Bachelorette winner Sasha Mielczarek’s Burleigh eatery hit with enforcement notice

A fashionable Gold Coast eatery part-owned by a former Bachelorette winner has been slapped with an enforcement notice after a neighbour complained.

Sasha Mielczarek pictured at The Birdcage at the 2015 Melbourne Cup with Bachelorette Sam Frost. He is a part-owner of The Local. Picture: Richard Dobson

A fashionable eatery part-owned by former Bachelorette winner Sasha Mielczarek has been slapped with an enforcement notice by the Gold Coast council, after a neighbour complained.

1744 Burleigh Pty Ltd, trading as The Local, was hit with an enforcement notice by the council on May 5 for alleged offences against the Planning Act.

The enforcement notice alleges The Local “operates as a hotel after 9pm as food is no longer available for purchase”, and that The Local does not have development approval to use the site as a hotel.

Details of the dispute were revealed in the Planning and Environment Court where 1744 Burleigh Pty Ltd has filed an appeal in a bid to set aside the enforcement notice.

The appeal notice filed in court on June 2 states that a council development compliance officer inspected the eatery on October 25, 2022 and “ascertained that the premises are being used for the purpose of both a food and drink outlet and a hotel”.

"The Local" at Burleigh Heads.

The eatery is across the road from the beach, on the corner of the Gold Coast Highway and West Burleigh Rd, in a trendy and bustling alfresco dining precinct, near the Burleigh Heads Hotel and Burleigh Heads Surf Lifesaving Club.

In its appeal, 1744 Burleigh Pty Ltd states that the use of the premises as a cafe/restaurant was historically established under the superseded 2003 Gold Coast Planning Scheme.

“Harry’s Steak Bistro previously operated at the premises immediately prior to the use of the premises for Local Burleigh Cafe/Restaurant which involved the service of alcohol and the provision of entertainment, including dancing,” the appeal states.

“The activities that are currently occurring on the premises for the restaurant known as The Local Burleigh Cafe/Restaurant are consistent with the historical use of the premises,” the appeal states.

1744 Burleigh Pty Ltd argues that its restaurant only sells alcohol for drinking on the premises until 10pm, when the kitchen closes at 9pm on Thursday’s, and on Friday and Saturday the kitchen again closes at 9pm and drinks are sold until 11.30pm.

"The Local" at Burleigh Heads.

“To the extent the restaurant use serves alcohol once the kitchen closes at the premises, that use is ancillary to the lawful use of the premises for the Local Burleigh Cafe/Restaurant,” the appeal states.

“There is no basis for issuing the enforcement notice because the premises is not being used as a hotel,” the appeal states.

The Local is owned by Sasha Mielczarek, 38, who now lives in Burleigh Waters, along with

hospitality veteran Steven Heincke, 47, from Palm Beach, his brother Wes Heincke, 40, from Canberra as well as Nick Mynott from Currumbin Valley and Jack Vanderglas, from Austinmer, NSW.

Mielczarek won the final rose from Sam Frost’s Bachel­orette in 2015.

The court has not set a date to hear the appeal.