Newstead venue Defiant Duck told to quieten down amid court battle over neighbours’ noise complaint

One of the most popular venues in this hip inner-Brisbane suburb has become a victim of its own success, with council taking it to court over noise complaints.

An enforcement notice has been slapped against one of Brisbane’s most popular watering holes, after neighbouring residents raised a racket over the venue’s noise.

The swanky Defiant Duck, at 100 Skyring Terrace, Newstead, is located next to the prominent and well known Gasworks ring, and has become a popular spot thanks to events like drag trivia.

But the venue has become a victim of its own success, with court documents revealing Brisbane City Council slapped Defiant Duck’s landlord Growthpoint Properties Australia with an enforcement notice over noise complaints in November last year.

“A search of the (council’s) records indicated that acoustic certification had not been submitted to the (council) regarding the requirements for acoustic certification,” legal documents said.

Defiant Duck has generated noise complaints from neighbouring residents, according to court documents. Photography David Kelly

Documents revealed council had first raised the issue in October, referring to the matter as a “development offence.”

The enforcement notice required the building’s owner to get certification by February 15.

Growthpoint has since launched legal action asking a judge to overturn the enforcement notice or give the company until July 16 2021 to comply with council’s demands.

A Brisbane City Council spokesman told The Courier-Mailthat the judge had granted the Defiant Duck until mid-July to comply with council’s direction.

“We investigated a noise complaint regarding the Defiant Duck venue in Newstead and found it had not met a condition of approval, which was to provide certification for its sound levels before it opened to the public,” the spokesman said.

Interior of Defiant Duck. Photography David Kelly

Documents submitted by Growthpoint suggest neighbouring apartments had complained about noise levels.

“The acoustic consultant had difficulty obtaining access to the Neighbouring Residential Apartment for noise testing and the Appellant had been liaising with the Body Corporate manager since mid-October to gain access,” the documents said.

“(Growthpoint) has been in contact with the Tenant since receiving the Show Cause Notice to implement a set of procedures intended to minimise disruption to neighbours.”

A lawyer for Growthpoint declined to comment, stating that the company was “currently working through the appeal process”.