House of Whisky Bruny Island: Council temporarily closes business

A renowned southern Tasmanian whisky bar has already lost a “key” staff member and is in danger of losing more after its council issued an enforcement notice, temporarily shutting it.

Bruny Island Smokehouse owners Tony McLaine and Raven Vass, depicted in circa 2010. Picture: File

A renowned Bruny Island whisky bar has been forced to temporarily close for almost a month due to being issued an enforcement notice by Kingborough Council, which alleged that the business was conducting a prohibited use under the planning scheme.

However, Bruny Island House of Whisky Pty Ltd and Raven Vass, its owner, have won an initial victory in the Tasmanian Civil and Administrative Tribunal, paving the way for it to reopen.

The tribunal ruled on Thursday that the operation of the enforcement notice be stayed until either determination of the applicants’ appeal against the notice, withdrawal of the notice, or further order by the tribunal.

Ms Vass declined to comment when contacted by the Mercury on Sunday. She said she had a “preliminary hearing” into the matter on Monday.

Bruny Island Smokehouse, owned by Tony McLaine and Raven Vass, which subsequently became House of Whisky. Picture: File

House of Whisky has been operating at its 360 Lennon Rd, North Bruny, site “for many years, having evolved from the Bruny Island Smokehouse,” tribunal deputy president Richard Grueber said in his decision.

House of Whisky, under its previous guise, had a permit to operate as a restaurant on the site, which is zoned environmental living.

Its current use however, that of hotel industry, is not permitted under the current zoning, council alleged.

This was the basis of the enforcement notice, issued on March 2. The notice ordered operations cease until resolution of the matter. House of Whisky appealed eight days later.

Mr Grueber said that House of Whisky became aware in November last year that their use of the land was no longer supported by the planning scheme.

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“As a consequence, the appellants have engaged planning consultants with a view to applying for a site-specific amendment to the Scheme to enable a permit for the use,” Mr Grueber said.

House of Whisky contended that, rather than force them to entirely cease operations until the matter’s resolution, it would be “reasonable to require them to take all reasonable steps to ensure planning compliance rather than to require immediate cessation of business”.

In support of its application for a stay on the operation of the enforcement notice, House of Whisky noted that it was in the process of gaining the necessary approvals; that a prolonged closure would “endanger” the business’ viability; and that it has already lost one “key” staff member due to the closure, and further losses would also lead to viability concerns.

Mr Grueber ultimately agreed with House of Whisky’s submissions.

He noted that Kingborough Council’s planning department had already agreed in-principle to support a site-specific qualification allowing House of Whisky to continue to trade at the site.