The Vic On The Park: Justin Hemmes takes Inner West Council to court to save beer garden, al fresco dining

Pub mogul Justin Hemmes has made a desperate plea to save Sydney’s al fresco dining scene as he prepared to take a council to court over its refusal to safeguard a popular beer garden.

Justin Hemmes at The Vic On The Park’s beer garden, which he was calling on to stay permanently. Picture: Richard Dobson

Pub mogul Justin Hemmes has made an impassioned plea to save Sydney’s al fresco dining scene as it was revealed he was taking one council to court over its refusal to safeguard one of his hotel’s beer garden.

The hospitality king’s company Merivale has filed an appeal in NSW’s Land and Environment Court against the Inner West Council’s decision to reject the Vic On The Park’s bid to make its 400-person beer garden permanent.

The Vic was allowed to use its carpark as a beer garden during Covid under an exempt development – introduced by the state government to accelerate outdoor dining – but which expires later this year, something Mr Hemmes was rallying against.

“The government introduced this fantastic initiative and we’ve seen some incredible examples across NSW,” he said.

“It’s a much bigger story than just the Vic – it’s been a game-changer for the city.”

Mr Hemmes urged councils to safeguard the resurgence of al fresco dining and outdoor drinking. Picture: Richard Dobson

The beer garden, surrounded by Marrickville’s brewery district, has not had one noise complaint and, Mr Hemmes said, would be wasted as a car park.

“Do we want to keep a pub car park, in one of the best suburbs in the world, or do we want a great outdoor space,” he asked. “I think you’d get a clear answer.”

Almost 15,000 people have signed a change.org petition calling on council to save the garden and, with the world’s night-time mayors in Sydney this week, Mr Hemmes encouraged decision makers to ensure the al fresco scene wasn’t rolled back.

“Everyone wants the same outcome, which is a more vibrant, safer and active city,” he said.

“Our city is alive, it’s never been this good – let’s keep that momentum going.”

The popular beer garden of the Vic. Picture: change.org

Marrickville’s The Vic On The Park. Picture: Supplied

Mr Hemmes applauded the al fresco push of Inner West Council, which compounded his confusion when it rejected the Vic’s application.

“The council have done a great job creating entertainment precincts and making the area more vibrant,” he said. “So I find it surprising the position we’ve found ourselves in.”

In court documents filed by Merivale on April 24, it sought to appeal the council’s refusal.

Inner West Council planning staff refused the DA last year over an “insufficient acoustic report” and lack of car spaces, describing it as “not in the public interest”. It also referenced noise, disturbance from patrons and anti-social behaviour.

However, a sound expert who conducted acoustic tests on behalf of Merivale refuted the council’s stance, determining there’d be “no measurable sound increase”, and there was ample street parking and public transport links.

Mr Hemmes at the Vic’s at-risk beer garden. Picture: Richard Dobson

An Inner West Council spokesman said it was hoping to work with Mr Hemmes to find a solution.

“The Inner West actively encourages outdoor dining throughout the LGA and we have offered to work with the owner of the Vic On The Park to refine their DA so that it meets requirements,” he said.

The spokesman said given proposed trading hours until 2am on four days a week, for up to 400 patrons, “additional acoustic testing was a reasonable requirement”, which, it said, Merivale had so far not carried out.

“Elected representatives play no part in the DA approval process,” he said. “We remain ready and willing to work with the Vic on the Park to resolve the issue”

No hearing date in the NSW Land and Environment Court has yet been set.

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