Owner of floating Kangaroo Point seafood restaurant sues State Govt

The owner of the only floating seafood restaurant in Brisbane has begun court action against the State Government in what he admits is a last-ditch, David and Goliath battle.

Sam Brennan and Chris Dougherty on board Prawnster. Picture: NIGEL HALLETT

The owner of the only floating seafood restaurant in Brisbane has begun court action against the State Government for trying to force him out of Kangaroo Point’s Dockside Marina.

It is the latest chapter in a saga stretching back three years.

The Prawnster’s two boats, which are moored side-by-side at the marina, are the only commercial operators left after the businesses were told to leave by this month when marina lessee Ken Allsop lost his final bid to make the Government change his lease conditions.

Prawnster owner Martin Brennan said the Supreme Court action would likely cost a huge amount of money, but he had run out of options.

“I’ve asked them why we can’t tie up at the State Government’s pontoons outside the cultural centre (at South Bank),’’ Mr Brennan said.

“Two other commercial cruise boats that were here at Dockside moved there (about the start of the pandemic) and have been tied up ever since.

“They can go anywhere but we can’t. Our customers are in the (inner city).

“It’s a bit of a David and Goliath battle, but I’ve got no choice so I have started action in the Supreme Court.’’

Sam Brennan and Chris Dougherty on board Prawnster. Picture: NIGEL HALLETT

Mr Brennan said his operation was never disputed by the Government and that Mr Allsop’s application to change the seabed lease conditions would likely have been approved if he had not kept expanding operations at Dockside.

Mr Brennan said he had gone from only one boat to two, with minimal impact on Dockside apartment residents.

He employed about a dozen staff, with many rave reviews on TripAdvisor.

Early last year, Mr Brennan claimed water police had visited his business every weekend for more than a month after a complaint his two boats were not correctly tied up.

He said he was also hit with numerous inspections and other complaints.

Mr Allsop has been battling to appeal a Department of Resources edict in 2022 to boot out commercial operators, with DoR insisting the facility was only ever intended for recreational boat users.

When previously contacted about the issue, he has denied the claims from unit owners about noise, smell and safety.

A DoR spokesman said the Government recognised the value of the tourism operators on the Brisbane River.

“However, lessees on government property are required to meet the conditions on their leases,’’ he said.

Seafood dine-in business Prawnster started with one vessel, but now has two moored side-by-side. Owner Martin Brennan is suing the State Government.

“The department is aware the lessee at Dockside Marina has provided the commercial vessels and operators with notice to vacate the marina.

“The department will continue to monitor the situation to ensure the lessee complies with the conditions of the lease.

“Work is continuing across the government to identify alternative mooring for the businesses operating from the marina.’’

The expansion of commercial operators in recent years, including jetski and electric boat hire, sparked complaints from residents in the adjacent Dockside unit towers.

They said there had been frequent noise from customers, smells from rubbish and alleged safety issues caused by golf buggies towing rubbish bins and supplies back and forth across a public boardwalk.

In February last year DoR ordered the businesses to leave by April, sparking threats of a floating blockade.

The department offered a “moratorium’’ after the 2022 floods badly damaged the marina.

Mr Allsop then requested an internal review of DoR’s eviction notice, but the department’s original decision was upheld in June before a final notice to leave was issued earlier this year.

Jetski Brisbane has left Dockside Marina, as have all other commercial operators except Prawnster.

It is believed the owner of Aquarius Charters has been trying to sell and get out of the charter business.

Brisvegas, which runs Lady in Red and James Cavill, took the chance to move more than a month ago after rare vacancies for Brisbane River berths opened at Rivergate marina.

But they said that was only a temporary solution. They also faced much higher staff, fuel and wear-and-tear costs because of the long steaming time from Rivergate to the CBD, where most of their passengers boarded.

GoBoat, which operates small electric hire vessels, now ties up at Breakfast Creek near the Mercedes Benz headquarters but was understood to prefer a berth nearer the CBD as well.

Its boats were too slow for customers to motor to the CBD and they could not handle strong currents.

Jetski Brisbane has also recently left Dockside.