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Rooftop bar in Brisbane appeals potential licensing breach

A Brisbane bar has taken Brisbane City Council to court to appeal an enforcement notice over a potential licensing breach.

Eleven Rooftop Bar in Fortitude Valley was issued a show-cause notice by the council, for operating a licensed venue of greater than 100 square metres without development approval.

The council then issued an enforcement notice in November "after investigations determined the ground-floor area use at the premises exceeded 100 square metres".

"Under City Plan 2014, development approval is required for a venue where licensed ground-floor area use exceeds 100 square metres," a council spokeswoman told Fairfax media.

"No development approval was previously requested or granted to Rooftop Eleven Pty Ltd or the building owner.

"Under the Planning Act 2016, council can consider issuing an infringement notice or to proceed to court action if the enforcement notice is not complied with."

But Eleven Rooftop Bar are appealing in the Brisbane Planning and Development Court, saying the licensed premises did not exceed 100 square metres and did not require a development approval to operate.

 

 

Sheridan Randall, 19th December 2019