Owner of popular eatery could take legal action against council

THE owner of a popular beachfront eatery who has ploughed more than $1m into upgrading the building will be forced to shut his doors because the council won’t extend his lease on the site.

A selection of small deserts from Nshry in Albert Park.

THE owner of an Albert Park cafe says he will take legal action against Port Phillip Council after he was forced to shut his business amid planning uncertainty.

Michael Nham told the Leader since setting up popular foreshore eatery Nshry in 2010 he had spent more than $1 million on upgrades and further design proposals aimed at bringing the site in line with the Disability Discrimination Act.

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The building also has a slew of structural issues Mr Nham says he has been trying to combat, including a leaky roof and rusted steel frame.

“I’ve been trying to renegotiate a lease past November and get approval for more upgrades at the site for the last eight years,” he said.

“This whole process has just worn me down.”

Jenny Nham with selections of small deserts from Nshry in Albert Park.

Mr Nham said the cafe’s chef and manager had recently quit because he couldn’t guarantee them work beyond November.

“I had no choice but to shut — it’s all been such a mess,” he said.

At a meeting last month, councillors voted to explore other uses for the site rather than offer Mr Nham a lease extension.

A public consultation process is expected to start soon.

Mr Nham said he would take the council to court over the matter, citing loss of opportunities.

“I had offers from people wanting to buy me out but I’ve lost that chance now; no one will buy it without a lease in place past November,” he said.

Cr Andrew Bond said it was “appalling” Mr Nham had no certainty going forward.

Mayor Bernadene Voss said it was the council’s priority to ensure “best value is achieved for the community”.