Quirky venue closed down for now

When an inner city council closed down an underground venue in Marrickville recently, it reignited a decade-long fear that excessive regulation is killing Sydney’s venues writes Pam Walker

Punters will tell you today’s live music scene lacks the vibrancy it had in the 1980s and if you want underground live music, Melbourne is where it’s at.

Performer Paul Capsis believes Sydney lacks the diversity of venues it once had and says it’s important not to shut down iconic small venues like the Hopetoun, which closed in September last year amid reports it was required to increase security and carry out costly upgrades, such as disabled access to downstairs toilets.

The latest target is Qirkz, a unique venue in an industrial part of Marrickville, a warehouse filled with ‘quirky’ film props and interesting knickknacks.

On March 11 at 9pm, in response to an anonymous tip off, council officials turned up to inspect the premises and within 10 minutes had declared the place “life threatening” due to lack of compliance with fire regulations. They came back the next night at 5pm and issued an emergency order, backed by a penalty of up to $110,000 for non-compliance.

The venue is run by Yaron Hallis, a member of the group Monsieur Camembert, together for 12 years and winners of three ARIA Awards.

Hallis admitted there are no designated fire exits on the top floor, but said there are two stairwells, one on either side of the building, one of which acts as an emergency exit right near the front door.

“I believe they’re enough but they may not meet the letter of the law,” he said. “I want to be clear that I’m not downplaying the importance of fire safety but there’s a major disparity between what people perceive as safe and what councils demand.”

He said the demands for compliance were onerous, citing as an example the Greek Club five doors down from Qirkz which he says was made to put in a handicapped toilet although they’re three floors up and there’s no lift.

“The club told me it’s not uncommon to spend $80,000 to $100,000 just on paperwork,” Hallis said. “And Red Rattler had to pay $150,000 for a parking contribution levy even though they’re in an industrial area that’s deserted at night.”

Red Rattler has just gone legal with the five women owners pooling their resources to buy the building and go legit. But Hallis said it was untenable to sink $200,000 into a building you don’t own.

And Hallis is frustrated that Qirkz, based in a building that was formerly a sewing factory, might not secure council approval to operate as a venue.

“We withdrew our DA for the wood fired pizza because the council were very negative about it. All we were given was unbelievably discouraging rhetoric based on the fact its usage was for factory use. On several occasions we were advised to withdraw the application and to find a place that already had approval.”

But the obligatory next step is to conform to Building Code of Australia standards.  “I’m absolutely happy to do what’s needed but they warned us not to address fire compliance until we know whether we will get approval for the usage,” Hallis said.

A meeting with Marrickville Mayor Sam Iskandar, scheduled for March 15 but postponed due to illness, will determine what happens next.
“We really need them to give us a list so we know how onerous it will be to comply. We are resolute in wanting to keep the venue going but that will depend on whether we can afford it.”

For now, Qirkz has set up at the Greek Club down the road to “keep the music going”.

But it’s just not the same: “No question Qirkz is unique in Australia. It’s the only space in Sydney where the music isn’t too loud and where people of all ages and all backgrounds felt equally welcome. It was a beautiful thing to have this multi-generational space; it’s a very important part of the ethos of the place.”

“We see this as a private space – we don’t want it to be a public space and don’t want a liquor licence. We don’t want to change the philosophy or feel of the place.”

And like Capsis, Hallis bemoans the shortage of venues.

“It’s been a problem for a long time across all genres of music. Every city needs an underground scene and I think they’re killing it in Sydney. It’s crucial for fringe artists but mainstream artists like Tim Freedman and Katie Noonan also get the chance to connect with audiences in a way they can’t in bigger spaces.”

The Marrickville Greens councillors have come on side. Cr Cathy Peters says that Qirkz is but one of a handful of venues established by musicians “who have become disillusioned by the lack of available opportunities to play in this city and in desperation have begun to organise small gigs for their friends and supporters”.

“It’s important that venues are safe but it’s also important that local councils work to find ways that enable live music and performance arts to grow in our community,” she said.

Marrickville Council is looking to amend its Local Environmental Plan to allow for new land use zones in industrial areas, especially smaller industrial buildings and sites, according to Cr Peters.

But venues face other problems as well, says the Newtown Entertainment Precinct’s (NEPA) Greg Khoury who nominates noise provisions and the weight local councils give to residents’ complaints as posing the biggest threat to live music.

“Noise emanating from any room on the premises after 11pm puts the place in breach but trains passing from 1am to 5 am do not require developments along the railway line to include insulation against the noise,” he said. “The problem is that councils respond vigorously to residents’ complaints but not to businesses which also pay rates. The balance of influence is unfairly in residents’ favour.”

Mr Khoury, who runs prominent inner city venues the Enmore Theatre, the Metro and the Factory, cited the Leichhardt Forum as an example, saying complaints from its residents resulted in the fountain having to be turned off at 9pm.

“And the Enmore has a ‘no alcohol after midnight’ restriction, so if we had a comedy act there we’d still be breaking provisions of the licence even though it’s about no noise after midnight,” he said.

He pointed out that the NEPA venues bring $28 million each year into the Newtown economy. “Places of entertainment feed the strip and give it vibrancy. Councils lose sight of that and really need to deal with this.”

But Mr Khoury welcomed the recent abolition of Place of Public Entertainment (PoPe) licensing as a huge improvement although he said it was still necessary to comply with BCA demands that could include “overkill provisions”.

The last word goes to Otto and Quay restaurants owner John Fink, who in the 1980s – then in his early 20s – started up Brackets and Jam, a trendy underground venue.

“It started in my living room and in its heyday it was a fantastic addition to Sydney,” he said. “But that would be nearly impossible now. Local councils are killing it. You need to do a survey of the area and convince everyone there won’t be a problem.  It takes only one person to complain.

“I’ve looked at potential venues, done the sums and thought, we have to spend so much to make it comply that it’s not doable. And if a person objects, you can’t do it.”