Craft brewery fights closure over alleged ‘development breaches’

A South East Queensland craft brewery has been slapped with an enforcement notice by the local council accusing it of breaching development laws, demanding it close its bar by Christmas.

Mouse Proof Brewing Pty Ltd's brewery in Toowoomba has been hit with an enforcement notice by council. Photo from their Instagram mouse proof.,

A small Queensland craft brewery has been slapped with an enforcement notice by the local council, accusing it of breaching development laws and demanding it close its bar by Christmas.

Mouse Proof Brewing Pty Ltd, which produces and sells craft beer and food from part of the old Dairy Farmers factory on Brook St North Toowoomba, was slapped with the notice on September 20, court documents state.

Toowoomba Council is demanding they stop using the premises as a bar by December 22, unless they can get a certificate allowing occupation and operation of the business to “remedy the development offence”, court documents state.

The brewery which opened its doors in August 2021 is fighting the notice in the Planning and Environment Court in Brisbane, submitting that the enforcement notice is invalid because they were not given a show cause notice as a first warning.

“The works the subject of the enforcement notice are lawful, or in the alternative to the extent they are not lawful (which is not admitted), are capable of being remedied,” the appeal notice filed on Thursday October 19 states.

The appeal states the heritage building built in 1906 – which Mouse Proof Brewing does not own but leases – has a development approval from a certifier for building work to fit it out as a brewery, and preliminary approval for a material change of use.

Mouse Proof Brewing also submits in its appeal that the enforcement notice should not have been issued because it is based on an “unauthorised site inspection” dating back to February 17, 2023.

It also alleges that the notice fails to describe the nature of the alleged offence.

Mouse Proof Brewing is owned by John Bennett, 40, from East Toowoomba, Malcolm Campbell from Prince Henry Heights, Stirling Roberton, 29, from Rockville, Ned Skehan, 29, from Gum Flat, Job King, 29, from Holland Park and David West, 28, from Aubigny.

The brewery operates from the factory’s former ice room and canteen.

The case is in its early stages and no date has been set for hearing.

“We’ve been focused on community right from the start,” Mr Bennett told The Courier-Mail, speaking outside of court.

“During Covid-19 we were effectively the only venue in town paying musicians to play original music.

“Council’s approach has been to be very unhelpful, stating they are committed to working with us, but it very much feels quite the opposite” he said