Bar M to close at 10pm after Sydney Council rejected application
One of Sydney’s top late night eateries has become a victim of the city squeeze with Sydney Council wanting to impose earlier closing hours. Bar M restaurateur Paula Toppi says the move will kill her business and warns other venues across Sydney could suffer the same fate.
One of Sydney’s top late night eateries has become a victim of the city squeeze with City of Sydney Council wanting to impose earlier closing hours.
In a move Bar M restaurateur Paula Toppi says will kill her business and warns other venues across Sydney could suffer the same fate, the council has claimed neighbour complaints about bar mitzvah’s, birthdays, weddings and other events for its decision.
For the past three years, Bar M has operated until midnight, allowing for two dinner seatings but from May 1 she will be forced to close her Neild Avenue, Rushcutters Bay, restaurant at just 10pm.
The late night ban means she will lose half her earnings.
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“Fifty per cent of the business will be gone,” she told The Saturday Telegraph.
“It will ruin a lot of businesses and they can’t just single me out. Every restaurant is at risk. The repercussions and fall out from this would mean any neighbour could call up and claim a restaurant is a function centre.”
The City of Sydney provided a one year DA approval to trade until midnight when Bar M opened three years ago. After that year, a further two were approved.
An application to extend those trading hours for another five years was denied a week ago.
Mrs Toppi can lodge a formal review, which would allow the venue to trade until midnight while the review is underway.
The well known business woman has vowed to fight the judgement.
WHAT IS A FUNCTION CENTRE
NSW legislation states a function centre to be “a building or place used for the holding of events, functions, conferences and the like and includes convention centres, exhibition centres and reception centres, but does not include any entertainment facility”.
A restaurant and cafe is “a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided”.
“The legislation clearly defines what a function centre is and what a restaurant is,” Mrs Toppi
said. “We clearly don’t fall in the category of function centre.”
When contacted a City of Sydney spokeswoman said the DA application had been declined for a number of reasons.
“The venue was found to be holding wedding receptions and corporate functions without appropriate development approval,” the spokeswoman said.
“Numerous noise complaints were received from nearby residents to NSW Police and the City about amplified music at the venue; and NSW Police made a submission opposing the extended hours, which included a log of noise complaints and instances of the venue operating outside its development consent.”
The venue must now revert to its originally approved operating hours of 7am to 10pm, however the owner of Bar M has been reminded that should they lodge a formal review of the City of Sydney’s decision, or seek a legal appeal, current extended trading hours until midnight can continue while the review is underway.
Bar M is located in a residential area and not within a current or proposed late night trading area. The venue has only ever been approved to operate as a restaurant, which permits seated dining and ambient music.”
‘A DISASTROUS PRECEDENT’
City of Sydney Councillor Christine Forster, former Prime Minister Tony Abbott’s sister, is fighting the decision from within the Lord Clover Moore led council.
“A disastrous precedent to set,” Ms Forster wrote on Instagram. “This sounds like the typical ridiculous red tape that does nothing but hurt small business and venues who are trying to bring vibrancy and diversity to our city’s struggling night-life. I’ve long been a supporter of winding back Sydney’s draconian lockout laws but this type of attitude from Council just makes it harder for our city to remain a night time destination of choice.”
Up until a decade ago, Neild Avenue was an industrial area. Development soared over the past 10 years, seeing an increase in residential living in the area.
Mrs Toppi, who has been in the business for 35 years and previously ran Machiavelli restaurant in the CBD, employs 30 staff and says events like weddings, charity functions and birthdays account for no more than five per cent of the business.
‘COUNCIL HAS GIVEN US JUSTICE’
Neighbour Stewart Kennedy has led the campaign against Bar M.
“At last the council has given us some justice,” marketing consultant Mr Kennedy said. “The restaurant operates quite well and is no issue during the weeks.
“Someone is going to wake up one day and realise that Neild Avenue has become a fairly dense residential area. You don’t have to be Einstein to realise it is not suited for a restaurant.”
Mr Kennedy suggested the location would be better suited to offices, retail outlets or an art space.
“An architectural practice would look fantastic in there, or an ad agency or marketing group,” he said. “It is a lovely boutique space.”
In response, Mrs Toppi said Mr Kennedy bought his apartment knowing a restaurant was operating at the site.
“Council deliberately categorised the property as a B4 mixed use so there would be amenities for residents,” she said. “The inner city is about convenience and residents should be worried if this dangerous precedent is set.”
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