4. Jankara Karaoke Bar operates from 300 Russell Street, Melbourne under an existing planning permit

(Permit No. TP-1999-1077 issued on 31 January 2000) and under a Late night (on-premises) Liquor Licence (No. 31850092). The licensee seeks a variation to the existing liquor licence to increase the trading hours on three days (trading hours on other days to remain as allowed under the Liquor Licence) as follows:

Existing Proposed Friday & Saturday Between 10am and 3am the

following day Between 10am and 5am the following day

Sunday Between 10am and 11pm 10am to 1am 5. The maximum capacity of patrons allowed under the existing liquor licence is 80. This is not proposed to

change.

Key issues

6. The key issue is whether the additional 2 hours of liquor consumption sought for Friday, Saturday and Sundays, beyond that allowed by the current liquor licence would have a detrimental impact on the amenity of this area of the Central City.

7. The application is generally consistent with Council’s Licensed Premises Policy at Clause 22.22 of Melbourne Planning Scheme. Whilst the hours proposed are beyond the 1am advocated for in the policy, this is an existing condition allowed by the applicable Planning Permit. The premises is small and is managed without record of complaint to the Council’s Planning Team and Victoria Police and is considered to appropriately contribute to the activity and character of the Central City. The application is suitable for support.

Recommendation from management

8. That the Future Melbourne Committee resolve that a letter be sent to the applicant advising that the application to vary the existing liquor licence is supported.

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1

Supporting Attachment

Legal

1. The Victorian Commission for Gambling and Liquor Regulation (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 the VCGLR.

Relation to Council policy

5. The recommendation is consistent with Council’s Licensed Premises Policy at Clause 22.22 of Melbourne Planning Scheme.

Environmental sustainability

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

Attachment 1Agenda item 6.7

Future Melbourne Committee 6 October 2015

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Locality Plan

300 Russell Street Melbourne

Attachment 2 Agenda item 6.7

Future Melbourne Committee 6 October 2015

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Attachment 4Agenda item 6.7

Future Melbourne Committee 6 October 2015

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LIQUOR LICENCE SUPPORT REPORT

Application number: LIQENQ-2015-110

Applicant: David Butten Consultancy 2000 Pty Ltd

Address: Jankara Karaoke Bar

Ground Floor, 300 Russell Street, Melbourne

Proposal: Application to vary the existing liquor licence to allow an increase in trading hours

Date of lodgement: 1 September 2015

Responsible officer: Maree Klein

1. PROPOSAL

Jankara Karaoke Bar operates from the ground floor at 300 Russell Street, Melbourne under an existing planning permit (Permit No. TP-1999-1077 issued on 31 January 2000) and under a Late night (on-premises) Liquor Licence (no. 31850092).

A letter of support is being sought from the City of Melbourne to vary the existing liquor licence to allow the supply and consumption of liquor after 1.00am, as follows:

Existing Proposed

Good Friday and Anzac Day Between 12 noon and 11pm No change

Monday to Thursday Between 11am and 1am No change

Friday & Saturday Between 10am and 3am Between 10am and 5am

Sunday Between 10am and 11pm 10am to 1am

The maximum capacity of patrons allowed under the existing liquor licence is 80.

The applicant advises that:

‘the additional hours sought are to enable to the licensee to cater mainly for regular clients who drive taxis, work late night shifts in the hospitality industry,

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in the police force and other industries who want to relax and unwind after work.’

It is noted that the letter of support is only required for the proposed trading hours after 1 am.

2. BACKGROUND

On 7 June 2015, the State Government announced that the freeze on granting new liquor licences for venues trading past 1am in the Cities of Melbourne (including Docklands), Stonnington, Yarra and Port Phillip would be extended until 30 June 2019. The freeze affects applications for new, relocated and variations to Major Event, General, On-premises, Packaged Liquor, Limited, Late Night and BYO Permit licence types. 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 affected by the freeze, with trading past 1 am. One of the new decision making guidelines is that the applicant must satisfy the Victorian Commission for Gambling and Liquor Regulation (VCGLR) that ‘the application is supported by the council of the municipality in which the premises is, or will be, located.’ It is expected that the support of the municipal council be provided in writing and form part of the documentation lodged with VCGLR by the applicant for liquor licence. If the municipal council does not support an application, then the application will not be granted by VCGLR.

3. PLANNING REQUIREMENTS

Jankara Karaoke Bar operates under Planning Permit No. TP-1999-1077 which allows the ‘use of ground level for the purpose of tavern, including trading between 10am to 5am the following day, 7 days per week and provide music by way of DJ equipment’.

Eighteen conditions apply to the permit, including:

‘ ...2. Rear egress of the building, into Hayward Lane, shall not be made accessible to patrons of the use hereby permitted, except in the case of an emergency.’

….5. The maximum noise level emitted from the premises shall not exceed levels specified in the State Environment Protection Policy (Control of Music Noise from Public Premises) No. 2.

….9. The use hereby permitted shall not cause any nuisance to neighbouring residential properties by way of noise from within the building.

…13. The premises shall only be open for the use hereby permitted between the following hours:

Monday to Saturday 10.00am to 5.00am the following day.

All patrons shall vacate the premises no later than 30 minutes after the closing times. The hours hereby approved shall not be altered without the prior consent of the Responsible Authority.’

4. INTERNAL REFERRALS AND CITY LICENSING APPROVALS FORUM

City Issues

The application was referred to City Issues, as the application raises potential safety issues. City Issues verbally advised that they have no objection to the proposal.

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City Licensing Approvals Forum (CLAF)

The matter was discussed at the CLAF on 17 September 2015. Victoria Police advised that discussions had occurred with the licensee where it was suggested that an increase in trading hours beyond 1am only be sought for Friday and Saturdays only. The licensee amended their application to reflect this. Accordingly, Victoria Police expressed no concerns with the proposed hours.

Planning Enforcement

A check of Planning Enforcement records shows no complaints have been received with respect to the operation of the venue.

5. ASSESSMENT

Council’s Licensed Premises Policy at Clause 22.22 of Melbourne Planning Scheme provides guidance for new licensed premises and where existing licensed premises change their operation to ensure that the licensed premises would not detract from, or be detrimental to, the amenity of the area.

The objectives of the policy are:

To identify appropriate locations and trading hours for licensed premises.

To manage the operation of licensed premises to minimise adverse impacts on the amenity of the area and maintain the positive character, image and function of the city.

To ensure that the cumulative impacts of licensed premises are assessed where venues are clustered in the one location.

The policy recognises that well managed licensed premises contribute to the activity, appearance, character and image of the area. Small licensed premises are particularly important to the vitality of the Central City as a 24 hour city.

The subject site has been operating as a Karaoke Bar since the planning permit was issued in 2000. The planning permit currently allows the Karaoke Bar top operate to 5.00am, 7 days per week, with the existing liquor licence allowing the serving and consuming of alcohol until 3am on Fridays and Saturdays.

The matter to be considered against the decision guidelines of Clause 22.22 therefore, is whether the sought additional 2 hours of liquor consumption on Friday, Saturday and Sundays would have a detrimental effect on the amenity of the area. In this regard, the following is noted:

The subject site has residential uses surrounding it, most notably the newly constructed Abode 318 apartments on Russell Street, the two storey townhouses at the rear on Hayward Lane, and the residential building ‘One Six Zero’ on the corner of Hayward Lane and Little Lonsdale Street. Despite these nearby residential uses, Council’s Planning Enforcement records show no complaints have been received with respect to the operation of the venue. Furthermore, Victoria Police have also advised that they have no objection to the additional hours.

It is not anticipated that the Karaoke Bar would be operating at capacity, that is, 80 patrons, in the early hours of Saturday and Sunday morning.

Both the relevant Planning Permit and the Liquor Licence include conditions regarding music noise from the Karaoke Bar having to comply with the State Environment Protection Policy (Control of music noise from public premises) No.

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N2. These conditions must continue to be complied with for any additional hours associated with the sale and consumption of liquor.

It is not anticipated that there will be any negative cumulative impact associated with the increased hours as the venue is appropriately distanced from other licenced venues and it is evidently appropriately managed.

6. CONCLUSION

It is considered that the application is generally consistent with the local policy. While the hours are beyond the 1am advocated for in the policy, this is an existing condition allowed by the applicable Planning Permit. The premises is small and evidently well managed and is considered to appropriately contribute to the activity and character of the Central City. The application warrants support.

7. RECOMMENDATION

That a letter be sent to the applicant advising that the City of Melbourne supports the application for a variation of their existing liquor licence to allow increased trading hours on Friday and Saturday between 10am and 5am the following morning, and Sunday between 10am and 1am the following morning.

Maree Klein

Senior Planning Officer

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