On The Run reaches settlement with Kensington Park’s Hula Hoop cafe over liquor licence extension application

SERVICE station giant On The Run has withdrawn its court challenge against a neighbouring cafe’s application to host outdoor functions.

Hula Hoop owners Jon (left) and Steph Hamra (back) show their lawyer Brian Hayes QC, Judge Bill Jennings and On The Run lawyer Stuart Henry SC around the Regal Theatre Garden.

• On The Run takes legal action to stop outdoor dining at cafe
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SERVICE station giant On The Run has withdrawn its court challenge against a neighbouring cafe’s application to host outdoor functions.

A settlement was reached between On The Run and the owners of Hula Hoop cafe, after a short Licensing Court hearing this morning.

On The Run had opposed Hula Hoop’s application for a liquor licence extension at its Kensington Park eatery.

Last year, Hula Hoop’s operators, Jon and Steph Hamra, had been part of a successful campaign against On The Run building a petrol station nearby, on the corner of Kensington Rd and May Tce.

Mr and Mrs Hamra’s lawyer, Brian Hayes QC, told the hearing that the section of the Liquor Licensing Act that On The Run had objected under did not apply to liquor licence extensions, only new applications.

“Therefore this ground is not available to the objectors for this sort of application,” Mr Hayes said.

Hula Hoop applied for the licence area extension in July so it could host up to 140 patrons in an outdoor site called Regal Theatre Garden adjoining its premises.

On The Run owns a property across the street from the garden where it had wanted to build a $3 million petrol station, convenience store and dog wash.

However, that proposal was rejected by the Development Assessment Commission in June after a campaign by neighbours — including the Hamras.

Hula Hoop put in an application for the liquor licence extension in July.

“Lo and behold, On The Run puts in an objection,” Mr Hayes told the court.

Steph Hamra at the Hula Hoop cafe at the Regal Theatre. Source: File

On The Run’s concerns included the number of toilets provided by Hula Hoop for customers, potential traffic issues and noise.

Judge Bill Jennings and lawyers for both sides inspected the cafe, the Regal Theatre and the garden as part of today’s hearing.

The hearing was set to recommence at 2.15pm but a clerk of the court said the parties had settled.

On The Run and Hula Hoop plan to release a joint statement once the judge’s official orders are issued.

On The Run is appealing the DAC’s refusal of its petrol station in the Environment, Resources and Development Court.