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PASADENA CHANGE BUSINESS TYPE APPLICATION: URGENT NOTICE TO ISLANDERS
The Pasadena is applying for a Catering (events) Licence to hold unlimited events – submissions close 10 June 2022.
SIRA is not making a submission as we have not surveyed our community about the changes proposed. However, the West Pittwater Community Association has prepared a submission, and we provide it below with the kind permission of the WPCA. This may assist you in making your own submission.
The changes proposed are significant and could have an impact on parking and noise, so we urge everyone to consider making a submission.
To make a submission click on this form. Your details can be anonymous and will not be disclosed to the Pasadena owner/licensee.
If you have a view on this Change of Use application your submission must be made by
Friday 10 June 2022.
The WPCA submission
The Pasadena is applying for a Catering (events) Licence to hold unlimited events (such as weddings) each year.
This could mean 4 weddings a week (with associated noise) and all the car spaces being taken!
Background
The Pasadena Sydney, at Church Point, reopened in late 2018 having been closed for approximately 10 years. Since reopening, the functions, primarily weddings, held at the venue regularly create noise disturbance and affect the quality of life of many residents in our unique community. On some days the noise from the music and guests has continued for 12 hours!
The current and proposed Licence
The Pasadena currently operates under an on-premises (restaurant) licence LIQ0600462049, which permits the sale of alcohol to patrons who purchase food. Such a licence limits events to about 3 per annum.
The Pasadena is now applying for a change of licence/business type 1-8276003841 to include catering services. ‘Catering services ’ allows a restaurant to hold unlimited weddings and events and close the venue to non- event patrons. The Pasadena is applying for this change of business use because it has been operating in breach of its current on- premises restaurant licence. A restaurant licence permits approximately 3 events a year where the restaurant is closed to non-event patrons. The Pasadena between January 2022 and April 2022 has been operating 2-4 events per week, not 2-4 events a year! Thus, is in breach of its restaurant licence.
Noise Conditions
The Pasadena restaurant has LA10 noise conditions on the licence restricting noise to 5 decibels above the background sound levels. Post-midnight no sound is to be heard at all in the nearest neighbouring properties ’ habitable rooms. The Pasadena has limited (if any) noise reducing support such as noise limiters, sound proofing, closing doors and windows at the premises and upstairs rooms.
Licence Breaches
1. The Pasadena has operated in breach of the restaurant licence by holding over 30 events already in 2022 alone! (It is only permitted about 3 events per year under a restaurant licence!)
2. The Pasadena has breached its LA10 licence conditions by regularly disturbing the community with amplified music greater than 5 decibels above the background sound levels
3. The Pasadena has breached its LA10 licence conditions by regularly disturbing the community with noise after midnight
4. The Pasadena has breached its LA10 licence conditions and the Liquor Act 2007 with excessive noise coming from patrons leaving the venue and with anti-social behaviour from patrons leaving the venue.
Residents in the local community (onshore and offshore) have been gathering evidence over the last 6 months with regards to the 4 areas of breaches above including:
- Patrons urinating on leaving the premise
- Drunk patrons shouting and fighting leaving the premise
- Patrons partying-on, post-midnight in the upstairs motel rooms and balcony- some until 3am
Parking
The Pasadena has displayed very limited use of buses, shuttle buses, or other parking support services (if any) for wedding attendees. This is to the detriment of local residents who pay in excess of $500 per annum for a parking permit to park their vehicle in the adjoining Church Point Carpark just to get home. Availability of parking spaces become scarce on the days events are held at the Pasadena.
- The Pasadena has not implemented the 2019 s81 Decision requirements including recommendations from Liquor and Gaming or the police, nor has it implemented its own draft Plan of Management guidelines nor honoured its own undertakings to Director Goodchild in the 2019 s81 decision and has not implemented the Pasadena’s own Acoustic expert report (2016) recommendations.
- We are very concerned that should the Pasadena obtain this Licence to hold events then these breaches will almost certainly continue and the quiet and good order of the neighbourhood will continue to be disturbed.
Licence application SR0000681338 (Change of Use)
It is also important to note the Pasadena ’s other outstanding Licence application SR0000681338 to change its licence premises boundaries is of concern. That application (which closed in September 2021) is to broaden its current restaurant licenced area to include a new take away area in the SW area of the building. Should the Events/Catering change of use be successful then the Pasadena will be able to hold events in the SW area of the building.
It will also exacerbate parking problems at Church Point which are already experienced when a function is held at the Pasadena.
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