Popular Sydney café wins noise battle against local residents
A popular Sydney café which has been the centre of two years’ worth of sound complaints has been cleared of any wrongdoing.
Sound complaints from residents in the vicinity of Iluka On Baywater in Wentworth Point were investigated by Liquor and Gaming NSW, with the eatery now cleared of creating any noise disturbances.
Most of the complaints were in relation to early morning noise including customers waiting outside for takeaway coffee and “engaging in audible conversations”.
Other complaints included staff shouting coffee orders, patrons sitting on stairs at the rear of the venue and patrons smoking cigarettes around the outside of the building.
Residents called for noise mitigation measures to be put in place including rear doors to be closed between 7am and 9am, food and drink bowls for dogs to be removed and a ban on customers being able to wait outside the building. They also called for staff to encourage patrons to be responsible with noise levels and to put up signs relating to noise levels.
Licensee Greg Barclay responded to the complaint saying residents living near the venue “would have known a commercial premises existed next to or under their property prior to purchasing.”
He said it was necessary on the odd occasion for staff to call out orders. He also pointed out the venue fronted onto a public area and therefore noise could not be directly linked to the venue.
“The venue promotes respect for residents in the buildings around the venue and has placed signage at the promenade entrance that states ‘please respect our neighbours and leave the venue quietly’,” Mr Barclay’s submission said.
“The venue is a cafe, not an entertainment premises, and ambience and a comfortable environment are essential to its success.”
Liquor & Gaming NSW compliance and enforcement director Dimitri Argeres found insufficient evidence that the venue had “unduly disturbed the quiet and good order of the neighbourhood”.
“I find it reasonable to expect some level of noise and disturbance at times will be generated from the venue’s ongoing operation,” he said.
Irit Jackson, 6th June 2022
