Beresford Hotel Surry Hills: Footpath dining plan faces strict council conditions after wave of resident complaints

A popular Sydney pub will have to abide by strict conditions in its plan to operate an outdoor dining area in response to resident complaints over noise and anti-social behaviour.

One of Sydney’s most well known drinking holes has faced a red tape battle in its plans to operate a small outdoor dining area with council planning imposing strict conditions on the set-up in response to complaints from residents and strata owners.

The Beresford Hotel will be able to set up tables and chairs on a 3.1m section of footpath outside the Surry Hills venue in a move aimed at expanding its dining options for patrons.

Justin Hemmes-led hospitality group Merivale – which has operated the Surry Hills pub since 2010 – originally wanted a 13 sqm section of footpath – however this was slashed to just 3.1 sqm as part of the footpath dining approval by the City of Sydney Council.

The list of strict conditions for the outdoor dining area imposed by the council includes an “absolute maximum limit” of 16 chairs on the footpath.

Conditions of approval also require Merivale to ensure the seating “does not result in any nuisance to the amenity of the area or obstruct or cause damage to the footway.”

Justin Hemmes at The Beresford Hotel in Surry Hills.

The list of conditions further ban speakers from being installed, as well as prohibiting ‘spruiking’, music or any other form of ‘amplified noise’.

The council stated the conditions would address public objections raised in submissions which included concerns about property prices and disruptions to homeless people who may use the footpath.

The council received a total of 45 pages worth of written submissions from residents and strata bodies of nearby apartments opposed to the seating plan due to concerns including noise, “light pollution” and fears of “anti-social behaviour”.

The Beresford Hotel wants to have an outdoor dining area.

In one submission, resident Matthew Thompson said he had concerns over traffic impacts, the sound of car horns, and potential “yelling and screaming from patrons’’.

Another resident, Viriginia Wolley, said the outdoor seating could cause an intolerable “sound tunnel” effect for surrounding residents who already experience difficulties sleeping.

A submission on behalf of the strata body of the nearby Alba building raised concerns that the use of the Bourke St pavement “would have a deleterious impact on the quiet enjoyment of residents in the vicinity”.

Sydney City Councillor Lyndon Gannon.

City of Sydney councillor Lyndon Gannon said the complaints by residents and conditions imposed on the venue highlight the challenges facing the city’s hospitality sector.

“We want to keep Sydney alfresco and the council even has fee-waivers to support outdoor dining,” he said.

“But then we get a handful of residents complaining and venues either have conditions imposed on them which make (outdoor dining) unviable or the dining areas get shut down.

“It’s stunting people’s ability to have fun.”

The application faced backlash from some residents.

Merivale’s group general manager of food & beverage Frank Roberts said the alfresco dining option was aimed at adding to the vibrancy and liveliness of the area.

“The success of alfresco dining in the CBD and in suburbs like Surry Hills has been proven and it’s created a wonderful liveliness in the community,” he said

“While there are always contrary views, in our experience most residents and visitors are supportive of utilising outdoor dining areas.”

The approval was granted on a one year trial period, lapsing in March 2025, which will enable the council to consider any impacts that arise during the operation.

Merivale had proposed to operate the area as late as midnight, however the council set a cap that will require the venue to operate it no later than 8.30pm, seven days a week.

According to plans, the use of the footpath was intended to be in line with council strategies to support the hospitality industry following the Covid-19 pandemic which includes the council waiving outdoor dining fees until June 2025.