Justin Hemmes gains approval for Vic on the Park beer garden after Inner West Council planning battle

An alfresco legal stoush over a beer garden at a popular drinking hole has been settled in a court after a two-year planning battle between a Sydney council and pub baron Justin Hemmes.

Justin Hemmes pictured at the beer garden. Picture: Richard Dobson

A beer garden at a popular Merrivale drinking hole has been saved following a two-year planning battle between Inner West Council and pub baron Justin Hemmes.

Patrons at the Vic on the Park pub will be able to continue drinking in the great outdoors after the Land and Environment approved plans for a beer garden to permanently operate at the Marrickville venue.

The outdoor seating arrangements were put in place in the venue during the peak of the Covid-19 pandemic as part of a social distancing measure and involved tables placed on a former pub car park.

The beer garden was subject to council critisism.

Justin Hemmes’s hospitality group – Hemmes Property Pty Ltd – applied to the council to make the beer garden a permanent fixture, saying it would increase the seating options available to patrons who may have previously been only able to sit inside.

But the council – which prides itself on supporting the local pub and hospitality sector – refused the proposal due to potential noise and “vibration” impacts.

The council – along with several local residents – also objected to the loss of 20 car parking spaces, stating there was “little capacity for patrons and staff to park within the surrounding streets during peak times”.

The beer garden was established during the Covid-19 pandemic.

“In view of the likely additional noise and parking impacts for the local area, the proposal is not in the public interest,” the council’s surmised.

Hemmes Property Pty Ltd launched an appeal against the council’s in the Land and Environment Court.

The case has now been settled in court after an agreement was reached with the council that will require Hemmes Property Pty Ltd to build a 7.6m wall around the beer garden to mitigate noise.

The outdoor dining option will remain in place at the venue.

Mr Hemmes said the beer garden was “the heart of the Vic” and is “loved by people from all walks of life.”

“We’re very happy with the positive outcome, it was a result of a collaborative court process with the Inner West Council and we’re appreciative that we came to an agreement together.

“Throughout the process we’ve been overwhelmed by the support, and we’re especially grateful to the 16,462 people who signed the petition to save the beer garden.

“We haven’t planned anything yet (to celebrate the outcome) but this definitely calls for a celebration so stay tuned.”

The approval comes as the State Government pushes ahead with new initiatives to revive Sydney’s hospitality and nightlife scene including reforms to reduce the burden of noise complaints on venues as well as new laws focusing on outdoor drinking legislation and licensing laws.

Plans for the beer garden stated the outdoor seating would “support the continuation of the Vic on the Park as an invaluable local hospitality venue and public gathering place”.

The plans also add that while the beer garden had capacity to accommodate up to 400 additional patrons it was “not anticipated to consistently generate such patronage”

The council’s annual report shows it spent $26,132 in legal fees in relation to the case.

The beer garden will be able to operate as late as 12.30am on Mondays to Wednesdays, 2.30am on Thursdays to Saturdays and 10pm on Sundays.