Council keeps the lid on late night drinkers

Kings Cross needed a ‘rescue plan’ said Cr John McInerney as placard-wielding residents opposed changes to late-night Darlinghurst Road venues at last week’s Council Planning Committee meeting.

At stake was the recently opened Sugarmill Hotel’s desire to open a new rooftop bar between 10am and midnight, and an application from The Elk (formerly Springfields) to extend its closing time from 3am to 5am.

Councillors decided to hold a site inspection and at 11pm last Wednesday, Crs McInerney, Harris and Doutney ventured into the Kings Cross nightlife along with senior staff.

The City News was barred by venue managers from joining the inspection, with no reason being given.

In spite of submissions on the DA running at 43 against to one in support, staff recommended conditional approval of the application as it complied with regulations. Most objections were found to be baseless on the following grounds:

The rooftop bar would not increase the capacity of the hotel so there would be no cumulative impacts;
a two-metre acoustic screen around the rooftop and a noise limiter on the music system would keep noise to below ambient levels ‘ this had been independently verified by a council-appointed acoustic consultant.
there was no increase in the bulk of the building
a small alcohol- and food-free rooftop smokers area to operate after midnight would in fact result in less noise than smokers using the street and, according to police, reduce potential for alcohol-related incidents.

Acoustic measurements were taken from seven residential apartments around the site, in Springfield Avenue and Darlinghurst Road.

However Councillors sided with the residents and refused the application, which means the applicant may appeal to the Land and Environment Court.

The Elk was applying for extended hours on the basis that it had now completed its one-year trial period. However Councillors noted that the room had been closed for several months and thought application for extended hours should be deferred until after the venue had operated for a full 12 months. They decided acoustic music would be permissible in the meantime.

Owners of The Elk also own The Empire Hotel opposite, which is subject to 2am lockout rules. There was concern that The Elk would be used as an overflow venue for patrons who arrived at The Empire after 2am.