Popular Sydney pub has outdoor hours cut by council staff
Owners of a popular Sydney pub have revealed the ‘ridiculous’ new rules being imposed on them, and it has a major consequence for millions of Aussies.
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A popular pub has been forced to dramatically slash its outdoor opening hours, which will see customers forced inside before it even gets dark in the latest of a series of blows to hit the nighttime economy.
The trendy Old Fitzroy Hotel in Sydney’s inner city Woolloomooloo will have to close its bustling alfresco dining area two hours earlier, after an application to renew its longstanding 10pm licence backfired.
From now on pubgoers will not be allowed to eat or drink outside the Dowling St venue after 8pm Monday to Sunday, a development described as “outrageous” by its owner.
James Thorpe, the director of the pub’s operator Odd Culture, said he was blindsided by the City of Sydney’s decision which was made in June but not passed on until Friday.
“All the conversations I’ve had with people at council seem to believe this was a mistake,” he said.
“From our perspective, we’ve not had any compliance issues … in three years.
“We haven’t heard from council, we’ve just had our hours silently wound back.”
Mr Thorpe believed the council had not offered the business procedural fairness before making the call to change conditions that had been in place for at least the last 18 years.
It means in summer staff will have to start bringing patrons inside when “it’s still light out” instead of allowing them to enjoy a beer or steak in the evening sunshine.
The pub’s pool room will also need to close at 8pm so it can be used as storage for the outdoor furniture.
Now the onus is on the business to prepare another application to have the decision reviewed by council staff in an effort to reinstate the previous conditions.
“What really terrifies me is that such a longstanding consent can be taken away without so much as a whisper of consultation with us,” he said.
“We’re gonna lose close to $100,000 in revenue. Which is just what we need in a cost of living crisis.”
The pub on Monday launched a petition calling on the community to get behind its bid to “save the Old Fitz’ outdoor seating”.
Documents explaining the council’s call show it received complaints from two local residents, who protested about noise and crowded footpaths.
An inspection of the site also noted beer kegs on the footpath outside the venue.
“It was unclear how long the kegs had been there,” the report states.
A City of Sydney spokesperson said the council was “a strong supporter of outdoor dining” and added it would “work closely with the proprietor in an effort to resolve the matter”.
“Occasionally businesses face challenges in complying with the conditions of the outdoor dining license,” they said.
“In those instances, we work with them to try and help them remain compliant while using the footpath space. All submissions to notifications are assessed on their merits.
“We have been in touch with the proprietor on the matter and they are in the process of lodging a review.
Lord Mayor Clover Moore said she had asked staff to expedite a review of the decision when the issue had come to her attention.
“In the wake of the Covid pandemic, we wanted to do everything we could to help businesses get back on their feet while bringing communities together and that’s why we waived all fees and fast-tracked road conversion applications, helping more than 700 businesses operate out in our public spaces,” she said.
“It’s wonderful to see people out on the streets, connecting with each other and enjoying their neighbourhood while supporting local businesses.”
The decision comes as the NSW government has announced reforms to “outdated” rules around outdoor drinking in the state.
Premier Chris Minns said on Wednesday the changes would allow patrons to remain standing while enjoying a beverage, an act currently prohibited in most areas of Sydney.
“For too long Sydney’s night-life has been strangled by red tape,” Mr Minns said last week.
“Having an economy that fires up at 5pm during the week is critical for global cities like Sydney.”
Music and nighttime economy minister John Graham said the rule change would get “the social scene back on its feet in Sydney and right across NSW”.
“A blanket ban on standing with a drink in hand is a red tape hangover that has no place in 2024,” he said.
“Adults should be trusted to choose whether they stand or sit while having a drink.”
City of Sydney councillors are set to vote on Monday night on a plan to reduce alcohol free zones across the inner city from 428 to 218 for the next four years.
Ms Moore said a review of outdoor alcohol restrictions “indicated there is no robust or reliable evidence to show that alcohol restrictions are effective in preventing anti-social behaviour”.
“NSW Police were not able to provide evidence of how and when they use them, and show that the restrictions don’t in fact lead to over-policing,” she said.
“This concern is shared by community legal centres, community service providers, public interest groups, and NSW Health.
“And police do have the ability to deal with anti-social behaviour under law enforcement powers.
“But in some areas, there was strong community feedback that the restrictions make people feel safer, and we need to take that into account too.”
Ms Moore said the council needed to ensure “people who cannot afford to go to pubs and licenced outdoor events have the same right to enjoy a drink with friends in our outdoor spaces”.
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Originally published as Popular Sydney pub has outdoor hours cut by council staff