The Joey Palm Beach: Court determines late-night trading hour plan for popular restaurant after council refusal

A restauranter who won a court battle to allow his iconic Sydney northern beaches venue to stay open beyond 4pm has lamented the challenges the industry faces from “a few people with too much money and time on their hands”.

A restaurant made famous by its place in the much-loved Aussie drama series Home and Away has won a war against NIMBY neighbours and a Sydney council, getting the go ahead to trade late into the night.

The Joey restaurant in Palm Beach – known as the original filming location for Alf Stewart’s Bait Shop in Home and Away – has been given approval in the Land and Environment Court to extend its trading hours from 4pm until 11pm after Northern Beaches Council knocked back the extension due to “noise pollution” concerns.

A handful of nearby residents had opposed the plans amid fears noise would become “totally unacceptable” and leave them unable to open their windows or doors due to a loss of peace.

Planning staff from Northern Beaches Council agreed with the resident concerns and rejected the 11pm limit – finding it would “likely to result in unreasonable amenity impacts to nearby residential properties” as well as an “inevitable increase” in noise, traffic and other disturbances.

Venue owner Rob Domjen, who runs the restaurant alongside Ben May, was left stunned by the initial decision – pointing out the closest home was 800m walk away and was separated by a nine-hole golf course. However, he said the court outcome meant “common sense” had prevailed.

Venue owners Rob Domjen and Ben May.

“It’s wild how much power a few people with too much money and time on their hands can have and it makes it very hard for venues,” Mr Domjen told The Daily Telegraph.

“We’ve had so much support from the true community but it was just extremely frustrating it took a court appeal to get it approved.

“I don’t know of any other restaurant in Sydney that’s had the amount of restrictions we’ve had.

“We have people from all over the world coming to the venue and we’ve had to say to them that ‘sorry after 4pm we’re closed.”

“Common sense in this instance has prevailed.”

The Joey has been given approval to trade to 11pm.

The court decision comes after Mr Domjen took his concerns to NSW Premier Chris Minns, who said the council’s decision represented “the opposite direction” to the government’s vision for Sydney’s night time economy and hospitality scene.

A petition in support of the extended trading hours had also attracted signatures from 2800 people who called for the council to reverse its decision.

The decision to reject the trading hours led the venue to lodge an appeal to the Land and Environment which this week approved the 11pm limits on a list conditions.

The conditions – agreed to by the council – include a cap on two functions at the venue each week with a maximum number of 140 people.

The venue’s waterfront view over Pittwater.

There are also requirements for amplified music to be operated through an internal house system to “ensure amplified music and use of microphones does not have a negative impact on surrounding residents.”

All patrons must leave the venue within the 30 minutes of the 11pm trading hour limit.

Planning records show the application to extend the operating hours attracted dozens of written submissions to Northern Beaches Council.

Resident Roger Massy-Greene, who was in support of the extended trading hours, said the venue had operated in the location “for many years without problems”.

Dorothy Kamaker accused the council of “buckling to pressure from a few objectors” by refusing the plan.

Dr John Schmidt, who was opposed to the 11pm limits, said noise would become out of control for nearby residents.

“This is not just a minor inconvenience; it’s a significant disruption that will adversely affect the quality of life for nearby residents,” resident Peter Sullivan wrote in another submission.

The Joey was previously known as the Boathouse Palm Beach and reopened this year after undergoing a $7m restoration.

Mr Domjen said plans are now underway for the venue to open until 11pm from next week.