Henley Beach resident Jodie Boettcher records a win in latest round of two-decade battle over noise at Bacchus Wine Bar

A beachside resident who has spent decades in a battle over music at a wine bar next to her house has had a win – but been told loud noise is to be expected.

A beachside resident who has spent two decades in a battle over music at a wine bar next to her house has had a win – but been told that loud noise is to be expected.

Jodie Boettcher asked the state’s Licensing Court to take action over what she argued was “unduly annoying and disturbing” noise emanating from Bacchus Wine Bar at Henley Square.

Ms Boettcher bought her house – located metres away from the bar – more than 30 years ago, when Henley Square had only a few licenced premises.

In a statement to The Advertiser, she said she was one of 33 residents who in 2006 formally raised concerns about disruptive noise, particularly at night.

“Despite efforts, the noise issues persist, leaving residents feeling frustrated yet determined to find a resolution,” she said.

As a result, she and others made numerous complaints to the Liquor and Gambling Commissioner, a Licensing Court judgement said.

Bacchus Wine Bar at Henley Beach. Picture: Brett Hartwig

Ms Boettcher was involved in various applications and hearings concerning Bacchus Wine Bar in 2012, 2014, 2016 and 2017, and different orders were made.

She said the noise issues subsided after a series of conditions were imposed in 2017, and the reprieve continued during the period of Covid restrictions.

Ms Boettcher said that after Covid restrictions were lifted in September 2022, noise levels emanating from the bar were “just about the worst they had been in 20 years”.

She said the noise is so loud that she can hear the words of the songs played even when the windows and doors of her house are closed.

Songs played at the bar include Dancing Queen and Wake Me Up Before You Go-Go, which she said was ironic given the issues she was having with sleep.

Her lawyer told the court that she is not “unduly sensitive”, and the noise emanating from Bacchus Wine Bar is “noticeably different” to that coming from other licensed premises in the area.

She first said loud music is played during the summer months from Wednesday-Sunday, sometimes until 1am – but during cross-examination agreed the DJ usually only plays on Friday and Saturday nights and Sunday afternoons.

On Friday night, the music usually finishes before 11.30pm and on Sundays it usually finishes between 8-10pm.

The court found, in striking the right balance, Ms Boettcher must accept that she will be subjected to loud noise emanating from Bacchus Wine Bar, especially over the summer months.

It also noted that contemporary standards in matters such as this one have shifted in favour of live entertainment.

But it went on to say “it is reasonable to place some limits on when live entertainment can be provided”.

Accordingly, the court upheld Ms Boettcher’s complaint and ruled that live entertainment will only be permitted on Fridays and Saturdays from 12noon-11pm, and Sundays 12noon-10pm.

Permission was also granted for live music on public holidays and the day prior to public holidays.

Originally published as Henley Beach resident Jodie Boettcher records a win in latest round of two-decade battle over noise at Bacchus Wine Bar