An application by the owners of a pizza and kebab shop in Cronulla mall to open until 2.30am on weekends has been refused despite the mayor going into bat for them.
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The Independent Hearing and Assessment Panel (IHAP) unanimously supported the recommendation of Sutherland Shire Council staff to reject the application by Cronulla Pizza, Pide and Kebabs, which at present has to shut at midnight.
Mayor Carmelo Pesce spoke at the hearing in support of the owners, who approached him as “a local councillor”.
Cr Pesce said, at present, shire residents who wanted to eat somewhere other than licensed premises after midnight had to travel to Brighton-Le-Sands.
Cr Pesce He said that extended hours would often “make or break a business”.
Inspector McGrath and Senior Constable Shade, from Miranda local area command, opposed the application.
They said statistics showed significant violence and other incidents in the immediate vicinity of the premises.
The police said there was an improvement in antisocial behaviour after the shop closed at midnight.
“The police experience had been that people stopping for the purpose of eating food outside the subject premises resulted in patrons remaining unmanaged in the area, with the result being repeated antisocial behaviour,” the panel’s report said.
“The incidents were reported to include a significant brawl and an assault on police.
“Upon questioning from the panel, the police advise that the violence did not originate from the premises, but was associated with the premises encouraging people leaving licensed premises to remain in the area.
“The applicant Ms Kaplan responded to these concerns by firstly stressing the importance of there being an area in the Sutherland district for entertainment.
“She said that the proprietors of the business had always assisted police in dealing with anti-social activities including reporting incidents when they observe them.
“She said that issues of noise impacts and loitering would be present whether or not the premises were open.
“She explained that in response to the complaints about the premises, it was proposed that furniture would be removed from the mall and the proposal was to conduct sales only through a hole in the outer shutter door.
“An acoustic report had not been prepared only because of the cost.”
The panel attended the site and inspected the surrounding locality.
“Particular attention was given to the relationship of the site to the local taxi ranks and railway station and surrounding licensed premises,” the panel’s report said.
In making the decision, the panel said:
“Particular features of these particular premises which the panel found made them unsuitable for latenight trading were its location in the centre of the mall, where they are separated from other late-night trading premises, and the small floor area which did not allow for patrons to wait for their food off the street where they could be managed by staff. “
Reasons for refusal included that the proposal:
- Fails to assist in the creation of a safe public domain, with a high standard of public amenity.
- Does not satisfy requirements in the Development Control Plan.
- Is likely to result in unacceptable social impacts in the locality.
- The submission by police raises significant concerns with violent and antisocial behaviour associated with the extended trading hours.
- Extended trading hours are not considered to be in the public interest.
- The site is not suitable for the extended trading hours sought because it is in the centre of the mall distant from other late night uses and the premises are too small to accommodate and manage waiting patrons.
- The applicant failed to lodge an acoustic report.
