On 2 December 2014, the Land and Environment Court granted a one (1) year extension to the late night trading operations of BSV’s long standing client, the Scary Canary Hotel in the Sydney CBD. The decision highlights the importance of a venue’s management responding promptly and appropriately to incidents when they arise, including undertaking revisions as may be necessary of what should be a robust Plan of Management.
The Commissioner applied the decision in Hemmes Trading Pty Ltd v Council of the City of Sydney [2010] NSWLEC 1124 as to what constitutes a venue’s “good management”, the key test for granting extensions to late night trading trial periods under the Sydney City Development Control Plan 2012. The Hotel faced the usual challenges of a busy and popular venue. However, the Court noted that there was an adequate response by management to issues as they arose which warranted an extension of the trial period. The decision was appealed by the Council. On 31 March 2015, Chief Justice Preston found that there was no error of law in the Commissioner’s decision. The appeal was dismissed with the Council to pay the Hotel’s costs.