388 South Terrace South Fremantle WA 6162

I strongly object to the development of a small bar at this location. I live in Orient Street and we have already had to suffer the noise, traffic and parking issues generated by the development of many other licensed premises in the immediate vicinity. South Fremantle is first and foremost a quiet residential area with a strong community. We do not need more alcohol-fueled venues particularly ones planning on opening until midnight every night. I gather from discussions from neighbours, La Cabana, the proposer of this development, have proven to be bad neighbours in their current iteration, with lots of noise complaints, largely ignored. As a doctor I deal with alcohol problems every day at work. Another bar offers nothing to the neighbourhood bar misery and strife. Please reject this application.

My opposition to the Small Bar Application at 388 South Tce South FREMANTLE. Below is the submission forwarded to Council by myself regarding the change of use application.
My concerns are expressed in this submission and these still apply to the proposed Liquor Licence.
I refer to the above Change of Use Application. My name is Shirley Baker and I wish to voice my strong opposition to this application. I live and own the property at 2 Commercial Street in South Fremantle. I have lived at this property for 28 years

Noise Impact Assessment

I have received a copy of the Applicant’s application. On page 2 of the Noise Impact Assessment (Assessment) it is noted that the ‘kitchen, offices, toilets and bars [will be] located along the eastern side of the site adjacent to nearby residences’. I note that the wall delineating between the applicant’s site and my [living room?] is four metres distance. I am tremendously concerned about the impact of the bar being a mere 4 metres from where I live. Whilst the Assessment concludes that the Application would be compliant with the Environmental Protection (Noise) Regulation 1997 I query table 3.2’s usage of a measure of 20 patrons to measure sound power levels. Equally as concerning is this paragraph:

Table 4.1 presents the predicted noise levels from the site at the nearby residential locations shown on Figure 1.2 for the worst case time period, nighttime, 10pm to 7am. The predications are based on the sound power levels presented in Table 3.2…

How can it be that a measurement of 20 patrons is eventually used in calculating the predicted noise levels at the ‘worst case time period’. The Applicant’s Proposed Restrictive Licence Conditions note that the ‘maximum capacity’ will be ‘the specification of a maximum number of persons to be permitted to be on the licensed premises at any one time which is to be based on the maximum occupancy certificate to be issued by the City of Fremantle’. I am assuming that this has not yet been issued. How is it that a Noise Impact Assessment can take place when there is no information provided in the Application about the realistic number of patrons on a normal or busy night. Further, how can a ‘worst case scenario’ of 20 patrons be framed as such?

I would further ask that when considering this application that you would also bear in mind that my amenity has already been affected by the collection of commercial bins for the South Beach Hotel, the Little Loaf Bakery, and Saroor, all taking place between 5:30am and 6:00am. This Application is requesting opening times of 11am – midnight (Monday – Saturdays). I ask that you please consider this impost on my amenity and way-of-life. Am I expected to acquiesce a mere 5 hours of sleep a night?

Lastly, I would also like you to consider that I am subject to the music from South Beach Hotel and Saroor most Fridays and weekends. This Assessment does not take into account the aggregate noise that I will endure most weekends in my home let alone my outdoor courtyard, should this Application be approved. I am deeply concerned that my outdoor courtyard could become entirely unusable.

Parking

How many parking bays were initially granted to the original business owners? I would argue that the demand for parking in South Fremantle has increased eightfold in recent years with much of the overflow seeping into residential streets. The increase in traffic along the southern end of South Terrace has become a nightmare of late, let alone with the increase in pedestrians as they wonder to and from establishments. To include another venue that will only add to this demand is negligent unless there are some proper car-parking planning implemented.

Bins

The plans do not clearly identify where the bins are to be kept. I am assuming that these are kept externally to the premises and potentially alongside the wall near my property. I note that storing these bins externally to the premises and so close to a residential dwelling will only further decrease the amenity of my home where I have lived for 28 years.
I ask that you please consider the contents of this letter when considering this application and that you do not support it. Please feel free to contact me with any further queries.

Kind regards

Shirley Baker

Another bar? We already have four bars on one block - madelenas, south beach hotel, la cabana, running with thieves, plus all the drinking that goes on in an evening at South Beach. In an area with a highly unsafe road crossing (Douro rd / south terrace roundabout) and where residents already have to put up with patrons and free campers taking all the street parking, drunk driving, patrons and free campers urinating on our verges and in our gardens, fighting, drunk shrieking on the streets until the small hours of the morning.

I urge the council to decline this small bar licence.

I am extremely concerned re the development of this bar. It is only a few meters from a residential house. There is no apparent sound proofing. It has a huge extraction fan on the roof which will be noisy. It has no parking allocated. There appears to be only one entrance and exit so is a fire hazard. They propose being open to midnight even on weeknights. Patrons are likely to wander down our streets after midnight. Our houses are virtually on the footpath in these streets so we hear everything that happens in the street - people talking, car doors opening and closing. People also tend to do these things loudly when they have been drinking. How are we to get enough sleep in order to work effectively and keep our jobs so that we can pay our rates? We'd like to see some proof that this is a legal build and that the alcohol licence they are relying on actually belongs to this courtyard area and not the restaurant area in front. So disrespectful to your rate payers that you are not doing anything to stop this.

This immediate area has been subject to several additional licensed venues over recent years, most notably 'Running with Thieves' just across South Terrace. One of the existing venues (Madalenas) is proposing to add capacity by utilising its upper storey as a licensed venue.
In addition to any noise or other behaviours that adversely affect local residents, there has been a major increase in parking demand that has adversely affected the ability of residents to park in their streets or elsewhere close to their homes.
In the case of this application, it should not be able to rely on an 'existing' liquor licence, as this licence has not been active for some years. It should be regarded as a new application and subject to assessment as such. Approval of the other recent additional licensed premises would have been on the basis of the existing level of amenity for residents and whether the impact of additional ones would be acceptable or manageable. This 'existing level of amenity' clearly did not include the activities of a long-dormant licensed premises.
The issue of car parking for residents, who would have bought or rented their houses in the vicinity on the basis of a known and existing level of competition from patrons of licensed premises, has already, with other recent approvals, been made worse than they expected. This application and any further applications for licensed premises should be required to include a viable parking management plan, including parking provision on-site where possible.