Council backflips on threats of police action over local restaurant marquee

A desperate plea from a restaurant owner after a stoush over an outdoor dining set up has rallied the support of the whole community.

Charles and Gamon owner Eamon Walmsley locked in battle with local council.

A desperate plea from a Seddon restaurant owner after a stoush over an outdoor dining arrangement has rallied the support of the whole community — and been heard by the local council.

The Maribyrnong Council has also now apologised for its ‘zealous’ handling of the matter after the owner of Seddon restaurant Charles and Gamon, Eamon Walmsley, was threatened with police action for erecting a marquee in front of his restaurant to allow patrons to dine outdoors.

Mr Walmsley was incredibly thankful for the community support he’d received.

“It‘s a hell of a community, man. Don’t mess with the West,” he said.

He had ticked all the boxes before erecting the marquee, including securing a ‘Letter of Comfort’ from the Maribyrnong Council confirming that it was OK to do so, at a cost of $163.

But last Friday, representatives of the council issued him with a seven day notice to remove it, which they claimed was an unapproved permanent structure.

He was told that the police would be called if it was not removed by the deadline.

He said he had been shocked when council representatives arrived on the first day of lockdown.

He described the meeting as “the most breathtaking confrontation I have had in my professional life.”

Maribyrnong Council backed down from its decision Thursday morning; contacting Mr Walmsley to discuss the matter.

The Mayor of Maribyrnong, Michael Clark, apologised on behalf of the council and confirmed that the marquee would not be taken down.

“From a council perspective, we‘ve acted within the law,” he said.

“But we’ve acted with a level of zealousness that is not really appropriate to the occasion, not at all.”

Mr Clarke admitted that the council had handled the matter poorly, but maintained that they had the law on their side.

Mr Clarke said the council would approach future matters with more empathy.

“In this period of Covid, we really need to embrace a culture of kindness. We need to take that extra step, to make sure that we are supportive and caring of each other, and particularly of small business in what is a period of time when... a lot of people are really hurting, so we‘ve got to help.”

Mr Walmsley said he was happy that the issue was resolved.

Mr Walmsley said diners could expect the marquee to remain at Charles and Gamon throughout the winter.

The restaurant serves modern Italian cuisine and is located on the corner of Charles St and Gamon St in the heart of Seddon, in Melbourne’s inner-west.

Mr Walmsley said the amount of community support he had received over the matter was amazing.

“It‘s a hell of a community to have by your side. I wouldn’t want a lot of them against me in a fight,” he said.