Adelaide hotel challenges council ban on live music and DJs
Prominent Adelaide pub owning family Peter and Jenny Hurley will not accept a council ban on loud music at one of their hotels.
Rather than copping it, they are appealing Norwood, Payneham & St Peters Council’s development assessment panel decision.
That particular decision banned DJs and amplified music at the Kensington Hotel.
The council panel’s decision angered the hotel’s management. Rather than creating a public nuisance, they said all they were doing was supporting local musicians and keeping the public entertained. That’s all they wanted to do.
As a result, they have argued that the panel “erred” in refusing the application on the basis.
That refusal, the panel felt, was on the basis of the increased noise disturbing residents near the Regent St pub.
As a result of the panel’s ruling, the Kensington right now is restricted to playing background music and performances by unaccompanied pianists, vocalists and guitarists.
The Hurleys’ consultant, planner Julie Jansen, made it quite clear in documents lodged with the Environment, Resources and Development (ERD) Court that the music was not going to be a problem.
Any loud music, he said, could be “appropriately managed”.
“The entertainment proposed … would not result in an adverse impact on the owners and occupiers of properties (near the pub),” Mrs Jansen said in the submission.
Bu the Hurleys have a fight on their hands.
The court, in a preliminary hearing last week, made a ruling allowing two Kensington residents who opposed the original application to support the council panel in defending its decision.
Bridge Street resident Judy Carmen said granting the music licence would lead to an increase in patronage. And that, she said, would lead to increased noise around the pub.
My concern is that what they are wanting to do is attract a lot more people,” Dr Carmen told the court.
“And when those people leave, with a belly full of beer no doubt … it is going to create problems.”
The court has ordered the parties to meet on October 31 for out-of-court mediation.
by Leon Gettler, October 16th 2017
